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:
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:
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.
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.
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.
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.
Fees and payments collected
In addition to amounts otherwise made available under this heading—
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;
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
not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities.
Transfer, reprogramming, and other matters
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.
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.
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.
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.
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.
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—
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;
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;
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;
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;
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;
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.
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.
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.
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.
General Provisions
allowances and differentials
Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by sub chapter 59 of title 5, United States Code; for services as authorized by 5 U.S.C. 3109 ; and for hire of passenger transportation pursuant to 31 U.S.C. 1343(b) .
Unobligated balances report
Any department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative 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
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
Of funds provided under title I of this Act, except as provided in subsection (b), a project to construct a diplomatic facility of the United States may not include office space or other accommodations for an employee of a Federal agency or department if the Secretary of State determines that such department or agency has not provided to the Department of State the full amount of funding required by subsection (e) of section 604 of the Secure Embassy Construction and Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) of Public Law 106–113 and contained in appendix G of that Act; 113 Stat. 1501A–453), as amended by section 629 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005.
Notwithstanding the prohibition in subsection (a), a project to construct a diplomatic facility of the United States may include office space or other accommodations for members of the United States Marine Corps.
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.
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.
The reporting requirement contained in section 7004(f)(2) of division I of Public Law 112–74 shall remain in effect.
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.
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.
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
Any costs incurred by a department or agency funded under title I of this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available under title I to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
LOCAL GUARD CONTRACTS
In evaluating proposals for local guard contracts, the Secretary of State shall award contracts in accordance with section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 22 U.S.C. 4864 ), except that the Secretary may grant authorization to award such contracts on the basis of best value as determined by a cost-technical tradeoff analysis (as described in Federal Acquisition Regulation part 15.101), 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
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
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
Department of state and broadcasting board of governors
Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between, 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.
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.
Any transfer pursuant to this section shall be treated as a reprogramming of funds under section 7015(a) and (b) of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
Export financing transfer authorities
Not to exceed 5 percent of any appropriation other than for administrative expenses made available for fiscal year 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.
Limitation on transfers between agencies
None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961.
Any agreement
entered into by the United States Agency for International Development (USAID)
or the Department of State with any department, agency, or instrumentality of
the United States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of
$1,000,000 and any agreement made pursuant to
section 632(a) of such Act, with funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations, and
related programs under the headings Global Health 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.
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.
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
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
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
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
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.
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.
de minimis exception
Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b).
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.
determinations
The provisions of this section shall not apply to any country or entity the Secretary of State determines—
does not assess taxes on United States assistance or which has an effective arrangement that is providing substantial reimbursement of such taxes; or
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.
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.
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.
definitions
As used in this section—
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;
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.
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
Funds appropriated under titles II through VI of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by operation of any provision of this or any other Act: Provided , That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That assistance that is reprogrammed pursuant to this subsection shall be made available under the same terms and conditions as originally provided.
In addition to the authority contained in subsection (a), the original period of availability of funds appropriated 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.
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
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—
creates new programs;
eliminates a program, project, or activity;
increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;
relocates an office or employees;
closes or opens a mission or post;
creates, closes, reorganizes, or renames bureaus, centers, or offices;
reorganizes programs or activities; or
contracts out or privatizes any functions or activities presently performed by Federal employees;
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—
augments existing programs, projects, or activities;
reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or
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.
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.
Notwithstanding any other provision of law, with the exception of funds transferred to, and merged with, funds appropriated under title I of this Act, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development for assistance for foreign countries and international organizations, and funds made available for programs authorized by section 1206 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ), shall be subject to the regular notification procedures of the Committees on Appropriations.
The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided , That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further , That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances.
None of the funds appropriated under titles III through VI of this Act shall be obligated or expended for assistance for 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
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
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
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
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.
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
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—
primarily for fostering relations outside of the Executive Branch;
principally for meals and events of a protocol nature;
not for employee-only events; and
do not include activities that are substantially of a recreational character.
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—
alcoholic beverages; or
entertainment expenses for activities that are substantially of a recreational character, including but not limited to entrance fees at sporting events, theatrical and musical productions, and amusement parks.
prohibition on assistance to governments supporting international terrorism
Lethal Military Equipment Exports
None of the funds appropriated or otherwise made available by titles III through VI of this Act may be available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism for purposes of section 6(j) of the Export Administration Act of 1979: Provided , That the prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment: Provided further , That this section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997.
Assistance restricted by paragraph (1) or any other similar provision of law, may be furnished if the President determines that to do so is important to the national interests of the United States.
Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests.
Bilateral Assistance
Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated under any such title in prior acts making appropriations for the Department of State, foreign operations, and related programs, shall not be made available to any foreign government which the President determines—
grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism;
otherwise supports international terrorism; or
is controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.
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
Funds appropriated by this Act, except
funds appropriated under the heading Trade and Development
Agency
, may be obligated and expended notwithstanding section 10 of
Public Law 91–672
, section 15 of the State
Department Basic Authorities Act of 1956,
section 313 of the
Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (
Public Law 103–236
), and
section 504(a)(1) of the
National Security Act of 1947 (
50 U.S.C. 414(a)(1)
).
definition of program, project, and activity
For the purpose of titles II through VI of
this Act program, project, and activity
shall be defined at the
appropriations Act account level and shall include all appropriations and
authorizations Acts funding directives, ceilings, and limitations with the
exception that for the following accounts: Economic Support Fund
and Foreign Military Financing Program
, program, project,
and activity
shall also be considered to include country, regional, and
central program level funding within each such account; 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—
justified to the Congress; or
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
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
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—
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
activities in a country the Secretary of State determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency.
None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided , That this subsection shall not prohibit—
activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States;
research activities intended primarily to benefit American producers;
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
activities in a country the Secretary of State determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency.
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
Separate Accounts for Local Currencies
If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development (USAID) shall—
require that local currencies be deposited in a separate account established by that government;
enter into an agreement with that government which sets forth—
the amount of the local currencies to be generated; and
the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and
establish by agreement with that government the responsibilities of USAID and that government to monitor and account for deposits into and disbursements from the separate account.
Uses of local currencies
As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only—
to carry out chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), for such purposes as—
project and sector assistance activities; or
debt and deficit financing; or
for the administrative requirements of the United States Government.
Programming accountability
USAID shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2).
Termination of assistance programs
Upon termination of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government.
Reporting requirement
The USAID Administrator shall report on an annual basis as part of the justification documents submitted to the Committees on Appropriations on the use of local currencies for the administrative requirements of the United States Government as authorized in subsection (a)(2)(B), and such report shall include the amount of local currency (and United States dollar equivalent) used and/or to be used for such purpose in each applicable country.
Separate Accounts for Cash Transfers
If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle them with any other funds.
Applicability of other provisions of law
Such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159).
Notification
At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance).
Exemption
Nonproject sector assistance funds may be exempt from the requirements of subsection (b)(1) only through the regular notification procedures of the Committees on Appropriations.
eligibility for assistance
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.
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.
Exception
This section shall not apply—
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
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
None of the funds appropriated under titles III through VI of this Act may be obligated or expended to provide—
any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States; or
assistance for any program, project, or activity that contributes to the violation of internationally recognized workers rights, as defined in section 507(4) of the Trade Act of 1974, of workers in the recipient country, including any designated zone or area in that country: Provided , That the application of section 507(4) (D) and (E) of such Act should be commensurate with the level of development of the recipient country and sector, and shall not preclude assistance for the informal sector in such country, micro and small-scale enterprise, and smallholder agriculture.
International financial institutions
None of the funds appropriated 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.
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.
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.
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.
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
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
Limitation on direct government-to-Government assistance
Funds appropriated by this Act may be made available for direct government-to-government assistance only if—
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
the recipient agency or ministry employs and utilizes staff with the necessary technical, financial, and management capabilities;
the recipient agency or ministry has adopted competitive procurement policies and systems;
effective monitoring and evaluation systems are in place to ensure that such assistance is used for its intended purposes; and
no level of acceptable fraud is assumed.
the recipient government is in compliance with the principles set forth in section 7013 of this Act;
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
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.
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.
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.
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.
Not later than 6 months after the enactment of this Act, the USAID Administrator shall submit to the Committees on Appropriations a report that—
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
the type of procurement instrument or mechanism utilized and whether the assistance was provided on a reimbursable basis.
National budget and contract transparency
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.
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).
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.
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.
Anti-Kleptocracy and Human Rights
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.
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.
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.
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.
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.
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
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).
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.
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.
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.
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.
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.
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.
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.
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
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—
previously justified, including the projected future year costs, in a congressional budget justification;
included in an Act making appropriations for the Department of State, foreign operations, and related programs or previously authorized by an Act of Congress;
notified in accordance with the regular notification procedures of the Committees on Appropriations, including the projected future year costs; or
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
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.
Reconstituting civilian police authority
In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability.
World food program
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.
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.
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.
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
.
Extension of authorities
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
.
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.
The authority contained in section 1115(d) of Public Law 111–32 shall remain in effect through September 30, 2014.
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).
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).
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).
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.
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.
The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 ) is amended—
In section 599D (8 U.S.C. 1157 note)—
in subsection (b)(3), by striking
and 2013
and inserting 2013, and 2014
; and
in subsection (e), by striking
2013
each place it appears and inserting 2014
;
and
in
section 599E (
8 U.S.C. 1255 note) in
subsection (b)(2), by striking 2013
and inserting
2014
.
The authorities provided in section 1015(b) of Public Law 111–212 shall remain in effect through September 30, 2014.
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.
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.
Extension of rewards
Section 36 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708 ) is amended—
in subsection
(a)(2), by inserting serious violations of international humanitarian
law, transnational organized crime,
after international
narcotics trafficking,
; and
by adding at the end the following new paragraph:
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.
.
Extensions
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:
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.
.
Section 602(b) of Public Law 111–8 is amended by adding at the end of subsection 602(b)(3)(C):
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.
.
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.
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.
Limitations
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—
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
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.
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.
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.
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.
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.
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.
Microenterprise and microfinance
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.
Section 258(b) of the Foreign Assistance Act of 1961 is amended as follows:
by striking paragraph (1) and paragraphs (6) through (11); and
by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively.
Property management
Section 585(a) of Public Law 101–513
is amended by
inserting and for maintenance
after of that
Act
.
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.
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.
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.
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.
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.
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.
Working Capital Fund
The USAID Administrator (the Administrator) is authorized to establish a Working Capital Fund (the Fund).
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.
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.
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.
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.
Definitions
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.
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
It is the sense of the Congress that—
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;
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;
all Arab League states should normalize relations with their neighbor Israel;
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
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
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—
the governing entity of a new Palestinian state—
has demonstrated a firm commitment to peaceful co-existence with the State of Israel; and
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
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—
termination of all claims or states of belligerency;
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;
their right to live in peace within secure and recognized boundaries free from threats or acts of force;
freedom of navigation through international waterways in the area; and
a framework for achieving a just settlement of the refugee problem.
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.
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.
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
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
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
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.
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.
Prohibition
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.
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.
Audits
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.
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.
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—
the extent to which such Program complies with the requirements of subsections (b) and (c); and
an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures.
Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations.
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
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.
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.
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.
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.
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.
Prohibition to Hamas and the Palestine Liberation Organization
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.
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.
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.
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.
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
Egypt
Funds appropriated by this Act that are available for assistance for the Government of Egypt may only be obligated in the following manner—
25 percent of such funds may be made available after enactment of this Act;
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;
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
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).
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.
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:
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;
promoting the rule of law (including equal access to justice, protection of the rights of women and religious minorities, and anti-corruption efforts);
supporting economic reforms (including transparent and accountable governance, private sector-led growth and job creation, and trade expansion);
fostering a vibrant civil society (including free and independent media);
supporting security sector reform (including civilian police forces); and
combating terrorism (including eliminating smuggling networks between Egypt and Gaza in the Sinai).
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.
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.
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.
Iran
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 .
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.
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
.
Iraq
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.
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.
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.
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.
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.
Lebanon
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.
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.
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.
Syria
Funds appropriated under titles III and IV of this Act may be made available for assistance for Syria, notwithstanding any other provision of law.
In addition to other activities, such programs should seek to—
establish governance in Syria that is representative, inclusive, and accountable;
develop and implement political processes that are democratic, transparent, and adhere to the rule of law;
further the legitimacy of the Syrian opposition through cross-border programs;
develop civil society and an independent media in Syria;
promote economic development in Syria;
document, investigate, and prosecute human rights violations in Syria, including through transitional justice programs and support for nongovernmental organizations; and
counter extremist ideologies.
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.
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)
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.
Counterterrorism programs
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.
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.
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.
Ethiopia
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—
certifies to the Committees on Appropriations that the Government of Ethiopia is implementing policies to—
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
permit access to human rights and humanitarian organizations to the Somali region of Ethiopia; and
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.
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.
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—
not be used to support activities that involve forced evictions or other violations of human rights;
support initiatives of local communities to improve their livelihoods; and
be subject to prior consultation with affected populations.
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.
Expanded international military education and training
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.
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.
Pilot programs
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.
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.
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.
Somalia
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.
None of the funds appropriated by this Act may be made available for lethal assistance for Somali security forces.
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.
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.
South Sudan
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.
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—
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;
investigating and punishing members of security forces who have violated human rights; and
implementing the September 2012 security arrangements with the Government of Sudan.
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.
Trafficking in Conflict Minerals, Wildlife, and Other Contraband
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.
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.
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.
Zimbabwe
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.
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
Asia rebalancing
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.
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.
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.
Burma
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.
Funds appropriated under title III of this Act for assistance for Burma—
may not be made available for budget support for the Government of Burma;
shall be provided to strengthen civil society organizations in Burma, including as core support for such organizations;
shall be made available for rehabilitation programs for former political prisoners, including for health, education, and vocational training activities;
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
;
shall be made available for ethnic and religious reconciliation programs; and
shall be made available for programs to strengthen the rule of law and judicial independence in Burma.
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.
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.
Any new program or activity in Burma initiated in fiscal year 2014 shall be subject to prior consultation with the appropriate congressional committees.
Cambodia
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.
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.
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.
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.
North Korea
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.
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.
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.
People's Republic of China
None of the funds appropriated under the
heading Diplomatic and Consular Programs
in this Act may be
obligated or expended for processing licenses for the export of satellites of
United States origin (including commercial satellites and satellite components)
to the People's Republic of China unless, at least 15 days in advance, the
Committees on Appropriations are notified of such proposed action.
The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assistance projects or activities of the People's Liberation Army (PLA) of the People's Republic of China, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided , That none of the funds appropriated or otherwise made available pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA.
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.
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.
Tibet
The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support 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.
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.
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
Colombia
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.
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.
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.
Guatemala
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—
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
in accordance with the procedures and requirements specified under this section in the report accompanying this Act.
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.
Haiti
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—
Haiti has held free and fair parliamentary elections and a new Haitian Parliament has been seated and is functioning;
the Government of Haiti is respecting the independence of the judiciary; and
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.
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.
Honduras
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.
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.
Mexico
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.
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.
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
Afghanistan
Operations and Report
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.
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.
Assistance
Funds appropriated under titles III and IV of this Act for assistance for Afghanistan—
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;
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;
may be made available for independent election bodies;
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;
should not be used to initiate new major infrastructure projects;
shall be used to implement the United States Embassy Kabul Gender Strategy; and
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.
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—
credible elections in Afghanistan have taken place, and a peaceful transfer of power has occurred;
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;
the GoA is taking credible steps to protect the rights of Afghan women and girls;
consistent progress has been made by the GoA in achieving Tokyo Mutual Accountability Framework Hard Deliverables; and
the GoA is making credible efforts to reduce corruption and recover the stolen assets associated with Kabul Bank.
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.
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.
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.
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.
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.
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.
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.
Nepal
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.
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.
Pakistan
Certification
None of the funds appropriated or otherwise
made available by this Act under the headings Economic Support
Fund
, International Narcotics Control and Law
Enforcement
, and Foreign Military Financing Program
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—
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;
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;
dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the manufacture of IEDs;
preventing the proliferation of nuclear-related material and expertise;
issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts, assistance programs, and Department of State operations in Pakistan; and
providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by the conflict.
The Secretary of State may waive the requirements of subparagraph (A) if it is important to the national security interests of the United States.
Assistance
Funds appropriated by this Act under the
heading Foreign Military Financing Program
for assistance for
Pakistan may be made available only to support counterterrorism and
counterinsurgency capabilities in Pakistan.
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.
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) ).
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.
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.
Reports
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.
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.
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.
Sri Lanka
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.
Paragraph (1) shall not apply to assistance for humanitarian demining, disaster relief, and aerial and maritime surveillance.
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.
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.
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
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
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.
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
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—
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
implementing best practices for the protection of whistleblowers from retaliation, including best practices for—
protection against retaliation for internal and lawful public disclosures;
legal burdens of proof;
statutes of limitation for reporting retaliation;
access to independent adjudicative bodies, including external arbitration; and
results that eliminate the effects of proven retaliation.
Organizations
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.
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.
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.
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
Authority
Funds made available by titles III and IV of this Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve.
Notification
Assistance provided under subsection (a) shall be subject to the regular notification procedures of the Committees on Appropriations.
Enterprise funds
Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations, a plan for the distribution of the assets of the Enterprise Fund.
Funds made available under titles III through VI of this Act for Enterprise Funds shall be expended at the minimum rate necessary to make timely payment for projects and activities and no such funds may be available except through the regular notification procedures of the Committees on Appropriations.
Conferences
None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of agencies or departments of the 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.
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.
Each report submitted shall include, for each conference described in subsection (a) held during the applicable period—
a description of its purpose;
the number of United States Government participants attending;
a detailed statement of the costs to the United States Government, including—
the cost of any food or beverages;
the cost of any audio-visual services;
the cost of employee or contractor travel to and from the conference; and
a discussion of the methodology used to determine which costs relate to the conference; and
a description of the contracting procedures used including—
whether contracts were awarded on a competitive basis; and
a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference.
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.
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.
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
Transfer Authority
Notwithstanding any other provision of law or
regulation, aircraft procured with funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign operations, and
related programs under the headings Diplomatic and Consular
Programs
, International Narcotics Control and Law
Enforcement
, Andean Counterdrug Initiative
and
Andean Counterdrug Programs
may be used for any other program
and in any region, including for the transportation of active and standby
Civilian Response Corps personnel and equipment during a deployment:
Provided
, That the responsibility
for policy decisions and justification for the use of such transfer authority
shall be the responsibility of the Secretary of State and the Deputy Secretary
of State and this responsibility shall not be delegated.
Property Disposal
The authority provided in subsection (a) shall apply only after 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.
Aircraft Coordination
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.
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
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
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.
Cluster Munitions
No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless—
the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments, and the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; or
such assistance, license, sale, or transfer is for the purpose of demilitarizing or permanently disposing of such cluster munitions.
Prohibition on publicity or propaganda
No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before the date of the enactment of this Act by the Congress: Provided, That not to exceed $25,000 may be made available to carry out the provisions of section 316 of Public Law 96–533 .
Limitation on residence expenses
Of the funds appropriated or made available pursuant to title II of this Act, not to exceed $100,500 shall be for official residence expenses of the United States Agency for International Development during the current fiscal year.
United states agency for international development management
(including transfer of funds)
Authority
Up to $93,000,000 of the funds made available in title III of this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used by the United States Agency for International Development (USAID) to hire and employ individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service Act of 1980.
Restrictions
The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175.
The authority to hire individuals contained in subsection (a) shall expire on September 30, 2015.
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.
Program Account Charged
The account charged for the cost of an individual hired
and employed under the authority of this section shall be the account to which
such individual's responsibilities primarily relate:
Provided
, That funds made
available to carry out this section may be transferred to, and merged with,
funds appropriated by this Act in title II under the heading Operating
Expenses
.
Foreign Service Limited Extensions
Individuals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of section 309 of the Foreign Service Act of 1980, may be extended for a period of up to 4 years notwithstanding the limitation set forth in such section.
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.
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.
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.
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
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.
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.
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
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.
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.
Gender-Based violence
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.
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.
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.
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
Basic and higher education
Basic education
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.
Funds appropriated by title III of this Act for basic education may be made available for a contribution to the Global Partnership for Education.
Higher education and scholarships
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.
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.
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.
Environment Programs
In general
Of the funds appropriated by this Act, not less than $1,153,500,000 should be made available for environment programs.
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.
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.
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.
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.
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.
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.
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.
Extraction of natural resources
Funds appropriated by this Act shall be made available to promote and support transparency and accountability of expenditures and revenues related to the extraction of 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.
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—
accurately accounting for and public disclosure of payments to the host government by companies involved in the extraction and export of natural resources;
the independent auditing of accounts receiving such payments and public disclosure of the findings of such audits; and
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.
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.
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.
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).
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)).
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.
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.
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.
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.
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.
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.
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 ).
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
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
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)
Whenever the President determines that it is in furtherance of the purposes of the Foreign Assistance Act of 1961 , up to a total of $20,000,000 of the funds appropriated under title III of this Act may be transferred to, and merged with, funds appropriated by this Act for the Overseas Private Investment Corporation Program Account, to be subject to the terms and conditions of that account: Provided, That such funds shall not be available for administrative expenses of the Overseas Private Investment Corporation: Provided further, That designated funding levels in this Act shall not be transferred pursuant to this section: Provided further, That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations.
Notwithstanding section 235(a)(2) of the Foreign Assistance Act of 1961, the authority of subsections (a) through (c) of section 234 of such Act shall remain in effect until September 30, 2014.
INTERNATIONAL PRISON CONDITIONS
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
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.
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
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.
Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has an extradition treaty and the government of that country is in violation of the terms and conditions of the treaty.
The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to the Committees on Appropriations that such waiver is important to the national interests of the United States.
commercial leasing of defense articles
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
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.
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
).
Section 907 of the FREEDOM Support Act shall not apply to—
activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1424 of Public Law 104–201 or non-proliferation assistance;
any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421);
any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity;
any insurance, reinsurance, guarantee, or other assistance provided by the Overseas Private Investment Corporation under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
any financing provided under the Export-Import Bank Act of 1945; or
humanitarian assistance.
international monetary fund
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.
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.
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—
protection against retaliation for internal and lawful public disclosures;
legal burdens of proof;
statutes of limitation for reporting retaliation;
access to independent adjudicative bodies, including external arbitration; and
results that eliminate the effects of proven retaliation.
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
.
The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by adding at the end the following:
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.
Quota Increase
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.
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
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.
Of the funds made available by this section, up to 7 percent may be for management, oversight, and technical support.
Procurement Reform
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.
For the purposes of this section, local-entity means an individual, a corporation, a nonprofit organization, or another body of persons that—
is legally organized under the laws of;
has as its principal place of business or operations in; and
either is—
a for-profit entity majority owned and operated by individuals who are citizens or lawful permanent residents of; or
a non-profit entity majority operated and managed by individuals who are citizens or lawful permanent residents of;
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
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.
Funds made available pursuant to subsection (a) shall be—
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;
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 ;
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;
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
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.
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
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
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
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).
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.
Prohibition on use of funds in China
None of the funds made available by this Act may be used by UNFPA for a country program in the People’s Republic of China.
Conditions on availability of funds
Funds made available by this Act for UNFPA may not be made available unless—
UNFPA maintains funds made available by this Act in an account separate from other accounts of UNFPA and does not commingle such funds with other sums; and
UNFPA does not fund abortions.
operating and spend plans
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.
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—
assistance for Afghanistan, Colombia, Egypt, Haiti, Iraq, Lebanon, Libya, Mexico, Pakistan, the West Bank and Gaza, and Yemen;
the Trans-Sahara Counterterrorism Partnership program and the Partnership for Regional East Africa Counterterrorism program; and
food security and agriculture development programs.
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
.
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.
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
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
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).
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:
The commission’s policies and procedures to ensure compliance with—
Federal employee regulations;
Federal procurement regulations, including for individual contractors;
Federal travel regulations; and
EEOC and whistleblower protection; and
The manner in which the following commission functions are carried out—
budget, financial, and procurement;
oversight and audit; and
human resources management and other administrative functions.
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
There may be established in the Treasury of
the United States a Buying Power Maintenance, International
Organizations
account.
At the end of
each fiscal year, the Secretary of State may transfer to and merge with
Buying Power Maintenance, International Organizations
such
amounts from Contributions to International Organizations
as the
Secretary determines are in excess of the needs of activities funded from
Contributions to International Organizations
because of
fluctuations in foreign currency exchange rates.
In order to
offset adverse fluctuations in foreign currency exchange rates, the Secretary
of State may transfer to and merge with Contributions to International
Organizations
such amounts from Buying Power Maintenance,
International Organizations
as the Secretary determines are necessary
to provide for the activities funded from Contributions to International
Organizations
.
Subject to the
limitations contained in this section, not later than the end of the fifth
fiscal year after the fiscal year for which funds are appropriated or otherwise
made available for Contributions to International Organizations
,
the Secretary of State may transfer any unobligated balance of such funds to
the Buying Power Maintenance, International Organizations
account.
The balance of the Buying Power Maintenance, International Organizations account may not exceed $50,000,000 as a result of any transfer under this subsection.
Any transfer pursuant to this subsection shall be treated as a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) and shall be available for obligation or expenditure only in accordance with the procedures under such section.
Funds transferred to
the Buying Power Maintenance, International Organizations
account pursuant to this section shall remain available until expended.
The transfer authorities in this section shall be available for funds appropriated for fiscal year 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
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
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
Section 305(a)(11) of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6204(a)(11) ) is amended—
by striking (11)
and
inserting (11)(A)
; and
by adding at the end the following new subparagraph:
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.
.
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).
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.
Section 307 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6206 ) is amended—
in subsection (a), by adding at the
end the following: The Bureau shall operate under the direction of the
Chief Executive Officer.
;
by striking subsection (b); and
in subsection (c)—
in the subsection heading, by
striking Director
and inserting Chief Executive
Officer
; and
by striking The
Director
and inserting The Chief Executive
Officer
.
Section 305 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6204 ), as amended by subsection (a), is further amended—
by amending subsection (b) to read as follows:
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.
;
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
in subsection (d), by striking
and the Board
and inserting , the Board, and the Chief
Executive Officer
.
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:
Broadcast entities reporting to chief executive officer
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.
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
Petition for review
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.
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.
Limitations
Initial showing
To qualify for review under this subsection, a petition must make an initial showing that—
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
if such violation had not occurred, the consulate would have provided assistance to the individual.
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.
Filing deadline
A petition for review under this subsection shall be filed within 1 year of the later of—
the date of enactment of this Act;
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
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.
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.
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.
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).
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) .
Appeal
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.
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).
Violation
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—
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
the court—
shall postpone any proceedings to the extent the court determines necessary to allow for adequate opportunity for consular access and assistance; and
may enter necessary orders to facilitate consular access and assistance.
Evidentiary hearings
The court may conduct evidentiary hearings if necessary to resolve factual issues.
Rule of construction
Nothing in this subsection shall be construed to create any additional remedy.
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.
Applicability
The provisions of this section shall apply during the current fiscal year and hereafter.
DEATH GRATUITY AND OTHER BENEFITS
Death Gratuity
Section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973) is amended—
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
;
by redesignating subsections (b), (c), and (d) as subsections (d), (e), and (f) respectively;
by redesignating subsection (d) as subsection (f); and
by inserting after subsection (a) the following new subsections:
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.
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.
;
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
by amending subsection (c) to read as follows:
Order of payment
A death gratuity payment under this section shall be made as follows:
First, to the widow, widower, or domestic partner (as defined by Department of State regulation).
Second, to the child, or children in equal shares, if there is no widow, widower, or domestic partner.
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.
.
Life insurance and educational benefits
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:
Group life insurance supplement applicable to those killed in terrorist attacks
Foreign service employees
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.
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).
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.
Survivors’ and dependents’ educational assistance
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.
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.
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.
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.
.
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.
.
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) ).
Funding
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.
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.
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
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:
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.
.
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;
.
Automatic citizenship for children of United States citizens who are physically present in the United States
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:
The child is physically present in the United States in the legal custody of the citizen parent pursuant to a lawful admission.
.
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—
was born outside of the United States;
was adopted by a United States citizen before the person reached 18 years of age;
was legally admitted to the United States; and
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.
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.
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
Part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended by inserting after section 104C the following new section:
Eligibility for Assistance
Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance authorized under sections 104, 104A, 104B, and 104C—
a foreign nongovernmental organization shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organization with non-United States Government funds if such services are permitted in the country in which they are being provided and would not violate United States law if provided in the United States; and
a foreign nongovernmental organization shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under this part.
.
use of funds in contravention of this act
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.
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.