S.1601 - Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012
An original bill making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2012, and for other purposes. view all titles (3)
All Bill Titles
- Official: An original bill making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2012, and for other purposes. as introduced.
- Short: Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 as introduced.
- Short: Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 as reported to senate.
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Official SummaryDepartment of State, Foreign Operations, and Related Programs Appropriations Act, 2012 - Title I: Department of State and Related Agency - Makes FY2012 appropriations for the Department of State (Department) for: (1) administration of foreign affairs and diplomatic and consular programs; (2
Official SummaryDepartment of State, Foreign Operations, and Related Programs Appropriations Act, 2012 - Title I: Department of State and Related Agency - Makes FY2012 appropriations for the Department of State (Department) for:
(1) administration of foreign affairs and diplomatic and consular programs;
(2) the Capital Investment Fund;
(3) the Office of Inspector General;
(4) educational and cultural exchange programs;
(5) representation allowances;
(6) protection of foreign missions and officials;
(7) U.S. embassy security, construction, and maintenance;
(8) emergencies in the diplomatic and consular service;
(9) the repatriation loans program account;
(10) the American Institute in Taiwan;
(11) the Foreign Service Retirement and Disability Fund;
(12) international organizations, peacekeeping, and commissions;
(13) the International Boundary and Water Commission, United States and Mexico;
(14) salaries and expenses;
(15) plan preparation and construction of authorized projects;
(16) the International Joint Commission, the International Boundary Commission, United States and Canada, and the Border Environment Cooperation Commission;
(17) international fisheries commissions;
(18) international broadcasting operations and capital improvements;
(19) the Asia Foundation;
(20) the United States Institute for Peace;
(21) the Center for Middle Eastern-Western Dialogue Trust Fund;
(22) the Eisenhower Exchange Fellowships, Incorporated;
(23) the Israeli Arab Scholarship Program;
(24) the East-West Center;
(25) the National Endowment for Democracy;
(26) the Commission for Preservation of America's Heritage Abroad;
(27) the United States Commission on International Religious Freedom;
(28) the Commission on Security and Cooperation in Europe;
(29) the Congressional-Executive Commission on the People's Republic of China; and
(30) the United States-China Economic and Security Review Commission. Title II: United States Agency for International Development - Makes FY2012 appropriations for
(1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; and
(2) operating expenses of the United States Agency for International Development (USAID), the capital investment fund, and the Office of Inspector General. Title III: Bilateral Economic Assistance - Makes FY2012 appropriations for:
(1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961;
(2) global health, child survival, and disease prevention including HIV/AIDS;
(3) specified development assistance;
(4) international disaster assistance;
(5) transition initiatives;
(6) complex crises;
(7) development credit authority;
(8) the Economic Support Fund;
(9) promotion of democracy;
(10) assistance for Europe, Eurasia, and Central Asia;
(11) migration and refugee assistance;
(12) the Peace Corps;
(13) the Millennium Challenge Corporation;
(14) the Inter-American Foundation;
(15) the African Development Foundation; and
(16) the Department of the Treasury for international affairs technical assistance activities and debt restructuring. Title IV: International Security Assistance - Makes FY2012 appropriations for:
(1) international narcotics control and law enforcement;
(2) nonproliferation, anti-terrorism, and demining;
(3) international peacekeeping operations;
(4) international military education and training; and
(5) foreign military financing grants. Title V: Multilateral Assistance - Makes FY2012 appropriations for:
(1) international organizations and programs,
(2) the Global Environment Facility,
(3) the International Bank for Reconstruction and Development,
(4) the International Development Association,
(5) the Clean Technology Fund,
(6) the Strategic Climate Fund,
(7) the Global Agriculture and Food Security Program,
(8) the Inter-American Development Bank and the Inter-American Investment Corporation,
(9) the Enterprise for the Americas Multilateral Investment Fund,
(10) the Asian Development Bank and the Asian Development Fund,
(11) the African Development Fund and the African Development Bank, and
(12) the International Fund for Agricultural Development. Sets forth limitations on callable capital subscriptions with respect to:
(1) the International Bank for Reconstruction and Development,
(2) the Inter-American Development Bank,
(3) the Asian Development Bank,
(4) the African Development Bank, and
(5) the European Bank for Reconstruction and Development. Title VI: Export and Investment Assistance - Makes FY2012 appropriations for:
(1) the Export-Import Bank of the United States, including the Office of Inspector General, direct and guaranteed loans, tied-aid grants, insurance programs, and administrative expenses;
(2) the Overseas Private Investment Corporation (OPIC) credit and insurance programs, including administrative expenses, and for the cost of direct and guaranteed loans; and
(3) the Trade and Development Agency. Title VII: General Provisions - Sets forth certain limits and prohibitions on the use of appropriations for specified activities.
(Sec. 7002)Requires any federal department or agency that has funds made available to it under this Act to provide Congress with a quarterly accounting of the cumulative balances of any unobligated funds received during FY2012 or in any previous fiscal year.
(Sec. 7003)Limits the use of funds under title I of this Act for any consulting service through procurement contracts to those contracts available for public inspection.
(Sec. 7004)Sets forth restrictions on office space for federal employees with respect to U.S. diplomatic facility construction, with an exception for Marine Corps use.
(Sec. 7005)States that costs incurred by an agency or department 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 such agency's or department's budgetary resources.
(Sec. 7006)Authorizes local guard contracts to be awarded on a best value basis in Iraq, Afghanistan, and Pakistan.
(Sec. 7007)Prohibits the use of funds under this Act for direct assistance or reparations to Cuba, North Korea, Iran, or Syria.
(Sec. 7008)Prohibits the use of funds under titles III through VI this Act for assistance to any country whose elected head of government is deposed by military or military-supported coup or decree. Permits resuming assistance if a democratic government is subsequently elected to office.
(Sec. 7009)Limits certain agency, Department, and Broadcasting Board of Governors transfer authority.
(Sec. 7010)Directs the Secretary of State (Secretary) to report to Congress quarterly on fund use for foreign military financing, international military education and training, Pakistan counterinsurgency, and peacekeeping operations.
(Sec. 7011)Prohibits, with specified exceptions, appropriations under this Act from remaining available for obligation after the expiration of the current fiscal year unless expressly provided for.
(Sec. 7012)Prohibits funds under titles III through VI of this Act from being used for assistance to any country in default in excess of a year on payments on a U.S. loan unless the President determines such assistance is in the national interest.
(Sec. 7013)Prohibits funds under titles III through VI of this Act from being used for assistance under a new bilateral agreement unless such assistance is exempt from taxation, or reimbursed, by the foreign government.
(Sec. 7014)Authorizes specifically designated appropriations under titles II through VI of this Act to be reprogrammed for other programs within the same account subject to the appropriate congressional committees' regular notification procedures. Extends the availability of program-specific appropriations for one fiscal year if USAID reports to Congress that program termination or changed circumstances makes it unlikely that such appropriations can be obligated during the original period of availability. States that ceilings and specifically designated funding levels under 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.
(Sec. 7015)Prohibits funds that remain available for FY2012 obligation under title I of this Act or in prior appropriations Acts from being made available for specified reprogramming purposes unless the appropriate congressional committees are notified 15 days in advance of such programming. Prohibits the use of funds under titles III through VI and VIII of this Act for Serbia, Sudan, South Sudan, Zimbabwe, Afghanistan, Iraq, Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, Mexico, Nepal, Colombia, Burma, Yemen, Kazakhstan, Uzbekistan, Somalia, Sri Lanka, or Cambodia except through the regular notification procedures of the appropriate congressional committees.
(Sec. 7016)Requires the Department of Defense (DOD) to notify Congress prior to:
(1) providing certain excess defense articles under the Foreign Assistance Act of 1961, or
(2) issuing a letter of offer to sell certain defense articles under the Arms Export Control Act.
(Sec. 7017)States that funds appropriated under titles III through VI of this Act or in prior appropriations Acts for the Department, foreign operations, export financing, and related programs that are returned or not made available for international organizations and programs shall remain available for obligation until September 30, 2013.
(Sec. 7018)Prohibits certain funds under the Foreign Assistance Act of 1961 from being obligated or expended for any country or organization if such funds' use would violate specified provisions related to abortions and involuntary sterilizations.
(Sec. 7019)Allocates funds for specified accounts.
(Sec. 7020)Prohibits the obligation of certain funds to pay for alcoholic beverages or entertainment expenses for recreational activities.
(Sec. 7021)Prohibits the provision of funds under titles III through VI of this Act to any foreign government that provides lethal military equipment (under a post-October 1, 1997 contract) to a country that supports international terrorism unless the President reports to Congress that such assistance is in the U.S. national interest. Prohibits bilateral assistance from being made to a government that:
(1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism, or
(2) otherwise supports international terrorism. Authorizes the President to waive such prohibition for humanitarian or national security purposes.
(Sec. 7022)Extends, with an exception, certain authorities necessary to expend Department and foreign assistance funds.
(Sec. 7024)States that unless expressly provided to the contrary provisions authorizing or making appropriations for the Department, 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.
(Sec. 7025)Prohibits funds under titles III through VI of this Act and funds available to the Export-Import Bank and OPIC from being used for production of any export commodity by a foreign country if the commodity is likely to be in surplus on world markets and will cause substantial injury to U.S. producers of a similar or competing commodity (with exceptions for benefits to U.S. producers).
(Sec. 7026)Directs USAID to require countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities.
(Sec. 7027)States that:
(1) restrictions on assistance for a country shall not be construed to restrict specified assistance for nongovernmental organizations, and
(2) nothing in this section shall be construed to alter existing prohibitions against abortion or involuntary sterilizations in this or any other Act. States that:
(1) during FY2012 restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Agricultural Trade Development and Assistance Act of 1954 (P.L. 480), and
(2) this section shall not apply to assistance restrictions regarding support of international terrorism and human rights violations.
(Sec. 7028)Prohibits funds under titles III through VI of this Act from being provided for:
(1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees, or
(2) assistance for any program that contributes to the violation of internationally recognized workers rights in the recipient country.
(Sec. 7029)Prohibits payments under title V of this Act to any international financial institution while the U.S. executive director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule, or any alternate U.S. director is compensated at a rate in excess of that for Level V of such Schedule. Directs the Secretary of the Treasury to instruct:
(1) the U.S. Executive Director of the International Monetary Fund (IMF) to oppose assistance to a Heavily Indebted Poor Country that imposes budget caps or restraints that do not allow the maintenance of or an increase in governmental spending on health care or education,
(2) the U.S. executive directors at international financial entities to oppose assistance that requires user fees or service charges on poor people for primary education or primary health care, and
(3) the U.S. executive directors at international financial entities to oppose assistance for the production or extraction of any export commodity or mineral if it is in surplus on world markets and will cause substantial injury to similar U.S. producers.
(Sec. 7030)Authorizes nongovernmental organizations which are USAID grantees or contractors to place funds made available to them under title III of this Act in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.
(Sec. 7031)Sets forth requirements for direct government-to government assistance.
(Sec. 7032)Allows specified funds to be made available for:
(5) war victims,
(6) displaced children,
(7) displaced Burmese, and
(8) victims of trafficking in persons and to combat such trafficking. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend the authority and deadline for certain aliens to apply for refugee admission into the United States. Urges that certain funds should be made available for demobilization and civilian reintegration of former members of foreign terrorist organizations. Authorizes the Secretary to withhold funds under this Act from any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions. Authorizes the obligation of specified funds for conflict stabilization activities. Extends passport surcharge fee authority.
(Sec. 7033)Expresses the sense of Congress that:
(1) the Arab League boycott of Israel (reinstated in 1997), and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to regional peace and to U.S. investment and trade in the Middle East and North Africa and should be terminated;
(2) the boycott should be terminated; and
(3) the President should report annually to Congress on steps taken to encourage Arab League states to normalize their relations with Israel to end the boycott.
(Sec. 7034)Prohibits, with a national security interest waiver, the use of funds under titles III through VI of this Act from being used to support a Palestinian state unless the Secretary certifies to the appropriate committees that:
(1) the Palestinian governing entity has demonstrated a commitment to peaceful coexistence with Israel and is taking measures to counter terrorism, and
(2) the Palestinian Authority (PA) or a new governing entity is working to establish a lasting peace in the Middle East. Exempts from such restriction assistance to help reform the PA and affiliated institutions or a governing entity meet such assistance requirements. Expresses 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, and should enact other laws and regulations assuring transparent and accountable governance.
(Sec. 7035)Prohibits, with an exception for acquisition of additional space for the Consulate General in Jerusalem, the obligation of funds appropriated under titles II through VI of this Act to create in Jerusalem a new U.S. agency office for the purpose of conducting official U.S. business with the PA over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-Palestine Liberation Organization (PLO) Declaration of Principles.
(Sec. 7036)Prohibits funds under this Act from being used to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation.
(Sec. 7037)Directs the Secretary, for FY2012, to certify to Congress prior to the initial obligation of funds for the bilateral West Bank and Gaza program that the Comptroller General will have access to necessary financial information to evaluate the uses of U.S. assistance. Directs the Secretary, prior to obligating economic support funds under this Act for the West Bank and Gaza, to take steps to ensure that such assistance is not provided to or through any individual or entity that advocates or engages in terrorist activity. Prohibits funds from being used to honor individuals who commit, or have committed, acts of terrorism. Requires and obligates funds for program audits.
(Sec. 7038)Prohibits specified assistance from being provided to the PA unless the President certifies to Congress that it is in the U.S. national interest. States that any such waiver shall:
(1) not be for more than six months at a time, and
(2) not apply beyond 12 months after enactment of this Act. Requires a report to Congress when such waiver is exercised. Prohibits appropriations under titles III through VI of this Act from being used for salaries of PA personnel in Gaza or for assistance to Hamas or any Hamas-controlled or power-sharing government unless the President certifies to Congress that such government has accepted Israel's right to exist and is adhering to previous agreements with the United States, Israel, and the international community. Prohibits funds under titles III through VI of this Act from being obligated for the PLO.
(Sec. 7039)Prohibits specified funds from being made available to Egypt unless the Secretary certifies to Congress that Egypt is meeting its obligations under the 1979 Egypt-Israel Peace Treaty. Authorizes the use of specified funds for enterprise funds for Egypt, Tunisia, and Jordan. States that:
(1) it is U.S. policy to prevent Iran from producing nuclear weapons, including by supporting international diplomatic efforts to halt Iran's uranium enrichment program, and
(2) the President should fully enforce the Iran Sanctions Act of 1996. Prohibits specified funds from being used by:
(1) the Export-Import Bank of the United States to provide new financing to any person subject to sanctions under the Iran Sanctions Act of 1996,
(2) the U.S. government for a permanent basing rights agreement with Iraq. Prohibits funds appropriated by this Act from being made available to Lebanon if it is controlled by a foreign terrorist organization. Makes specified military financing funds for Lebanon available only to professionalize the Lebanese armed forces and to strengthen border security and combat terrorism. Urges that specified funds should be made available to Libya for:
(1) democracy promotion and the rule of law, and
(2) exchange programs between Libyan and American students and professionals. Requires the Secretary, prior to making specified military financing funds available to Morocco, to report to Congress on steps being taken by Morocco regarding the Western Sahara and human rights. Makes funds available to Syria to promote democracy and protect human rights.
(Sec. 7040)Authorizes the transfer of certain aircraft including for the transportation of active and standby Civilian Response Corps personnel and equipment. Requires that the use of Department and USAID aircraft used primarily to transport personnel shall be coordinated under the authority of the appropriate Chief of Mission.
(Sec. 7041)Makes funds under this Act available for the Central America Regional Security Initiative and for the Caribbean Basin Security Initiative to strengthen civilian law enforcement and judicial institutions. Authorizes the use of funds under this Act for Columbia for a campaign against narcotics trafficking and foreign terrorist organizations and to protect human health and welfare in emergency circumstances. Prohibits the combat participation of U.S. military personnel or civilian contractors in connection with assistance made available by this Act for Colombia. Limits certain funding under this Act for drug eradication in Colombia until the Secretary makes certain certifications to Congress. Withholds specified assistance under this Act from the Colombian armed forces until the Secretary certifies to Congress that the Colombian armed forces have taken specified steps regarding human rights violations and paramilitary activities and the investigation and punishment of those responsible for such actions. Makes specified assistance available for the International Commission Against Impunity in Guatemala. Limits the availability of certain military assistance for Guatemala. Makes Haiti eligible to purchase U.S. defense articles and services for its Coast Guard. Withholds specified assistance for Honduran police forces until the Secretary reports to Congress that Honduras is investigating military and police personnel who are alleged to have violated human rights. Makes specified funds under this this Act available to strengthen Mexico's civilian law enforcement and judicial institutions. Makes specified assistance available for labor and environmental capacity building activities relating to free trade agreements with the countries of Central America, Peru, and the Dominican Republic.
(Sec. 7042)Makes funds under this Act available for Serbia after May 31, 2012, if the Secretary reports to Congress that Serbia is cooperating with the International Criminal Tribunal for Yugoslavia (ICTY), including apprehending and transferring indictees and providing investigators access to witnesses and information.
(Sec. 7043)Authorizes the use of specified funds under titles III and IV of this Act to enhance the effectiveness and accountability of civilian police authority through human rights training and through the promotion of civilian police roles that support democratic governance, including programs on conflict prevention, police-community relations, disaster assistance, and gender-based violence.
(Sec. 7044)Prohibits specified funds under this Act from being used to pay any assessments, arrearages, or dues of any U.N. member (including costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations).
(Sec. 7045)Permits the President to provide up to a specified amount of commodities and services to the United Nations War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia.
(Sec. 7046)Prohibits specified funds under this Act from being used for U.N. peacekeeping missions that will involve U.S. Armed Forces personnel under foreign command unless in the U.S. national interest. Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to provide for U.S. payments for U.N. peacekeeping operations through 2012 at 27.2%.
(Sec. 7047)Prohibits specified funds from being used to send or otherwise pay for the attendance of more than 50 U.S.-stationed employees from a federal department or agency at any single conference outside the United States unless in the national interest.
(Sec. 7048)Prohibits funds under title I of this Act from being used to pay expenses for any U.S. delegation to any specialized U.N. agency, body, or commission that is presided over by a country that supports international terrorism.
(Sec. 7049)Withholds assistance to a foreign country in an amount equal to 110% of the total unpaid property tax and unpaid parking fines and penalties incurred from April 1, 1997-September 30, 2011, and owed by the country to the District of Columbia or New York City.
(Sec. 7050)Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes. Restricts military assistance for cluster munitions.
(Sec. 7051)Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. Makes specified funds available for USAID assistance to private and voluntary organizations engaged in facilitating public discussion of hunger and other related issues.
(Sec. 7052)Limits the amount of funds under title II of this Act that may be used for official USAID residence expenses.
(Sec. 7053)Allocates specified funds under title III of this Act for USAID to hire up to 175 persons per fiscal year on a limited appointment basis in the United States and abroad. Conditions such hirings upon an equivalent elimination of USAID nondirect-hire employees. Terminates such authority on September 30, 2013. Authorizes up to four-year extensions for limited-appointment Foreign Service personnel. Authorizes specified funds under title III of this Act for the costs of persons detailed to or employed by USAID to carry out natural or man-made disaster response programs. Authorizes specified funds under this Act to be used by USAID to employ up to 40 personal services contractors in the United States for new or expanded overseas programs until permanent personnel are hired. Limits to:
(1) 10 the number of such contractors that may be assigned to any bureau or office, and
(2) 15 the number of contractors available for USAID's Afghanistan or Pakistan programs Continues USAID authority to appoint into the Senior Foreign Service for programs in Iraq, Afghanistan, or Pakistan.
(Sec. 7054)Makes specified funds under titles III and IV of this Act available for global health activities including activities relating to research on, and the prevention and treatment of HIV/AIDS. Obligates specified funds under title III for family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species.
(Sec. 7055)Makes specified funds under title III of this Act available for grants to small nongovernmental organizations.
(Sec. 7056)States that programs funded under title III of this Act shall:
(1) include gender considerations in program implementation,
(2) be made for programs to enhance economic opportunities for poor women in developing countries,
(3) be made to increase political and governmental opportunities for women, and
(4) consider the needs of women in agriculture.
(Sec. 7057)Makes specified funds available for programs to address gender-based violence. Requires that programs funded under titles III and IV of this Act for training of foreign police, judicial, and military officials address gender-based violence and trafficking in persons.
(Sec. 7058)Makes specified funds under title III of this Act available for religious, ethnic, and political reconciliation programs, with a set-aside for Middle East programs.
(Sec. 7059)Prohibits funds under titles III through VI of this Act from being provided to a nongovernmental organization or contractor which fails to provide documents, files, or records for USAID auditing requirements.
(Sec. 7060)Prohibits funds under this Act from being used to support or justify the use of torture, cruel, or inhumane treatment by any U.S. official or contract employee.
(Sec. 7061)Makes certain military financing funds available for assistance to Rwanda or Uganda unless the Secretary has credible information that Rwanda or Uganda is providing support to armed groups in the Democratic Republic of the Congo that are involved in the illegal exportation of minerals or have violated human rights. Exempts from such restriction assistance to:
(1) prevent the illegal exportation of such minerals,
(2) protect humanitarian relief efforts,
(3) support the training of members of the Rwandan or Ugandan militaries in international peacekeeping operations. Urges that specified funds should be made available for the trans-Sahara counterterrorism partnership program and the partnership for regional East Africa counterterrorism program. Authorizes specified funds to be made available for unanticipated crises in Africa. Makes specified military education and training assistance for Angola, Cameroon, Central African Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe available only for training related to international peacekeeping operations and expanded military education and training. Prohibits such assistance from being made to Somalia and Equitorial Guinea. Prohibits certain military financing assistance from being made to Ethiopia unless the Secretary certifies to Congress that Ethiopia is:
(1) implementing policies to respect due process and freedom of expression, and
(2) permitting access to human rights and humanitarian organizations to the Somalia region of Ethiopia. Exempts from such restriction:
(1) Ethiopian military efforts in support of international peacekeeping operations, and
(2) assistance to the Ethiopian Defense Command and Staff College. Directs the Secretary of the Treasury to instruct U.S. executive directors of international financial institutions to vote against any financial support for Gambia, except to meet basic human needs, unless the Secretary certifies to Congress that Gambia is taking steps to release and account for political prisoners. States that specified military assistance for Kenya should not be made available unless an investigation of alleged crimes by Kenyan soldiers at Mount Elgon in March 2008 has been conducted. Prohibits funds under this Act from being made available for Sudan unless Sudan:
(1) has lifted the state of emergency in Darfur, is participating in a peace process for Darfur, and is permitting access for humanitarian assistance in Darfur; and
(2) has reached an agreement with the Republic of South Sudan regarding the status of Abyei and other issues related to implementation of the Comprehensive Peace Agreement (CPA). Prohibits funds under this Act from being used to modify loans and loan guarantees held by Sudan. Exempts from such prohibition:
(1) humanitarian assistance,
(2) assistance for Darfur and other marginalized areas in Sudan, and
(3) assistance to implement the CPA or to promote peace between Sudan and South Sudan. Authorizes assistance under this Act for South Sudan. Makes specified funds available to:
(1) improve physical access and telecommunications infrastructure in areas affected by the Lord's Resistance Army (LRA); and
(2) support the disarmament and reintegration of former LRA combatants, especially child soldiers. Reaffirms support for the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL). Authorizes the use of certain funds under this Act for assistance to the central government of a country in which individuals indicted by ICTR and SCSL are alleged to be living if the Secretary reports to Congress that such government is cooperating with ICTR and SCSL. Directs the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to vote against any loan extensions to the government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary reports to Congress that Zimbabwe has restored the rule of law. Prohibits funds under this Act from being made to the government of Zimbabwe, except for health, education, and macroeconomic growth assistance, unless the Secretary makes a specified determination.
(Sec. 7062)Directs the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans. Urges that specified funds should be made available to 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. Directs the Secretary of the Treasury to use U.S. influence in international financial institutions to oppose the extension of any financial assistance for Burma. Makes funds under this Act available for Burma, except that such funds shall not be made available to the State Peace and Development Council. States that such funds shall be made available for:
(1) programs along Burma's borders and for Burmese groups and organizations located outside Burma, and
(2) community-based organizations in Thailand to provide humanitarian assistance to internally displaced persons in eastern Burma. Makes funds under this Act for a U.S. contribution to a Khmer Rouge tribunal available only if the Secretary certifies to Congress that the United Nations (U.N.) and Cambodia are taking steps to address tribunal corruption and mismanagement. Withholds specified military funds for Indonesia until the Secretary submits a specified report to Congress. Prohibits:
(1) specified funds under this Act from being obligated or expended for export licenses of U.S. origin satellites (including commercial satellites and satellite components) to China without prior notice to Congress; and
(2) funds under this Act from being used to finance any grant, contract, or cooperative agreement with the People's Liberation Army or any affiliated entity. Makes funds available to U.S. institutions of higher education and nongovernmental organizations in China for democracy- or environment-related activities. Withholds specified military funds under this Act for the Philippines until the Secretary submits a specified report to Congress. Makes specified funds available for:
(1) environmental remediation and related health activities in Vietnam, and
(2) higher education scholarships in Timor-Leste.
(Sec. 7063)Prohibits, with a U.S. national interest waiver, specified funds from being made to a government of an Independent State of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union.
(Sec. 7064)Applies specified human-rights-based conditions on assistance to the governments of Kazakhstan and Uzbekistan to appropriations under this Act, except that the Secretary may waive such conditions for Uzbekistan for six-month periods through September 30, 2013, if in the U.S. national security interest and necessary to obtain access to and from Afghanistan.
(Sec. 7065)Withholds specified assistance for Afghanistan until the Secretary certifies to Congress that Afghanistan is taking steps to:
(1) reduce corruption and improve governance;
(2) protect the human rights of women;
(3) facilitate public participation in governance; and
(4) support national, provincial, or local government programs. Sets forth restrictions on direct government-to-government assistance to Afghanistan. Requires that specified funds for Afghanistan be made in a manner that emphasizes the participation of Afghan women. Obligates funds for rule of law programs. Directs the Special Inspector General for Afghanistan Reconstruction, the Inspector General of the Department, and the Inspector General of USAID to submit to Congress a coordinated audit and inspection plan of U.S. assistance for, and civilian operations in, Afghanistan. Makes specified funds for Nepal available only if the Secretary certifies to Congress that the Nepal army is:
(1) cooperating with investigations and prosecutions of violations of human rights by civilian judicial authorities, and
(2) working to implement certain reforms. Exempts from such restriction assistance for humanitarian relief and reconstruction activities in Nepal. Sets forth restrictions on direct government-to-government assistance to Pakistan. Withholds specified assistance for Pakistan until the Secretary certifies to Congress that Pakistan is:
(1) cooperating with the United States in counterterrorism efforts,
(2) issuing visas in a timely manner for U.S. visitors engaged in counterterrorism and assistance efforts, and
(3) providing humanitarian organizations access to detainees and internally displaced persons. Makes specified:
(1) military assistance to Pakistan available only to support counterterrorism and counterinsurgency capabilities in Pakistan; and
(2) economic assistance available for human rights, democracy, and government and security personnel training programs. Urges that specified economic assistance for Pakistan should be made available to:
(1) interdict precursor materials from Pakistan to Afghanistan that are used to manufacture IEDs, and
(2) encourage alternative fertilizer use among Pakistani farmers. Prohibits specified military assistance to be made, defense export licenses to be issued, and military equipment to be transferred to Sri Lanka unless the Secretary certifies to Congress that Sri Lanka is:
(1) investigating alleged war crimes and violations of humanitarian law by government forces and the Liberation Tigers of Tamil Eelam, and bringing to justice individuals guilty of such violations;
(2) cooperating with U.N. investigations;
(3) respecting due process, the rights of journalists, and the rights of citizens to peaceful expression and association;
(4) providing access to detainees by humanitarian organizations; and
(5) implementing reconciliation policies. Exempts from such restrictions assistance for humanitarian demining and aerial and maritime surveillance.
(Sec. 7066)Directs the President to submit to Congress a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund.
(Sec. 7067)Authorizes the transfer of certain funds under title III of this Act for OPIC.
(Sec. 7068)Prohibits funds under this Act (other than funds for narcotics control and law enforcement, refugee assistance, or antiterrorism activities) from being used to assist the government of a country with which the United States has diplomatic relations and an extradition treaty and refuses to extradite to the United States any individual charged with a criminal offense for which the maximum penalty is life imprisonment without parole, or for killing a law enforcement officer.
(Sec. 7069)Obligates funds under this Act for programs to:
(1) reduce greenhouse gases and support climate change adaptation; and
(2) protect forests, other critical landscapes, and biodiversity. Authorizes specified funds under this Act to be made available only to promote the sustainable use of renewable energy technologies and end-use energy efficiency technologies, carbon sequestration, and carbon accounting. Requires that funds under title III of this Act for tropical forests be used to protect biodiversity. Prohibits the use of such funds to expand industrial logging into primary tropical forests. Obligates specified funds for biodiversity conservation programs in the Brazilian Amazon, the Andean Amazon, and the Guatemala Mayan Biosphere Reserve. Makes funds available to support transparency and accountability of expenditures and revenues related to the extraction of natural resources. Authorizes FY2011 appropriations for a U.S. contribution to the Clean Technology Fund. Directs the Secretary of the Treasury to report to Congress describing for each international financial institution the assistance provided, by country, for the extraction and export of oil, gas, coal, timber, or other national resource in the preceding 12 months.
(Sec. 7070)Prohibits funds under this Act from being used to promote the sale or export of tobacco or tobacco products or to seek the removal of foreign restrictions on the marketing of such products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.
(Sec. 7071)Amends the Arms Export Control Act to authorize the provision of defense articles by commercial lease rather than by government-to-government sale to Egypt, NATO, and major non-NATO allies. (Under current law such authority is provided for Israel and Egypt.)
(Sec. 7072)Directs the Secretary to report to Congress describing the conditions in prisons and other detention facilities in at least 30 countries receiving U.S. assistance. Provides specified funds under this Act to eliminate inhumane conditions in foreign prisons and detention facilities.
(Sec. 7073)Authorizes the Secretary to withhold specified funds for a U.S. contribution to a U.N. organization or agency that is not taking adequate steps to increase transparency and accountability. Urges that 10% of specified funds should not be obligated until the Secretary reports to Congress that:
(1) the U.N. Secretariat and the governments of countries providing troops for peacekeeping missions have investigative and enforcement procedures regarding sexual abuse or other serious crimes by peacekeeping troops;
(2) U.N. agencies have whistle blower protections; and
(3) the United Nations Development Program is taking steps to make audit, oversight, and financial information publicly available. Urges the Secretary to suspend U.S. participation in the United Nations Human Rights Council (UNHRC) unless continued UNHRC participation is in the U.S. national interest. Directs the Secretary of the Treasury to:
(1) instruct the U.S. Executive Director of the International Monetary Fund (IMF) to ensure that any loan will be repaid to the IMF before other private creditors, and
(2) ensure that the IMF is implementing whistle blower best practices. Extends certain IMF transparency provisions to this Act. Prohibits:
(1) funds under titles III and IV of this Act from being made available to the central government of any country that does not meet minimum standards of fiscal transparency, as developed by the Secretary; and
(2) the U.S. entry of foreign government officials and their immediate family members who have been involved in significant corruption, including corruption related to the extraction of natural resources.
(Sec. 7074)Makes specified funds available for USAID programs for people with disabilities in developing countries.
(1) establishment in the Treasury of a Buying Power Maintenance, International Organizations Account; and
(2) related fund transfers.
(Sec. 7076)Prohibits funds under this Act from being used for first-class travel by employees of agencies funded under this Act in contravention of the Federal Travel Regulation System.
(Sec. 7077)Amends the the Millennium Challenge Act of 2003 to authorize the Millennium Challenge Compact, upon approval by the Board of Directors, to:
(1) enter into separate concurrent compacts with partner countries, and
(2) extend the duration of a five-year compact term for two additional years.
(Sec. 7078)Authorizes the Inspector General of USAID and the Inspector General of the Department to waive specified provisions to employ annuitants.
(Sec. 7079)Directs the Secretary to implement necessary steps, including hiring consular officers, in China, Brazil, and India to reduce the wait time for visa interviews. Authorizes the Secretary to develop, subject to security concerns, a pilot program for processing tourist and business visitor visas using secure remote videoconferencing technology to conduct visa interviews.
(Sec. 7080)Authorizes the establishment of a USAID Working Capital Fund.
(Sec. 7081)Authorizes USAID to award contracts in which competition is limited to local entities if doing so would result in cost savings, develop local capacity, and appreciably save time.
(Sec. 7082)Requires each department, agency, or organization funded under titles I and II of this Act, and the Department of the Treasury and independent agencies funded in title III of this Act to submit to Congress an operating plan for funds appropriated or otherwise available for obligation in FY2012.
(Sec. 7083)Amends the Bretton Woods Agreements Act to authorize the United States Governor of the International Bank for Reconstruction and Development Bank to:
(1) accept a certain amendment to the Bank's Articles of Agreement enhancing the participation of developing and transition countries, and
(2) vote in favor of increasing the Bank's capital stock. Amends the The International Finance Corporation Act to authorize the United States Governor of the International Finance Corporation to vote in favor of increasing the Corporation's capital stock. Amends the Inter-American Development Bank Act to authorize the United States Governor of the Inter-American Development Bank to vote in favor of increasing the Bank's capital stock (ninth capital increase). Amends the African Development Bank Act to authorize the United States Governor of the African Development Bank to subscribe to additional shares of the Bank's capital stock (sixth capital increase). Amends the European Bank for Reconstruction and Development Act to authorize the United States Governor of the European Bank for Reconstruction and Development to subscribe to additional callable shares of the Bank's capital stock.
(Sec. 7084)Amends the The International Development Association Act to authorize:
(1) The United States Governor of the International Development Association to contribute to the sixteenth replenishment of the Association, and
(2) the Secretary of the Treasury to contribute to the Association for certain debt relief. Authorizes appropriations. Amends the African Development Fund Act to authorize:
(1) the United States Governor of the African Development Fund to contribute to the twelfth replenishment of the Fund, and
(2) the Secretary of the Treasury to contribute to the Fund for certain debt relief. Authorizes appropriations.
(Sec. 7085)Authorizes specified funds to be made available for the Fund for Special Operations of the Inter-American Development Bank for debt relief to Haiti.
(Sec. 7086)States that in determining assistance eligibility under part I of the Foreign Assistance Act of 1961 foreign nongovernmental organizations shall not be:
(1) ineligible for assistance solely on the basis of health or medical services provided with non-U.S. government funds if such services do not violate the laws of the country in which they are being provided and would not violate U.S. law if provided in the United States, and
(2) subject to requirements relating to the use of non-U.S. government funds for advocacy and lobbying activities other than those that apply to U.S. nongovernmental organizations receiving assistance under such part.
(Sec. 7087)Rescinds specified funds making appropriations for the Department, foreign operations, and related programs. Title VIII: Overseas Contingency Operations - Appropriates additional funds to the Department for:
(1) administration and diplomatic and consular programs;
(2) the Office of Inspector General;
(3) international peacekeeping activities;
(4) the United States Institute of Peace;
(5) international narcotics control and law enforcement; and
(6) nonproliferation, anti-terrorism, demining and related programs. Appropriates additional funds to USAID for:
(1) operating expenses, and
(2) the Office of Inspector General. Appropriates additional funds for bilateral assistance for:
(1) international disaster assistance,
(2) transition initiatives,
(3) the Complex Crisis Fund,
(4) the Economic Support Fund, and
(5) migration and refugee assistance. Appropriates additional funds to the President for:
(1) the foreign military financing program, and
(2) counterinsurgency assistance for Pakistan. Establishes in the Treasury the Global Security Contingency Fund.
(Sec. 8001)States that Overseas Contingency Operations funds:
(1) are in addition to amounts available to the Department for FY2012, and
(2) shall be available under the authorities and conditions applicable to the appropriations accounts to which they are appropriated.
(Sec. 8003)Authorizes the transfer of specified funds under this title.
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S.1601 Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012
November 07, 2011
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