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112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-494
======================================================================
STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS BILL,
2013
_______
May 25, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Ms. Granger, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5857]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Department of State, foreign operations,
and related programs, for the fiscal year ending September 30,
2013, and for other purposes.
INDEX TO BILL AND REPORT
Page number
Bill Report
Summary of the Bill........................................
4
Committee Recommendations..................................
4
Title I--Department of State and Related Agency:
Department of State: 2
6
Administration of Foreign Affairs.................. 2
6
Diplomatic and Consular Programs................... 2
7
Capital Investment Fund............................ 6
12
Office of Inspector General........................ 7
12
Educational and Cultural Exchange Programs......... 7
13
Representation Allowances.......................... 7
14
Protection of Foreign Missions and Officials....... 7
14
Embassy Security, Construction, and Maintenance.... 8
15
Emergencies in the Diplomatic and Consular Service. 9
16
Repatriation Loans Program Account................. 9
17
Payment to the American Institute in Taiwan........ 9
17
Payment to the Foreign Service Retirement and
Disability Fund................................ 10
17
International Organizations:
Contributions to International Organizations....... 10
18
Contributions for International Peacekeeping
Activities..................................... 11
20
International Commissions:
International Boundary and Water Commission, United
States and Mexico.............................. 14
22
American Sections, International Commissions....... 14
22
International Fisheries Commissions................ 15
23
Related Agency..................................... 15
23
Broadcasting Board of Governors............ 15
23
Related Programs................................... 17
25
The Asia Foundation........................ 17
25
United States Institute of Peace........... 18
26
Center for Middle Eastern-Western Dialogue
Trust Fund............................. 18
26
Eisenhower Exchange Fellowship Program..... 18
26
Israeli Arab Scholarship Program........... 19
27
East-West Center...........................
27
National Endowment for Democracy........... 19
27
Other Commissions.................................. 20
28
Commission for the Preservation of
America's Heritage Abroad.............. 20
28
United States Commission on International
Religious Freedom...................... 20
28
Commission on Security and Cooperation in
Europe................................. 20
29
Congressional-Executive Commission on the
People's Republic of China............. 21
29
United States-China Economic and Security
Review Commission...................... 21
30
Title II--United States Agency for International
Development:
Funds Appropriated to the President................ 22
30
Operating Expenses......................... 22
30
Capital Investment Fund.................... 24
33
Office of Inspector General................ 24
33
Title III--Bilateral Economic Assistance:
Global Health Programs............................. 25
33
Development Assistance............................. 30
38
International Disaster Assistance.................. 31
42
Transition Initiatives............................. 31
43
Complex Crises Fund................................
44
Development Credit Authority....................... 32
44
Economic Support Fund.............................. 34
44
Democracy Fund..................................... 35
51
Department of State................................ 36
52
Migration and Refugee Assistance........... 36
52
United States Emergency Refugee and
Migration Assistance Fund.............. 36
54
Independent Agencies............................... 37
55
Peace Corps................................ 37
55
Millennium Challenge Corporation........... 38
55
Inter-American Foundation.................. 40
57
African Development Foundation............. 41
57
Department of the Treasury......................... 42
57
International Affairs Technical Assistance. 42
57
Debt Restructuring......................... 42
58
Title IV--International Security Assistance:
Department of State................................ 42
58
International Narcotics Control and Law
Enforcement............................ 42
58
Nonproliferation, Anti-Terrorism, Demining
and Related Programs................... 44
63
Peacekeeping Operations.................... 45
64
Funds Appropriated to the President................ 46
65
International Military Education and
Training............................... 46
65
Foreign Military Financing Program......... 47
66
Title V--Multilateral Assistance:
Funds Appropriated to the President................ 51
69
International Organizations and Programs... 51
69
International Financial Institutions............... 52
70
Global Environment Facility................ 52
72
Contribution to the International
Development Association................ 52
72
Contribution to International Bank for
Reconstruction and Development......... 52
72
Contribution to the Clean Technology Fund..
72
Contribution to the Strategic Climate Fund.
73
Global Agriculture and Food Security
Program................................ 53
73
Contribution to the Inter-American
Development Bank....................... 53
73
Contribution to the Asian Development Fund. 54
73
Contribution to the Asian Development Bank. 53
73
Contribution to the African Development
Fund................................... 54
74
Contribution to the African Development
Bank................................... 54
74
Contribution to the International Fund for
Agricultural Development............... 55
74
Title VI--Export and Investment Assistance:
Export-Import Bank of the United States............ 55
75
Overseas Private Investment Corporation............ 59
76
Trade and Development Agency....................... 61
77
Title VII--General Provisions: 61
77
Title VIII--Overseas Contingency Operations/Global War on
Terrorism:
Department of State:
Administration of Foreign Affairs.................. 202
82
Diplomatic and Consular Programs........... 202
82
Conflict Stabilization Operations.......... 203
83
Office of the Inspector General............ 204
83
Embassy Security, Construction, and
Maintenance............................ 204
84
International Organizations........................ 204
84
Contributions to International
Organizations.......................... 204
84
United States Agency for International Development:
Funds Appropriated to the President................ 205
84
Operating Expenses......................... 205
84
Bilateral Economic Assistance...................... 205
85
Funds Appropriated to the President................ 205
85
International Disaster Assistance.......... 205
85
Transition Initiatives..................... 206
85
Economic Support Fund...................... 206
85
Department of State........................ 207
88
Migration and Refugee Assistance........... 207
88
International Security Assistance.......... 207
88
Department of State........................ 207
88
International Narcotics Control and Law
Enforcement............................ 207
88
Nonproliferation, Anti-Terrorism, Demining
and Related Programs................... 207
89
Funds Appropriated to the President................ 208
89
Foreign Military Financing Program......... 208
89
Pakistan Counterinsurgency Capability Fund.
90
General Provisions................................. 208
90
Title IX--Additional General Provision:
Spending Reduction Account......................... 210
91
House of Representatives Reporting Requirements....
91
OVERVIEW
The Committee recommendation for the fiscal year 2013
budget for activities under the jurisdiction of the
Subcommittee on State, Foreign Operations, and Related Programs
is $40,132,000,000 in new discretionary budget authority, which
is $2,008,000,000, or five percent, below the fiscal year 2012
enacted level and $6,337,257,000, or fourteen percent, below
the fiscal year 2013 request. In addition, the recommendation
includes $8,244,517,000 in title VIII to support Overseas
Contingency Operations/Global War on Terrorism (OCO/GWOT),
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, which is $2,958,270,000
below the fiscal year 2012 enacted level and the same as the
fiscal year 2013 request. The Committee notes that the total
amount provided in this bill, including funds designated as
OCO/GWOT, decreases by nine percent from the fiscal year 2012
enacted level.
The Committee recognizes that the economic prosperity and
national security of the United States are paramount, and the
programs prioritized by the Committee reflect this reality. The
Committee recommendation yields savings by cutting lower-
priority funding, and enhances oversight and transparency
measures put in place in the fiscal year 2012 Act. The
Committee recommendation, as detailed in the bill and
accompanying report, supports the following: (1) national
security programs; (2) humanitarian programs; (3) programs that
promote democratic principles; and (4) oversight and management
reforms.
National Security Programs
The Committee remains focused on supporting programs that
are critical to the national security of the United States.
This commitment is clearly demonstrated by the unwavering
support for Israel, reflected by full funding for the United
States-Israel Memorandum of Understanding. The Committee
recommendation also includes continued support for other
critical allies, such as Jordan, and makes additional
assistance available to help Jordan address needs that have
arisen as a result of unrest in neighboring countries.
Additionally, to address the immediate security needs in
this hemisphere, the Committee recommendation restores
reductions proposed in the request for key countries in Latin
America. The Committee believes it is critical to continue
robust support for counternarcotics and law enforcement
efforts, as well as assistance for rule of law and judicial
reform activities in Mexico, Colombia, Central America, and the
Caribbean to fight drug trafficking and violent crime before it
reaches the borders of the United States. The security and
stability of these neighbors directly affects the United
States.
The Committee understands the importance of United States
assistance to secure and stabilize the front-line states of
Afghanistan, Pakistan, and Iraq. The Committee notes that in
spite of a lower funding allocation, these countries remain a
priority, and the Committee provides the necessary funding to
meet the critical objectives that are closely connected to
military efforts. The Committee is committed to applying the
lessons learned from the transition in Iraq to the upcoming
transition in Afghanistan and includes a new certification
requirement to ensure that funds are spent wisely, necessary
agreements with the host government are in place, and security
concerns are addressed.
Humanitarian Programs
The Committee notes that foreign assistance is an essential
means for advancing foreign policy and national security
objectives and that such assistance also reflects the values,
generosity, and goodwill of the people of the United States.
The Committee believes that even during these very difficult
economic times at home, the most vulnerable populations around
the world, those who are affected by disease, hunger, and
displacement due to conflict and natural disasters, cannot be
overlooked. The Committee notes that these conditions can
threaten and destabilize countries and governments, and could
undermine our national security.
For this reason, the Committee restores some of the cuts
proposed in the request to Global Health Programs and maintains
the fiscal year 2012 enacted levels for Development Assistance
and the Millennium Challenge Corporation. Because the Committee
has moved away from providing supplemental appropriations, the
recommendation provides refugee and disaster assistance at a
level commensurate with the five-year average appropriation.
Programs that Support Democratic Principles
The Committee notes that during this time of unprecedented
political change in many countries around the world, American
leadership is critical and support for democracy promotion is
of the utmost importance. For this reason, the bill designates
not less than the requested level for the promotion of
democracy and provides the fiscal year 2012 operating level for
public diplomacy efforts of the Department of State and the
Broadcasting Board of Governors, including Voice of America.
The Committee is concerned about the harassment and
persecution faced by civil society around the world, and
includes a prohibition on funds going directly to any foreign
government that interferes with such operations. The Committee
further expects the Department of State and the United States
Agency for International Development (USAID) to support the
role of civil society in democracy and governance strategies in
order to hold governments accountable, spur democratic change
including through free and fair elections, and improve the
effectiveness of government institutions. The Committee
includes new language prohibiting funds from being provided
directly to any foreign government unless that government is
sincerely committed to democratic principles and reform.
The Committee includes a new requirement that the Secretary
of State submit a report on how United States assistance for
democracy promotion complies with the provision in the bill
prohibiting prior approval by foreign governments for
democracy, human rights, and governance assistance. The
Committee further directs the Administrator of USAID, in
consultation with relevant United States Government agencies,
to submit a report to the Committees on Appropriations, not
later than 180 days after enactment of this Act, clarifying the
roles and responsibilities of contractors and grantees in the
promotion of democracy abroad, particularly in the area of
political development.
OVERSIGHT AND MANAGEMENT REFORMS
The Committee takes seriously its responsibility to conduct
proper oversight, and during calendar year 2012, the
Subcommittee on State, Foreign Operations, and Related Programs
held nine hearings and member briefings to further examine the
proposals included in the budget request in order to remove
redundant or inefficient programs, address vulnerabilities for
fraud and corruption, and improve transparency of assistance
programs. In addition to receiving testimony and responses from
Administration officials, the Committee also received written
testimony from the public. Additionally, the Surveys and
Investigations (S&I;) staff of the Committee began three
reviews, and S&I; continues to provide updates on studies
previously conducted.
Proper management of taxpayer dollars must be a paramount
focus of all Government agencies, and this is particularly
important for the Department of State, USAID, and other
agencies charged with advancing the interests of the United
States around the world. Waste, fraud, and abuse in the
programs funded in this bill will not be tolerated. Reflecting
its commitment to oversight and management reforms, the
Committee has maintained and strengthened provisions contained
in the fiscal year 2012 bill on multi-year commitments, direct
Government-to-Government assistance, the United Nations, and
contributions to international financial institutions.
The Committee terminates ten accounts and rescinds old and
lower-priority funds for a savings of $159,700,000. The bill
again includes a separate OCO/GWOT title to fund critical
programs such as security assistance for Iraq and the special
inspector general for reconstruction in Afghanistan. This bill
maintains the pledge to ensure that these temporary and
extraordinary costs are on a glide path downward by reducing
OCO/GWOT appropriations by twenty-six percent below fiscal year
2012 enacted level.
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
The Committee recommendation for Administration of Foreign
Affairs provides funds for the broad range of activities
necessary to support the operations and activities of more than
260 posts in over 180 countries. The Committee recommends a
total of $8,733,797,000 for the Department of State's
Administration of Foreign Affairs activities, which is
$283,689,000 below the fiscal year 2012 enacted level and
$1,013,979,000 below the request. Of the total amount provided,
$8,574,897,000 is derived from general-purpose discretionary
funds and $158,900,000 is mandatory spending.
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Fiscal year 2012 enacted level\1\..................... $6,550,947,000
Fiscal year 2013 request.............................. 7,068,619,000
Committee recommendation.............................. 6,276,051,000
Change from request............................... -792,568,000
Change from enacted level......................... -274,896,000
\1\In addition, the fiscal year 2012 enacted level, the fiscal year 2013
request, and the Committee recommendation include funds under this
heading in title VIII designated Overseas Contingency Operations/
Global War on Terrorism (OCO/GWOT) pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985.
The Committee recommendation includes $6,276,051,000 for
Diplomatic and Consular Programs, including up to
$1,279,267,000 for Worldwide Security Protection (WSP).
Additional funds are provided under title VIII for OCO/GWOT.
The Committee recommendation is $274,896,000 below the
fiscal year 2012 enacted level and $792,568,000 below the
request. Within this total, the recommendation includes up to
$1,279,267,000 for Worldwide Security Protection, which is
$75,733,000 below the fiscal year 2012 enacted level and
$149,201,000 below the request and is available until expended.
The Committee recommendation includes not less than
$469,386,000 for public diplomacy. The Committee continues to
strongly support public diplomacy at the Department of State
and expects the Secretary to include projected funding for
public diplomacy in the operating plan for fiscal year 2013
required by section 7076 of the bill including projected
spending in both Human Resources and Overseas Programs
categories.
The Committee recommendation does not include the funds
requested for hiring new staff above attrition in fiscal year
2013.
The Committee recommendation also does not include the
requested extension of authority for Foreign Service overseas
comparability pay adjustments. The authority to grant overseas
comparability pay is a matter within the jurisdiction of the
authorization committee and should be considered in the context
of legislation addressing the authorities and compensation
rules governing the Foreign Service.
Funds made available under this heading are allocated in
the following manner:
Human resources.--The Committee recommendation includes
$2,318,106,000 for human resources, of which $216,963,000 is
for Worldwide Security Protection. Funds in this category
support American salaries at overseas and domestic United
States diplomatic missions.
Overseas programs.--The Committee recommendation includes
$1,898,176,000 for overseas programs, which supports the
operational programs of regional bureaus of the Department of
State. Funds support the operations of United States embassies,
consulates, and other diplomatic posts worldwide.
Diplomatic policy and support.--The Committee
recommendation includes $861,188,000 for the operational
programs and management offices of the functional bureaus of
the Department of State.
Security programs.--The Committee recommendation includes
$1,198,581,000 for security programs, of which $1,062,304,000
is for Worldwide Security Protection. Funds support the
personnel, equipment and training necessary for the protection
of diplomatic personnel, overseas diplomatic missions,
residences, and domestic facilities and information.
Fees and Transfers
The Committee recommendation also includes language carried
in prior years and requested for fiscal year 2013, which: (1)
permits not to exceed $10,000,000 to be transferred to
Emergencies in the Diplomatic and Consular Service for
emergency evacuations and terrorism rewards; (2) provides
$1,806,600 in fees collected from other Executive Branch
agencies and $520,150 from reserves for use of facilities at
the International Center Complex, as authorized by law and for
development, maintenance, and security of additional properties
for the use as an International Center by foreign governments
or international organizations; (3) provides not to exceed
$15,000 from reimbursements, surcharges, and fees for use of
Blair House facilities in accordance with the State Department
Basic Authorities Act of 1956; and (4) makes not to exceed
$5,000,000 in fee collections available until expended for
various activities.
International Center, Washington, D.C.--The Committee
recommendation does not include a separate appropriation
account for the International Center, as proposed in the fiscal
year 2013 budget request. Instead, the recommendation continues
prior year language under this heading related to the
collection of fees from other executive agencies and funds
derived from the reserve authorized by section 5 of the
International Center Act. The Committee recommendation does not
include the funds requested for the development of the former
Walter Reed Army Medical Center property at this time. The
Committee understands that the Department of State has
commissioned a study of the Walter Reed property that will not
be completed until later this year. The Committee urges the
Department of State to work with the committees of jurisdiction
to amend the International Center Act to authorize any proposed
expansion.
Border Security Program
In addition to the funds appropriated under this heading,
an estimated $1,976,337,000 will become available through
authorized fees and surcharges for the Department's Border
Security program, of which $1,366,956,000 is from the
collection of Machine Readable Visa (MRV) fees, $48,961,000 is
from the collection of Fraud Prevention fees, and $560,420,000
is from collection of Enhanced Border Security Program fees.
The Committee recommendation does not include the requested
extension of the Western Hemisphere Travel Initiative (WHTI)
surcharge authority. The Committee understands that the
extension of this authority is under consideration by the
authorization committee of jurisdiction. If enacted, the WHTI
surcharge will make available an additional $301,560,000 for
the Border Security program. This would bring the total amount
for the program to $2,277,897,000, an increase of $36,914,000
above the projected fiscal year 2012 level, to address workload
increases in the passport and visa program and the proposed
security enhancements.
Visa processing.--The Committee supports the proposed
expansion of visa processing capacity at high-volume posts,
such as Brazil and the People's Republic of China. The
Committee notes that section 7076 of division I of Public Law
112-74 included language permitting the Secretary of State to
develop and conduct a pilot program for the processing of B-1
and B-2 visas using secure remote videoconferencing technology
as a method for conducting visa interviews of applicants. The
Committee directs the Secretary of State to submit a report to
the Committees on Appropriations, not later than 60 days after
enactment of this Act, on the status of a pilot program, the
design, and projected completion date. In the event a
determination has been made not to conduct a videoconferencing
pilot program, the report should provide the reasons for such
determination.
Worldwide Security Protection
The Committee recommendation includes $1,279,267,000 for
Worldwide Security Protection (WSP) within the funds
appropriated under this heading in this title, which is
$75,733,000 below the fiscal year 2012 enacted level and
$149,201,000 below the request. Additional funds are provided
under title VIII for the WSP costs in Afghanistan and Pakistan.
The WSP program provides the core funding for the
protection of life, property, and information of the Department
of State. WSP funding supports a worldwide guard force
protecting overseas diplomatic missions, residences, and
domestic facilities. More than 1,700 diplomatic security
personnel are deployed worldwide to protect United States
Government staff and facilities. In addition, the WSP program
appropriation supports the protection of national security
information and the integrity of the Department of State's
network of information systems.
Other Matters
Afghanistan, Pakistan, and Iraq operations.--The Committee
recommendation includes a total of $2,774,968,000 under this
heading in titles I and VIII of this Act for diplomatic and
security operations in the front-line states of Afghanistan,
Pakistan, and Iraq. The recommendation takes into account the
revised requirements for operations in Iraq that resulted from
the Department of State's initial review of the program in
early 2012. The Committee understands that the Department of
State is continuing to review the diplomatic and operational
presence in the frontline states of Afghanistan, Pakistan and
Iraq. The Committee expects these reviews to yield a smaller,
more streamlined, operational footprint than was originally
planned in the fiscal year 2013 budget.
The Committee does not support the requested increase in
staffing in the frontline states, other than the increases
necessary to provide security for diplomatic and development
personnel.
Ambassador's Fund for Cultural Preservation.--The Committee
recommendation does not include funding for the Ambassador's
Fund for Cultural Preservation. Furthermore, section 7077
rescinds $5,700,000 from unobligated funds appropriated under
this heading in division I of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(Public Law 112-74). Given the extremely difficult economic
realities facing our country, the Committee does not believe
that dedicating funds to these activities is justified.
American Institute in Taiwan.--The Committee recommendation
includes authority for the Secretary of State to transfer up to
$15,300,000 of the funds appropriated under this heading to
funds appropriated under the heading Payment to the American
Institute in Taiwan. The transfer of these funds will be needed
to offset the loss of non-immigrant visa fee revenue in the
event that Taiwan qualifies as a Visa Waiver Program country in
fiscal year 2013.
Bureau of Democracy, Human Rights and Labor (DRL).--The
Committee recommendation includes the requested level for
fiscal year 2013 for DRL.
The Committee encourages DRL to continue its efforts to
combat human trafficking and exploitative labor practices
overseas.
Bureau of Energy Resources.--The Committee recommendation
does not include the $5,400,000 and 22 new positions proposed
in the fiscal year 2013 budget request for the Bureau of Energy
Resources.
Conflict Stabilization Operations (CSO).--The Committee
recommendation continues the authority provided in fiscal year
2012 for the Secretary of State to transfer up to $35,000,000
of the funds appropriated under this heading to CSO. Additional
funds are provided under title VIII.
Export Control.--The Committee expects the Secretary of
State to consult with the Committees on Appropriations on the
Export Control Reform initiative.
Increasing diversity of the Foreign Service.--The Committee
supports ongoing partnerships between the Department of State
and community colleges and universities that focus on
recruiting and preparing students from institutions with large
minority populations for positions in the United States Foreign
Service. The Committee directs that funding for these
partnerships be done on a competitive basis and that the
operating plan required by section 7076 of the bill include
amounts planned to support the partnerships in fiscal year
2013.
Mass atrocities prevention.--The Committee notes the
Department of State's efforts to train relevant personnel in
genocide and mass atrocities prevention and directs the
Department of State to consult with the Committees on
Appropriations on progress in implementing this training.
Mexico.--The Committee recognizes a need for greater
economic engagement between the United States and Mexico and
urges the Department of State to explore new opportunities in
this area, including engagement with private sector Chief
Executive Officers and business leaders in both countries, in
order to enhance dialogue and cooperative efforts to improve
economic growth, increase global market competitiveness,
improve United States-Mexico trade and investment, create jobs,
and raise living standards for citizens of both countries,
within a framework that fully respects and supports national
sovereignty and interests.
Office to Monitor and Combat Trafficking in Persons
(TIP).--The Committee recommendation includes not less than the
requested amount for TIP and urges the Secretary of State to
post the National Human Trafficking Resource Center hotline and
website information in all appropriate United States diplomatic
and consular facilities where visas are processed.
Opportunities for Domestic Manufacturers.--The Committee
directs the Department of State, in consultation with the
Administrator of the USAID, to provide a report to the
Committees on Appropriations on manufactured products purchased
by each agency, or which are purchased on the agency's behalf,
on a regular basis and are not currently manufactured in the
United States. An interim report is required no later than 180
days after the date of enactment of this Act, with a final
report due no later than 365 days after the date of enactment
of this Act. The final report shall also be shared with the
President's Manufacturing Council and the Administrator of the
Manufacturing Extension Partnership.
Victims of terrorism compensation.--The Committee notes
that the Department of State, Foreign Operations and Related
Programs Appropriations Act, 2008 (division J of Public Law
110-161) included $4,000,000 under this heading for
compensation of the families of Foreign Service members killed
in terrorist bombings of the United States embassies in
Nairobi, Kenya, and Dar Es Salaam, Tanzania, on August 7, 1998.
The language of the 2008 Act also withheld the funds from
obligation until enactment of subsequent authorizing
legislation establishing the eligibility criteria and payment
amounts. Despite several bills passing the House of
Representatives authorizing such payments, no bill has been
enacted into law and the $4,000,000 remains unobligated. The
Committee again urges the Secretary of State to forward to
Congress a legislative proposal providing for appropriate
compensation to Department of State employees killed in
terrorist attacks since 1998 and recommends expeditious
consideration of such legislation by the committees of
jurisdiction. The Committee directs that, if authorized during
fiscal year 2013, up to $11,200,000 of the funds appropriated
under this heading in this Act and prior acts should be made
available for such compensation.
Western Hemisphere Affairs.--The Committee is aware of
steps taken by the Bureau of Western Hemisphere Affairs to
promote stable democracies throughout the region through racial
and ethnic equality initiatives, including coordinating and
implementing the joint action plans developed with the
governments of Colombia and Brazil. The Committee
recommendation includes funds to support these initiatives
during fiscal year 2013, including the continued implementation
of the Brazil and Colombia joint action plans on racial
equality.
The Committee understands that the Department of State is
working to expand educational linkages and partnerships with
governments in the Western Hemisphere region, with the goal of
increasing higher education exchanges between the United States
and Latin America and the Caribbean. The Committee urges the
Secretary of State to work to provide opportunities to students
of disadvantaged backgrounds or historically underserved
populations to participate in the exchange expansion
initiative. The Committee also encourages the Department of
State to secure both private and public sector partners to
support the participation of economically disadvantaged
students.
Western Sahara.--The Committee is concerned about the
growing acts of violence and terrorism in the Sahel region in
North Africa and the rising influence of Al Qaeda across North
Africa. Additionally, Al Qaeda's growing ties with members of
the Polisario, residents of the Tindouf camps, and other
militants in the region highlight the importance of redoubling
diplomatic efforts to resolve the longstanding dispute over the
Western Sahara, which can lessen the political unrest and
economic crises that resulted from the conflict and the
resolution of the protracted refugee situation in Algeria. The
Committee recommends the Secretary of State treat as a more
urgent priority a negotiated settlement to the dispute, based
on autonomy under Moroccan sovereignty and work with the
parties of the conflict, the United Nations High Commissioner
for Refugees (UNHCR), and other relevant international partners
to reach a durable solution, including a census, refugee
resettlement, and/or voluntary repatriation.
CAPITAL INVESTMENT FUND
Fiscal year 2012 enacted level........................ $59,380,000
Fiscal year 2013 request.............................. 83,300,000
Committee recommendation.............................. 59,380,000
Change from request............................... -23,920,000
Change from enacted level......................... 0
The Committee recommendation includes $59,380,000 for
Capital Investment Fund, which is the same as the fiscal year
2012 enacted level and $23,920,000 below the request. These
funds are in addition to an estimated $156,000,000 in expedited
passport fees, which will be used to support the information
technology modernization effort, for a total of $215,380,000 in
fiscal year 2013 for support of the Department of State's
Information Technology Strategic Plan of the Department of
State.
OFFICE OF INSPECTOR GENERAL
Fiscal year 2012 enacted level\1\..................... $61,904,000
Fiscal year 2013 request.............................. 65,622,000
Committee recommendation.............................. 60,154,000
Change from request............................... -5,468,000
Change from enacted level......................... -1,750,000
\1\In addition, the fiscal year 2012 enacted level, the fiscal year 2013
request, and the Committee recommendation include funds under this
heading in title VIII designated OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
The Committee recommendation includes $60,154,000 under
this heading for support of the oversight personnel and
activities of the Office of Inspector General (OIG) at the
Department of State. Additional funds are provided under title
VIII for OCO/GWOT.
The Committee recommendation deletes language carried in
prior years waiving the statutory requirement that all posts be
inspected every five years. The Committee understands that this
statutory language is under consideration by the authorizing
committee of jurisdiction.
The funds appropriated will support the audits,
investigations, and inspections of worldwide operations and
programs of the Department of State and Broadcasting Board of
Governors. The Committee urges the OIG to continue the
coordination of audit plans and activities involving Department
of State operations and programs in Afghanistan and in Iraq
with the Special Inspector General for Afghanistan
Reconstruction (SIGAR) and the Special Inspector General for
Iraq Reconstruction (SIGIR), as long as appropriate, to both
ensure the development of comprehensive oversight plans and to
avoid duplication and overlap.
The Committee directs the OIG to coordinate with the SIGIR
as the SIGIR transitions out of its role in Iraq to ensure that
the necessary audit and investigation activities are continued
into fiscal year 2013 and beyond.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
Fiscal year 2012 enacted level\1\..................... $583,200,000
Fiscal year 2013 request.............................. 586,957,000
Committee recommendation.............................. 586,957,000
Change from request............................... 0
Change from enacted level......................... +3,757,000
\1\In addition, the fiscal year 2012 enacted level includes funds under
this heading in title VIII designated OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
The Committee recommendation includes $586,957,000 for
Educational and Cultural Exchange Programs, which is $3,757,000
above the fiscal year 2012 enacted level and the same as the
request.
Funding provided under this heading supports international
educational, professional, and cultural exchange programs,
including the Fulbright student and scholar exchanges, Citizen
Exchanges and the International Visitors Program, as well as
related staff and administrative costs.
Within the funds appropriated under this heading, the
recommendation includes: $328,461,000 for academic programs;
$193,842,000 for professional and cultural exchanges, including
not less than the request for the International Visitor
Leadership Program and the Citizen Exchange Programs;
$59,600,000 for exchanges support; and $5,054,000 for program
evaluation. Section 7076 of the bill includes a requirement
that the Secretary of State submit to the Committees on
Appropriations an operating plan for funds appropriated in
titles I and II of this Act. The Committee expects that such
plan will include the distribution of unobligated balances and
recoveries, as well as any transfers to this account from other
accounts in fiscal year 2013.
Special academic, professional and cultural exchange
programs.--The Committee recommendation does not specify
amounts for special academic, professional and cultural
exchange programs, as was the practice in prior years. The
Committee encourages the Secretary of State to continue support
of these programs where consistent with strategic priorities,
including Tibetan exchanges and fellowships, the Benjamin A.
Gilman International Scholarship Program, the Mike Mansfield
Fellowship Program, and the George Mitchell Fellowship Program.
The Committee expects that funds for special exchange programs
will be awarded on a competitive basis and the planned levels
for each will be included in the fiscal year 2013 operating
plan.
Other exchanges.--The Committee also encourages the
Department of State to continue, on a competitive basis,
exchange programs targeting high priority areas and grounds,
including the Future Leaders Exchange programs, critical
language programs, and programs providing overseas training in
strategic languages for Americans.
Western Hemisphere.--The Committee encourages the
Department of State to expand support of educational and
cultural exchange programs with countries in Latin and Central
America and increase opportunities in the region for students
from disadvantaged backgrounds or historically underserved
populations to participate.
Fee limitation.--The Committee recommendation includes a
limitation of not to exceed $5,000,000 on the use of fees or
other payments received from or in connection with English
teaching, educational advising and counseling, and exchange
visitor programs as authorized by law. This is the same as the
fiscal year 2012 enacted level and the request.
REPRESENTATION ALLOWANCES
Fiscal year 2012 enacted level........................ $7,300,000
Fiscal year 2013 request.............................. 7,484,000
Committee recommendation.............................. 7,300,000
Change from request............................... -184,000
Change from enacted level......................... 0
The Committee recommendation includes $7,300,000 for
Representation Allowances authorized by section 905 of the
Foreign Service Act of 1980, which is the same as the fiscal
year 2012 enacted level and $184,000 below the request. These
funds are used to reimburse Foreign Service Officers for
expenditures incurred in their official capacities abroad in
establishing and maintaining relations with officials of
foreign governments and appropriate members of local
communities. The Department of State is directed to continue
the submission of a semi-annual report to the Committees on
Appropriations containing detailed information on the allotment
and expenditure of this appropriation.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
Fiscal year 2012 enacted level........................ $27,000,000
Fiscal year 2013 request.............................. 28,200,000
Committee recommendation.............................. 27,000,000
Change from request............................... -1,200,000
Change from enacted level......................... 0
The Committee recommendation includes $27,000,000 for
Protection of Foreign Missions and Officials (PFMO), which is
the same as the fiscal year 2012 enacted level and $1,200,000
below the request.
Funds provided under the PFMO heading are used to reimburse
local governments and communities for the extraordinary costs
incurred in providing protection for international
organizations, foreign missions and officials, and foreign
dignitaries under certain circumstances. To be eligible for
reimbursement under the regular program, the costs must be
incurred in a city with 20 or more consular or diplomatic
missions staffed by accredited personnel and all costs must be
certified as eligible by the Department of State's Bureau of
Diplomatic Security. In addition, funds may be used for
reimbursement for an extraordinary event in a jurisdiction that
does not meet the regular program eligibility requirements, if
specifically authorized. The Committee expects the Department
of State to provide reimbursement to local jurisdictions on a
timely basis if claims are fully justified.
The Committee requests that the Department of State
continue to submit to the Committees on Appropriations a semi-
annual report on the number of claims for extraordinary
protective services that have been submitted by eligible
jurisdictions and certified as meeting the program
requirements, and the amount of unobligated funds available to
pay such claims.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
Fiscal year 2012 enacted level\1\..................... $1,537,000,000
Fiscal year 2013 request.............................. 1,637,724,000
Committee recommendation.............................. 1,526,200,000
Change from request............................... -111,524,000
Change from enacted level......................... -10,800,000
\1\In addition, the fiscal year 2012 enacted level and the Committee
recommendation include funds under this heading in title VIII
designated OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The Committee recommendation includes a total appropriation
of $1,526,200,000 for Embassy Security, Construction, and
Maintenance, which is $10,800,000 below the fiscal year 2012
enacted level and $111,524,000 below the request. Additional
funds are provided under title VIII for OCO/GWOT.
The recommendation designates $688,799,000 for priority
worldwide security upgrades, acquisition, and construction, and
$837,401,000 for other maintenance, construction, and
operations costs.
This account provides funds to manage United States
Government real property overseas, maintain Government-owned
and long-term leased properties at approximately 274 locations,
and to lease office and functional facilities and residential
units, not only for the Department of State, but also for all
United States employees overseas.
The recommendation continues language carried in this Act
in previous years that prohibits funds from being used for
acquisition of furniture, furnishings, and generators for other
departments and agencies.
Capital Security Cost Sharing Program (CSCSP).--The
Committee recommendation continues a provision (section 7004)
requiring all agencies and departments to fully meet their
capital cost sharing obligations under subsection (e) of
section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999, in order to be allocated office
space or other accommodations in newly constructed or renovated
diplomatic facilities. In addition, the recommendation
continues language in section 7004, similar to that carried in
fiscal year 2012, directing the Secretary of State, in
consultation with the Director of the Office of Management and
Budget, to determine the annual program level and agency shares
in a manner that is proportional to the Department of State's
contribution to the CSCSP. The Committee directs that funds
appropriated in prior Acts not be used to augment the
Department of State's contribution for purposes of determining
the capital cost sharing obligation of other agencies for
fiscal year 2013.
Limitation on the New London Embassy.--Section 7006 of this
Act continues the limitation on the use of funds, other than
the revenues generated from real property sales located in
London, United Kingdom, for site acquisition and mitigation,
planning, design or construction of the New London Embassy and
requires regular reporting on the project's progress and cost.
Operating plan.--Section 7076 of the bill requires the
Secretary of State to submit to the Committees on
Appropriations an operating plan for funds appropriated in
titles I and II of this Act. Such plan should include all
resources available to the Department in fiscal year 2013 for
operations, maintenance, and construction, and an accounting of
the actual and anticipated proceeds of sales for all projects
in fiscal year 2012.
Worldwide Security Upgrades (WSU).--The Committee
recommendation includes $688,799,000 for security projects,
which is $86,201,000 below the fiscal year 2012 enacted level
and the same as the request. The funds made available for WSU
projects will continue at a reduced pace the multi-year capital
security program of constructing new secure replacement
facilities for the Department of State's most vulnerable
embassies and consulates and providing additional compound
security measures and upgrades. Much progress already has been
made. As of the end of calendar year 2011, 88 new facilities
had been constructed under the program and another 41
facilities were under design or construction. Combined, these
projects represent over half of the 195 facilities identified
for replacement following the bombings in Nairobi and Dar es
Salaam in 1998. The Committee expects that projects undertaken
by this program will continue to address the security of the
highest priority facilities.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(INCLUDING TRANSFER OF FUNDS)
Fiscal year 2012 enacted level........................ $9,300,000
Fiscal year 2013 request.............................. 9,500,000
Committee recommendation.............................. 9,300,000
Change from request............................... -200,000
Change from enacted level......................... 0
The Committee recommendation includes $9,300,000 to enable
the Secretary of State to meet unforeseen emergencies arising
in the Diplomatic and Consular Service, which is the same as
the fiscal year 2012 enacted level and $200,000 below the
request. Funding provided under this heading is available until
expended.
This appropriation provides resources for the Department of
State to meet emergency requirements in the conduct of foreign
affairs. Funds are available for: (1) travel and subsistence
expenses for relocation of American employees of the United
States Government and their families from troubled areas to the
United States and/or safe-haven posts; (2) allowances granted
to Department of State employees and their dependents evacuated
to the United States for the convenience of the Government; and
(3) payment of rewards for information concerning terrorist
activities.
The recommendation continues prior year language providing
the authority to transfer up to $1,000,000 from this heading to
the Repatriation Loans Program heading. This authority will
ensure an adequate level of resources for loans to American
citizens through the Repatriation Loans Program should
additional funds be required in fiscal year 2013 due to an
unanticipated increase in the number of loans.
REPATRIATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Fiscal year 2012 enacted level........................ $1,447,000
Fiscal year 2013 request.............................. 1,800,000
Committee recommendation.............................. 1,447,000
Change from request............................... -353,000
Change from enacted level......................... 0
The Committee recommendation includes a total of $1,447,000
for the Repatriation Loans Program Account, of which $737,000
is for the subsidy cost of repatriation loans and $710,000 is
for the administrative costs of the program, as authorized by
22 U.S.C. 2671. The recommendation is the same as the fiscal
year 2012 enacted level and $353,000 below the request.
This account provides emergency loans to assist destitute
Americans abroad who have no other source of funds to return to
the United States.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
Fiscal year 2012 enacted level........................ $21,108,000
Fiscal year 2013 request.............................. 37,200,000
Committee recommendation.............................. 21,108,000
Change from request............................... -16,092,000
Change from enacted level......................... 0
The Committee recommendation includes $21,108,000 for
Payment to the American Institute in Taiwan, which is the same
as the fiscal year 2012 enacted level and $16,092,000 below the
request. The recommendation, combined with funds derived from
visa fee revenue and other reimbursements, will support direct
and indirect operating expenses. Any remaining funds will be
set aside for special projects and consular service upgrades.
The Taiwan Relations Act requires that programs concerning
Taiwan be carried out by the American Institute in Taiwan and
authorizes funds to be appropriated to the Secretary of State
to carry out the provisions of the Act. The Institute
administers programs in the areas of economic and commercial
services, cultural affairs, travel services, and logistics. The
Department of State contracts with the American Institute in
Taiwan to carry out these activities.
The Committee recommendation includes authority for the
Secretary of State to transfer up to $15,300,000 of the funds
appropriated under the Diplomatic and Consular Programs heading
to funds appropriated under this heading, in the event that
Taiwan becomes a Visa Waiver Program country in fiscal year
2013 and these funds are needed to cover residual consular
costs that result from the loss of non-immigrant visa fee
revenue.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
Fiscal year 2012 enacted level........................ $158,900,000
Fiscal year 2013 request.............................. 158,900,000
Committee recommendation.............................. 158,900,000
Change from request............................... 0
Change from enacted level......................... 0
The Committee recommendation includes $158,900,000 for
Payment to the Foreign Service Retirement and Disability Fund,
which is the same as the fiscal year 2012 enacted level and the
request.
This appropriation, which is considered mandatory for
budget scorekeeping purposes, is authorized by the Foreign
Service Act of 1980, which provides for an appropriation to the
Fund in 30 equal annual installments of the amount required for
the unfunded liability created by new benefits, new groups of
beneficiaries, or increased salaries on which benefits are
computed. The Retirement Fund is maintained through
contributions made by participants, matching government
contributions, special government contributions (including this
account), interest on investments, and voluntary contributions.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
Fiscal year 2012 enacted level\1\..................... $1,449,700,000
Fiscal year 2013 request.............................. 1,570,005,000
Committee recommendation.............................. 1,310,769,000
Change from request............................... -259,236,000
Change from enacted level......................... -138,931,000
\1\In addition, the fiscal year 2012 enacted level and the Committee
recommendation include funds under this heading in title VIII
designated OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The Committee recommendation includes $1,310,769,000 for
Contributions to International Organizations, which is
$138,931,000 below the fiscal year 2012 enacted level and
$259,236,000 below the request. Additional funds are provided
under title VIII for OCO/GWOT.
The Committee notes that, due to the application of Public
Law 101-246 and Public Law 103-236, United States contributions
are currently being withheld from the United Nations
Educational, Scientific, and Cultural Organization (UNESCO).
The funding recommendation reflects the deduction of the
amounts requested for assessed contributions to UNESCO in
fiscal years 2012 and 2013.
Funds in this account are provided to pay assessments for
United States membership in international organizations
pursuant to treaties, conventions, or specific Acts of
Congress, including the United Nations (UN) and affiliated
agencies.
Membership in international organizations.--The Committee
notes that the joint explanatory statement of the conference
accompanying the State, Foreign Operations, and Related
Agencies Appropriations Act, 2012 (Public Law 112-74) requires
the Secretary of State to conduct a review of United States
membership in each international organization supported by this
account and prioritize United States participation in, and
funding for, each organization in accordance with United States
policy goals. The review is also expected to include any recent
reforms taken by the organizations. The Committee expects the
Secretary of State to update the report not later than 90 days
after enactment of this Act.
The Committee expects each international organization, and
the Department of State representatives to those organizations,
to work to develop processes to evaluate, prioritize, and
terminate programs. The Committee further expects efforts will
be made to contain overall budgets by eliminating duplicative
activities, excessive administrative costs, and inefficient
operations.
United Nations reform.--The Committee expects the
Department of State and the United States Mission to the UN
(USUN) to keep UN reform a high priority, and expects the
Department and USUN to work in conjunction with other UN member
states to achieve the most effective and efficient UN possible.
The Committee continues to closely monitor the management
reform efforts initiated in prior years to identify overlapping
and outdated mandates in order to make the UN more efficient,
accountable, and transparent.
The Committee expects the Department of State to encourage
and support the UN to build a strong and lasting capability to
investigate waste, fraud, and abuse. The Committee directs USUN
and the Department of State to continue to advocate for an
independent Office of Internal Oversight Services (OIOS) to
improve internal controls, efficiency, and effectiveness of the
UN. The Committee also expects the UN and each specialized
agency to have a designated official to carry out an
independent ethics function, and to provide protection from
retaliation to whistleblowers who volunteer information
concerning waste, fraud, or abuse within the agency.
The Committee recommendation includes modified language in
title VII withholding a portion of the funds for the United
Nations or any international organization until the Secretary
of State certifies that certain transparency requirements have
been met. The Committee recommendation provides the Secretary
the ability to waive the requirement to avert a humanitarian
crisis.
The Committee recommendation includes prior year language
under this heading requiring that the Secretary of State report
to the Committees on Appropriations not later than May 1, 2013,
on any credits available to the United States from the United
Nations Tax Equalization Fund (TEF) and provide semi-annual
updates on the estimates of assessed costs for the current and
following fiscal year, including offsets from available TEF
credits and updated foreign currency exchange rates.
Americans working for the United Nations.--The Committee
recognizes that Americans provide many skills that can
contribute to making the UN more efficient, effective, and
accountable and encourages the Department of State to continue
efforts to increase the number of qualified Americans employed
by the UN and other international organizations.
Capital Master Plan (CMP).--The Committee recommendation
includes language prohibiting funds in this bill for the
design, renovation, and construction of the UN Headquarters.
The Committee expects USUN and the Department of State to
continue to monitor the progress of the UN Headquarters CMP and
directs the Department of State to provide an updated report to
the Committees on Appropriations, not later than 90 days after
enactment of this Act, on the current status of the CMP,
including its initial scope and costs, any modifications made
or planned, and the total contributions made to date by each UN
Member state.
Operating plan.--The Committee includes language in title
VII requiring an operating plan for Contributions to
International Organizations, not later than 30 days after
enactment of this Act. The Committee expects the operating plan
to include each international organization funded, a notation
of any exchange rate fluctuations that occurred since the
Congressional budget justification was developed, and a
description of any TEF credits applied. This operating plan may
also serve as one of the semi-annual updates required under the
third proviso of the Contributions to International
Organizations account.
United Nations regular budget.--The Committee includes
language carried in prior years requiring that any proposal to
increase funding for any UN program without identifying an
offsetting decrease in the UN budget must be communicated to
the Committees on Appropriations in advance of the formal
notification, consideration, and adoption of such a proposal in
the General Assembly.
United Nations Human Rights Council (UNHRC).--The Committee
is deeply concerned about the credibility and effectiveness of
the UNHRC, especially because of its disproportionate focus on
Israel. The Committee also notes with disappointment the
ascension to the UNHRC of countries with poor human rights
records. The Committee recommendation includes modified
language in title VII prohibiting funds to the UNHRC unless
certain conditions are met.
Organization of American States (OAS).--The Committee is
concerned that the OAS may not be fully pursuing some of its
obligations under the Inter-American Democratic Charter and
directs the Department of State to report to the Committees on
Appropriations, not later than 90 days after enactment of this
Act, on efforts the United States is taking to push the OAS to
uphold all aspects of the Charter.
Voting practices of the United Nations.--The Committee
directs the Department of State to continue to submit a report
to the Committees on Appropriations, not later than 120 days
after enactment of this Act, on the voting practices of UN
member states.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
Fiscal year 2012 enacted level........................ $1,828,182,000
Fiscal year 2013 request.............................. 2,098,500,000
Committee recommendation.............................. 1,828,182,000
Change from request............................... -270,318,000
Change from enacted level......................... 0
The Committee recommendation includes $1,828,182,000 for
Contributions for International Peacekeeping Activities, which
is the same as the fiscal year 2012 enacted level and
$270,318,000 below the request. The Committee provides funding
for the UN logistics and support package for the African Union
Mission in Somalia under Peacekeeping Operations, instead of
under this heading.
The Committee recommendation retains language carried in
the prior year requiring 15-day advance notice of any new or
expanded mission, together with a statement of cost, duration,
national interest, exit strategy, and source of funds. The
recommendation also continues language stating that funds shall
be made available for peacekeeping activities unless the
Secretary of State determines that American manufacturers and
suppliers are not being provided equal procurement
opportunities, language making a portion of appropriations
available for two fiscal years, language prohibiting funds for
any peacekeeping mission that will involve United States Armed
Forces under the command and control of a foreign national
unless certain requirements have been met, and language
requiring a report on any credits available from United Nations
peacekeeping missions or the Tax Equalization Fund and
requiring that these credits may only be available through the
regular notification procedures of the Committees on
Appropriations. The Committee does not include the request to
make all funds under this heading available for two fiscal
years.
Peacekeeping cap.--The Committee recommendation does not
include a requested provision to adjust the authorized level of
the United States assessment for peacekeeping activities from
25 percent to 27.2 percent. The Committee understands that this
matter is under review by the authorization committee of
jurisdiction.
Re-evaluating peacekeeping priorities.--The Committee urges
the Department of State and USUN to work with the UN Department
of Peacekeeping Operations to re-evaluate all peacekeeping
activities by addressing the number of missions, limiting the
scope of missions, reconsidering changes to mandates when
political resolutions have stalled, and contemplating phase-out
and withdrawal when mission goals have been substantially
achieved. The Committee directs the Secretary of State to
provide a report, not later than 180 days after enactment of
this Act, on efforts made to address these issues.
Office of Internal Oversight Services (OIOS).--The
Committee continues to support the efforts of the UN's OIOS to
identify waste, fraud, and abuse (including sexual abuse in
peacekeeping operations), and to recommend specific reforms to
ensure that such practices are eradicated. The Committee
expects the Department of State to provide the necessary
support to ensure that OIOS oversight is brought to bear on UN
peacekeeping missions. The Committee directs the Department to
request a performance report on the efforts of OIOS to identify
waste, fraud, and abuse, and provide the information to the
Committees on Appropriations.
Trafficking in persons and illegal sexual exploitation.--
The Committee remains concerned about cases of UN peacekeepers
abusing the people they have been sent to protect. The
Committee recommendation includes language, modified from the
prior year, requiring that, prior to obligating or expending
funds for any new or expanded peacekeeping mission, the UN has
taken necessary measures to prevent UN 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 that the UN bring to justice
individuals who engage in such acts while participating in the
peacekeeping mission, including the prosecution in the home
countries of such individuals in connection with such acts.
Operating plan.--The Committee includes language in section
7076 requiring an operating plan for Contributions to
International Peacekeeping Activities, not later than 30 days
after enactment of this Act. The Committee expects the
operating plan to include each peacekeeping mission funded and
a description of any credits applied.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
Fiscal year 2012 enacted level........................ $76,175,000
Fiscal year 2013 request.............................. 77,100,000
Committee recommendation.............................. 76,175,000
Change from request............................... -925,000
Change from enacted level......................... 0
The Committee recommendation includes a total of
$76,175,000 for International Boundary and Water Commission,
United States and Mexico (IBWC), which is the same as the
fiscal year 2012 enacted level and $925,000 below the request.
The recommendation also continues the limitation on
representation expenses.
Salaries and expenses.--The Committee recommendation for
Salaries and Expenses is $44,722,000, which is the same as the
fiscal year 2012 enacted level and $1,978,000 below the
request.
Construction.--The Committee recommendation for IBWC
construction includes $31,453,000, which is the same as the
fiscal year 2012 enacted level and $1,053,000 above the
request. Within the amount provided, $1,479,000 is for the
Water Quality Program, $24,074,000 is for the Water Quantity
Program (including not less than $9,564,000 for Rio Grande
Flood Control System Rehabilitation), and $5,900,000 is for the
Resource and Asset Management Program.
Rio Grande Flood Control System Rehabilitation.--The
Committee recommendation includes funding for the Rio Grande
Flood Control System Rehabilitation Project to continue and
maintain levee projects along the Rio Grande River, as well as
funding for environmental, hydrologic and hydraulic studies
along the Rio Grande Valley, which are consistent with the
projects outlined within the Mexican Water Treaty of 1944,
Treaty Series 994.
Cross-border sediment flow.--The Committee encourages the
IBWC to better mitigate cross-border sediment flow from Mexico
to the United States. Cross-border sediment flow threatens
estuary ecosystems along the border and is an impediment to
ecological sustainability in the border region.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
Fiscal year 2012 enacted level........................ $11,687,000
Fiscal year 2013 request.............................. 12,200,000
Committee recommendation.............................. 11,687,000
Change from request............................... -513,000
Change from enacted level......................... 0
The Committee recommendation includes $11,687,000 for
American Sections, International Commissions, which is the same
as the fiscal year 2012 enacted level and $513,000 below the
request. Funds will support United States treaty obligations
regarding the expenses of the International Boundary Commission
($2,279,000), the International Joint Commission ($7,012,000),
United States and Canada, and the Border Environment
Cooperation Commission ($2,396,000) for fiscal year 2013.
The Committee understands the International Joint
Commission is in the process of updating water regulation
levels and releases for the St. Lawrence River and Lake
Ontario. The Committee urges the Secretary of State to ensure
that any new regulatory plan approved by the Commission is
based upon clear, current, and in-depth study, including a
thorough examination of the economic impact on stakeholders of
the final plan.
INTERNATIONAL FISHERIES COMMISSIONS
Fiscal year 2012 enacted level........................ $36,300,000
Fiscal year 2013 request.............................. 32,800,000
Committee recommendation.............................. 32,468,000
Change from request............................... -332,000
Change from enacted level......................... -3,832,000
The Committee recommendation includes $32,468,000 for
International Fisheries Commissions, which is $3,832,000 below
the fiscal year 2012 enacted level and $332,000 below the
request.
The Committee recommendation includes funds to support the
Great Lakes Fisheries Commission and the Pacific Salmon
Commission at not less than the request. The Committee intends
that the funds made available for the Great Lakes Fisheries
Commission be used only for meeting the United States
obligations under the 1954 Convention on Great Lakes Fisheries.
Funds appropriated under this heading support the United
States share of the expenses of International Fisheries
Commissions and related organizations, as well as the travel
expenses of the United States commissioners. The Commissions
funded by this appropriation were established by treaties and
agreements negotiated by the United States, ratified by the
President and received the advice and consent of the Senate.
The treaties protect access to shared international fisheries
resources and support other vital economic and environmental
interests. The commercial and recreational fisheries managed by
these organizations generate income from $12 to $15 billion
annually for the United States.
The Committee recommendation includes funds for the
operational costs of the International Pacific Halibut
Commission. The Committee expects the Department of State to
ensure that the Commission's operational requirements,
including the cost of office space, are met prior to initiating
any new or expanded programmatic activities.
Section 7076 of this bill includes a requirement that the
Secretary of State submit to the Committees on Appropriations
an operating plan for funds appropriated in titles I and II of
this Act.
RELATED AGENCY
Broadcasting Board of Governors
Fiscal year 2012 enacted level\1\..................... $747,130,000
Fiscal year 2013 request.............................. 720,149,000
Committee recommendation.............................. 747,130,000
Change from request............................... +26,981,000
Change from enacted level......................... 0
\1\In addition, the fiscal year 2012 enacted level includes funds under
this heading in title VIII designated OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
The Committee recommendation includes $747,130,000 under
this heading to carry out United States international
communications activities and operations overseen by the
Broadcasting Board of Governors (BBG), of which, $740,100,000
is for international broadcasting operations and $7,030,000 is
for broadcasting capital improvements.
INTERNATIONAL BROADCASTING OPERATIONS
The Committee recommendation for International Broadcasting
Operations under this heading is $740,100,000, which is the
same as the fiscal year 2012 enacted level and $28,542,000
above the request. In addition, the recommendation allows a
transfer of funds to support broadcasting to the Afghanistan/
Pakistan border region from funds appropriated in title VIII
under the Economic Support Fund heading and designated as OCO/
GWOT. The Committee expects that the fiscal year 2013 operating
plan required by section 7076 of this Act will include the
distribution of the transferred funds by BBG activity.
This account funds the operating, program, and engineering
costs of Voice of America (VOA), Radio Free Europe/Radio
Liberty (RFE/RL), Radio Free Asia (RFA), the Middle East
Broadcasting Networks, Radio and TV Marti, and the BBG. The
recommendation also includes funding for broadcasting to Cuba
under this account. Funds made available under the heading
should be allocated in the following manner and are subject to
the requirements of section 7019 of this Act:
INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Committee
Program FY2013 Committee vs.
Request recommendation request
------------------------------------------------------------------------
Federal:
Voice of America............ $189,068 $206,164 $17,096
Broadcasting to Cuba........ 23,594 28,062 4,468
International Broadcasting 262,802 263,193 391
Bureau.....................
Engineering and Technical ......... [190,592] -
Services (non-add).........
BBG/IBB Operations (non-add) ......... [72,601] -
---------------------------------------
Subtotal, Federal....... 475,464 497,419 21,955
Independent Grantee
Organizations:
Radio Free Europe/Radio 92,517 93,247 730
Liberty (RFE/RL)...........
Radio Free Asia (RFA)....... 35,707 41,564 5,857
Middle East Broadcasting 107,870 107,870 0
Networks...................
---------------------------------------
Subtotal, Grantees...... 236,094 242,681 6,587
---------------------------------------
Total, International 711,558 740,100 28,542
Broadcasting
Operations.........
------------------------------------------------------------------------
The Committee recommendation continues a requirement that
the BBG notify the Committees on Appropriations within 15 days
of any determination by the Board that any of its broadcast
entities were found to be in violation of the principles,
standards, or journalistic code of ethics.
The Committee recommendation also continues the directive
to expand unrestricted access to information on the Internet
through the development and use of circumvention technologies.
The Committee commends BBG for its work in this area and
requests that the operating plan required by section 7076 of
the bill include amounts planned for internet freedom
activities in fiscal year 2013.
Broadcasting to Asia.--The Committee supports maintaining a
diversified broadcasting program to China that includes the
continuation of short wave broadcast services. The Committee
does not concur with the proposed cuts in VOA and RFA
broadcasting to East Asia. The Committee directs the BBG to
continue such broadcasts, including to China (Cantonese and
Mandarin), Tibet, Laos, and Vietnam, at not less than the
fiscal year 2012 levels as measured both by funding and
broadcast platform hours.
The Committee recognizes the VOA for its essential
contribution to the public diplomacy efforts of the United
States. The Committee encourages VOA to examine the feasibility
and cost of initiating broadcasting in the Sindhi language in
Pakistan and be prepared to report on its findings during the
Committee's hearings on the President's fiscal year 2014 budget
request.
With the exception of the proposed enhancements for news
and current affairs television broadcasts to Egypt, the
Committee recommendation does not include the funds requested
for program enhancements. The Committee will consider those
enhancements during the review of the BBG's operating plan for
fiscal year 2013, if acceptable savings are found from other
activities.
Broadcasting to Afghanistan and Pakistan border region.--
The Committee recommendation allows the Secretary of State to
transfer funds to this heading from funds appropriated under
the Economic Support Fund heading, and designated for OCO/GWOT,
to support the extraordinary costs of both RFE/RL's Radio
Mashaal and VOA's Radio Deewa to ensure support of these
activities at not less than the fiscal year 2012 level.
Office of Cuba Broadcasting (OCB).--The Committee
recommendation includes $28,062,000 for OCB, Radio and TV
Marti, pursuant to the Radio Broadcasting to Cuba Act of 1983
and the Television Broadcasting to Cuba Act of 1990, which is
the same as the fiscal year 2012 program level and $4,468,000
above the request.
BROADCASTING CAPITAL IMPROVEMENTS
The Committee recommendation includes $7,030,000 for
broadcasting capital improvements, which is the same as the
fiscal year 2012 program level and $1,561,000 below the
request.
RELATED PROGRAMS
The Asia Foundation
Fiscal year 2012 enacted level........................ $17,000,000
Fiscal year 2013 request.............................. 15,400,000
Committee recommendation.............................. 15,400,000
Change from request............................... 0
Change from enacted level......................... -1,600,000
The Committee recommendation includes $15,400,000 for The
Asia Foundation (TAF), which is $1,600,000 below the fiscal
year 2012 enacted level and the same as the request.
Authorized by The Asia Foundation Act of 1983, TAF operates
programs in offices throughout Asia. TAF program priorities are
developed in consultation with the Department of State and
focus at the country and regional levels on building democratic
institutions and improving governance, supporting policies and
institutions required for open markets, increasing
opportunities for women's participation and empowerment, and
encouraging stability and cooperative relations among nations
in the Asia-Pacific region.
The Committee encourages TAF to continue to seek donations
from private foundations and corporations, competitively bid
awards from governmental and multilateral development agencies,
and fee-based or reimbursable agreements as a means of
sustaining its activities, programs and offices in an
environment of fiscal constraint. The Committee requests that
TAF continue to include a summary table in its annual
Congressional budget justification detailing total revenue and
support by category for fiscal year 2012 and projected for
fiscal year 2013.
United States Institute of Peace
Fiscal year 2012 enacted level\1\..................... $30,589,000
Fiscal year 2013 request.............................. 37,400,000
Committee recommendation.............................. 37,400,000
Change from request............................... 0
Change from enacted level......................... +6,811,000
\1\In addition, the fiscal year 2012 enacted level includes funds under
this heading in title VIII designated OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
The Committee recommendation includes $37,400,000, as
authorized, for the United States Institute of Peace (USIP),
which is $6,811,000 above the fiscal year 2012 enacted level
and the same as the request. The Committee notes that USIP
received $8,411,000 in fiscal year 2012 from funds appropriated
under this heading in title VIII for OCO/GWOT.
The Committee urges USIP to continue to seek competitively
bid awards from other Federal agencies and to fully implement
fee-based or reimbursable agreements, where appropriate, as a
means of sustaining its activities and programs in an
environment of fiscal constraint. The Committee requests USIP
continue to include in the annual Congressional budget
justification information on the amount of funds received in
fiscal year 2011 from other Federal agencies, and the amount of
revenue generated from fees and reimbursable agreements in
fiscal year 2012, and projected for fiscal years 2013 and 2014.
Center for Middle Eastern-Western Dialogue
Fiscal year 2012 enacted level........................ $840,000
Fiscal year 2013 request.............................. 798,000
Committee recommendation.............................. 798,000
Change from request............................... 0
Change from enacted level......................... -42,000
The Committee recommendation includes the appropriation for
fiscal year 2013 of interest and earnings from the Center for
Middle Eastern-Western Dialogue Trust Fund, as authorized by
section 633 of Public Law 108-199. Interest and earnings for
fiscal year 2013 are projected to total $798,000.
Eisenhower Exchange Fellowship Program
Fiscal year 2012 enacted level........................ $500,000
Fiscal year 2013 request.............................. 449,000
Committee recommendation.............................. 449,000
Change from request............................... 0
Change from enacted level......................... -51,000
The Committee recommends an appropriation for fiscal year
2013 of interest and earnings from the Eisenhower Exchange
Fellowship Program Trust Fund, as authorized by sections 4 and
5 of the Eisenhower Exchange Fellowship Act of 1990. Interest
and earnings for fiscal year 2013 are projected to total
$449,000.
Israeli Arab Scholarship Program
Fiscal year 2012 enacted level........................ $375,000
Fiscal year 2013 request.............................. 374,000
Committee recommendation.............................. 374,000
Change from request............................... 0
Change from enacted level......................... -1,000
The Committee recommends an appropriation for fiscal year
2013 of interest and earnings from the Israeli Arab Scholarship
Endowment Fund, as authorized by section 214 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993.
Interest and earnings for fiscal year 2013 are projected to
total $374,000.
East-West Center
Fiscal year 2012 enacted level........................ $16,700,000
Fiscal year 2013 request.............................. 10,800,000
Committee recommendation.............................. 0
Change from request............................... -10,800,000
Change from enacted level......................... -16,700,000
The Committee recommendation does not include funding for
the East-West Center, which is $16,700,000 below the fiscal
year 2012 enacted level and $10,800,000 below the request.
National Endowment for Democracy
Fiscal year 2012 enacted level........................ $117,764,000
Fiscal year 2013 request.............................. 104,000,000
Committee recommendation.............................. 122,764,000
Change from request............................... +18,764,000
Change from enacted level......................... +5,000,000
The Committee recommendation includes $122,764,000 for the
National Endowment for Democracy (NED), which is an increase of
$5,000,000 above the fiscal year 2012 enacted level and
$18,764,000 above the request.
Of the total, the Committee directs that $104,000,000 shall
be allocated in the traditional and customary manner, as in
prior years, to include the core institutes.
The Committee includes section 7032, a new provision on
democracy promotion that consolidates and modifies related
provisions in current law.
The Committee supports NED's funding for the Parliamentary
Forum of the Community of Democracies, including the Office of
the Secretary General, to advance democracy and democratic
institutions around the world.
The Committee supports not less than amounts provided in
fiscal year 2012 to train and educate Tibetans in democracy
activities and for human right monitoring in Tibet. The
Committee suggests that NED consult with the Department of
State's Special Coordinator for Tibetan Issues on
implementation of its programs related to Tibet.
The President of NED is directed to submit a report to the
Committees on Appropriations, not later than 45 days after
enactment of this Act, on the proposed uses of these funds on a
regional and country basis. The report should include a
description of programmatic goals for each region and country,
and how the planned use of funds will meet such goals. The
Committee directs NED to consult with the Committees on
Appropriations in advance of any significant deviation from the
plans outlined in such report. This grant to the Department of
State is a pass-through directly to NED and therefore funds
under this heading shall not be subject to prior approval by
the Department of State or USAID or to administrative or
management surcharges, and minimal expenses, if any, should be
charged to general Department of State operating expenses.
Further, the NED should not be precluded from competitively
bidding on other grant solicitations.
Other Commissions
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
Fiscal year 2012 enacted level........................ $634,000
Fiscal year 2013 request.............................. 602,000
Committee recommendation.............................. 602,000
Change from request............................... 0
Change from enacted level......................... -32,000
The Committee recommendation includes $602,000 for
Commission for the Preservation of America's Heritage Abroad,
as authorized by section 1303 of Public Law 99-83, which is the
$32,000 below the fiscal year 2012 enacted level and is the
same as the request.
The Committee directs the Commission to submit its
Congressional budget justification not later than 30 days after
the submission date of the President's budget recommendations
for fiscal year 2014. All submissions shall include at minimum
a five-year history of appropriations, the appropriations
language requested, and a summary of both the built-in and
programmatic changes recommended in the request.
United States Commission on International Religious Freedom
SALARIES AND EXPENSES
Fiscal year 2012 enacted level........................ $3,000,000
Fiscal year 2013 request.............................. 3,500,000
Committee recommendation.............................. 3,000,000
Change from request............................... -500,000
Change from enacted level......................... 0
The Committee recommendation includes $3,000,000 for the
United States Commission on International Religious Freedom, as
authorized by title II of the International Religious Freedom
Act of 1998, which is the same as the fiscal year 2012 enacted
level and $500,000 below the request.
The Commission conducts independent reviews, reports on
facts and circumstances of violations of religious freedom
abroad, and recommends options for United States policies with
respect to foreign countries engaging in or tolerating
violations of religious freedom.
The Committee directs the Commission to submit its
Congressional budget justification not later than 30 days after
the submission date of the President's budget recommendations
for fiscal year 2014. All submissions shall include at minimum
a five-year history of appropriations, the appropriations
language requested, and a summary of both the built-in and
programmatic changes recommended in the request.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
Fiscal year 2012 enacted level........................ $2,715,000
Fiscal year 2013 request.............................. 2,579,000
Committee recommendation.............................. 2,579,000
Change from request............................... 0
Change from enacted level......................... -136,000
The Committee recommendation includes $2,579,000 for
Commission on Security and Cooperation in Europe, as authorized
by Public Law 94-304, which is $136,000 below the fiscal year
2012 enacted level and the same as the request.
The Commission was established in 1976 to monitor the acts
of the signatories that reflect compliance with or violation of
the articles of the Final Act of the Conference on Security and
Cooperation in Europe, with particular regard to provisions
relating to human rights and cooperation in humanitarian
fields.
The Committee directs the Commission to submit its
Congressional budget justification not later than 30 days after
the submission date of the President's budget recommendations
for fiscal year 2014. All submissions shall include at minimum
a five-year history of appropriations, the appropriations
language requested, and a summary of both the built-in and
programmatic changes recommended in the request.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
Fiscal year 2012 enacted level........................ $1,996,000
Fiscal year 2013 request.............................. 2,000,000
Committee recommendation.............................. 1,996,000
Change from request............................... -4,000
Change from enacted level......................... 0
The Committee recommendation includes $1,996,000 for
Congressional-Executive Commission on China, as authorized by
title III of the U.S.-China Relations Act of 2000, which is the
same as the fiscal year 2012 enacted level and $4,000 below the
request.
Created in the China Relations Act of 2000 (Public Law 106-
286), the Commission's mission is to monitor the Chinese
government's compliance with international human rights
standards and to track the development of the rule of law in
China. The Commission reports annually on these issues to the
President and the Congressional leadership, making
recommendations for policy action and legislation, when
appropriate.
The Committee directs the Commission to submit its
Congressional budget justification not later than 30 days after
the submission date of the President's budget recommendations
for fiscal year 2014. All submissions shall include at minimum
a five-year history of appropriations, the appropriations
language requested, and a summary of both the built-in and
programmatic changes recommended in the request.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
Fiscal year 2012 enacted level........................ $3,493,000
Fiscal year 2013 request.............................. 3,500,000
Committee recommendation.............................. 3,493,000
Change from request............................... -7,000
Change from enacted level......................... 0
The Committee recommendation includes $3,493,000 for 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, which is the
same as the fiscal year 2012 enacted level and $7,000 below the
request.
The Committee recommendation continues by reference the
authorities, conditions and limitations carried under this
heading in division F of Public Law 111-117 that provide an
administrative framework for the operations of the Commission.
The Committee notes that the Commission has been a strong voice
and important source of information for members of Congress,
journalists, and for China scholars and analysts.
Created in the National Defense Authorization Act, 2001
(Public Law 106-398), the Commission's mission is to monitor,
investigate, and assess the ``national security implications of
the bilateral trade and economic relationship'' between the
United States and the People's Republic of China. The
Commission reports annually on these issues to Congress, making
recommendations for policy action and legislation when
appropriate.
The Committee directs the Commission to submit its
Congressional budget justification not later than 30 days after
the submission date of the President's budget recommendations
for fiscal year 2014. All submissions shall include at minimum
a five-year history of appropriations, the appropriations
language requested, and a summary of both the built-in and
programmatic changes recommended in the request.
TITLE II--UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Fiscal year 2012 enacted level\1\..................... $1,092,300,000
Fiscal year 2013 request.............................. 1,263,045,000
Committee recommendation.............................. 1,015,706,000
Change from request............................... -247,339,000
Change from enacted level......................... -76,594,000
\1\In addition, the fiscal year 2012 enacted level, the fiscal year 2013
request, and the Committee recommendation include funds under this
heading in title VIII designated OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
The Committee recommendation includes $1,015,706,000 for
USAID Operating Expenses, which is $76,594,000 below the fiscal
year 2012 enacted level and $247,339,000 below the request.
Additional funds are provided under title VIII for OCO/GWOT.
Funds under this heading are provided for salaries and
expenses of overseas and domestic employees of USAID, personal
service contractors, and employees hired by other Federal
agencies but assigned to USAID. Funds under this heading are
also provided to support resident USAID staff overseas as well
as headquarters staff that support field programs and manage
regional and worldwide activities.
As in fiscal year 2012, the Committee directs the
Administrator of USAID to provide a report, not later than 60
days after enactment of this Act, that details the number of
people employed by USAID, the category of employment (direct
hire, personal service contractor, Participating Agency Service
Agreement, and similar categories), the veteran status of
direct hires employed by USAID, the office or overseas post to
which they are assigned or detailed, the appropriation account
used to fund the employees, specific legislative authority
needed to hire the employees, and if hired by another Federal
agency, the additional administrative expenses charged by that
agency. The Committee directs that this employment report
reflect data as of the end of fiscal year 2012.
As in past years, USAID is directed to notify the
Committees on Appropriations 15 days prior to any procurement
action that involves awarding of a sole source contract or
other non-competitive grant or contract; raising the ceiling on
an existing Indefinite Quantity Contract (IQC); issuing a new
IQC; awarding an umbrella grant; or raising the ceiling on an
existing umbrella grant. The Committee expects the thresholds
for notification to be the same as in the prior year. The
Committee notes that this requirement does not apply for
assistance in critical priority countries and assistance for
humanitarian response or post-conflict situations.
New programs.--The Committee includes a provision under
this heading that makes all new programs, fellowships, and
initiatives not previously justified in the Congressional
budget justification subject to the regular notification
procedures of the Committees on Appropriations. The Committee
directs the Administrator of USAID to award fellowship programs
on a competitive basis.
Diversity engagement.--The Committee supports continued
funding for fellowships as part of USAID's Diversity Engagement
Program and encourages USAID to provide continued funding for a
fellowship program in honor of the late Donald M. Payne to
support graduate school, professional development, and entry
into USAID's Foreign Service. The Committee directs that
funding be provided on a competitive basis. The Committee
recommendation includes continued funding for the Office of
Civil Rights and Diversity for recruitment activities.
Faith-based organizations.--The Committee notes the
important role that faith-based organizations (FBOs) play in
the delivery of foreign assistance and expects USAID to ensure
compliance with existing Federal laws protecting the rights of
FBOs, including rights related to employment practices, from
discrimination in competing for and administering projects
funded with United States foreign assistance.
Innovative technologies.--The Committee recognizes the
efforts of non-governmental organizations working in poor
communities in developing nations that are advancing innovative
technologies to provide long-term solutions to combat hunger
and poverty.
Procurement reform.--The Committee remains cautious about
USAID's rapid implementation of its procurement reform efforts.
The Committee recommendation includes new language requiring
the Administrator of USAID to consult with the Committees on
Appropriations prior to issuing guidance through a Procurement
Information Bulletin that changes current regulations on
acquisition and assistance. The Committee has not included
authorization language as requested for a working capital fund.
The Committee agrees that oversight of procurement, whether
local or at headquarters, should be strongly supported.
Direct Government-to-Government assistance.--The Committee
remains concerned about USAID's intentions to increase funding
to host countries for their own procurement actions. While the
Committee supports efforts to develop capacity and
sustainability of foreign recipient governments, the Committee
remains concerned that USAID's procurement goals are neither
realistic nor in the best interest of the United States
taxpayer. The Committee recommendation continues section
7031(a), which is intended to ensure that transparency,
accountability, and anti-fraud measures are in place prior to
the provision of such assistance. Specifically, the Committee
disagrees with any assumption of acceptable levels of fraud in
USAID programs. Additionally, the provision includes a new
certification that the recipient country demonstrates a
commitment to democracy and a new subsection prohibiting
assistance for the purpose of paying a foreign country's debt
to multilateral development banks or United Nations
assessments.
Closing of missions.--USAID provides assistance to 101
countries worldwide and maintains an on-the-ground presence in
87 missions. The Committee encourages USAID to identify savings
through closing missions, especially in countries where foreign
assistance is no longer necessary and directs the Administrator
of USAID to provide an estimate to the Committees on
Appropriations for fiscal years 2013, 2014, and 2015 resulting
from closing missions and identifying the location of such
missions.
Partner vetting system.--The Committee includes language in
section 7034, modified from prior years, regarding a global
partner vetting system.
Security training.--The Committee recommends that security
training be offered to all implementers of programs funded in
this Act for the purpose of promoting democracy or civil
society in a closed society or a state, in which the government
is otherwise hostile to democratic reforms. Such implementers
shall include nongovernmental organizations and their sub-
grantees, as well as contractors and their subcontractors. Such
training should be tailored to the special challenges of
working within the particular state or region in which the
entities being trained will be operating. The Committee
recommends that costs for such security training be provided
from funds made available under this heading. The Committee
directs the Administrator of USAID, in consultation with the
Secretary of State, to report to the Committees on
Appropriations, not later than 90 days after enactment of this
Act, on the costs associated with this training initiative. The
Committee further directs the Secretary of State and the
Administrator of USAID to jointly consult with the Committees
on Appropriations on efforts in fiscal year 2013 to meet this
goal.
Mass atrocities prevention.--The Committee notes USAID's
efforts to train relevant personnel in genocide and mass
atrocities prevention and directs USAID to consult with the
Committees on Appropriations on progress implementing this
training.
CAPITAL INVESTMENT FUND
Fiscal year 2012 enacted level........................ $129,700,000
Fiscal year 2013 request.............................. 134,900,000
Committee recommendation.............................. 129,700,000
Change from request............................... -5,200,000
Change from enacted level......................... 0
The Committee recommendation includes $129,700,000 for the
Capital Investment Fund, which is the same as the fiscal year
2012 enacted level and $5,200,000 below the request. Funds made
available under this heading, including the obligation of
collections, are subject to the regular notification procedures
of the Committees on Appropriations.
OFFICE OF INSPECTOR GENERAL
Fiscal year 2012 enacted level\1\..................... $46,500,000
Fiscal year 2013 request.............................. 50,500,000
Committee recommendation.............................. 50,500,000
Change from request............................... 0
Change from enacted level......................... +4,000,000
\1\In addition, the fiscal year 2012 enacted level includes funds under
this heading in title VIII designated OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
The Committee recommendation includes $50,500,000 for
Office of Inspector General, which is $4,000,000 above the
fiscal year 2012 enacted level and the same as the request.
The Committee directs the Office of Inspector General to
provide a summary of the oversight that will be undertaken
during fiscal year 2013 as part of its operating plan that is
required in title VII of this Act.
TITLE III--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Fiscal year 2012 enacted level........................ $8,167,860,000
Fiscal year 2013 request.............................. 7,854,000,000
Committee recommendation.............................. 8,017,711,000
Change from request............................... +163,711,000
Change from enacted level......................... -150,149,000
The Committee recommendation includes $8,017,711,000 for
Global Health Programs, which is $150,149,000 below the fiscal
year 2012 enacted level and $163,711,000 above the request.
The Committee includes assistance under this heading for
countries previously included under Assistance for Europe,
Eurasia, and Central Asia (AEECA).
USAID GLOBAL HEALTH PROGRAMS
The Committee recommendation includes $2,474,851,000 for
global health programs to be directly apportioned to USAID,
which is $150,149,000 below the fiscal year 2012 enacted level
and $29,149,000 below the request.
The Committee supports the fiscal year 2012 funding level
for bilateral maternal and child health, programs for
vulnerable children, nutrition, malaria, and tuberculosis. The
Committee does not support the reductions proposed for these
programs in the President's budget request. Funding for family
planning and reproductive health programs is the same as the
fiscal year 2008 level.
Maternal and child health.--The Committee directs that not
less than the fiscal year 2012 levels be provided for bilateral
maternal and child health programs. The health of a mother is
directly related to the health of her children, and the
Committee is committed to maintaining an emphasis on expanding
access to programs that have been proven effective in reducing
maternal and child mortality.
The Committee recommends that USAID implement a multi-
faceted nutrition program that includes agriculture, food aid,
and health interventions and keep the Committees on
Appropriations updated on its progress as necessary.
Within funds provided, the Committee also encourages USAID
to continue supporting iodine deficiency disorder programs and
vulnerable children programs, including childhood blindness and
cleft lip/palate treatment.
The Committee requests that USAID consult with the
Committee on the estimated need and cost-effectiveness of a
program to eliminate maternal and neonatal tetanus, treat
children with hydrocephalus, assist children affected by
trauma, and support children with autism.
Polio.--The Global Polio Eradication Initiative is one of
the largest, most successful, public-private health initiatives
ever undertaken. Funds provided under this heading will allow
USAID to continue to provide critical technical and operational
support for immunization and disease surveillance activities in
order to capitalize on the historic opportunity to interrupt
transmission of polio.
Neglected tropical diseases.--The Committee notes the
success by USAID in combating neglected tropical diseases and
supports the continuation of these successful life-saving
programs.
Microbicides.--The Committee recommends continued support
for microbicide development and directs the Office of the
Global AIDS Coordinator (OGAC) to coordinate with USAID, the
National Institutes of Health, other Federal agencies, and
donors in order to advance microbicide development and
implementation.
Vaccines.--The Committee strongly supports the Global
Alliance for Vaccines Initiative (GAVI) and recognizes that a
country's immunization coverage rate directly relates to child
mortality and overall development of a country. Additionally,
the Committee commends the GAVI Secretariat for its commitment
to a strong Office of Inspector General and GAVI's efforts to
post all audits on its web site for public accessibility. The
Committee notes that prior funding provided in this Act has
only been used for the purchase of vaccines, and has not
supported the cash assistance program. The Committee expects
this practice to continue. Additionally, the Committee directs
that the United States contribution from this and prior acts
only be available for those vaccines that have a direct impact
on child survival, such as vaccines for rotavirus and
pneumococcal.
The Committee agrees that developing a vaccine is essential
to the fight against HIV and malaria and encourages USAID to
continue funding to support their advancement.
Health technology.--The Committee continues to support
USAID's health technologies programs, including the development
of technologies that maximize the limited resources available
for global health and ensure that products and medicines
developed for use in low-resource settings reach the people
that need such products and medicines.
Healthcare workforce.--The Committee directs the
Administrator of USAID, in consultation with the Global AIDS
Coordinator at the Department of State, to submit a
comprehensive strategy, not later than 90 days after enactment
of this Act, for increasing equitable access to qualified
health workers in developing countries, particularly in
underserved areas.
Reproductive health/voluntary family planning.--The
Committee recommendation includes section 7058 which provides
not more than $461,000,000, the same as the fiscal year 2008
level, for reproductive health and voluntary family planning in
this Act. This provision also addresses funds provided under
the heading ``Economic Support Fund'' for reproductive health
and family planning.
The Committee has continued prior year language that does
the following: (1) requires that none of the funds appropriated
in this Act, or any unobligated balances, may be made available
to any organization or program, which as determined by the
President, supports or participates in the management of a
program of coercive abortion or involuntary sterilization; (2)
states that funds cannot be used to pay for the performance of
abortions as a method of family planning or to motivate or
coerce any person to practice abortion; (3) specifies that
population funds shall be available only to voluntary family
planning projects that offer, either directly or through
referral, information about access to a broad range of family
planning methods and services; (4) requires that in awarding
grants for natural family planning under section 104 of the
Foreign Assistance Act, no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and (5)
requires the provision of accurate information related to
condoms.
The Committee includes language in section 7065 prohibiting
funds for any foreign nongovernmental organization that
promotes or performs abortion, except in cases of rape or
incest or when the life of the mother would be endangered if
the fetus were carried to term.
Theft of drugs.--The Committee is alarmed by reports that a
portion of drugs procured with bilateral and multilateral funds
appropriated for global health programs were stolen by
speculators and dealers. The Committee notes that results must
be judged on delivery of life-saving medications to sick
patients, not whether these medicines are simply provided to a
central distribution point. The Committee directs the
Administrator of USAID and the Global AIDS Coordinator to
provide to the Committees on Appropriations, not later than 60
days after enactment of this Act, a strategy for addressing the
theft of medicines, including an assessment of the breadth of
the problem of drug theft, which drugs are stolen and from
which countries, and specific steps taken to date to fight the
misappropriation of drugs funded through appropriations
provided for bilateral and multilateral activities.
Report.--The Committee recognizes that several Federal
agencies implement global health funding provided in this Act
and directs the Department of State and USAID to provide a
government-wide funding summary for fiscal year 2012, and
projected for fiscal year 2013, including funding provided in
other appropriations bills, to the Committees on Appropriations
not later than 90 days after enactment of this Act. The
Committee expects the report to include a description of the
differentiation of goals, implementing partners, and auditing
standards for each Federal agency.
Europe, Eurasia, and Central Asia.--In fiscal year 2013,
the Congressional budget justification reflected assistance
requested for countries in Europe, Eurasia, and Central Asia
through the Economic Support Fund, International Narcotics
Control and Law Enforcement, and Global Health Programs
accounts instead of under the Assistance to Europe, Eurasia and
Central Asia (AEECA) heading. The Committee recommendation does
not include the AEECA heading and funds programs for these
countries in the relevant program accounts.
Department of State, Office of the United States Global AIDS
Coordinator (OGAC)
The Committee recommendation includes $5,542,860,000 to be
directly apportioned to the Department of State for programs to
prevent and treat HIV/AIDS. This level is the same as the
fiscal year 2012 enacted level and $192,860,000 above the
request. This level of funding assumes $4,242,860,000 for the
bilateral programs under the President's Emergency Plan for
AIDS Relief (PEPFAR) and $1,300,000,000 for the Global Fund to
Fight AIDS, TB, and Malaria (the Global Fund).
In addition to funds in this paragraph, the Committee
provides the fiscal year enacted 2012 level for HIV/AIDS
programs under this heading that are directly apportioned to
USAID. Therefore, the bill provides a total of $5,892,860,000
to fight HIV/AIDS.
The Committee's recommendation supports: a United States
contribution to UNAIDS; continued investment in implementation
research, including operations research and impact evaluation;
efforts to expand prevention of Mother-to-Child Transmission
programs; and funding for pediatric HIV treatment programs in
order to meet the targets included in the PEPFAR statute and in
the PEFPAR five-year plan. The Committee encourages OGAC to
identify new tools to diagnose and safely treat children living
with HIV.
Needles.--The Committee directs that no funds in fiscal
year 2013 may be used for needle exchange programs.
Cost efficiencies.--The Committee is committed to ensuring
that every available dollar in PEPFAR funds goes toward
providing effective services. Given the now-established
benefits of antiretroviral treatment in improving health and
preventing new infections, the Committee supports PEPFAR's
efforts to continue to reduce per patient costs for such
treatment. The Committee directs OGAC to consult with the
Committee on its efforts to achieve such savings not later than
45 days after enactment of this Act.
Administrative and overhead costs.--The Committee directs
OGAC to report to the Committees on Appropriations, not later
than 45 days after enactment of this Act, on the amount and
percentage of administrative and overhead costs for PEPFAR
funds for fiscal year 2012 by implementing agency.
Media.--The Committee recommends that USAID and OGAC
continue to support HIV-related media prevention programming,
which can serve as an effective prevention tool.
Reports.--The Committee directs that the Administrator of
USAID and the Global AIDS Coordinator include in its annual
report to Congress as required by Public Law 109-95, the
funding levels for programs included in Public Law 110-293
relating to orphans and other children affected by HIV/AIDS for
fiscal year 2012 and estimated for fiscal year 2013.
Global Fund to Fight AIDS, Tuberculosis and Malaria (the
Global Fund).--The Committee is supportive of a performance-
based, results-oriented multilateral funding mechanism to
combat HIV/AIDS and other infectious diseases. The Committee
commends the Global Fund Board for adopting the recommendations
of the High-Level Independent Review Panel on Fiduciary
Controls and Oversight Mechanism (the High-Level Panel) and
directs OGAC to continue to update the Committees on
Appropriations on the Global Fund's execution of the High-Level
Panel's recommendations throughout the year.
The Committee recommendation designates that up to five
percent of funds provided to the Global Fund may be used for
Global Fund technical assistance. OGAC should continue to
support efforts to strengthen country coordinating mechanisms
and principal recipients, improve procurement and supply chains
in-country, and increase technical capacity of implementing
governments and organizations. The Committee encourages the use
of the Department of the Treasury's Office of Technical
Assistance, funded through transferred funds, in providing
procurement and budgetary specialists on a temporary basis to
Global Fund countries.
Oversight of the Global Fund remains a top priority for the
Committee. The Committee continues to support the independence
of the Office of Inspector General and continues language to
withhold 10 percent of funds provided to the Global Fund until
the Secretary of State certifies to the Committees on
Appropriations that the Global Fund's Secretariat and Board
have not adopted policies that would make the work of the
Office of Inspector General less transparent or less
comprehensive.
As in past years, the Secretary of State is directed to
provide a report to the Committees on Appropriations, not later
than 120 days after enactment of this Act, that contains the
most recent Global Fund audit information, commitment and
disbursement data, and a summary of the recipient and sub-
recipient expenditures as reported to the United States
Government.
In addition to the certification required in section 7058
concerning the function and role of the Office of Inspector
General, the Committee directs the Secretary of State to report
to the Committees on Appropriations, not later than 60 days
after enactment of this Act and updated every six months until
September 30, 2013, on the following:
(1) a description of improvements made to the Global
Fund's financial systems and fiduciary controls for
grant management in the prior six months;
(2) a list of countries that tax Global Fund
assistance and the estimated tax collected each year,
by country;
(3) the status of the United Nations Development
Programme's transition plan for each country in which
it operates as an implementer of Global Fund grants;
and
(4) the degree of Board access to, and transparency
of, internal Secretariat budgetary expenditures,
including contingency funds and other unspecified funds
used at the discretion of Secretariat personnel.
DEVELOPMENT ASSISTANCE
Fiscal year 2012 enacted level........................ $2,519,950,000
Fiscal year 2013 request.............................. 2,525,500,000
Committee recommendation.............................. 2,519,950,000
Change from request............................... -5,550,000
Change from enacted level......................... 0
The Committee recommendation includes $2,519,950,000 for
Development Assistance, which is the same as the fiscal year
2012 enacted level and $5,550,000 below the request.
The Committee endorses USAID's commitment to support
programs that create conditions where assistance will no longer
be needed because countries have become financially independent
and, therefore, encourages USAID to demonstrate where and how
this goal is being achieved. The Committee supports USAID's
proposal to focus Development Assistance in countries that
demonstrate a commitment to improving transparent, accountable,
and responsible governance, where United States assistance is
most likely to produce significant and sustainable development
results. The Committee urges USAID to ensure that its
assistance does not compete with emerging small businesses,
entrepreneurs, and local economies in recipient countries, and
instead works to strengthen them. The Committee expects the
Department of State and USAID to ensure programs and policies
for learning, evaluation, and research include assessments of
organizations implementing United States foreign assistance and
directs the Administrator of USAID to consult with the
Committees on Appropriations on these efforts.
Agriculture
The Committee supports the goals of the Feed the Future
Initiative and notes that funds should support food security
and agriculture development programs. These investments are
expected to enhance stability in fragile areas, reduce
dependence on foreign aid, and increase goodwill toward the
United States. The Committee notes the important role of
agriculture research in food security and supports the budget
request for Collaborative Research Support Programs (CRSPs).
The Committee understands that USAID has supported efforts to
ensure the long-term productivity of global agriculture by
conserving and making available key collections of diverse
crops and the Committee supports continuing these efforts.
Spend plan.--Pursuant to title VII, the Administrator of
USAID is required to submit a spend plan on food security and
agriculture development detailing the proposed use of funds by
account, office, and country, prior to funds being obligated.
The spend plan should also specify any funds to be transferred
to other agencies or international financial institutions and
for what purpose.
Economic Growth
Cooperative development programs.--The Committee recognizes
the important role that cooperatives and credit unions play in
overseas development assistance programs and directs USAID to
provide $10,000,000 to these programs.
Microfinance.--The Committee recommendation includes
$265,000,000 in this Act for microenterprise and microfinance
development programs. The Committee notes the successful track
record of microfinance programs and directs that funds be
targeted to the poor, especially women. The Committee
encourages investment in a variety of financial services that
allows the poor to save, borrow, and access insurance,
remittances, and other key services. The Committee urges the
Administration to prioritize investment in microfinance in sub-
Saharan Africa and directs USAID to consult with the Committees
on Appropriations on efforts to focus existing resources for
this program. As required by section 251(c) of the Foreign
Assistance Act of 1961, USAID is to target half of all
microfinance and microenterprise funds to the very poor,
defined as those living on less than $1.25 a day. For the
purposes of conducting poverty assessments for microenterprise
and microfinance programs, USAID may certify for use external
poverty assessment tools if determined to be commensurate with
its current poverty survey tools. The Committee supports the
efforts of the Department of State to promote and preserve the
independence of civil society and private enterprise in
Bangladesh, including the banking sector.
Millennium Challenge Corporation (MCC).--The Committee
notes that several countries are negotiating with the
Administration on second compacts with the MCC. MCC compacts
are intended to be a catalyst for change in poorer countries
helping to lay the groundwork for the private sector to
increase investments and thereby generate long-term economic
growth. The Committee directs the Administrator of USAID to
submit a report to the Committees on Appropriations, not later
than 120 days after enactment of this Act, on the efforts USAID
is taking to graduate MCC's second compact countries from
official development assistance and provide an estimate of
potential savings.
Trade capacity building.--The Committee continues to
support labor and environment capacity building activities
related to the free trade agreements with the countries of
Central America, Colombia, Peru, and the Dominican Republic to
ensure that United States workers and businesses can compete on
a level playing field.
Education
American Schools and Hospitals Abroad (ASHA).--The
Committee recommendation includes $23,000,000 for the American
Schools and Hospitals Abroad program, which is the same as the
fiscal year 2012 enacted level. The Committee recognizes the
important contributions made by institutions funded by this
program, particularly its programs in Africa and the Middle
East. The Committee endorses ASHA support for new applicants
that demonstrate the best of American ideas and practices in
the regions they serve. The Committee expects ASHA funds to
continue to be allocated through an open and competitive
process.
Basic education.--The Committee believes education should
be a key component of the United States Government strategy in
developing countries. An educated citizenry will result in
sustained economic growth, strengthened democratic
institutions, the empowerment of women and girls, and decreased
extremism. The Committee recommendation includes a total of
$800,000,000 for basic education programs in this Act, which is
the same as the fiscal year 2012 enacted level, of which
$260,000,000 is provided under this heading. The Committee
encourages USAID to prioritize the special needs of girls'
education and schools in conflict or post-conflict settings.
Given education's importance to achieving the goals of
presidential initiatives and other objectives of the United
States, the Committee believes that basic education should be
identified as a core development objective and considered an
agency priority for budget and strategy.
The Committee believes that schools can be centers of
learning and development for an entire community and expects
that programs in other sectors should be integrated with
schools and educational programs as much as possible. USAID
should prioritize technical assistance for local governments to
foster communities of learning and should encourage recipient
countries and other donors to pursue comprehensive development
efforts to support these programs. USAID is directed to consult
with the Committees on Appropriations on this initiative on a
regular basis.
The Committee supports United States participation in the
Global Partnership for Education and has provided authority to
USAID to make a contribution to the Partnership in fiscal year
2013. The Committee has taken this contribution into account in
its consideration of resources under title III of this Act and
directs USAID to report to the Committees on Appropriations,
not later than 90 days after enactment of this Act, on the
planned uses of this contribution. As part of the report, the
Committee directs USAID to include progress toward the
development of a performance-based financing system based on
mutual accountability between donors and recipients for
achieving measurable results in access and quality; and efforts
to expand civil society participation in the Partnership's
governance.
University programs.--The Committee recognizes the value of
USAID's work with American institutions of higher education and
supports their contributions to development assistance and
foreign policy goals. The Committee continues to support
partnerships between higher education institutions in Africa
and the United States and expects that proposals will be
considered through an open and competitive process. The
Committee notes USAID's recent competitive opportunities to
partner with and leverage the technical expertise and resources
of universities to solve global development challenges. The
Committee expects the Administrator of USAID to provide regular
updates on these efforts.
Global Programs
Child marriage.--The Committee directs the Secretary of
State, in consultation with the Ambassador-at-Large of the
Office for Global Women's Issues, and other relevant United
States Government agencies to submit a report to the Committees
on Appropriations, not later than 180 days after enactment of
this Act, detailing a multi-year United States Government
strategy to prevent child marriage that will inform and empower
at-risk girls, as well as their families and communities, in
developing countries. The strategy should focus on areas with
high prevalence of child marriage and identify diplomatic and
programmatic initiatives to address these issues.
Conservation.--The Committee notes USAID's ongoing efforts
in conservation and directs the Department of State, in
consultation with USAID, to provide a report to the Committees
on Appropriations on actions being taken by the United States
to support anti-poaching activities in southern Africa,
including efforts to combat the recent increase of trade in
rhinoceros horns. This report should also detail diplomatic and
development efforts to deter trading in Asia of poached items
from Africa.
Development Innovation Ventures (DIV).--The Committee
directs the Administrator of USAID to submit a report to the
Committees on Appropriations, not later than 120 days after
enactment of this Act, on the DIV program. The report shall
include a detailed accounting of all funds used for DIV by
project including evaluation methods and specific outcomes as
they relate to the goals and objectives of the program; a
demonstration of how the program is helping USAID become more
efficient and cost-effective; and a description of what steps
USAID is taking to coordinate with other federal agencies to
avoid duplication and leverage prior investments.
Gender-based violence.--The Committee recommendation
continues support for programs that address sexual and gender-
based violence pursuant to section 7061. The Committee directs
that the Secretary of State, in consultation with the
Ambassador-at-Large of the Office for Global Women's Issues,
should identify and take emergency measures to respond to
violence against women and girls in situations of armed
conflict and directs the Secretary of State to consult with the
Committees on Appropriations, as necessary.
Reconciliation programs.--The Committee recommendation
includes $26,000,000 in this Act to continue support for
USAID's reconciliation programs, which is the same amount
provided in fiscal year 2012. The Committee expects funds to be
provided through an open and competitive process. The Committee
directs not less than $10,000,000 of these funds be provided to
support people-to-people reconciliation programs in the Middle
East to foster reconciliation between Arab and Israeli
populations. The Committee notes that an initiative to build
understanding, tolerance, and mutual respect among the next
generation of Israeli and Palestinian leaders was included in
the joint explanatory statement accompanying the State, Foreign
Operations, and Related Agencies Appropriations Act, 2012
(Public Law 112-74) and expects USAID to consult with the
Committees on Appropriations on these programs.
Water, sanitation, and hygiene.--The Committee
recommendation includes $315,000,000 in this Act for water and
sanitation supply projects. The Committee directs that this
funding be provided pursuant to Public Law 109-121 and should
prioritize the poorest communities and countries, including in
sub-Saharan Africa.
Women's leadership capacity.--The Committee notes that
empowering women to be leaders in their communities has
transformative economic and social benefits. The Committee
recommendation includes $20,000,000 for women's leadership
training programs. The Committee intends that these funds will
support projects that promote women's political, economic, and
social advancement in developing countries.
Country programs
Ethiopia.--The Committee encourages the Administrator of
USAID, in cooperation with other donors, to support programs to
promote sustainable development in Ethiopia that will help
prevent famine and desertification. In addition, the Committee
encourages the Department of State and USAID to support
programs that promote human and political rights in Ethiopia.
Bolivia, Ecuador, Nicaragua.--The Committee does not
support proposed increases in Development Assistance for
Bolivia, Ecuador, and Nicaragua for programs other than to
promote democracy and combat illicit drugs.
Mexico.--The Committee recommendation includes $33,350,000
for assistance for Mexico which is the same as the fiscal year
2012 level. An additional $35,000,000 is included for Mexico
under Economic Support Fund. The Committee expects this
assistance to be directed only to programs for rule of law and
human rights, good governance, civil society, education, and
private sector competitiveness.
INTERNATIONAL DISASTER ASSISTANCE
Fiscal year 2012 enacted level\1\..................... $825,000,000
Fiscal year 2013 request.............................. 960,000,000
Committee recommendation.............................. 772,602,000
Change from request............................... -187,398,000
Change from enacted level......................... -52,398,000
\1\In addition, the fiscal year 2012 enacted level and the Committee
recommendation include funds under this heading in title VIII
designated OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The Committee recommendation includes $772,602,000 for
International Disaster Assistance, which is $52,398,000 below
the fiscal year 2012 enacted level and $187,398,000 below the
request. Additional funds are provided under title VIII for
OCO/GWOT. The amount recommended is consistent with the five-
year average appropriation for International Disaster
Assistance.
This account funds humanitarian relief, rehabilitation, and
reconstruction in countries affected by natural and man-made
disasters, as well as support for disaster mitigation, disaster
risk reduction, prevention, and preparedness. This includes the
purchase of commodities, such as temporary shelter, blankets,
and supplementary and therapeutic food; potable water; medical
supplies; and agricultural rehabilitation. Program
beneficiaries include disaster victims, conflict victims, and
internally displaced persons.
The Committee notes that the consultation requirements
included in joint explanatory statement accompanying the
Department of State, Foreign Operations, and Related Agencies
Appropriations Act, 2012 (Public Law 112-74) have not yet
occurred. The Committee directs the Administrator of USAID to
consult with the Committees on Appropriations, not later than
30 days after enactment of this Act, on the status of efforts
to address requirements from fiscal year 2012.
The Committee expects the reporting requirements contained
in the joint explanatory statement accompanying the State,
Foreign Operations, and Related Agencies Appropriations Act,
2010 (Public Law 111-117) on the use of funds for emergency
food security to continue for fiscal year 2013 and directs the
Administrator of USAID to consult with the Committees on
Appropriations on the content of the report.
TRANSITION INITIATIVES
Fiscal year 2012 enacted level\1\..................... $50,141,000
Fiscal year 2013 request.............................. 57,600,000
Committee recommendation.............................. 50,141,000
Change from request............................... -7,459,000
Change from enacted level......................... 0
\1\In addition, the fiscal year 2012 enacted level and the Committee
recommendation include funds under this heading in title VIII
designated OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The Committee recommendation includes $50,141,000 for
Transition Initiatives, which is the same as the fiscal year
2012 enacted level and $7,459,000 below the request. Additional
funds are provided under title VIII for OCO/GWOT.
Funds provided in this account support programs targeting
key transitions to democracy for countries in crisis and quick
impact activities for conflict prevention or stabilization.
The Committee recommendation continues the requirement that
USAID submit a report to the Committees on Appropriations five
days prior to starting a new program and maintains a provision
which allows for the transfer of up to $15,000,000 to this
heading if the Secretary of State determines and reports to the
Committees on Appropriations that it is in the national
interest. Prior consultation with the Committees on
Appropriations is required before transferred funds may be made
available.
The Committee continues to direct USAID's Office of
Transition Initiatives (OTI) to submit a report to the
Committees on Appropriations at the end of the fiscal year
summarizing new, ongoing, and completed country programs
implemented by OTI in fiscal year 2013, including programs
supported with transferred funds. The Committee notes that the
consultation requirement included in the prior year has not yet
occurred and directs OTI to consult with the Committee, not
later than 60 days after enactment of this Act, on the content
and design of the report for fiscal year 2013 prior to
submission.
COMPLEX CRISES FUND
Fiscal year 2012 enacted level\1\..................... $10,000,000
Fiscal year 2013 request.............................. 50,000,000
Committee recommendation.............................. 0
Change from request............................... -50,000,000
Change from enacted level......................... -10,000,000
\1\In addition, the fiscal year 2012 enacted level includes funds under
this heading in title VIII designated OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
The Committee recommendation does not include funding for
the Complex Crises Fund, which is $10,000,000 below the fiscal
year 2012 enacted level and $50,000,000 below the request.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
Program Account:
Fiscal year 2012 enacted level........................ $40,000,000
Fiscal year 2013 request.............................. 40,000,000
Committee recommendation.............................. 40,000,000
Change from request............................... 0
Change from enacted level......................... 0
Administrative Expenses:
Fiscal year 2012 enacted level........................ 8,300,000
Fiscal year 2013 request.............................. 8,200,000
Committee recommendation.............................. 8,200,000
Change from request............................... 0
Change from enacted level......................... -100,000
The Committee recommendation includes a ceiling of
$40,000,000 on the amount that may be transferred from
bilateral economic assistance accounts for the subsidy cost of
loan guarantees under the Development Credit Authority program,
which is the same as the fiscal year 2012 enacted level and the
request. The Committee recommendation includes an appropriation
of $8,200,000 for administrative expenses, which is $100,000
below the fiscal year 2012 enacted level and the same as the
request.
The Committee notes that the USAID must submit an operating
plan for funds provided under this heading to the Committees on
Appropriations as required in title VII of this Act.
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
Fiscal year 2012 enacted level\1\..................... $3,001,745,000
Fiscal year 2013 request.............................. 4,848,571,000
Committee recommendation.............................. 2,916,719,000
Change from request............................... -1,931,852,000
Change from enacted level......................... -85,026,000
\1\In addition, the fiscal year 2012 enacted level, the fiscal year 2013
request, and the Committee recommendation include funds under this
heading in title VIII designated OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
The Committee recommendation includes $2,916,719,000 for
Economic Support Fund (ESF), which is $85,026,000 below the
fiscal year 2012 enacted level and $1,931,852,000 below the
request. Additional funds are provided under title VIII for
OCO/GWOT.
The Committee notes section 7031 regarding direct
government-to-government assistance has been modified to
prohibit assistance to any agency or ministry that is headed or
controlled by a foreign terrorist organization.
The Committee notes that funds are requested under this
heading to advance United States interests by helping countries
meet political, economic, and security needs. The Committee
expects that these funds will be allocated in a manner that
gives weight to national security and foreign policy
objectives, including whether countries are helping advance
United States foreign policy goals. The Committee expects the
Secretary of State to report to the Committees on
Appropriations, not later than 180 days after enactment of this
Act, on criteria used to determine foreign assistance
allocations, including whether a country's voting coincidence
with the United States in the United Nations is considered.
Africa
Liberia.--The Committee recommendation includes
$124,276,000 for assistance for Liberia, which is the same as
the fiscal year 2012 enacted level. The Committee supports
programs that address the need for sustainable agriculture,
energy including hydroelectric power, and education including
vocational training.
Lord's Resistance Army (LRA).--The Committee includes
section 7043(e) requiring that funds be made available for
areas in countries affected by the LRA. The Committee directs
not less than $10,000,000 from the State Africa Regional and
USAID Regional programs to support the goals of the Lord's
Resistance Army Disarmament and Northern Uganda Recovery Act
(Public Law 111-172), including for programs 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. The Committee includes a new
reporting requirement on progress toward the goals of the
Administration's counter-LRA strategy and the policy objectives
of Public Law 111-172.
South Sudan.--The Committee recommendation supports the
budget request. The Committee expects that funds will be used
to continue programs that promote rule of law, good governance
through strong democratic institutions, and economic growth.
Sudan.--The Committee directs that not more than the fiscal
year 2012 level be made available for assistance for Sudan and
notes that section 7043 prohibits funds from being provided
directly to the Government of Sudan.
The Committee is deeply concerned about the ongoing
violence in Sudan, including in Darfur, Southern Kordofan, and
Blue Nile and the continued conflict between Sudan and South
Sudan. The Committee notes that the humanitarian situation in
the border region has deteriorated because of ongoing violence
and the prevention of humanitarian access to the region by the
Government of Sudan. The Committee urges the Administration to
continue to prioritize all diplomatic and development efforts
to address the immediate humanitarian crisis and resolve
outstanding issues laid out in the Comprehensive Peace
Agreement for long-term stability and economic development for
the region.
Zimbabwe.--The Committee recommendation supports the budget
request for Zimbabwe. The Committee remains concerned about the
lack of progress in Zimbabwe on respect for democratic
freedoms, economic growth, human rights, and meeting the needs
of its people. The Committee expects the highest level of
transparency for these programs and that funds will be provided
to civil society and other democratic forces in the country.
Asia
Burma.--The Committee recommends that funds provided for
Burma, including along the Thai-Burma border, should support
programs for independent media activities.
China.--The Committee recommendation includes a prohibition
on direct assistance to the Government of China from this
account.
Tibet.--The Committee recommendation continues assistance
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 autonomous areas in the People's Republic of
China.
Europe and Eurasia
The Committee recommendation merges assistance previously
appropriated under Assistance for Eastern Europe, Eurasia, and
Central Asia (AEECA) for countries in this region into Global
Health Programs, International Narcotics Control and Law
Enforcement (INCLE) and this heading, as requested. The
Committee believes that the United States retains a long-term
national security interest in these countries becoming stable,
market-based democracies, and supports continued engagement
with the region, including through foreign assistance programs.
The Committee notes that the Coordinator of United States
Assistance to Europe and Eurasia for the region has helped to
align assistance with foreign policy priorities, develop whole-
of-government assistance strategies for each country, and
leverage resources from other international donors. The
Committee does not intend for the merger of accounts to in any
way diminish support for the region or the role of the
Coordinator.
Armenia.--The Committee recommendation includes not less
than $40,000,000 for assistance to Armenia under Global Health
Programs, International Narcotics Control and Law Enforcement,
and this heading, which is the same as the fiscal year 2012
enacted level.
International Fund for Ireland.--The Committee
recommendation does not include funds for the International
Fund for Ireland.
Nagorno-Karabakh.--The Committee continues to support a
peaceful settlement of the ongoing dispute between Armenia and
Azerbaijan over the status of Nagorno-Karabakh. As this process
moves forward, the Committee continues to urge all parties to
refrain from threats of violence and to support confidence-
building measures that facilitate interaction among the
parties, in order to address regional security and people-to-
people programs. The Committee expects that funds provided will
address ongoing humanitarian needs and the plight of the
victims of the conflict, including at least $5,000,000 for
humanitarian and development programs in Nagorno-Karabakh.
Georgia.--The Committee directs the Coordinator of United
States Assistance to Europe and Eurasia at the Department of
State, in consultation with the Chief Executive Officer of the
Millennium Challenge Corporation, to report to the Committees
on Appropriations describing the effects of United States
assistance from fiscal years 2005-2012 of programs conducted in
Samstskhe-Javakheti and a strategy for future development of
this region.
Ukraine.--The Committee continues to encourage efforts to
strengthen democratic processes, accountable governance,
independent media, judicial reform, and anti-corruption efforts
in Ukraine. The Committee is concerned about recent declines in
democratic governance, particularly the abuse of power to
create unfair conditions for political competition, and
encourages close monitoring by the Department of State of
upcoming national elections.
Near East
Egypt.-- The Committee recommendation includes $250,000,000
under this heading for assistance for Egypt, which is the same
as the fiscal year 2012 enacted level and the request. The
Committee recognizes that the success of Egypt's economy is
critical to maintaining stability in the region. The Committee
notes, however, that changes within Egypt over the last year
necessitate additional oversight of these funds by the
Congress. For that reason, the Committee includes requirements
in sections 7042 and 7015 of this Act that must be met prior to
the obligation of funds for Egypt. The Committee notes that
section 7042(a)(1)(C) contains new language requiring the
Secretary of State to consult the Committees on Appropriations
prior to any decision to waive the requirements in section
7042(a)(1)(B); and section 7015(f) contains new language
requiring that the Committees on Appropriations must be
notified 15 days in advance of the obligation of funds for
Egypt.
The Committee directs the Secretary of State to submit a
report to the Committees on Appropriations, not later than 90
days after enactment of this Act, detailing the status of human
rights within Egypt. The report should include whether the
Government of Egypt is providing adequate protection for
religious minorities, including protection of Coptic
Christians, their property, and places of worship.
The Committee directs the Secretary of State to report to
the Committees on Appropriations, not later than 90 days after
enactment of this Act, on all assistance provided under this
heading for Egypt from fiscal year 2008 through 2012. The
report should include the following: (1) the ministries,
agencies, or instrumentalities of the Government of Egypt that
received funding; (2) United States, international, or Egyptian
organizations that received funding; (3) a description of the
purpose of each program, project, or activity; (4) whether each
program, project, or activity complied with mandatory audit
requirements; and (5) a description of whether each program,
project, or activity fulfilled its stated purpose.
Jordan.--The Committee recommendation includes $360,000,000
for assistance for Jordan, which is the same as the request.
The Committee directs that an additional $50,000,000 of the
funds included for Middle East Response be provided to Jordan
to address urgent needs that have developed as a result of
unrest in the region. The Committee recognizes Jordan's
continuing leadership and commitment to advancing efforts to
bring peace between Israelis and Palestinians and notes
Jordan's contributions to the international security forces in
Afghanistan.
Lebanon.--The Committee recommendation includes not less
than $12,000,000 for scholarships for Lebanese students with
high financial need to attend educational institutions in
Lebanon that meet standards comparable to those required for
American accreditation. The Committee directs that these funds
be awarded through an open and competitive process.
Middle East Regional Cooperation Program.--The Committee
recommendation includes not less than $5,000,000 for the Middle
East Regional Cooperation Program to support collaborative
research between Arab and Israeli scientists and other forms of
technical cooperation between Arab and Israeli scientists,
students, and communities on topics relevant to development in
the Middle East.
Tunisia.--The Committee notes the positive steps taken in
Tunisia toward a peaceful democratic transition and includes
$10,000,000, which is the same as the request. The Committee
supports making additional funds available for Tunisia from
funds described under Middle East Response under this heading.
West Bank and Gaza.--The Committee recommendation continues
the prohibition of economic assistance to the Palestinian
Authority if they obtain the same standing as a member state or
full membership as a state at the United Nations, or any
specialized agency, outside of a negotiated agreement with
Israel. The Committee includes a new requirement that prior to
the obligation of economic assistance for the West Bank and
Gaza, the Secretary of State must certify that the assistance
is advancing Middle East peace, improving security in the
region, or supporting critical and immediate humanitarian
needs.
Western Hemisphere
Caribbean Basin Security Initiative (CBSI).--The Committee
recommendation includes $26,200,000 for CBSI, which is the same
as the request. The Committee intends that these funds will be
used to support efforts to build capacity within the judicial
sector to investigate and manage prosecutions adequately and
build effective oversight mechanisms to combat corruption of
government officials.
Central America Regional Security Initiative (CARSI).--The
Committee recommendation includes $47,500,000 for CARSI, which
is the same as the request. The Committee intends that these
funds will support judicial reform, economic and social
development targeted to reduce gangs and drug trafficking, and
rule of law efforts including re-establishing effective state
presence in areas of high risk.
Colombia.--The Committee recommendation includes
$155,000,000 for Colombia, which is the same as the request,
and is to be apportioned directly to USAID for continued
support of new and ongoing development programs. The Committee
endorses the proposed use of funds in the request to support
conflict-affected populations including Afro-Colombians and
other indigenous communities and refugees that have been
displaced from Colombia. The Committee recommends that the
Secretary of State continue to work with the UNHCR, and other
relevant international partners and governments to seek
appropriate and durable solutions for Colombian refugees.
Within the total provided for Colombia in this account, not
less than $7,000,000 shall be transferred to the Migration and
Refugee Assistance account to help address these concerns.
The Committee is encouraged by the Government of Colombia's
emphasis on victims' restitution and land return. The Committee
expects United States diplomacy and assistance programs to
assist the Colombian Government in developing plans for local
communities, in consultation with those communities, and with
emphasis on strengthening local civilian governments.
Cuba.--The Committee recommendation includes $20,000,000
for Cuba, which is the same as the fiscal year 2012 enacted
level and $5,000,000 above the request. The Committee directs
that these funds shall be provided directly to the National
Endowment for Democracy (NED) for programs to promote democracy
and strengthen civil society in Cuba as authorized by section
109(a) of the Cuban Liberty and Solidarity (LIBERTAD) Act of
1996 and section 1705 of the Cuban Democracy Act (CDA) of 1992.
The Committee expects NED to work with the core institutes and
other grantees that have extensive, continuous, and current
experience in Cuba. Assistance provided for Cuba under this
heading shall not be used for business promotion, economic
reform, social development, or other purposes not expressly
authorized by section 109(a) of the LIBERTAD Act.
Haiti.--The Committee is concerned about the number of
Haitians that remain displaced and continue to suffer from
gender-based violence, internal displacement, cholera, and lost
livelihoods after the earthquake that struck Haiti in 2010.
While the Committee recognizes the complex challenges facing
Haiti, these conditions continue despite more than a billion
dollars of assistance provided by the United States in
immediate response to the earthquake and additional annual
appropriations provided since that time. The Committee directs
USAID and the State Department to report to the Committees on
Appropriations, not later than 30 days after enactment of this
Act, on the assistance provided to Haiti since 2010, including
obligation and expenditure data, overall progress of the
rebuilding and development efforts, and the mechanisms in place
for consultation and participation of the Haitian government,
civil society, grassroots networks, and the Haitian Diaspora.
Mexico.--The Committee recommendation includes $35,000,000
for assistance for Mexico, which is the same as the request. An
additional $33,350,000 is included for Mexico under Development
Assistance. The Committee expects this assistance to be
directed only to programs for rule of law and human rights,
good governance, civil society, education, and private sector
competitiveness. The Committee supports USAID's border
development programs to address the root causes of violence and
instability, including poverty and unemployment of border
residents.
The Committee notes the report required in the explanatory
statement accompanying the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(Public Law 112-74) has not been submitted to the Committee and
directs that an additional report be submitted for fiscal year
2013 detailing how programs funded under this heading and under
Development Assistance are addressing the root cause of
violence and instability.
Venezuela.--The Committee does not support the proposed
decrease in funding for democracy programs in Venezuela and
directs that $5,000,000 be made available for these programs,
which is the same as the fiscal year 2012 enacted level.
Global and Regional Programs
Middle East Response.--The Committee recommendation does
not include the Middle East and North Africa Incentive Fund as
requested, but provides $175,000,000 under this heading and
$25,000,000 under Foreign Military Financing to promote
regional peace and security, political and economic reform, and
stabilization efforts in the Middle East and North Africa. Of
these funds, the Committee directs $70,000,000 for the Middle
East Partnership Initiative (MEPI), $5,000,000 for USAID's
Office of Middle East Partnerships, and not less than
$50,000,000 for Jordan.
The Committee continues to support the role that American
educational institutions play in promoting democratic
principles by providing educational opportunities to students
in the region. Of the amounts provided for MEPI programs,
$10,000,000 should be used to continue a scholarship program to
educate students from countries with significant Muslim
populations at not-for-profit institutions of higher education
that meet the standards comparable to those required for
American accreditation. These funds are to be awarded through
an open and competitive process. The Committee supports efforts
to promote peace and stability in the Middle East including
programs that combat incitement and propaganda.
The Committee is troubled by the ongoing violence in Syria
and notes that funds under this heading should continue to be
made available to assist the Syrian people. All funds for Syria
are subject to the notification procedures of the Committees on
Appropriations, pursuant to section 7015(f) of this Act.
National Ocean Policy.--The Committee understands that no
funds are requested in fiscal year 2013 for the implementation
of the National Ocean Policy. The Committee recommendation
includes no funding for this purpose. The Committee further
notes that any funds obligated in support of this policy are
subject to the notification requirements contained in this Act.
Parliamentary exchanges.--The Committee recommendation
includes $1,900,000 for the House Democracy Partnership
programs, which is the same as the fiscal year 2012 enacted
level.
Polio.--The Committee supports the budget request under
this heading for polio eradication.
Rule of law.--The Committee believes the rule of law is
fundamental to promoting democracy and sustainable development.
The Committee notes that the rule of law is strengthened by
promoting independent judiciaries, human rights and women's
rights, combating human trafficking and corruption, and
increasing public accountability and access to justice. The
Committee directs continued support for these programs that
advance the rule of law worldwide.
Trafficking in persons.--The Committee recommendation
includes not less than $38,207,000 under this heading,
International Narcotics Control and Law Enforcement, and
Development Assistance for activities to combat trafficking in
persons internationally, which is the same as the request. The
Committee also includes the request level under Diplomatic and
Consular Programs for the State Department Office to Monitor
and Combat Trafficking in Persons. The Committee urges the
Secretary of State and the Administrator of USAID to continue
to incorporate efforts to combat human trafficking and slavery
into all aspects of foreign assistance and expects that systems
are in place to ensure programs contribute to decreasing
vulnerability to, or prevalence of, human trafficking and
slavery, consistent with the Trafficking Victims Protection Act
of 2000.
The Committee urges the Bureau of Democracy, Human Rights
and Labor at the Department of State to continue its efforts to
combat human trafficking and exploitative labor practices
overseas.
The Committee directs the Ambassador-at-Large for Combating
Human Trafficking to include in the next Trafficking in Persons
Report a section on best practices in slavery eradication to
highlight innovations and partnerships in prevention,
protection, and prosecution of the perpetrators of trafficking;
and a section to highlight the vulnerability of refugee
populations to human trafficking and to make recommendations
for the prevention of refugee trafficking.
The Committee expects that the President's Interagency Task
Force on Human Trafficking and the Senior Policy Operating
Group should include the Director of the Peace Corps.
Vulnerable populations.--The Committee continues to support
health, rehabilitation, education, and welfare programs in
cooperation with local partners to promote the well-being of
vulnerable populations, such as the aged, people with
disabilities, children at risk, and refugees.
DEMOCRACY FUND
Fiscal year 2012 enacted level........................ $114,770,000
Fiscal year 2013 request.............................. 0
Committee recommendation.............................. 119,770,000
Change from request............................... +119,770,000
Change from enacted level......................... +5,000,000
The Committee recommendation includes $119,770,000 for
Democracy Fund, which is $5,000,000 above the fiscal year 2012
enacted level and $119,770,000 above the request.
Democracy Funds included under this heading were requested
under the Development Assistance and Economic Support Fund
headings. Of the funds provided, $70,500,000 shall be for the
Human Rights and Democracy Fund of the Bureau of Democracy,
Human Rights, and Labor (DRL), at the Department of State; and
$49,270,000 shall be for the Office of Democracy and Governance
of the Bureau for Democracy, Conflict and Humanitarian
Assistance at USAID.
The Committee notes the technical expertise of both DRL and
USAID's Office of Democracy and Governance in global democracy
promotion to respond quickly and effectively to political
events on the ground and to create both short-term and long-
term strategies to strengthen democracy. The Committee includes
section 7032, a new provision on democracy promotion that
consolidates and modifies related provisions in current law.
The Committee notes that democracy promotion activities in this
Act are not subject to prior approval by foreign governments
and requires the Secretary of State to report to the Committees
on Appropriations on steps taken to ensure compliance with this
prohibition in section 7032.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
Fiscal year 2012 enacted level\1\..................... $1,639,100,000
Fiscal year 2013 request.............................. 1,625,400,000
Committee recommendation.............................. 1,454,400,000
Change from request............................... -171,000,000
Change from enacted level......................... -184,700,000
\1\In addition, the fiscal year 2012 enacted level and the Committee
recommendation include funds under this heading in title VIII
designated OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The Committee recommendation includes $1,454,400,000 for
Migration and Refugee Assistance, which is $184,700,000 below
the fiscal year 2012 enacted level and $171,000,000 below the
request. Additional funds are provided under title VIII for
OCO/GWOT. When combined with the funds appropriated for
Emergency Refugee and Migration Assistance Fund, the amount
recommended is consistent with the five-year average
appropriation for refugee assistance.
Afghanistan.--The Committee is concerned with the dramatic
rise in conflict-induced displacement in Afghanistan. The
Committee urges the Special Representative for Afghanistan and
Pakistan to ensure that United States Government strategies to
address these issues, such as the Country Assistance Strategy,
are incorporated into other existing regional and planned
international development strategies.
Colombian refugees.--In addition to funds available under
this heading, the Committee recommendation includes a transfer
of $7,000,000 from funds available under the Economic Support
Fund heading to this heading for assistance to nongovernmental
and international organizations that provide assistance to
Colombian refugees in neighboring countries. The Committee
remains concerned about the unmet humanitarian needs of the
growing population of displaced persons from Colombia. The
Committee recommends that the Secretary continue to work with
UNHCR and other relevant international partners and governments
to seek appropriate and durable solutions for Colombian
refugees.
The Committee remains concerned about ongoing refugee
crises in the Western Hemisphere, including Colombian refugees,
and urges the Secretary of State to continue programs to
provide urgent protection and assistance. The Committee expects
the Department of State to brief the Committees on
Appropriations, not later than 60 days after enactment of this
Act, on plans for these programs in fiscal year 2013, including
the strategy for involving international and nongovernmental
organizations.
Minority communities in the Middle East.--Recent events in
the Middle East, from the Arab Spring and unrest in Syria to
the continued transition in Iraq, have intensified the
challenges facing minority communities, including Armenian and
other Christian populations, within these areas of conflict,
instability, and transition. The Committee urges the Secretary
of State to continue support of humanitarian and resettlement
assistance for members of these vulnerable communities.
Protracted refugee situations.--The Committee supports the
initiative of the Department of State's Bureau of Population,
Refugees, and Migration on six protracted refugee situations
(Afghans in Pakistan, Bhutanese in Nepal, Burmese in Thailand,
Croatians and Bosnians in Serbia, Liberians in West Africa and
Somalis in Kenya). The Committee encourages the Department of
State to continue its work on the initiative and its
collaboration on implementation with USAID, international
organizations, UNHCR, and non-governmental organizations.
Resettlement in Israel.--The Committee recommendation
includes not less than $15,000,000 for refugees from the former
Soviet Union, Eastern Europe, and other refugees resettling in
Israel, the same as the request.
Sudan and South Sudan.--The Committee urges the Secretary
of State to press the governments of Sudan and South Sudan, and
the international community, to take all possible measures to
avoid the creation of a large stateless population.
Syrian refugees.--As the situation in Syria deteriorates,
the Committee urges the Department of State to work with
neighboring countries to keep borders open to those fleeing
violence and to provide access to schools and medical
facilities.
The Committee understands that effective expansion of
relief efforts in the region associated with the unrest in
Syria will require increased partnerships with local, non-
governmental organizations and community-based organizations.
The Committee encourages the Department of State to further
diversify these partnerships.
Tibetan refugees.--The Committee urges the Secretary of
State to continue, at not less than the fiscal year 2012 level,
the allocation of funds in support of Tibetan refugees in Nepal
and India. The Committee remains concerned about the plight of
Tibetans in Nepal, including new arrivals and the long-staying
population. The Committee urges the Secretary of State to press
the Government of Nepal to reaffirm its long tradition of
permitting Tibetan refugees to safely transit Nepal, and to
respect the rights of, and provide legal protections to,
Tibetans residing in Nepal. In addition, the Committee
encourages the Department of State to continue to engage the
Government of Nepal on durable solutions, including enactment
of a refugee law, providing status to undocumented Tibetan
refugees, and resettlement of Tibetan refugees in the United
States.
United Nations Relief and Works Agency (UNRWA)
accountability.--The Committee recommendation includes a
general provision in title VII prohibiting any funds
appropriated under this heading from being made available to
UNRWA until the Secretary of State determines and reports to
the Committees on Appropriations that UNRWA is:
(1) utilizing Operations Support Officers in the West
Bank and Gaza to inspect UNRWA installations and
reporting any inappropriate use;
(2) acting promptly to deal with any staff or
beneficiary violation of its own policies (including
the policies on neutrality and impartiality of
employees) and the legal requirements under section
301(c) of the Foreign Assistance Act of 1961;
(3) taking necessary and appropriate measures to
ensure it is operating in compliance with the
conditions of section 301(c) of the Foreign Assistance
Act of 1961 and continuing regular reporting to the
Department of State on actions it has taken to ensure
conformance with such conditions;
(4) taking steps to improve the transparency of all
educational materials currently in use in UNRWA-
administered schools;
(5) using curriculum materials in UNRWA-supported
schools and summer camps designed to promote tolerance,
non-violent conflict resolution and human rights;
(6) not engaging in operations with financial
institutions or related entities in violation of
relevant United States law and is enhancing its
transparency and financial due diligence and working to
diversify its banking operations in the region; and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is
implementing in a timely fashion the Board's
recommendations.
The Committee remains concerned about reports of host
country textbooks used in UNRWA schools that include
inflammatory and inaccurate information about the United States
and the State of Israel, anti-Semitic teaching, as well as the
glorification of terrorists. The Committee notes that UNRWA
schools serve as an alternative to Hamas schools in Gaza and
have undertaken efforts to include human rights and non-violent
conflict resolution training in their curriculum. The Committee
urges the Department of State to continue its work with UNRWA
and host governments to ensure educational materials used in
UNRWA schools are free of such inflammatory and inaccurate
information and to report to the Committees on Appropriations
on the additional steps taken to mitigate the use and influence
of such material and any recommendations for improving
transparency and accuracy of host country textbooks.
Vulnerable populations.--The Committee encourages the
Department of State to proactively identify and process new
groups for resettlement, including Congolese refugees
throughout Africa, Chin refugees in Mizoram State and in New
Delhi, Colombian, Somali, and Sudanese refugees, as well as
other populations of concern.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
Fiscal year 2012 enacted level........................ $27,200,000
Fiscal year 2013 request.............................. 50,000,000
Committee recommendation.............................. 47,000,000
Change from request............................... -3,000,000
Change from enacted level......................... +19,800,000
The Committee recommendation includes $47,000,000 for
United States Emergency Refugee and Migration Assistance Fund
(ERMA), which is $19,800,000 above the fiscal year 2012 enacted
level and $3,000,000 below the request.
This account serves as a contingency fund from which the
President can draw in order to respond to urgent and
unanticipated humanitarian crises in a constantly changing
international environment.
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
Fiscal year 2012 enacted level........................ $375,000,000
Fiscal year 2013 request.............................. 374,500,000
Committee recommendation.............................. 375,000,000
Change from request............................... +500,000
Change from enacted level......................... 0
The Committee recommendation includes $375,000,000 for
Peace Corps, which is the same as fiscal year 2012 enacted
level and $500,000 above the request.
The Committee recommendation for Peace Corps will provide
support for the positive contributions of Americans serving as
volunteers throughout the world. The Committee recommendation
maintains the ban on use of funds for abortion, and requires a
spend plan pursuant to title VII.
The Committee notes that following the enactment of the
Kate Puzey Peace Corps Volunteer Protection Act (Public Law
112-57), Peace Corps has codified existing sexual assault risk-
reduction and response operations and has begun to implement
new measures. The Committee supports Peace Corps' continued
efforts to improve the safety and security of volunteers as a
top priority.
The Committee continues the requirement that Peace Corps
consult with and notify the Committees on Appropriations prior
to any decisions to open, close, significantly reduce, or
suspend an office or country program. The Committee directs the
Director of the Peace Corps to submit a report, not later than
180 days after enactment of this Act and every 180 days
thereafter, listing all notified decisions on the status of
offices or country programs in the previous six months and the
justifications for such decisions.
MILLENNIUM CHALLENGE CORPORATION
Fiscal year 2012 enacted level........................ $898,200,000
Fiscal year 2013 request.............................. 898,200,000
Committee recommendation.............................. 898,200,000
Change from request............................... 0
Change from enacted level......................... 0
The Committee recommendation includes $898,200,000 for the
Millennium Challenge Corporation (MCC), which is the same as
the fiscal year 2012 enacted level and the request. The
Committee directs that not more than $105,000,000 shall be for
administrative expenses and not more than $100,000 may be for
representational expenses, the same as the fiscal year 2012
levels.
The Committee includes prior year language that requires
the MCC to only enter into compacts for which it has complete
funding available from existing appropriations and notify prior
to signing any new country compact or new threshold country
program, terminating or suspending any country compact or
threshold country program, or commencing negotiations for any
new compact or threshold country program.
MCC is directed to consult with the Committees on
Appropriations prior to entering into compacts using funds
appropriated under this Act.
Board of Directors.--The Committee urges the Administration
to expedite the filling of current vacancies on the MCC's Board
of Directors, as required by section 604 of the Millennium
Challenge Corporation Act of 2003.
Corruption.--The Committee directs the MCC to submit a
report to the Committees on Appropriations, not later than 90
days after enactment of this Act, which includes an updated
assessment of the current practices, procedures, and
recommendations for improvements in assessing patterns of
corruption in MCC partner countries. This review should include
updated recommendations for improvements in the MCC's ability
to identify and track patterns of corruption, the MCC's process
for determining the actions necessary to inhibit corruption,
and the process to determine if the level of corruption
warrants termination or suspension of the MCC compact.
Investment funds.--The Committee remains concerned about
the use of appropriated funds to establish private equity
funds, investment funds, and development funds. As in prior
years, the Committee directs the Chief Executive Officer (CEO)
of the MCC to require that such funds be audited annually in
accordance with generally accepted auditing standards by
independent certified public accountants.
Additionally, the Committee directs the CEO of the MCC to
provide an annual written report to the Committees on
Appropriations, not later than 120 days after enactment of this
Act, that includes the following information for each fund: the
identity, selection process, and professional background of
current and past managers; the fees and compensation currently
provided to senior management; the level of MCC financing
provided at the end of the previous fiscal year; a
comprehensive and detailed description of the fund's
operations, activities, financial condition, and
accomplishments for the preceding fiscal year; and the audit
plan for each fund.
MCC mandate.--The Committee expects that the mandate of the
MCC to increase economic growth and reduce poverty will not be
diluted in new compacts that are being negotiated. The
Committee expects that projects funded with MCC compact funds
will display compelling economic rates of return (ERR).
Therefore, the Committee directs the CEO of the MCC to include
the corresponding ERR estimated for each line item funded in
the compact in the congressional notifications for new
compacts.
Reporting requirements.--In the fiscal year 2013 operating
plan transmitted to the Committees on Appropriations, as
required by title VII, the CEO of the MCC is directed to
include the following on a country-by-country basis on the
funds appropriated under this heading: the status of
negotiations and the approximate range of value of proposed
compacts; a summary of compacts in implementation, including
the projected expenditure and disbursement of compact funds
during fiscal year 2013 and subsequent fiscal years as
determined by the country compact; a summary of threshold
country programs in implementation and development, including
the approximate range of value of the threshold country
agreements; major programmatic changes to existing compacts
funded by this Act or prior acts; and the use of administrative
funds. The Committee directs the CEO of the MCC to update this
report semi-annually.
INTER-AMERICAN FOUNDATION
Fiscal year 2012 enacted level........................ $22,500,000
Fiscal year 2013 request.............................. 18,100,000
Committee recommendation.............................. 18,100,000
Change from request............................... 0
Change from enacted level......................... -4,400,000
The Committee recommendation includes $18,100,000 for
Inter-American Foundation (IAF), which is $4,400,000 below the
fiscal year 2012 enacted level and the same as the request. The
Committee notes that the IAF continues to provide targeted
micro-enterprise and community-based programs throughout the
region.
The Committee directs the IAF to consult with the
Committees on Appropriations prior to exercising the authority
in section 7025 of this Act.
The Committee notes that the IAF must submit an operating
plan to the Committees on Appropriations as required in title
VII of this Act.
AFRICAN DEVELOPMENT FOUNDATION
Fiscal year 2012 enacted level........................ $30,000,000
Fiscal year 2013 request.............................. 24,000,000
Committee recommendation.............................. 24,000,000
Change from request............................... 0
Change from enacted level......................... -6,000,000
The Committee recommendation includes $24,000,000 for
African Development Foundation (ADF), which is $6,000,000 below
the fiscal year 2012 enacted level and the same as the request.
The Committee directs the ADF to consult with the
Committees on Appropriations prior to exercising the authority
in section 7025 of this Act.
The Committee notes that the ADF must submit an operating
plan to the Committees on Appropriations as required in title
VII of this Act.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
Fiscal year 2012 enacted level\1\..................... $25,448,000
Fiscal year 2013 request.............................. 25,448,000
Committee recommendation.............................. 25,448,000
Change from request............................... 0
Change from enacted level......................... 0
\1\In addition, the fiscal year 2012 enacted level includes funds under
this heading in title VIII designated OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
The Committee recommendation includes $25,448,000 for
International Affairs Technical Assistance by the Department of
the Treasury, which is the same as the fiscal year 2012 enacted
level and the request.
The Committee recommends that the Office of the United
States Global AIDS Coordinator at the Department of State and
the USAID Bureau for Global Health consider accessing technical
advisors from the Department of the Treasury when programming
funds for procurement and oversight capacity building in
recipient countries.
Other Department of the Treasury Reports
Libya.--The Committee directs the Secretary of the
Treasury, in consultation with the Secretary of State, to
report to the Committees on Appropriations on the amount of
Qaddafi family assets that remain blocked by the United States
Government pursuant to Executive Order 13566.
DEBT RESTRUCTURING
Fiscal year 2012 enacted level........................ $12,000,000
Fiscal year 2013 request.............................. 250,000,000
Committee recommendation.............................. 0
Change from request............................... -250,000,000
Change from enacted level......................... -12,000,000
The Committee recommendation includes no funds for Debt
Restructuring by the Department of the Treasury, which is
$12,000,000 below the fiscal year 2012 enacted level and
$250,000,000 below the request.
The Committee condemns the ongoing violence occurring along
the border between Sudan and South Sudan. The Committee does
not include funding for any debt cancellation for the Sudanese
government and continues to include a prohibition in section
7043 of this Act.
TITLE IV--INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
Fiscal year 2012 enacted level\1\.................... $1,061,100,000
Fiscal year 2013 request............................. 1,456,502,000
Committee recommendation............................. 1,061,100,000
Change from request.............................. -395,402,000
Change from enacted level........................ 0
\1\In addition, the fiscal year 2012 enacted level, the fiscal year 2013
request, and the Committee recommendation include funds under this
heading in title VIII designated OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
The Committee recommendation includes $1,061,100,000 for
International Narcotics Control and Law Enforcement (INCLE),
which is the same as the fiscal year 2012 enacted level and
$395,402,000 below the request. Additional funds are provided
under title VIII for OCO/GWOT.
The Committee includes assistance under this heading for
countries previously included under Assistance for Europe,
Eurasia, and Central Asia (AEECA).
The Committee has not included the requested provision that
would allow funds previously appropriated to the Andean region
under the Andean Counterdrug Programs and Andean Counterdrug
Initiative headings to be reprogrammed without regard to
geographic or purpose limitations. The Committee intends that
funds previously appropriated to the Andean region shall be
used within that region.
The Committee recommendation continues language that
requires the Secretary of State to provide to the Committees on
Appropriations, not later than 45 days after enactment of this
Act, and prior to the initial obligation of funds, a report on
the proposed uses of all funds on a country-by-country basis
for each proposed program, project, or activity. The Committee
notes that this report does not meet the notification
requirements under section 7015, which requires 15-day advance
notice of programs not justified or in excess of the budget
justification materials provided to Congress. However, this
report should serve as a baseline spend plan for the fiscal
year. The Committee expects the report to contain at least the
level of detail provided in the fiscal year 2010 INCLE 45-day
country-by-country report.
The Committee notes that under extenuating circumstances,
the Department of State must exercise authority that allows
funds to be spent ``notwithstanding any other provision of
law'' per section 481(a)(4) of the Foreign Assistance Act of
1961. While the Committee understands the need for the
Department to exercise this authority, the Committee strongly
encourages its judicious use and directs the Secretary of State
to notify the Committees on Appropriations in writing within
five days each time such authority is used, and provide a
justification for such action.
Global Programs
Demand reduction.--The Committee supports the budget
request for demand reduction programs and expects that these
funds will continue to provide positive outcomes for neglected
populations, such as women and children, and mobilize community
capacity to deal with drugs and gangs in countries around the
world.
Human rights.--The Committee expects the Department of
State to continue to ensure that training provided through
funds made available under this heading include a human rights
component and that all existing United States laws regarding
human rights are applied.
Judicial reform.--The Committee notes that fair and
transparent justice systems are critical components to improve
the rule of law and the administration of justice particularly
in countries confronting organized crime and drug trafficking.
The Committee directs that funds be made available to support
programs that strengthen and promote independent and effective
judiciaries to advance the rule of law worldwide.
Trafficking in persons.--The Committee recommendation
supports the request of $24,786,000 in INCLE funding for
activities to prevent trafficking in persons. The Committee
recommendation also provides funds under Diplomatic and
Consular Programs, Economic Support Fund, and Development
Assistance for trafficking programs.
Country and Regional Programs
Afghanistan, Pakistan, and Iraq.--The Committee
recommendation includes additional funds for the front-line
states of Afghanistan, Pakistan, and Iraq under title VIII of
this Act.
Bolivia.--The Committee remains concerned with the
Government of Bolivia's commitment to combat transnational
crime and support interdiction efforts. The Committee
recommendation includes language carried in the prior year
requiring that the Secretary of State determine and report that
providing assistance is in the national security interest.
Colombia.--The Committee recommendation includes
$142,000,000 which is the same as the request, for rule of law,
interdiction, and eradication activities in Colombia. The
Committee continues to recognize the strategic importance of
Colombia, and acknowledges the successes made and the
measurable improvements achieved in the everyday lives of the
Colombian people that have resulted over the last decade.
In addition to funds provided in the previous paragraph,
the Committee recommends $18,600,000 to support the efforts of
the Government of Colombia to provide training and technical
assistance to partners in the region and around the world. The
Committee encourages the Department of State to work with the
Government of Colombia to leverage these activities to best
address counternarcotics and law enforcement challenges
worldwide.
The Committee continues to support aerial eradication
efforts in Colombia and intends that the Department of State
will continue its current practices to: 1) investigate and
evaluate complaints to health or licit crops and provide fair
compensation for meritorious claims; 2) support programs that
provide alternative sources of income for small-acreage growers
and communities whose illicit crops are targeted in aerial
eradication programs; and 3) only conduct aerial eradication
programs in national parks and reserves if there are no other
effective alternatives and efforts, and if such programs are
done in a manner consistent with Colombian law.
The Committee commends the Government of Colombia for its
efforts to bring the government into ungoverned territories and
supports programs that combine military security and civilian
development strategies. The Committee views this as an
innovative approach, and notes that success hinges on the full
participation of civilian government institutions, inter-agency
coordination, strict respect for human rights, and the
inclusion of local populations.
The Committee encourages a continued focus on justice and
rule of law activities, including efforts to address human
rights abuses within the Colombian Armed Forces, and provides
not less than the requested amount for these activities. The
Committee directs the Secretary of State to report, not later
than 45 days after the enactment of this Act, on the proposed
uses of funding for Colombia's judicial agencies. The report
should include how assistance is designed to reduce impunity
and protect due process, and include any associated benchmarks
that have been established for the offices of the Colombian
Attorney General, Inspector General, and Ombudsman. The
Committee encourages the Department of State to support the
Attorney General's Human Rights Unit to strengthen the
investigative capacity to address sexual violence and to
establish a national registry of sexual violence cases.
In section 7045, the Committee directs the Secretary of
State to submit a report to the Committees on Appropriations,
not later than 60 days after enactment of this Act, on the
efforts the Colombian Armed Forces are taking to address human
rights. The report shall include steps taken to: 1) suspend
members who have been credibly alleged to have violated human
rights, or to have aided, abetted or benefitted from
paramilitary organizations or other illegal armed groups; 2)
promptly refer these cases to civilian jurisdiction; 3)
cooperate fully with civilian prosecutors and judicial
authorities; 4) sever links with and dismantle paramilitary
organizations or other illegal armed groups; 5) respect the
rights of human rights defenders, journalists, trade unionists,
and other social activists, and the rights and territory of
indigenous and Afro-Colombian communities; and 6) implement
procedures to distinguish between civilians and combatants in
their operations. The Committee directs the Secretary of State
to consult with Colombian and international human rights
organizations not less than 30 days prior to submitting this
report.
Guatemala.--The Committee directs that funds should be made
available for the International Commission against Impunity in
Guatemala (CICIG). The Committee urges the Department of State
to continue to cooperate with the CICIG and encourages all
parties in Guatemala to fully comply with the CICIG's
recommendations.
Liberia.--The Committee recommendation includes
$17,000,000, which is the same as the fiscal year 2012 level
for assistance for Liberia. The Committee supports a holistic
approach to the Liberian justice sector with enhanced focus on
areas such as immigration, corrections, parole and plea
bargaining, investigative capacity, prosecution capability, and
an intermediate criminal justice system.
Mexico.--The Committee recommendation includes
$248,500,000, which is the same as the fiscal year 2012 level
for assistance for Mexico to support its war against organized
crime and drug-trafficking along the United States-Mexico
border. The Committee notes the strong commitment of the
Government of Mexico to these efforts. The Committee intends
that the resources provided will assist the Government of
Mexico to strengthen civilian and judicial institutions, anti-
corruption efforts, and rule of law activities to foster long-
term reform objectives.
The Committee supports close and sustained coordination in
law enforcement efforts and intelligence-sharing between the
United States and Mexico to combat the activities of drug
trafficking organizations along our southern border. The
Committee continues to direct the Department of State to work
with all appropriate federal, state, and local entities to
create a comprehensive, joint border security strategy to
address violence associated with drug trafficking, gun-running,
illegal alien smuggling, violence, and kidnapping along and
across the international border between the United States and
Mexico.
The Committee expects that equipment and training funded in
this Act and in prior acts will be expedited to enhance the
ability of federal, state, and local entities to conduct law
enforcement, counternarcotics, and counterterrorism operations
throughout Mexico, particularly where drug trafficking
organizations are challenging the Mexican authorities for
control of major cities, including those on the United States-
Mexico border. The Committee continues to be concerned with the
delivery of assistance to Mexico and directs the Department of
State, in consultation with the Departments of Defense,
Homeland Security and Justice, to provide a report to the
Committees on Appropriations, not later than 45 days after
enactment of this Act, describing the implementation of
assistance for Mexico since fiscal year 2008 and to use all
appropriate means necessary to ensure the prompt delivery of
equipment and training. The Committee further directs these
agencies, and other relevant United States Government agencies,
to provide in such report an assessment of the transnational
criminal organizations operating in Mexico, including an
assessment of the income-generating activities of these
organizations and recommendations on how to combat the
operations, financial networks, and money laundering techniques
of such organizations. This report, or a portion thereof, may
be submitted in classified form if necessary.
The Committee directs the Secretary of State to submit a
report to the Committees on Appropriations, not later than 60
days after enactment of this Act, on the efforts of the
Government of Mexico to investigate and prosecute in the
civilian justice system, in accordance with Mexican and
international law, military and police personnel who are
credibly alleged to have violated human rights; to enforce
prohibitions on the use of testimony obtained through torture;
and the efforts of the Mexican military and police to cooperate
with civilian judicial authorities in such cases.
Partnership for Regional East Africa Counterterrorism
(PREACT).--The Committee supports the President's request for
PREACT.
Trans-Sahara Counter-Terrorism Partnership (TSCTP).--The
Committee recommendation includes $4,500,000 for TSCTP, which
is the same as the fiscal year 2012 enacted level.
Western Hemisphere Regional
Central America Regional Security Initiative (CARSI).--The
Committee strongly supports efforts to combat the corrosive
effects of drug trafficking, organized crime, and gangs in
Central America and includes $70,000,000 for these purposes,
which is an increase of $10,000,000 above the President's
request. CARSI funding will help countries enhance their law
enforcement operations and reform the justice sector, thereby
making them key partners in the fight against transnational
criminal networks. The Committee believes that cooperation
within the region is critical to ensure the security of these
countries and the United States.
The Committee directs the Department of State to submit a
report, not later than 45 days after enactment of this Act, on
the activities that were conducted with previous appropriations
and the achievements associated with those funds, as well as
activities that will be funded in fiscal year 2013 and the
goals that are expected to be reached.
Caribbean Basin Security Initiative (CBSI).--The Committee
also strongly supports CBSI in order to combat organized crime
and drug-related violence and includes $30,000,000, which is
the same as the fiscal year 2012 level. The Committee believes
that strong integration of similar programs in Mexico,
Colombia, and the countries of Central America will contribute
to enhanced security in the region and the United States.
The Committee directs the Department of State to submit a
report, not later than 45 days after enactment of this Act, on
the activities that were conducted with previous appropriations
and the achievements associated with those funds, as well as
activities that will be funded in fiscal year 2013 and the
goals that are expected to be reached.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
Fiscal year 2012 enacted level\1\..................... $590,113,000
Fiscal year 2013 request.............................. 635,668,000
Committee recommendation.............................. 590,113,000
Change from request............................... -45,555,000
Change from enacted level......................... 0
\1\In addition, the fiscal year 2012 enacted level and the Committee
recommendation include funds under this heading in title VIII
designated OCO/GWOT pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985.
The Committee recommendation includes $590,113,000 for
Nonproliferation, Anti-Terrorism, Demining and Related Programs
(NADR), which is the same as the fiscal year 2012 enacted level
and $45,555,000 below the request. Additional funds are
provided under title VIII for OCO/GWOT.
The Committee directs the Secretary of State to notify the
Committees on Appropriations in writing within five days of
exercising authority allowing funds made available under this
heading to be spent ``notwithstanding any other provision of
law'', and such notification shall include a justification of
such activities.
The Committee continues authority contained in section 301
of the Foreign Assistance Act of 1961, and intends that this
authority only apply to voluntary contributions to the
International Atomic Energy Agency and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission. The Committee expects to be consulted
prior to any other uses of this authority.
The Committee notes that language carried in section 7076
requires the submission of a spend plan for certain countries
and programs not later than 30 days after enactment of this
Act. The Committee requests that the spend plan integrate the
funds appropriated under this heading and in title VIII of this
Act for OCO/GWOT where appropriate, and the OCO/GWOT amounts
should be separately identified in the integrated plan.
The Committee recommendation does not include language
carried in the prior year regarding public-private partnerships
because the Committee understands that the State Department has
not relied on this authority in recent years. The Committee
recommendation modifies language carried in the prior year
regarding administrative expenses and caps the amount based on
historical spending levels.
Nonproliferation and Disarmament Fund (NDF).--The Committee
continues to support the NDF, and the recommendation includes
$30,000,000 for such activities. The Committee continues prior
year language requiring prior consultation on all NDF
activities. The Committee emphasizes that nonproliferation
programs of the Department of State and other Federal agencies
are critical to protect the United States, and the Committee
urges close coordination among all agencies involved in
nonproliferation activities.
International Atomic Energy Agency (IAEA).--The Committee
is concerned by the Government Accountability Office's (GAO)
findings on the IAEA's Technical Cooperation Program's
provision of assistance to state sponsors of terrorism, such as
Cuba, Syria, Iran, and Sudan. The Committee directs that such
assistance should only be provided when necessary to advance
the goals of the United States concerning promotion of peaceful
nuclear activities and nuclear non-proliferation. The Committee
directs that prior to the obligation of funds, the Secretary of
State shall report to the Committees on Appropriations on steps
taken to address the recommendations in the 2009 GAO report on
this topic.
Comprehensive Nuclear Test-Ban Treaty.--The Committee
directs that any funds provided to support the International
Monitoring System (IMS) related to the Comprehensive Nuclear
Test-Ban Treaty, including efforts to enhance the verification
regime, shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations. The Committee directs the Department of State
to submit a report, not later than 30 days after enactment of
this Act, on all IMS projects implemented by United States
Government agencies in fiscal years 2008 through 2012.
Middle East Nuclear Free Zone.--The Committee notes with
great concern Iran's continued pursuit of a nuclear weapons
capability and views such efforts as a serious threat to the
region. The Committee understands that preparatory steps are
underway for a regional conference to discuss a Middle East
zone free of weapons of mass destruction and systems for their
delivery, as referenced in the 2010 Non-Proliferation Treaty
Review Conference final document. The Committee expects the
Administration to continue to insist on its publicly stated
policies for the establishment of such a conference.
Terrorist interdiction programs.--The Committee supports
the Terrorist Interdiction Program to allow immigration and
border control officials in foreign countries to identify
suspect persons.
Counterterrorism financing.--The Committee notes that
strengthening banking services is an important component of a
comprehensive approach to counter terrorist financing and
continues to support efforts of the Departments of State and
other Federal agencies in assisting foreign countries to
detect, disrupt, and dismantle terrorist financial networks.
Countering Violent Extremism (CVE).--The Committee does not
include the requested amount for the CVE program in the NADR
account but notes that funds may be provided for such purposes
from the Economic Support Fund account.
Demining and mine victim assistance.--The Committee
recognizes the importance of mine removal, mine victim
assistance, and the proper storage and disposition of small
arms/light weapons and notes the significant contributions made
to date in helping the countries of southeastern Europe to
become mine-safe. The Committee further encourages the
Department of State to expand its work to other regions.
Unexploded ordnance destruction.--The Committee supports
continued efforts related to unexploded ordnance destruction,
particularly in Laos.
PEACEKEEPING OPERATIONS
Fiscal year 2012 enacted level\1\..................... $302,818,000
Fiscal year 2013 request.............................. 249,100,000
Committee recommendation.............................. 345,000,000
Change from request................................... +95,900,000
Change from enacted level............................. +42,182,000
\1\In addition, the fiscal year 2012 enacted level includes funds under
this heading in title VIII designated OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
The Committee recommendation includes $345,000,000 for
Peacekeeping Operations, which is $42,182,000 above the fiscal
year 2012 enacted level and $95,900,000 above the request. The
Committee provides funding for the UN logistics and support
package for the African Union Mission in Somalia under this
heading, instead of under Contributions to International
Peacekeeping Activities.
The Committee expects that notifications submitted to the
Committees on Appropriations will identify when funds are being
provided notwithstanding any other provision of law, and upon
which authority the Department is relying.
Africa.--The Committee supports the President's request for
the Democratic Republic of the Congo, Liberia, South Sudan, and
the Partnership for Regional East Africa Counterterrorism. The
Committee does not support the proposed decrease in funding for
the Trans-Sahara Counterterrorism Partnership.
Lord's Resistance Army (LRA).--The Committee supports the
President's request to assist security forces to counter the
LRA and includes section 7043(e) requiring that funds be
provided to areas affected by the LRA and a report on
implementation of the Administration's counter-LRA strategy.
Somalia.--The Committee recommendation includes language
allowing funds under this heading to be used to pay assessed
expenses of international peacekeeping activities for
logistical support to the African Union Mission in Somalia.
Should additional resources be required, the Committee includes
authority to transfer additional funds from ``Contributions for
International Peacekeeping Activities'' to this heading,
subject to prior consultation with the Committees on
Appropriations.
Near East.--The Committee recommendation includes not less
than $26,000,000 for the Multinational Force and Observers
Mission (MFO) in the Sinai. The Committee supports the work of
the MFO and notes that if additional resources are needed for
force protection enhancements during fiscal year 2013, the
Committee expects the Department of State to submit a
notification, pursuant to section 7015 of this Act.
Child soldiers.--The Committee recommendation includes
language that funds should not be used to support military
training or operations that include child soldiers.
Police.--The Committee does not include the request under
this heading for limited notwithstanding of section 660 of the
Foreign Assistance Act of 1961 for capacity building efforts of
formed police units/gendarmes to participate in peacekeeping
operations. The Committee notes that funds are requested for
similar purposes under International Narcotics Control and Law
Enforcement.
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
Fiscal year 2012 enacted level........................ $105,788,000
Fiscal year 2013 request.............................. 102,643,000
Committee recommendation.............................. 102,643,000
Change from request................................... 0
Change from enacted level............................. -3,145,000
The Committee recommendation includes $102,643,000 for
International Military Education and Training (IMET), which is
$3,145,000 below the fiscal year 2012 enacted level and the
same as the request.
The Committee notes that IMET and Expanded IMET programs
are a valuable part of United States security assistance. The
Committee recognizes that in addition to providing professional
training and education, IMET also exposes foreign students to
American democratic values, particularly respect for civilian
control of the military and the government, and for
internationally recognized standards of individual and human
rights. IMET serves as an effective tool to strengthen military
alliances and international coalitions critical to United
States national security.
Country-by-country report.--The Committee recommendation
retains language carried in the prior year requiring a detailed
description of proposed activities for each country funded in
this account. The regular notification procedures of the
Committees on Appropriations remain in effect, requiring that
the Committee be notified 15 days in advance of obligation for
any funds not justified, or in excess of amounts justified, in
the Congressional budget justification.
Armenia and Azerbaijan.--The Committee recommendation
continues the policy of parity in military assistance provided
to Armenia and Azerbaijan.
Child soldiers.--The Committee notes that no funds should
be provided for countries found to be in violation of the Child
Soldiers Prevention Act during fiscal year 2013 (Public Law
110-457).
FOREIGN MILITARY FINANCING PROGRAM
Fiscal year 2012 enacted level\1\..................... $5,210,000,000
Fiscal year 2013 request.............................. 5,472,320,000
Committee recommendation.............................. 5,210,000,000
Change from request............................... -262,320,000
Change from enacted level......................... 0
\1\In addition, the fiscal year 2012 enacted level, the fiscal year 2013
request, and the Committee recommendation include funds under this
heading in title VIII designated OCO/GWOT pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985.
The Committee recommendation includes $5,210,000,000 for
Foreign Military Financing Program (FMF), which is the same as
the fiscal year 2012 enacted level and $262,320,000 below the
request. Additional funds are provided under title VIII for
OCO/GWOT.
The Committee recognizes that FMF is a key component to
building partner nation capacity and helping allies defend
themselves. FMF provides grants for the acquisition of United
States defense equipment, services, and training. The Committee
notes that such assistance enables key allies and friendly
nations to improve defensive capabilities and fosters bilateral
military relationships with the United States and
interoperability with United States forces.
The Committee recommendation continues prior year language
allowing the Secretary of State the ability to expedite the
procurement of defense articles or services for foreign
security forces, following consultation with, and notification
of, the Committees on Appropriations.
Budget request.--The Committee directs that the classified
country-by-country budget request for this account should be
submitted for fiscal year 2014 concurrent with the submission
of the President's fiscal year 2014 budget request.
Armenia and Azerbaijan.--The Committee recommendation
continues the policy of parity in military assistance provided
to Armenia and Azerbaijan, and includes the requested level for
each country.
Bahrain.--The Committee notes the importance of Bahrain to
the United States regional security strategy. The Committee
expects the Secretary of State to report to the Committees on
Appropriations, not less than 60 days after enactment of this
Act, on the steps taken by the Government of Bahrain to protect
freedom of expression and association, and due process of law.
Colombia.--The Committee recommendation includes
$40,000,000 for assistance for Colombia and supports funds
being used for maritime interdiction and riverine operations.
Egypt.--The Committee recommendation includes
$1,300,000,000 in assistance for Egypt, which is the same as
the fiscal year 2012 enacted level and the request. The
Committee recognizes that continued military-to-military
cooperation between the United States and Egypt is critical
during this period of transition. The Committee notes, however,
that changes within Egypt over the last year necessitate
additional oversight of these funds by the Congress. For that
reason, the Committee includes requirements in sections 7042
and 7015 of this Act that must be met prior to the obligation
of funds for Egypt. The Committee notes that section
7042(a)(1)(C) contains new language requiring the Secretary of
State to consult the Committees on Appropriations prior to any
decision to waive the requirements in section 7042(a)(1)(B);
and section 7015(f) contains new language requiring that the
Committees on Appropriations must be notified 15 days in
advance of the obligation of funds for Egypt.
Guatemala.--The Committee supports the budget request for
Guatemala and notes that no funds are requested for the
Guatemalan Army, except for support for the Army Corps of
Engineers and for e-IMET courses. The Committee expects that if
the decision is made to provide assistance to the Guatemalan
Army during fiscal year 2013 other than in the manner
previously justified to the Congress, a notification will be
submitted pursuant to section 7015 of this Act. The Committee
further expects that any such notification will be accompanied
by a detailed justification describing steps made to address
the issues described under this heading in the joint
explanatory statement accompanying the Department of State,
Foreign Operations, and Related Agencies Appropriations Act
(Public Law 112-74).
Honduras.--The Committee recommendation includes language,
modified from the prior year, in section 7045, withholding
funds for Honduras until certain conditions are met.
Israel.--The Committee recommendation provides
$3,100,000,000 in grants for military assistance to Israel,
which is $25,000,000 above the fiscal year 2012 enacted level
and the same as the request. The Committee notes that of the
funds provided for assistance for Israel, not less than
$815,300,000 is available for offshore procurement of military
equipment. The Committee continues prior year language that
funds shall be made available within 30 days of enactment of
this Act.
The Committee notes that funding supports the
$30,000,000,000 ten-year Memorandum of Understanding (MOU)
signed on August 16, 2007, between the Department of State and
Israel's Ministry of Foreign Affairs, which established the
framework for United States military assistance to Israel and
calls for $3,100,000,000 in fiscal year 2013. This MOU reflects
the unshakable commitment of the United States to Israel's
security and provides for an increased level of military
assistance to help Israel maintain its technological edge in
light of the increased threats it faces in the region. The
Committee recognizes that the United States-Israel partnership
is integral to United States national security interests and
supports this framework agreement as a continuation of a
valuable strategic relationship.
Jordan.--The Committee recommendation includes $300,000,000
for assistance for Jordan, which is the same as the request.
The Committee notes that the Kingdom of Jordan continues to
play a critical role in advancing peace and stability in the
region.
Lebanon.--The Committee recommendation includes language in
section 7042 requiring that certain conditions be met prior to
the obligation of funds for Lebanon. The Committee notes that
in addition to placing conditions on assistance, language in
section 7042 requires: 1) a detailed spend plan, 2)
notifications to include specific reference to lethal military
equipment; and 3) a report on actions taken to ensure that
equipment provided to the Lebanese Armed Forces (LAF) is used
only for intended purposes. The Committee intends that
assistance provided to the LAF will not be used against Israel,
and such assistance will not affect Israel's qualitative
military edge in the region. The Committee further directs the
Secretary of State to submit a report to the Committees on
Appropriations, not later than 90 days after enactment of this
Act, in classified form if necessary, on the performance of the
LAF, including an assessment of the operational capabilities of
such forces and how the training, curriculum, and equipment
provided by the United States contributes to those
capabilities.
Libya.--The Committee recommendation includes language in
section 7042 requiring that certain conditions be met prior to
the obligation of funds for Libya. In addition, all funds are
subject to the regular notification procedures of the
Committees on Appropriations.
Mexico.--The Committee recommendation includes not less
than $7,000,000 for assistance for Mexico, which is the same as
the request.
Morocco.--The Committee supports not less than $8,000,000
for Morocco, which is the same as the request. The Committee
supports making additional funds available for Morocco from
funds described under Middle East Response under this heading,
subject to the regular notification procedures of the
Committees on Appropriations.
Oman.--The Committee supports not less than $8,000,000 for
Oman, which is the same as the request. The Committee supports
making additional funds available for Oman from funds described
under Middle East Response under this heading, subject to the
regular notification procedures of the Committees on
Appropriations.
Pakistan.--The Committee recommendation includes language
in section 7046 requiring that certain conditions be met prior
to the obligation of assistance for Pakistan. Funds may also be
made available under title VIII of this Act for assistance to
Pakistan.
Philippines.--The Committee recommendation includes not
less than $13,500,000 for the Philippines, which is the same as
the request, and notes that additional funds may be made
available pursuant to section 7015 of this Act. The Committee
encourages further enhancement of the strategic relationship
between the United States and the Philippines, including the
pursuit of mutual interests such as freedom of navigation and
regional cooperation on maritime security.
Sri Lanka.--Prior to the obligation of funds for Sri Lanka,
the Secretary of State shall consult with the Committees on
Appropriations on steps taken by the Government of Sri Lanka to
address concerns raised in section 7046(d) of the Department of
State, Foreign Operations, and Related Agencies Appropriations
Act, 2012 (Public Law 112-74).
Tunisia.--The Committee recommendation includes not less
than $15,000,000 for Tunisia, which is the same as the request.
The Committee supports making additional funds available for
Tunisia from funds described under Middle East Response under
this heading, subject to the regular notification procedures of
the Committees on Appropriations.
Yemen.--The Committee recommendation includes language in
section 7042 requiring that certain conditions be met prior to
the obligation of assistance to Yemen.
Child soldiers.--The Committee notes that no funds should
be provided for countries found to be in violation of the Child
Soldiers Prevention Act during fiscal year 2013 (Public Law
110-457).
Middle East Response.--The Committee recommendation
includes $25,000,000 to promote regional peace and security, as
well as stabilization efforts, in the Middle East and North
Africa. The Committee directs that a spend plan be provided to
the Committees on Appropriations prior to the obligation of
funds for these purposes.
Military assistance and sales.--The Committee remains
concerned about the military modernization of the People's
Republic of China (PRC) and the increasing frequency of
aggressive claims in territorial disputes, including on the
seas and in cyberspace. In response, regional neighbors are
reviewing defense postures and updating their military
hardware. The Committee encourages the Administration to
continue to engage with allies in the region, such as Taiwan,
the Philippines, South Korea, and Japan, on the political,
economic, and military implications of the strategic rise of
the PRC, including through military assistance and sales
programs.
TITLE V--MULTILATERAL ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
Fiscal year 2012 enacted level........................ $348,705,000
Fiscal year 2013 request.............................. 327,300,000
Committee recommendation.............................. 276,500,000
Change from request............................... -50,800,000
Change from enacted level......................... -72,205,000
The Committee recommendation includes $276,500,000 for
International Organizations and Programs, which is $72,205,000
below the fiscal year 2012 enacted level and $50,800,000 below
the request. The recommendation includes no funds for the
United Nations Population Fund (UNFPA) and the
Intergovernmental Panel on Climate Change/UN Framework
Convention on Climate Change. The Committee recommendation
assumes no funds are provided for Multilateral Action
Initiatives.
United Nations Educational, Scientific, and Cultural
Organization (UNESCO).--The Committee notes that, due to the
application of Public Law 101-246 and Public Law 103-236,
United States contributions are currently being withheld from
UNESCO. The funding recommendation reflects the deduction of
the amounts requested for voluntary contributions to UNESCO in
fiscal year 2013.
United Nations Children's Fund (UNICEF).--The Committee
recommendation includes $131,755,000 for UNICEF, the same as
the fiscal year 2012 level.
Transparency and accountability of United Nations
agencies.--The Committee recommendation includes language,
modified from the prior year, that requires that financial and
performance audits of United Nations agencies and international
organizations be fully available to the United States
Government and posted on the agencies' web sites. The Secretary
of State may waive the requirement on an agency by agency basis
to avert a humanitarian crisis. In addition to the report
required, the Committee directs the Department of State to
consult with the Committees on Appropriations regularly on the
status and progress of each agency.
United Nations Women's Fund.--The Committee supports UN
Women's mandate to streamline UN efforts to address the needs
of women and girls globally and create accountability for the
effectiveness of these initiatives.
INTERNATIONAL FINANCIAL INSTITUTIONS
The Committee notes that the following accounts received
appropriations in fiscal year 2012, were not requested in
fiscal year 2013, and no funds are provided in this Act:
Contribution to the International Development Association--
Multilateral Debt Relief Initiative, Inter-American Investment
Corporation, and Contribution to the Enterprise for the
Americas Multilateral Investment Fund, Contribution to the
African Development Fund--Multilateral Debt Relief Initiative.
International Monetary Fund (IMF)
IMF bailouts of European nations.--The Committee is
troubled that the IMF continues to agree to bailout packages
that are unprecedented in size relative to a foreign country's
quota contribution to the IMF. The Committee expresses its
concern that IMF agreements have been accepted by its European
members as an alternative means of fiscal discipline rather
than abiding by prior European Union treaty obligations.
Internal IMF budget.--In the 111th Congress, the
Supplemental Appropriations Act, 2009 (Public Law 111-32)
authorized the IMF to sell 12,965,649 ounces of its gold to
augment the IMF's internal operating budget. The Committee
recognizes that the gold sales are now complete and over
$10,000,000,000 in profits were generated; however, the need
for such budget augmentation has been eliminated given the
increase in internal revenue from surcharges on increased
lending to nations in distress. The Committee to date has not
been consulted on the use of the proceeds of these gold sales
by the IMF. The Committee recommendation includes a new
provision in section 7071 that directs the Secretary of the
Treasury to report to the Committees on Appropriations, not
later than 45 days after enactment of this Act, with a
description and estimate of IMF surcharges on outstanding and
new loans by year; the IMF's internal use of funds derived from
such surcharges; and the IMF's internal budget for the calendar
years 2010, 2011, and 2012.
General Capital Increases (GCIs) of the Multilateral Development Banks
Certification on reforms.--The Committee has included
section 7078, similar to the enacted fiscal year 2012 Act,
which requires the Secretary of the Treasury to certify and
report to the Committees on Appropriations that a number of
reforms have been implemented before funds may be disbursed for
the GCIs to the multilateral development banks. The Committee
expects that this report will include detailed descriptions on
efforts taken to implement the agreed upon reforms,
whistleblower protections for employees, and transparency and
accountability of the multilateral development banks' programs.
Concerns About the World Bank Group
Budget support.--The Committee is concerned with the
increased use of budget support, or ``Development Policy
Loans'' in World Bank lending. Such budget support made up 47
percent of World Bank lending in fiscal year 2010, a
drastically higher level than in past years due to the
financial crisis. The Committee directs the Secretary of
Treasury to keep the Committees on Appropriations updated on
efforts to lessen the use of budget support to its historical
levels of under 30 percent.
International Finance Corporation.--The World Bank's
private lending arm, the International Finance Corporation,
provides commercial financing in support of private investments
in developing countries including the arrangement of loan
syndications for large investment banks and private equity
funds. The Committee directs the Secretary of the Treasury to
continue to work to increase the transparency of the IFC's
transactions and notes the inclusion of language in title VII
of this Act.
North American Development Bank (NADBank)
The Committee is aware that the NADBank expanded the
eligible portfolio of loans that it can undertake in December
2011. As part of this change, the NADBank created the Community
Action Plan, which will provide small grants to communities
along the United States-Mexico border. The Committee directs
the Secretary of the Treasury to report to the Committee, not
later than 60 days after enactment of this Act, a detailed list
of all grants made by the NADBank under this new facility, the
level of retained earnings or other resources used to support
the program, and new loans made under the expanded eligibility
criteria for calendar year 2012.
GLOBAL ENVIRONMENT FACILITY
Fiscal year 2012 enacted level........................ $89,820,000
Fiscal year 2013 request.............................. 129,400,000
Committee recommendation.............................. 64,700,000
Change from request............................... -64,700,000
Change from enacted level......................... -25,120,000
The Committee recommendation includes $64,700,000 for the
Global Environment Facility (GEF), which is $25,120,000 below
the fiscal year 2012 enacted level and $64,700,000 below the
request.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
Fiscal year 2012 enacted level........................ $1,325,000,000
Fiscal year 2013 request.............................. 1,358,500,000
Committee recommendation.............................. 1,325,000,000
Change from request............................... -33,500,000
Change from enacted level......................... 0
The Committee recommendation includes $1,325,000,000 for a
Contribution to the International Development Association
(IDA), which is the same as the fiscal year 2012 enacted level
and $33,500,000 below the request.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT
Fiscal year 2012 enacted level........................ $117,364,000
Fiscal year 2013 request.............................. 186,957,000
Committee recommendation.............................. 58,682,000
Change from request............................... -128,275,000
Change from enacted level......................... -58,682,000
The Committee recommendation includes $58,682,000 for the
International Bank for Reconstruction and Development (IBRD)
for the second year of the General Capital Increase, which is
$58,682,000 below the fiscal year 2012 enacted level and
$128,275,000 below the request.
The Committee has not provided any funding requested for
the IBRD's new Selective Capital Increase given that no funds
can be obligated until it is authorized.
Callable capital.--The Committee recommends a limitation on
the amount that the United States Governor of the IBRD may
subscribe to the callable portion of the United States share of
the General Capital Increase.
CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND
Fiscal year 2012 enacted level........................ $184,630,000
Fiscal year 2013 request.............................. 185,000,000
Committee recommendation.............................. 0
Change from request............................... -185,000,000
Change from enacted level......................... -184,630,000
The Committee recommendation does not include funds
requested under this heading, which is $184,630,000 below the
fiscal year 2012 enacted level and $185,000,000 below the
request.
CONTRIBUTION TO THE STRATEGIC CLIMATE FUND
Fiscal year 2012 enacted level........................ $49,900,000
Fiscal year 2013 request.............................. 50,000,000
Committee recommendation.............................. 0
Change from request............................... -50,000,000
Change from enacted level......................... -49,900,000
The Committee recommendation does not include funds
requested under this heading, which is $49,900,000 below the
fiscal year 2012 enacted level and $50,000,000 below the
request.
GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM
Fiscal year 2012 enacted level........................ $135,000,000
Fiscal year 2013 request.............................. 134,000,000
Committee recommendation.............................. 99,800,000
Change from request............................... -34,200,000
Change from enacted level......................... -35,200,000
The Committee recommendation includes $99,800,000 for the
World Bank's Global Agriculture and Food Security Program,
which is $35,200,000 below the fiscal year 2012 enacted level
and $34,200,000 below the fiscal year 2013 request.
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK
Fiscal year 2012 enacted level........................ $75,000,000
Fiscal year 2013 request.............................. 102,020,000
Committee recommendation.............................. 51,010,000
Change from request............................... -51,010,000
Change from enacted level......................... -23,990,000
The Committee recommendation includes $51,010,000 for the
Contribution to the Inter-American Development Bank (IDB) for
the paid-in portion of the IDB's General Capital Increase,
which is $23,990,000 below the fiscal year 2012 enacted level
and $51,010,000 below the request.
Callable capital.--The Committee recommends a limitation on
the amount that the United States Governor of the IDB may
subscribe to the callable portion of the United States share of
the General Capital Increase.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
Fiscal year 2012 enacted level........................ $100,000,000
Fiscal year 2013 request.............................. 115,250,000
Committee recommendation.............................. 100,000,000
Change from request............................... -15,250,000
Change from enacted level......................... 0
The Committee recommendation includes $100,000,000 for
Contribution to the Asian Development Fund, which is the same
as the fiscal year 2012 enacted level and $15,250,000 below the
request.
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK
Fiscal year 2012 enacted level........................ $106,586,000
Fiscal year 2013 request.............................. 106,799,000
Committee recommendation.............................. 53,293,000
Change from request............................... -53,506,000
Change from enacted level......................... -53,293,000
The Committee recommendation includes $53,293,000 for
Contribution to the Asian Development Bank (AsDB) for the third
year of the General Capital Increase, which is $53,293,000
below the fiscal year 2012 enacted level and $53,506,000 below
the request.
Callable capital.--The Committee recommends a limitation on
the amount that the United States Governor of the AsDB may
subscribe to the callable portion of the United States share of
the General Capital Increase.
China.--The Committee is concerned about the continued
level of financing the AsDB provides to China and directs the
Secretary of Treasury to report to the Committees on
Appropriations, not later than 60 days after enactment of this
Act, on the steps taken to negotiate with the Government of
China to become a net donor to the AsDB.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
Fiscal year 2012 enacted level........................ $172,500,000
Fiscal year 2013 request.............................. 195,000,000
Committee recommendation.............................. 172,500,000
Change from request............................... -22,500,000
Change from enacted level......................... 0
The Committee recommendation includes $172,500,000 for
Contribution to the African Development Fund, which is the same
as the fiscal year 2012 enacted level and $22,500,000 below the
request.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
Fiscal year 2012 enacted level........................ $32,418,000
Fiscal year 2013 request.............................. 32,418,000
Committee recommendation.............................. 16,209,000
Change from request............................... -16,209,000
Change from enacted level......................... -16,209,000
The Committee recommendation includes $16,209,000 for
Contribution to the African Development Bank (ADB), which is
$16,209,000 below the fiscal year 2012 enacted level and
$16,209,000 below the request.
Callable capital.--The Committee recommends a limitation on
the amount that the United States Governor of the ADB may
subscribe to the callable portion of the United States share of
the General Capital Increase.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
Fiscal year 2012 enacted level........................ $30,000,000
Fiscal year 2013 request.............................. 30,000,000
Committee recommendation.............................. 19,850,000
Change from request............................... -10,150,000
Change from enacted level......................... -10,150,000
The Committee recommendation includes $19,850,000 for
Contribution to the International Fund for Agricultural
Development, which is $10,150,000 below the fiscal year 2012
enacted level and $10,150,000 below the request.
TITLE VI--EXPORT AND INVESTMENT ASSISTANCE
Consolidation of Federal Export and Trade Agencies
Consolidation or reorganization of agencies.--The Committee
notes that it has not been consulted on the Administration's
plan to consolidate the export and trade agencies within the
Federal Government. The Congress must approve any
reorganization, and therefore the Committee expects to be
consulted by the Administration before it finalizes any
proposal that would consolidate agencies that are funded by
this Act.
Audits.--The Committee remains concerned about the absence
of oversight by an inspector general of Overseas Private
Investment Corporation (OPIC) transactions, as required of
other bilateral trade and development programs in this Act
including the Export-Import Bank, the Millennium Challenge
Corporation, and USAID. The Committee directs the President of
OPIC, the President of the Export-Import Bank, and the
President of the Trade and Development Agency, in consultation
with the Office of Management and Budget, to report to the
Committees on Appropriations, not later than 90 days after
enactment of this Act, on plans for a consolidated export and
trade office of inspector general.
Export-Import Bank of the United States
INSPECTOR GENERAL
Fiscal year 2012 enacted level........................ $4,000,000
Fiscal year 2013 request.............................. 4,400,000
Committee recommendation.............................. 4,400,000
Change from request............................... 0
Change from enacted level......................... +400,000
The Committee recommendation includes $4,400,000 for the
Inspector General, which is $400,000 above the fiscal year 2012
enacted level and the same as the request.
The Committee directs the Office of Inspector General to
provide to the Committees on Appropriations, not later than 45
days after enactment of this Act, a spend plan and a summary of
the oversight work that will be undertaken during the fiscal
year.
SUBSIDY APPROPRIATION
Fiscal year 2012 enacted level........................ $58,000,000
Fiscal year 2013 request.............................. 38,000,000
Committee recommendation.............................. 38,000,000
Change from request............................... 0
Change from enacted level......................... -20,000,000
The Committee recommendation includes $38,000,000 for the
Export-Import Bank Subsidy Appropriation, which is $20,000,000
below the fiscal year 2012 enacted level and the same as the
request.
The Committee directs the President of the Export-Import
Bank to include in its fiscal year 2014 Congressional budget
justification a confidential annex that describes new loans,
guarantees, and insurance approved in fiscal year 2012 by
category, recipient, country, level of authorization, and
source year of financing used for authorizations greater than
$50,000,000. The annex shall include additional detail,
including description of the positive subsidy assigned to the
largest projects as well as the level of guarantee provided.
ADMINISTRATIVE EXPENSES
Fiscal year 2012 enacted level........................ $89,900,000
Fiscal year 2013 request.............................. 103,900,000
Committee recommendation.............................. 94,900,000
Change from request............................... -9,000,000
Change from enacted level......................... +5,000,000
The Committee recommendation includes $94,900,000 for
Export-Import Bank Administrative Expenses, which is $5,000,000
above the fiscal year 2012 enacted level and $9,000,000 below
the request.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
Fiscal year 2012 enacted level........................ $54,990,000
Fiscal year 2013 request.............................. 60,784,000
Committee recommendation.............................. 54,990,000
Change from request............................... -5,794,000
Change from enacted level......................... 0
The Committee recommendation includes $54,990,000 for OPIC
Noncredit Account for administrative expenses, which is the
same as the fiscal year 2012 enacted level and $5,794,000 below
the request.
PROGRAM ACCOUNT
Fiscal year 2012 enacted level........................ $25,000,000
Fiscal year 2013 request.............................. 31,000,000
Committee recommendation.............................. 25,000,000
Change from request............................... -6,000,000
Change from enacted level......................... 0
The Committee recommendation includes $25,000,000 for the
subsidy appropriation for the direct and guaranteed loan credit
programs of OPIC, which is the same as the fiscal year 2012
enacted level and $6,000,000 below the request.
As in fiscal year 2012, the Committee directs the President
of OPIC to include in its fiscal year 2014 Congressional budget
justification a confidential annex that describes new loans,
guarantees, and insurance approved in fiscal year 2012 by
category, recipient, country, level of OPIC resources provided,
and source year of financing used as well as any updates to the
previous fiscal year 2011 report. The conferees also direct
OPIC to provide additional detail, including a description of
the positive and negative subsidy assigned to the largest
projects as well as the level of guarantee provided.
Investment funds.--As in prior years, the Committee directs
OPIC to continue to provide written reports on a semi-annual
basis, including the following information for each investment
fund: the identity, selection process, and professional
background of current and past managers; the fees and
compensation currently provided to senior management; the
amount of OPIC guarantees and actual investments made at the
end of the previous six months; and any additional pertinent
data.
Local currency guarantees.--The Committee directs OPIC to
consult with the Committees on Appropriations before exercising
local currency loan guarantee authority, and to provide to the
Committees on Appropriations, prior to the consultation,
justification for the need to exercise such authority, the use
of OPIC subsidy required, the degree to which the United States
would be exposed to additional risk as a result of such
transactions, and which other United States Government agencies
have been consulted.
Non-governmental and private and voluntary organizations.--
The Committee directs the President of OPIC to consult with the
Committees on Appropriations before any future financing for
nongovernmental organizations or private and voluntary
organizations is approved.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
Fiscal year 2012 enacted level........................ $50,000,000
Fiscal year 2013 request.............................. 57,600,000
Committee recommendation.............................. 50,000,000
Change from request............................... -7,600,000
Change from enacted level......................... 0
The Committee recommendation includes $50,000,000 for Trade
and Development Agency (TDA), which is the same as the fiscal
year 2012 enacted level and $7,600,000 below the request.
TITLE VII--GENERAL PROVISIONS
The Committee recommends nine of the general provisions
carried in the fiscal year 2012 Act be deleted. These
provisions (sections 7006, 7032, 7065, 7074, 7076, 7077, 7080,
7081, 7083, 7084, 7085) are either addressed elsewhere in
permanent law, have been considered, or are under
consideration, by the appropriate authorizing committee, or are
no longer necessary.
The Committee recommends the following new and revised
provisions:
Sec. 7004, ``Embassy Construction'', is modified by
deleting subsection (e) and moving subsection (f) to section
7006.
Sec. 7006, ``Limitation on the New London Embassy'', is a
new provision, similar to section 7004 in the prior year, which
prohibits appropriated funds from being made available for site
acquisition and mitigation, planning, design or construction of
the New London Embassy and includes a reporting requirement on
the ongoing costs of the project.
Sec. 7010, ``Reporting Requirement'', is modified to
include funds made available in this and prior acts.
Sec. 7015, ``Notification Requirements'', is modified in
subsection (c) by expanding the 10 percent threshold exception
for reprogramming notifications to titles V and VI of the Act
and making technical and conforming changes, requiring that
notifications submitted to the Committees on Appropriations
identify when funds are being provided notwithstanding any
other provision of law and include a justification; and in (f)
deleting Colombia and Mexico and adding Egypt, Lebanon, and
Syria.
Sec. 7028, ``Impact on Jobs in the United States'', is
modified by adding a new subsection (3) relating to the
outsourcing of domestic jobs overseas.
Sec. 7029, ``International Financial Institutions'', is
modified by deleting subsections (b).
Sec. 7031, ``Financial Management and Budget
Transparency'', is modified in (a) to include new certification
requirements for the provision of direct government-to-
government assistance; and a new subsection is added that
prohibits the provision of assistance for the payment of any
United Nations dues or assessments for any foreign country or
to service debts with multilateral development banks for any
foreign country. The Committee notes that that the requirements
in this section shall apply to all agencies receiving funds
that are made available by this Act, and that the $10,000,000
threshold for application of the subsection is cumulative over
the life of a program.
Sec. 7032, ``Promotion of Democracy'', is a new provision
that in subsection (a) designates a funding level for programs;
includes modifications to requirements previously carried in
section 7034, including a report on compliance with the
provision; and directs that funds made available to build
institutional capacity should only be provided to assist
governments that are sincere in their pursuit of democracy; and
in subsection (b) prohibits direct Government-to-Government
assistance to countries interfering with the operations of
civil society. In subsection (a), the Committee intends for the
Department of State to determine a country's sincerity by its
performance on the indicators in the Millennium Challenge
Corporation's ``Ruling Justly'' category, and expects that a
country receiving direct Government-to-Government assistance
should show a positive trend of improvement on the overall
Ruling Justly category over the past three years.
Sec. 7034, ``Special Provisions'', is modified in
subsection (c) by replacing the ``shall'' with ``may''; in
subsection (d) replacing ``should'' with ``may''; deleting
subsections (f), (g), (j), (k), (l), (m), (n), (o), (p) (q) and
(r) of the fiscal year 2012 Act; moving subsection (h) to
section 7032; and in subsection (f), deleting the first proviso
and including new provisos relating to the reporting
requirement concerning the Partner Vetting System.
Sec. 7039, ``Assistance to the West Bank and Gaza'', is
modified by adding subsection (h).
Sec. 7040, ``Limitation on Assistance for the Palestinian
Authority'', is modified in subsection (f)(1).
Sec. 7041, ``Limitations'', similar to section 7086 in the
prior year is modified in subsection (a) by removing the waiver
authority.
Sec. 7042, ``Near East'', similar to section 7041 in the
prior year, is modified by including certain restrictions on
funds for the Governments of Egypt, Lebanon, Libya, and Yemen;
by deleting subsection (b) ``Enterprise Funds''; in subsection
(c) ``Iraq'', by deleting (4) and modifying (5)(A) to limit
funds to not exceed the fiscal year 2012 level until a number
of certifications have been met; and by deleting subsections
(g) and (h).
Sec. 7043, ``Africa'', is modified in subsection (a) by
making funds available to promote natural resource
transparency; by deleting subsections (c), (d) and (e) from the
fiscal year 2012 Act; in subsection (c)(3)(C) limiting funds
for certain purposes; and in subsection (h) ``Lord's Resistance
Army'', substituting ``shall'' for ``should'' and expanding the
provision of funds to include supporting the goals of the
Lord's Resistance Army (LRA) Disarmament and Northern Uganda
Recovery Act, and including a new reporting requirement
detailing progress toward implementation of the
Administration's counter-LRA strategy.
Sec. 7044, ``Asia'', is modified in subsection (b)
``Burma'' by substituting ``should'' for ``shall''; by deleting
subsections (d) ``Indonesia'', (g) ``Philippines'', and (h)
``Vietnam''; in subsection (d) ``North Korea'' by expanding the
prohibition on Economic Support Funds to assistance for the
government of North Korea; in subsection (e) ``People's
Republic of China'' by including (3) which prohibits funds
under the headings ``Global Health Programs'', ``Development
Assistance'', and ``Economic Support Fund'' for assistance for
the Government of China except for programs in Tibetan
communities and to detect, prevent, and treat infectious
disease.
Sec. 7045, ``Western Hemisphere'', is modified by
incorporating by reference section 7045(a) up through the fifth
proviso and (a)(3) and by modifying the reporting requirement;
by striking subsections (b) and (e); and by striking the dollar
level and adding Colombia in subsection (f).
Sec. 7046, ``South Asia'', is modified in subsection (a)
``Afghanistan'' by including new conditions and deleting dollar
amounts; by deleting subsection (b) ``Nepal'' and subsection
(d) ``Sri Lanka''; and in subsection (c) ``Pakistan'' by
deleting (1)(B) and (2)(B) through (2)(F).
Sec. 7049, ``United Nations'', is modified in subsection
(a) withholding a portion of the funds for the United Nations
and international organizations until certain accountability
and transparency measures are met; in subsection (b) expanding
the restriction to all funds in this Act and deleting (b)(3);
in subsection (c) allowing a waiver of the prohibition on
funding for the United Nations Human Rights Council if the
Secretary of State determines and reports that it is in the
national security interest of the United States and the Council
is taking steps to remove Israel as a permanent agenda item and
reports on such steps; in subsection (d) specifying a number of
transparency and accountability reforms for the United Nations
Relief and Works Agency that must be met before receiving funds
from this Act; in (e) prohibits funds in this Act for the
United Nations Headquarters in New York construction, design
and renovation; and in subsection (f) allowing the Secretary of
State to waive the prohibitions in subsections (a) and (d) to
avert a humanitarian crisis.
Sec. 7058, ``Global Health Activities'', is modified by
deleting subsections (b) and (c); and by including a new
subsection (b) limiting the level of funds provided in this Act
for family planning to not more than $461,000,000.
Sec. 7060, ``Programs to Promote Gender Equality'', is
modified by deleting subsection (e).
Sec. 7061, ``Gender-Based Violence'', is modified by
striking ``Complex Crises Fund'' from subsection (a).
Sec. 7062, ``Sector Allocations'', is modified by striking
(a)(2), (b), and (c); by modifying (b) ``Food Security and
Agriculture Development'' by deleting the dollar amounts and
limiting the authority; by deleting subsection (f)(2) and; by
modifying subsection (g) ``Trafficking in Persons'' by striking
$36,000,000 and inserting $38,000,000.
Sec. 7063, ``Central Asia'' is modified to only apply to
the Government of Uzbekistan.
Sec. 7065, ``Limitations on Family Planning/Reproductive
Health'' is a new provision that prohibits funds to the UNFPA;
prohibits funds for population planning activities or other
population assistance to foreign nongovernmental organizations
that promote or perform abortion, with certain exceptions.
Sec. 7066, ``International Prison Conditions'', is modified
by deleting (a) and (b) and modifying (c) as requested.
Sec. 7067, ``Prohibition on Use of Torture'', is modified
by deleting subsection (b).
Sec. 7071, ``International Monetary Fund ``, is modified by
deleting subsection (c); and inserting a new subsection
requiring the Secretary of the Treasury to report to the
Committees on Appropriations, not later than 45 days after
enactment of this Act, a description and estimate of IMF
surcharges on outstanding and new loans by calendar year; the
IMF's internal use of funds derived from such surcharges; and
details of the IMF's internal budget for the calendar years
2010, 2011, and 2012.
Sec. 7075, ``Enterprise Funds'', is modified in subsection
(b).
Sec. 7076, ``Operating and Spend Plans'', similar to
section 7078 in the prior year, is modified by requiring spend
plans for assistance for West Bank and Gaza, Libya, and for
USAID's Development Credit Authority program.
Sec. 7077, ``Rescissions'', similar to section 7079 in the
prior year, modified to contain two rescissions of prior year
funds.
Sec. 7078, ``Reforms Related to General Capital
Increases'', similar to section 7082 in the prior year is
modified in subsection (a) requiring the Secretary of the
Treasury to certify and report to the Committees on
Appropriations that the reforms in (1) through (8) are
implemented prior to the disbursement of funds for the General
Capital Increases for the multilateral development banks; and
by deleting subsection (d).
Sec. 7080, ``Limitation on Political Disclosure
Requirements'', is a new provision prohibiting funds in this
Act to implement political disclosure requirements.
Sec. 7081, ``Limitation Relating to Individuals Detained at
Naval Station, Guantanamo Bay, Cuba'' is a new provision
requiring the Secretary of State to notify the Committees on
Appropriations before certain actions are taken.
Sec. 7082, ``Limitations on Certain Awards'', is a new
provision that prohibits funds from being used to enter into a
contract or other agreement with any corporation that was
convicted of a felony criminal violation or any unpaid Federal
tax liability has been assessed.
Sec. 7083, ``Budget Presentations'', is a new provision
limiting the obligation of funds until the Committees on
Appropriations receive certain documents.
Provisions Retained From Fiscal Year 2012 Act
The following general provisions from the fiscal year 2012
Act were retained in the fiscal year 2013 Act unchanged except
for technical corrections, references to prior fiscal years,
and new section numbers where appropriate:
Sec. 7001. Allowances and Differentials.
Sec. 7002. Unobligated Balances Report.
Sec. 7003. Consulting Services.
Sec. 7005. Personnel Actions.
Sec. 7007. Prohibition Against Direct Funding for Certain
Countries.
Sec. 7008. Coups d'Etat.
Sec. 7009. Transfer Authority.
Sec. 7011. Availability of Funds.
Sec. 7012. Limitation on Assistance to Countries in
Default.
Sec. 7013. Prohibition on Taxation of United States
Assistance.
Sec. 7014. Reservations of Funds.
Sec. 7016. Notification on Excess Defense Equipment.
Sec. 7017. Limitation on Availability of Funds for
International Organizations and Programs.
Sec. 7018. Prohibition on Funding for Abortions and
Involuntary Sterilization.
Sec. 7019. Allocations.
Sec. 7020. Prohibition of Payment of Certain Expenses.
Sec. 7021. Prohibition on Assistance to Governments
Supporting International Terrorism.
Sec. 7022. Authorization Requirements.
Sec. 7023. Definition of Program, Project, and Activity.
Sec. 7024. Authorities for the Peace Corps, Inter-American
Foundation and African Development Foundation.
Sec. 7025. Commerce, Trade and Surplus Commodities.
Sec. 7026. Separate Accounts.
Sec. 7027. Eligibility for Assistance.
Sec. 7030. Debt-For-Development.
Sec. 7033. Multi-year Commitments.
Sec. 7035. Arab League Boycott of Israel.
Sec. 7036. Palestinian Statehood.
Sec. 7037. Restrictions Concerning the Palestinian
Authority.
Sec. 7038. Prohibition on Assistance to the Palestinian
Broadcasting Corporation.
Sec. 7047. Prohibition of Payments to United Nations
Members.
Sec. 7048. War Crimes Tribunals Drawdown.
Sec. 7050. Community-Based Police Assistance.
Sec. 7051. Attendance at International Conferences.
Sec. 7052. Aircraft Transfer and Coordination.
Sec. 7053. Parking Fines and Real Property Taxes Owed by
Foreign Governments.
Sec. 7054. Landmines and Cluster Munitions.
Sec. 7055. Prohibition on Publicity or Propaganda.
Sec. 7056. Limitation on Residence Expenses.
Sec. 7057. United States Agency for International
Development Management.
Sec. 7059. Prohibition on Promotion of Tobacco.
Sec. 7064. Requests for Documents.
Sec. 7068. Extradition.
Sec. 7069. Commercial Leasing of Defense Articles.
Sec. 7070. Independent States of the Former Soviet Union.
Sec. 7072. Repression in the Russian Federation.
Sec. 7073. Prohibition on First-Class Travel.
Sec. 7074. Serbia.
Sec. 7079. Use of Funds in Contravention of This Act.
TITLE VIII--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
Title VIII of the Committee recommendation includes an
additional $8,244,517,000 for the temporary and extraordinary
requirements of overseas operations in Afghanistan, Pakistan,
and Iraq, which is $2,958,270,000 below the fiscal year 2012
enacted level and the same as the request. All funds
appropriated in this title are designated for OCO/GWOT pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 for support of contingency
operations in Afghanistan, Pakistan, and Iraq.
In addition to appropriations in this title, the
recommendation includes appropriations in titles I, II, III and
IV for enduring costs of diplomatic and development operations
in these frontline states. The Committee directs that the
operating and spend plans required by title VII of this Act,
where appropriate, integrate the additional funds provided in
this title for OCO/GWOT, as well as separately identify the
OCO/GWOT amounts.
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Fiscal year 2012 enacted level........................ $4,389,064,000
Fiscal year 2013 request.............................. 4,311,745,000
Committee recommendation.............................. 2,707,727,000
Change from request............................... -1,604,018,000
Change from enacted level......................... -1,681,337,000
The Committee recommendation includes an additional
$2,707,727,000 for Diplomatic and Consular Programs, including
$654,918,000 for Worldwide Security Protection (WSP). The
recommendation is $1,681,337,000 below the fiscal year 2012
enacted level and $1,604,018,000 below the request and the
amounts are designated for OCO/GWOT pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 for support of contingency operations in
Afghanistan, Pakistan, and Iraq.
Afghanistan.--The Committee recommendation includes the
requested authority to transfer up to $150,000,000 to other
agencies to directly support the deployment of civilian experts
from these agencies. The Committee directs that the operating
plan required by title VII include the projected transfer
amount, by agency, in fiscal year 2013. Additionally, the plan
should include a detailed plan for facilities construction and
improvements, projected levels of all staff under Chief of
Mission authority, by agency and by location, and for the
Department of State's air mobility requirements. Finally, the
spend plan should include detail on the planned expenditures
for public diplomacy, including strategic communications, and
for WSP.
The Committee notes that insufficient information has been
provided to the Committee on transition requirements in
Afghanistan for the Department of State and the impact of the
withdrawal of United States' forces. Accordingly, the bill
includes in section 7046(a) a limitation on the obligation of
15 percent of the funds appropriated under this heading for
operations and security in Afghanistan until the Secretary of
State, in consultation with the Secretary of Defense and the
Administrator of USAID, submits to the Committees on
Appropriations a report detailing the plans for civilian
operations, personnel and security as the drawdown of combat
troops in Afghanistan proceeds. In addition, the report shall
include the extent to which agreements have been secured with
the Government of Afghanistan in support of the planned
diplomatic and development footprint.
The Committee recommendation does not include the language
requested under this heading authorizing the use of up to
$525,000,000 for construction and other expenses for carrying
out the Foreign Service Buildings Act of 1926.
CONFLICT STABILIZATION OPERATIONS
Fiscal year 2012 enacted level........................ $8,500,000
Fiscal year 2013 request.............................. 0
Committee recommendation.............................. 8,500,000
Change from request............................... +8,500,000
Change from enacted level......................... 0
The Committee recommendation includes $8,500,000 for
Conflict Stabilization Operations, which is the same as the
fiscal year 2012 enacted level and $8,500,000 above the
request. The full amount is designated OCO/GWOT pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985. In addition, title I of the bill
includes authority for the Secretary of State to transfer up to
$35,000,000 from funds appropriated under the Diplomatic and
Consular Programs heading in support of conflict stabilization
operations. The Committee requests that the operating plan
required by title VII of the bill for funds made available
under this heading include details on projected staffing for
conflict stabilization operations, a list of deployments and
planned deployments for the fiscal year, and incorporate both
the amounts appropriated under this heading and any amount
transferred from funds appropriated in title I of the bill.
OFFICE OF THE INSPECTOR GENERAL
Fiscal year 2012 enacted level........................ $67,182,000
Fiscal year 2013 request.............................. 49,901,000
Committee recommendation.............................. 58,619,000
Change from request............................... +8,718,000
Change from enacted level......................... -8,563,000
The Committee recommendation includes an additional
$58,619,000 for Office of the Inspector General, which is
$8,563,000 below fiscal year 2012 enacted level and $8,718,000
above the request. The full amount is designated OCO/GWOT
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 to support the expanded
oversight requirements of reconstruction activities in
Afghanistan, Pakistan and Iraq.
Within the total, $55,369,000 is for the Special Inspector
General for Afghanistan Reconstruction (SIGAR).
The Committee directs the Office of Inspector General of
the Department of State (OIG) to work closely with the Special
Inspector General for Iraq Reconstruction (SIGIR) as the SIGIR
draws down its operations and completes the transition of
remaining work to the permanent oversight offices of the OIG.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
Fiscal year 2012 enacted level........................ $33,000,000
Fiscal year 2013 request.............................. 0
Committee recommendation.............................. 10,800,000
Change from request............................... +10,800,000
Change from enacted level......................... -22,200,000
The Committee recommendation includes an additional
$10,800,000 for Embassy Security, Construction, and
Maintenance, which is $22,200,000 below fiscal year 2012
enacted level and $10,800,000 above the request. The full
amount is designated for OCO/GWOT pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 for support of contingency operations in
Iraq.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
Fiscal year 2012 enacted level........................ $101,300,000
Fiscal year 2013 request.............................. 0
Committee recommendation.............................. 101,300,000
Change from request............................... +101,300,000
Change from enacted level......................... 0
The Committee recommendation includes an additional
$101,300,000 for Contributions to International Organizations,
which is the same as the fiscal year 2012 enacted level and
$101,300,000 above the request. The full amount is designated
for OCO/GWOT pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 for support of
contingency operations in Afghanistan and Iraq.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
Fiscal year 2012 enacted level........................ $255,000,000
Fiscal year 2013 request.............................. 84,000,000
Committee recommendation.............................. 258,407,000
Change from request............................... +174,407,000
Change from enacted level......................... +3,407,000
The Committee recommendation includes an additional
$258,407,000 for Operating Expenses, which is $3,407,000 above
fiscal year 2012 enacted level and $174,407,000 above the
request and is designated for OCO/GWOT pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 for support of operations in Afghanistan,
Iraq and Pakistan.
The amount appropriated under the heading is consistent
with the assistance programs USAID will oversee that are
appropriated in this title. The Committee expects that USAID's
Afghanistan presence will eventually be scaled back to an
``enduring'' level once the extraordinary assistance
requirements associated with the global war on terrorism begin
to decline. The Committee directs that the operating plan
required by title VII include detail on staffing levels by
location.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL DISASTER ASSISTANCE
Fiscal year 2012 enacted level........................ $150,000,000
Fiscal year 2013 request.............................. 0
Committee recommendation.............................. 150,000,000
Change from request............................... +150,000,000
Change from enacted level......................... 0
The Committee recommendation includes an additional
$150,000,000 for International Disaster Assistance, which is
the same as the fiscal year 2012 enacted level and $150,000,000
above the request. The full amount is designated for OCO/GWOT
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 for response to conflict-
induced displacement in Afghanistan, Pakistan, and Iraq and the
corresponding increase in humanitarian needs.
TRANSITION INITIATIVES
Fiscal year 2012 enacted level........................ $6,554,000
Fiscal year 2013 request.............................. 0
Committee recommendation.............................. 6,554,000
Change from request............................... +6,554,000
Change from enacted level......................... 0
The Committee recommendation includes an additional
$6,554,000 for Transition Initiatives, which is the same as the
fiscal year 2012 enacted level and $6,554,000 above the
request. The full amount is designated for OCO/GWOT pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 to support contingency operations
in Afghanistan, Pakistan, and Iraq.
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
Fiscal year 2012 enacted level........................ $2,761,462,000
Fiscal year 2013 request.............................. 1,037,871,000
Committee recommendation.............................. 2,293,259,000
Change from request............................... +1,255,388,000
Change from enacted level......................... -468,203,000
The Committee recommendation includes an additional
$2,293,259,000 for Economic Support Fund, which is $468,203,000
below the fiscal year 2012 enacted level and $1,255,388,000
above the request. The full amount is designated for OCO/GWOT
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 for support of
contingency operations in Afghanistan, Pakistan, and Iraq.
Iraq.--The Committee provides funds to strengthen democracy
and civil society, build government capacity, and expand anti-
corruption efforts. The Committee urges the Department of State
and USAID to continue efforts to encourage the incorporation of
women in stabilizing Iraq and creating its government
institutions. The Committee further expects funds to be
provided to support an Iraqi women's democracy initiative.
The Committee continues to recognize the importance of
providing targeted assistance to the ethno-religious minorities
in Iraq to ensure their survival. The Committee continues the
reporting requirement from the previous year, directs the
Secretary of State to submit a report to the Committees on
Appropriations, not later than 60 days after enactment of this
Act, detailing a comprehensive United States Government policy
to address the plight of these communities, including those
living in the Nineveh Plains. The policy should be informed in
part by both the recommendations of the diaspora community in
the United States and the struggling communities within Iraq
and should be forward-looking, rather than a summary of
previously funded projects and initiatives.
Further, the Committee directs the Department of State to
establish a long-term comprehensive plan to provide durable
solutions for internally displaced Iraqis and Iraqi refugees.
The plan should also focus on the large number of Iraqi
refugees presently residing in Syria, and should explore
possible alternatives in light of the escalating violence and
instability in Syria.
Afghanistan.--Funds appropriated under this heading that
are available for Afghanistan are subject to the terms and
conditions of section 7046(a). The Committee notes that the
political, economic, and security situation in Afghanistan
necessitates that conditions on assistance from prior years on
corruption and the rights of women and girls are continued. The
bill includes new requirements to address plans for the
transition and security for implementing partners.
The Committee continues restrictions on assistance included
in fiscal years 2011 and 2012 to address corruption. The
Committee expects USAID's development of the Accountable
Assistance for Afghanistan (A\3\) initiative to be fully
implemented for fiscal year 2013 and the Administrator of USAID
to keep the Committee informed on implementation of the
initiative and other efforts to enhance oversight and minimize
waste, fraud, and abuse.
The Committee directs that programs continue to focus on
women and girls, including training and equipment to improve
the capacity of women-led Afghan nongovernmental organizations,
and support for the activities of such organizations. The
Committee further intends that there will be a continued focus
on maternal and child health programs in Afghanistan.
The Committee remains concerned about security for
implementing partners that have transitioned from Personal
Security Contractors (PSCs) to the Afghan Public Protection
Force (APPF) for their protection needs in Afghanistan. The
Committee includes new language withholding funds until the
Secretary of State certifies that the needed contracts and
services are in place.
The Committee remains concerned about providing assistance
to Afghanistan directly through the government. The Committee
maintains robust restrictions from fiscal year 2012 on direct
government-to-government assistance in section 7031 of this
Act.
The Committee notes the work of the Afghanistan
Reconstruction Trust Fund (ARTF) and its National Solidarity
Program in helping to build the capacity of Afghan communities
to participate in and manage their own development projects.
The Committee encourages continued support for these programs.
The Committee supports a continued focus on the rule of law
and expects USAID to coordinate with the Bureau of Democracy,
Human Rights, and Labor at the Department of State for
democracy, governance, and rule of law programs in Afghanistan.
Training for the media in Pakistan and Afghanistan is
essential to the development of an independent and free media.
The Committee recommends continuing funding under the Bureau of
Democracy, Human Rights and Labor and USAID for programs and
activities that support the development of independent media,
including radio, in Pakistan and Afghanistan.
The Committee is unaware of any efforts to resolve concerns
raised by the Committee in fiscal year 2012 regarding reports
of implementing partners receiving tax bills from the
Government of Afghanistan that include United States foreign
assistance in addition to funds legitimately identified for
revenue collection. The Committee directs the Secretary of
State to develop a policy, not later than 180 days after
enactment of this Act, in coordination with the Government of
Afghanistan, and following consultation with implementing
partners, to prohibit illegitimate taxation and collection of
United States' foreign assistance. The Committee notes that
USAID has prevented this problem by including clauses in
contracts and agreements that explicitly restate the
prohibition.
The Committee is concerned about the dramatic rise in
conflict-induced displacement in Afghanistan and the
corresponding increase in humanitarian needs. The Committee
urges the Special Representative for Afghanistan and Pakistan
to develop a comprehensive inter-agency strategy to address
this displacement, including: (1) an assessment of the
Government of Afghanistan's capacity to prevent, mitigate, and
respond to forced displacement and provide durable solutions
for internally displaced Afghans and Afghan refugees; and (2) a
coherent plan to strengthen the capacity of the Government of
Afghanistan to address the causes and consequences of
displacement in Afghanistan.
The Committee supports the concept of a New Silk Road that
will lower trade barriers, create jobs, reinforce political
stability and regional cooperation between Afghanistan and its
neighbors in order to better integrate the Central Asian
region. The Committee directs the Special Representative for
Afghanistan and Pakistan to provide regular updates on progress
on this initiative.
Title VII of the bill requires a spend plan for Afghanistan
by program, project, and activity including levels of funding
planned as direct government-to-government assistance. The
Committee directs that the spend plan shall also include
descriptions of expected results and clearly defined metrics
for measuring progress or failure.
Pakistan.--The Committee recommendation includes a new
provision prohibiting funds for Pakistan until the Secretary of
State provides a certification pursuant to section 7046(b) of
this Act. The Committee directs that projects supported by the
Department of State and USAID must demonstrate that they foster
economic development and decrease the appeal of extremism. The
Committee supports continued focus on the rule of law and
expects USAID to coordinate with the Bureau of Democracy, Human
Rights, and Labor at the Department of State for democracy,
governance, and rule of law programs in Pakistan. The Committee
is concerned about discrimination against minority communities
in Pakistan whose ability to practice their faiths in severely
constrained by law. The Committee urges the Department of State
and USAID to ensure that programs include minority groups and
to press the Government of Pakistan to take all necessary steps
to end discrimination and to safeguard freedom of religion.
The Committee believes that programs in Pakistan should aim
to reduce unemployment, illiteracy, and disenfranchisement
among the most impoverished individuals and communities. The
Committee supports programs that can provide transparency and
accountability of funds and encourage local community
engagement to address its own development needs.
The Committee supports continued efforts to interdict
precursor materials from Pakistan to Afghanistan that are used
to manufacture improvised explosive devices and programs to
train border and customs officials in Pakistan and Afghanistan.
The Committee remains concerned about the Administration's
goal to channel 50 percent of assistance to Pakistan directly
through the government. The Committee includes robust
restrictions on providing assistance in this manner in section
7031 of this Act. Title VII of the bill requires a spend plan
for Pakistan by program, project, and activity including levels
of funding planned as direct government-to-government
assistance pursuant to section 7031 of this Act.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
Fiscal year 2012 enacted level........................ $229,000,000
Fiscal year 2013 request.............................. 0
Committee recommendation.............................. 229,000,000
Change from request............................... +229,000,000
Change from enacted level......................... 0
The Committee recommendation includes an additional
$229,000,000 for Migration and Refugee Assistance, which is the
same as the fiscal year 2012 enacted level and $229,000,000
above the request. The full amount is designated for OCO/GWOT
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 for response to conflict-
induced displacement in Afghanistan, Pakistan, and Iraq and the
corresponding increase in humanitarian needs.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
Fiscal year 2012 enacted level........................ $983,605,000
Fiscal year 2013 request.............................. 1,050,000,000
Committee recommendation.............................. 1,297,000,000
Change from request............................... +247,000,000
Change from enacted level......................... +313,395,000
The Committee recommendation includes an additional
$1,297,000,000 for International Narcotics Control and Law
Enforcement (INCLE), which is $313,395,000 above the fiscal
year 2012 enacted level and $247,000,000 above the request. The
full amount is designated for OCO/GWOT pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 to support contingency operations in
Afghanistan, Pakistan, and Iraq.
Iraq.--Funds provided will continue to support the Police
Development Program (PDP) in Iraq and will build on the work of
the United States military over the past several years to
develop a professional and capable Ministry of Interior and
Iraqi Police Services. The central goal of the program is to
help the Ministry of Interior in Iraq to develop the
capabilities needed to manage and sustain internal security
operations that are capable of maintaining stability and
supporting the rule of law. The Committee recommendation takes
into account the revised estimates for the PDP as a result of
the Department of State's initial review in early 2012 and
directs the Department of State to report to the Committees on
Appropriations, not later than 60 days after enactment of this
Act, on the expected number of police advisors, locations, and
security costs related to the PDP, and the extent to which the
Government of Iraq has committed to sustaining the PDP into the
future.
Afghanistan.--The Committee directs the Secretary of State
to submit a report to the Committees on Appropriations, not
later than 60 days after enactment of this Act, detailing the
requirements for the Department of State's Bureau of
International Narcotics and Law Enforcement Affairs program in
Afghanistan by program, project, and activity to include which
of the proposed programs are new, expanded, or transitioning
from the United States military.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
Fiscal year 2012 enacted level........................ $120,657,000
Fiscal year 2013 request.............................. 0
Committee recommendation.............................. 75,351,000
Change from request............................... +75,351,000
Change from enacted level......................... -45,306,000
The Committee recommendation includes an additional
$75,351,000 for Nonproliferation, Anti-Terrorism, Demining and
Related Programs, which is $45,306,000 below fiscal year 2012
enacted level and $75,351,000 above the request. The full
amount is designated for OCO/GWOT pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 to support contingency operations in
Afghanistan, Pakistan, and Iraq.
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
Fiscal year 2012 enacted level........................ $1,102,000,000
Fiscal year 2013 request.............................. 911,000,000
Committee recommendation.............................. 1,102,000,000
Change from request............................... +191,000,000
Change from enacted level......................... 0
The Committee recommendation includes an additional
$1,102,000,000 for Foreign Military Financing Program (FMF),
which is the same as the fiscal year 2012 enacted level and
$191,000,000 above the request. The full amount is designated
for OCO/GWOT pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 to support
contingency operations in Pakistan and Iraq.
Iraq.--Funds appropriated under this heading in this title
reflect the second year of the transition of responsibility for
security assistance programs from the Department of Defense to
the Department of State. Funding provided in fiscal year 2013
will continue to ensure the sustainment of advances that Iraq
has made in assuming responsibility for its own security. The
Committee expects the Department of State, in consultation with
the Department of Defense, to submit a detailed spend plan to
the Committees on Appropriations prior to the obligation of
funds.
Pakistan.--Funds provided under this heading may be made
available to support FMF for Pakistan and additional funds may
be made available by transfer to the Pakistan Counterinsurgency
Capability Fund (PCCF). The Committee notes that funds provided
under this heading may be made only if the conditions contained
in section 7046 of this Act are met prior to the obligation of
funds.
PAKISTAN COUNTERINSURGENCY CAPABILITY FUND
Fiscal year 2012 enacted level........................ $850,000,000
Fiscal year 2013 request.............................. 800,000,000
Committee recommendation.............................. 0
Change from request............................... -800,000,000
Change from enacted level......................... -850,000,000
The Committee recommendation does not include a new
appropriation for Pakistan Counterinsurgency Capability Fund
(PCCF). Section 8004 of the bill includes authority to transfer
funds appropriated in this title under the INCLE and FMF to
PCCF, subject to prior notification to the Committees on
Appropriations of any such transfer and in accordance with
section 7046 of this Act.
GENERAL PROVISIONS--THIS TITLE
Section 8001. Continues prior year language noting that
funds appropriated by this title are in addition to amounts
appropriated or otherwise made available in the bill.
Section 8002. Continues prior year language directing that
appropriations in this title are subject to the authorities and
conditions applicable to such appropriations accounts in prior
titles in the bill, unless noted otherwise.
Section 8003. Rescinds $54,000,000 of OCO/GWOT funds
appropriated under the Diplomatic and Consular Programs heading
in prior acts.
Section 8004. Provides authority to transfer funds
appropriated under INCLE and FMF in this title to funds
previously made available under PCCF, subject to prior
notification of the Committees on Appropriations. The Committee
expects that if any transfer occurs pursuant to this authority,
it will not exceed the amount requested in the Congressional
budget justification for fiscal year 2013 for PCCF. The
Committee further notes that the conditions of section 7046
must be met prior to the obligation of funds.
Section 8005. Provides that each amount designated for OCO/
GWOT in this title shall be available only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
Transfer Authority.--The Committee recommendation does not
include language carried in the prior year allowing funds to be
transferred between certain assistance accounts, nor does the
recommendation include requested language allowing funds to be
transferred between certain operational accounts.
TITLE IX--ADDITIONAL GENERAL PROVISION
Spending Reduction Account
Section 9001 establishes a Spending Reduction Account, as
required by clause 2(j) of rule XXI of the Rules of the House
of Representatives.
HOUSE OF REPRESENTATIVES REPORTING REQUIREMENTS
The following items are included in accordance with various
requirements of the Rules of the House of Representatives and
the Committee on Appropriations:
Full Committee Votes
Pursuant to the provisions of clause 3(b) of rule XIII of
the House of Representatives, the results of each roll call
vote on an amendment or on the motion to report, together with
the names of those voting for and those against, are printed
below:
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill that directly or indirectly change the
application of existing law.
Language is included in various parts of the bill to
continue ongoing activities in fiscal year 2013 that require
annual authorization or additional legislation, which to date
has not been enacted.
The bill includes provisions that place limitations on the
use of funds in the bill or change existing limitations and
that might under some circumstances be construed as changing
the application of existing law.
The bill includes a number of provisions, that have been
virtually unchanged for many years, which are technically
considered legislation.
The bill provides that several of the appropriations shall
remain available for obligation beyond the current fiscal year.
In all cases it is deemed desirable to carry such language in
order to provide for orderly administration of such programs
and effective use of funds.
In various places in the bill, the Committee recommendation
continues the prior year practice of designating amounts within
appropriation accounts in order to fund specific programs and
has adjusted some designations.
The bill contains a number of general provisions and other
language provisos that have been carried in the bill in past
years that include limitations and conditions on funding
provided in the Act.
Additional changes in the fiscal year 2013 bill, which may
be construed as changing existing law, are as follows:
Title I
Under ``Diplomatic and Consular Programs'' language is
included designating funding, transfer authority to other
accounts within ``Administration of Foreign Affairs'', and
limitations on certain programs, offices, and activities.
Under ``Diplomatic and Consular Programs'' language,
carried in prior years, is included designating the
availability and use of certain fees and transfers from other
agencies.
Under ``Capital Investment Fund'' language, carried in
prior years, is included stating that section 135(e) of Public
Law 103-236 shall not apply.
Under ``Educational and Cultural Exchange Programs'',
language, carried in prior years, is included designating the
availability and use of certain fees.
Under ``Embassy Security, Construction, and Maintenance''
language, carried in prior years, is included placing
limitations on the uses of funds and requiring submission of an
operating plan.
Under ``Emergencies in the Diplomatic and Consular
Service'' language, carried in prior years, is included
permitting the transfer of not to exceed $1,000,000 to the
``Repatriation Loans Program Account''.
Under ``Repatriation Loans Program Account'' language,
carried in prior years, directing that costs shall be defined
as in section 502 of the Congressional Budget Act of 1974.
Under ``Contributions to International Organizations''
language, carried in prior years, is included requiring
submission to the Committees on Appropriations of the United
Nations biennial budget, a report on available credits and
limiting the use of such credits, notification of any increase
in the United Nations program, without a corresponding offset,
requiring that any payment of arrearages must be mutually
agreed upon, and prohibiting contributions to an international
organization for interest costs for loans incurred on or after
October 1, 1984.
Under ``Contributions to International Peacekeeping
Activities'' language, similar to language carried in prior
years, is included prohibiting funds from being obligated for
any new or expanded United Nations peacekeeping mission unless
the Committees on Appropriations are notified in advance
concerning several matters and the Secretary of State
determines that American manufacturers and suppliers are not
being given opportunities to provide equipment and services,
and requiring a report on available credits and limiting the
use of such credits.
Under ``International Boundary and Water Commission, United
States and Mexico'' and ``American Sections, International
Commissions'', language, carried in prior years, is included
providing a limitation on the amount available for
representation expenses.
Under ``International Broadcasting Operations'', language,
carried in prior years, setting limitations on funds available
for certain expenses and receipts, requiring the BBG to make
funds available to expand unrestricted access to information on
the Internet through the development and use of circumvention
technologies, and requiring notifications regarding certain
determinations and modifications to BBG language programs and
services.
Under ``National Endowment for Democracy'' language,
carried in prior years designating amounts for programs and
requiring submission of a spend plan.
Under ``Congressional-Executive Commission on the People's
Republic of China'', and ``United States-China Economic and
Security Review Commission'' language, carried in prior years,
placing a limitation on official representation expenses.
Under ``United States-China Economic and Security Review
Commission'', several provisos are included relating to
personnel and financial management authorities, similar to
language carried in fiscal year 2009.
Title II
Under ``Operating Expenses of the United States Agency for
International Development'', language, similar to language
carried in prior years, is included prohibiting USAID from
financing construction or entering into leases, except when
necessary for continuity of operations; allowing the transfer
of funding into the ``Operating Expenses of the United States
Agency for International Development'' account; requiring
notifications and consultations; designating funding; and
limiting and placing restrictions on representation and
entertainment expenses.
Under ``Capital Investment Fund'', language is included
designating funding and requiring consultations.
Under ``Operating Expenses of the United States Agency for
International Development Office of Inspector General'',
language is included designating funding and requiring
notifications.
Title III
Under ``Global Health Programs'' language, carried in prior
years, is included placing restrictions and requirements
related to family planning and abortion; designating funding
and purposes; and allowing the use of five percent of the
contribution to the Global Fund for USAID technical assistance
programs.
Under ``Development Assistance'', language is included
designating funding.
Under ``International Disaster Assistance'', language is
included designating funding.
Under ``Transition Initiatives'', language is included
designating funding; outlining the use of the funds; requiring
Congressional notification at least 5 days prior to the
initiation of a country program; and allowing the use of
additional funds in the Act for the same purposes and with the
same authorities as funds in Transition Initiatives.
Under ``Development Credit Authority'', language is
included authorizing transfers of up to $40,000,000, when added
to the funds transferred pursuant to the authority contained
under this heading in Public Law 107-115; capping the level of
guarantees or direct loans for one country to $300,000,000;
capping guarantees at $750,000,000; defining the use of funds;
and designating funding for administrative expenses.
Under ``Economic Support Fund'', language is included that
establishes funding levels; transfers funds to the National
Endowment for Democracy for Cuba democracy programs; provides
for a portion of the assistance for Colombia to be transferred
to the ``Migration and Refugee Assistance'' account to aid
Colombian refugees; and allows funds to be made available for
countries identified in Public Law 101-179 and Public Law 102-
511.
Under ``Democracy Fund'', language is included that
establishes funding levels for certain democracy assistance
programs.
Under ``Migration and Refugee Assistance'', language is
included designating funds to resettle humanitarian migrants to
Israel and to respond to small-scale emergency humanitarian
requirements.
Under ``Peace Corps'', language, similar to that carried in
prior years, allowing the Director to transfer funds to help
mitigate exchange rate losses, placing limitations on certain
activities, and requiring notifications.
Under ``Millennium Challenge Corporation'', language is
included designating funding; allowing the use of up to 5
percent of funds to carry out section 616 of the Millennium
Challenge Act of 2003 upon the provision of a report to
Congress; restricting the ability of the MCC to enter into
compacts until certain conditions are met; making reprogramming
of funds subject to notification; revising the income
eligibility criteria for lower and lower-middle income
candidate countries; and limiting and placing restrictions on
entertainment and representation allowances.
Under ``Inter-American Foundation'', language, carried in
prior years, is included designating funding and limiting
certain activities.
Under ``African Development Foundation'', language, carried
in prior years, is included allowing for the investment of
project funding by grantees, notwithstanding section 505(a)(2)
of the African Development Foundation Act to allow the waiver
of the $250,000 limitation and exceeding the limit of $250,000
if the increase is due to currency fluctuation, designating
funding, and requiring a report.
Under ``International Affairs Technical Assistance'',
language is included designating funding, and provides funding
notwithstanding any other provision of law.
Title IV
Under ``International Narcotics Control and Law
Enforcement'', the Department of State is given the authority
to use section 608 of the Foreign Assistance Act of 1961 to
provide excess property to a foreign country; waives section
482(b) of the Foreign Assistance Act, subject to notification;
requires a report prior to obligation of funds; prohibits funds
for the Bolivian military and police; and includes a
requirement for reporting of modifications to the security
strategy of the Palestinian Authority.
Under ``Nonproliferation, Anti-terrorism, Demining, and
Related Programs'' language, carried in prior years, provides
funds for the Nonproliferation and Disarmament Fund with a
number of requirements to notify; conditions a contribution on
a determination; limits administrative expenses for the
demining program; and extends availability of ``Anti-terrorism
Assistance'' and ``Export Control and Border Security'' funding
to 2014.
Under ``Peacekeeping Operations'' establishes a funding
floor for the contribution to the Multinational Force and
Observers; provides that a portion of funds made available for
Somalia may be used to pay assessed cost of international
peacekeeping activities and is available for two years;
prohibits funds from being used to train child soldiers; and
provides that all funds are subject to regular notification
procedures of the Committees on Appropriations.
Under ``International Military Education and Training''
language, carried in prior years, is included which allows a
portion of the funds to be available for two years; provides
that civilian personal may receive training if such
participation will contribute to overall objectives of the
program; provides that funding for certain countries is
available only through the regular notification procedures; and
establishes a cap on entertainment allowances.
Under ``Foreign Military Financing Program'' language is
included providing the Secretary of State with authority
expedite procurement of defense articles subject to prior
consultation; establishes funding levels for Israel, Egypt, and
Jordan; provides funds for the procurement in Israel of defense
articles; requires that all funds for Israel must be disbursed
within 30 days of enactment of this Act; allows funds for Egypt
to be transferred to an interest bearing account; establishes a
limitation on funds used to fulfill programs initiated under
authorities from other Acts until programs are justified to the
Committees on Appropriations; sets a limitation on
administrative expenses; provides not more than $885,000,000
from certain other funds may be obligated for expenses incurred
pursuant to section 43(b) of the Arms Export Control Act;
establishes a cap on entertainment allowances; sets
limitations; and requires notifications.
Title V
Under ``International Organizations and Programs'',
language is included designating funding; prohibiting funds for
the Intergovernmental Panel on Climate Change/United Nations
Framework Convention on Climate Change; and indicating that
section 301 of the Foreign Assistance Act of 1961 does not
apply to certain contributions.
Under ``Global Environment Facility'', language is included
designating funding.
Under ``Contribution to the International Development
Association'', language is included designating funding.
Under ``Contribution to the International Bank for
Reconstruction and Development'', language is included
designating funding.
Under ``Limitation on Callable Capital Subscriptions'',
language is included designating a limitation on funding.
Under ``Contribution to the Global Agriculture and Food
Security Program'', language is included designating funding.
Under ``Contribution to the Inter-American Development
Bank'', language is included designating funding.
Under ``Limitation on Callable Capital Subscriptions'',
language is included designating a limitation on funding.
Under ``Contribution to the Asian Development Bank'',
language is included designating funding.
Under ``Limitation on Callable Capital Subscriptions'',
language is included designating a limitation on funding.
Under ``Contribution to the Asian Development Fund'',
language is included designating funding.
Under ``Contribution to the African Development Bank'',
language is included designating funding.
Under ``Limitation on Callable Capital Subscriptions'',
language is included designating funding.
Under ``Contribution to the African Development Fund'',
language is included designating funding.
Under ``Contribution to the International Fund for
Agriculture Development'', language is included designating
funding.
Title VI
Under ``Export-Import Bank of the United States, Inspector
General'', language is included designating funding.
Under ``Export-Import Bank of the United States, Program
Account'', language is included setting a limitation on funds
to countries having detonated nuclear explosives unless
designated an eligible nuclear weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons; extends authority contained in sections 1(a) and (b)
of Public Law 103-428.
Under ``Export-Import Bank of the United States, Subsidy
Appropriation'', language is included designating funding
levels; provides that funds are appropriated under the
authorities of the Credit Reform Act of 1990; designating the
availability of funds; and makes funds for tied aid subject to
notification.
Under ``Export-Import Bank of the United States,
Administrative Expenses'', language is included designating
funds and limiting representation expenses; extending
subsection (a) of section 117 of the Export Enhancement Act of
1992 until October 1, 2013; and requiring fees to be charged.
Under ``Export-Import Bank of the United States, Receipts
Collected'', language is included providing that receipts
collected pursuant to the Export-Import Bank Act of 1945, as
amended, and the Federal Credit Reform Act of 1990, as amended,
will be credited as offsetting collections to the account,
resulting in a $0 appropriation from the General Fund, and
providing that up to $50,000,000 in receipts in excess of
obligations are available from September 1, 2013 until
September 30, 2016.
Under ``Overseas Private Investment Corporation, Noncredit
Account'', language is included designating funding levels;
limiting representation expenses; and providing that certain
costs shall not be considered administrative costs.
Under ``Overseas Private Investment Corporation, Program
Account'', language is included designating funding levels and
availability; making funds available for the cost of direct and
guaranteed loans under the authorities of the Credit Reform Act
be derived by transfer from the Overseas Private Investment
Corporation Noncredit Account; designating funding
availability; providing authority for OPIC to undertake
programs in Iraq; requiring certain notifications; and making
funds available for administrative expenses.
Under ``Trade and Development Agency'', language is
included designating funding levels setting representation and
entertainment allowances.
Title VII
Under ``General Provisions'':
Sec. 7001 includes language, carried in prior years,
regarding allowances and differentials.
Sec. 7002 includes language, carried in prior years,
requiring the Department of State and the Broadcasting Board of
Governors to provide quarterly reports on the cumulative
balances of any unobligated funds.
Sec. 7003 includes language requiring that consulting
service contracts shall be a matter of public record.
Sec. 7004 includes language, carried in prior years,
requiring inter-agency cost sharing with respect to the
construction and use of diplomatic facilities and setting
limitations and notification requirements. Prior year language
relating to the New London Embassy is moved to section 7006.
Sec. 7005 includes language, carried in prior years,
regarding certain personnel actions and the authority to
transfer funds between appropriations accounts.
Sec. 7006 includes language, similar to prior years
(section 7004) with respect to construction of the New London
Embassy.
Sec. 7007 includes language, carried in prior years,
prohibiting assistance to Cuba, North Korea, Cuba, Iran and
Syria.
Sec. 7008 includes language, carried in prior years,
prohibiting assistance for countries whose duly elected head of
government is deposed by military coup or decree, or a military
coup or decree in which the military plays a decisive role.
Sec. 7009 includes language, similar to that carried in
prior years, setting limitations and conditions on transfers
between appropriations accounts, and requiring audits of
certain transfers.
Sec. 7010 includes language, similar to that in prior
years, directing the provision of specified quarterly reports.
Sec. 7011 includes language, carried in prior years,
regarding the availability of funds made available in the Act.
Sec. 7012 includes language, carried in prior years,
prohibiting assistance for countries in default, unless there
is a Presidential determination that such assistance is in the
national interest of the United States.
Sec. 7013 includes language, carried in prior years,
prohibiting assistance to a country in which the assistance is
subject to taxation, unless the Secretary of State makes
certain determinations.
Sec. 7014 includes language, similar to that carried in
prior years, regarding the reservation of funds and the
designation of certain funding levels.
Sec. 7015 includes language, similar to that carried in
prior years, establishing the reprogramming notification
requirements regarding funds made available in the Act.
Sec. 7016 includes language, carried in prior years,
regarding the notification requirements concerning the
provision of excess Department of Defense articles.
Sec. 7017 includes language, carried in prior years,
regarding the availability of funds for international
organizations and programs.
Sec. 7018 includes language, carried in prior years,
prohibiting funding for abortions and involuntary
sterilization.
Sec. 7019 includes language, carried in prior years,
regarding certain funding allocations specified in the report
accompanying the Act.
Sec. 7020 includes language, carried in prior years,
prohibiting the use of assistance for entertainment expenses.
Sec. 7021 includes language, carried in the prior year,
prohibiting assistance for countries that support international
terrorism.
Sec. 7022 includes language, similar to that carried in
prior years, extending certain authorities necessary to expend
funds made available under the Act.
Sec. 7023 includes language, carried in prior years,
defining the terms ``program'', ``project'' and ``activity''.
Sec. 7024 includes language, carried in prior years,
regarding certain authorities for the Peace Corps, Inter-
American Foundation and the African Development Foundation.
Sec. 7025 includes limitation language, carried in prior
years, relating to commerce, trade, and surplus commodities.
Sec. 7026 includes language, carried in prior years,
regarding the requirement that separate accounts be established
for cash transfers and assistance that generates local
currencies and establishing certain conditions on the use of
those funds.
Sec. 7027 includes language, similar to that carried in
prior years, regarding assistance through nongovernmental
organizations and assistance provided under the Public Law 480
program.
Sec. 7028 includes language, modified from the prior year,
establishing certain limitations on assistance that may impact
jobs in the United States.
Sec. 7029 includes language, similar to that carried in
prior years, establishing certain conditions on funds
appropriated to international financial institutions.
Sec. 7030 includes language, carried in prior years,
regarding ``debt-for-development'' programs.
Sec. 7031 includes language, similar to that carried in
prior years, regarding management of assistance and budget
transparency of recipient countries.
Sec. 7032 includes new language regarding the designation
of funds for programs that promote democracy and establishing
criteria for the administration of these programs.
Sec. 7033 includes language, similar to that carried in the
prior year, on multi-year commitments.
Sec. 7034 includes language, similar to that carried in
prior years, granting certain special authorities relating to
funds made available under the Act.
Sec. 7035 includes language, carried in prior years,
expressing the sense of Congress related to the Arab League
Boycott of Israel.
Sec. 7036 includes language, carried in prior years,
establishing limitations on the use of funds in support of a
Palestinian state.
Sec. 7037 includes language, carried in prior years,
establishing restrictions on the use of funds for the purpose
of conducting official United States Government business with
the Palestinian Authority.
Sec. 7038 includes language, carried in prior years,
restricting assistance to the Palestinian Broadcasting
Corporation.
Sec. 7039 includes language, modified from the prior year,
placing conditions on assistance for the West Bank and Gaza.
Sec. 7040 includes language, modified from the prior year,
placing limitations on any assistance for the Palestinian
Authority and prohibiting assistance to Hamas.
Sec. 7041 includes language, modified from the prior year,
placing limitations on assistance for the Palestinian Authority
relating to United Nations membership.
Sec. 7042 includes language, modified from the prior year,
placing conditions on assistance for countries in the Egypt,
Iran, Lebanon, Iraq, Libya, and Yemen; extending certain
reporting requirements relating to Iran; and setting guidelines
for, and limitations on, the provision of assistance in Iraq.
Sec. 7043 includes language, modified from the prior year,
placing conditions on assistance for certain countries in
Africa; designating certain funding levels; placing limitations
on assistance for Sudan and Zimbabwe; setting guidelines for
assistance for South Sudan; and designating funding in areas
affected by the Lord's Resistance Army and related to war
crimes.
Sec. 7044 includes language, modified from the prior year,
placing conditions on assistance for Burma, North Korea,
Cambodia, the People's Republic of China; and including
authorities for assistance for Tibet.
Sec. 7045 includes language, modified from the prior year,
setting guidelines on assistance for Colombia; extending
authorities for Haiti; conditioning assistance for Honduras;
designating availability of funds for trade capacity programs;
and addressing the costs and maintenance of aircraft funded in
this Act.
Sec. 7046 includes language, similar to that carried in
prior years, setting limitations on assistance for Afghanistan;
including reporting and auditing requirements for assistance
for Afghanistan; conditioning assistance for Pakistan;
including reporting requirements for Pakistan; and providing
authority for regional cross border programs.
Sec. 7047 includes language, carried in prior years,
regarding authority for the President to drawdown certain funds
to support the United Nations War Crimes tribunals or
commissions.
Sec. 7048 includes language, carried in prior years,
regarding United States payments to United Nations members.
Sec. 7049 includes language, similar to that carried in
prior years, conditioning funds made available to the United
Nations (UN) until certain transparency measures are met;
setting limitations on contributions to the United Nations
agencies and specifically the UN Human Rights Council and
UNRWA; prohibiting funds for construction of the UN
Headquarters; and including a reporting requirement.
Sec. 7050 includes language, similar to that carried in
prior years, related to assistance made available for
community-based policing programs.
Sec. 7051 includes language, carried in prior years,
establishing limitations on funds available under the Act being
used to support attendance at international conferences.
Sec. 7052 includes language, carried in prior years,
relating to aircraft transfer and coordination.
Sec. 7053 includes language, carried in prior years,
relating to unpaid parking fines and real property taxes owed
by foreign countries.
Sec. 7054 includes language, carried in prior years,
relating to landmines and cluster munitions.
Sec. 7055 includes language, carried in prior years,
limiting funding for publicity or propaganda purposes within
the United States.
Sec. 7056 includes language, carried in prior years,
limiting the amount of funds made available under title II of
the Act for residence expenses of the United States Agency for
International Development.
Sec. 7057 includes language, carried in prior years,
regarding certain management conditions and authorities of the
United States Agency for International Development.
Sec. 7058 includes language, modified from the prior year,
regarding global health activities.
Sec. 7059 includes language, carried in prior years,
regarding the promotion of tobacco products.
Sec. 7060 includes language, similar to that carried in
prior years, regarding programs that promote gender equality.
Sec. 7061 includes language, similar to that carried in
prior years, regarding gender-based violence programs.
Sec. 7062 includes language, modified from the prior year,
regarding assistance for programs related to basic education,
food security and agriculture development, microenterprise,
reconciliation, trafficking in persons, water, and women's
leadership capacity; and establishing notification
requirements.
Sec. 7063 includes language, similar to that carried in
prior years, regarding assistance for Uzbekistan.
Sec. 7064 includes language, carried in prior years,
limiting assistance for nongovernmental organizations that do
not provide documents necessary for auditing purposes.
Sec. 7065 includes new language regarding assistance for
family planning programs and reproductive health.
Sec. 7066 includes language, modified from the prior year,
regarding funds to eliminate inhumane conditions in foreign
prisons.
Sec. 7067 includes language, modified from the prior year,
prohibiting funds for the use of torture.
Sec. 7068 includes language, carried in prior years,
prohibiting funds for a country that does not cooperate in the
extradition to the United States of certain individuals.
Sec. 7069 includes language, carried in prior years,
regarding commercial leasing of defense articles.
Sec. 7070 includes language, carried in prior years,
conditioning assistance for the independent states of the
former Soviet Union.
Sec. 7071 includes language, similar to that carried in
prior years, regarding the International Monetary Fund.
Sec. 7072 includes language, carried in fiscal year 2009,
regarding repression of religion, political opposition and the
media in the Russian Federation.
Sec. 7073 includes language, carried in prior years,
prohibiting first class travel by employees of agencies funded
in this Act.
Sec. 7074 includes language, carried in prior years,
conditioning assistance for Serbia.
Sec. 7075 includes language, modified from the prior year,
establishing restrictions on funds made available under titles
III through VI of the Act to support enterprise funds.
Sec. 7076 includes language, similar to that carried in
prior years, requiring spending and operating plans for funds
provided in this Act.
Sec. 7078 includes language, similar to that carried in the
prior year, conditioning funds provided as contributions to the
multilateral development banks.
Sec. 7079 includes language, carried in prior years,
prohibiting funds for programs in contravention of this Act.
Sec. 7080 includes new language prohibiting funds in this
Act for implementing rules, regulations, or executive orders
relating to disclosure of political contributions.
Sec. 7081 includes language imposing a limitation on funds
to any country, regarding the transfer of individuals detained
at Guantanamo Bay, Cuba.
Sec. 7082 includes new language prohibiting funds in this
Act for contracts or other agreements to any corporation with a
felony criminal conviction or unpaid Federal tax liability.
Sec. 7083 includes new language relating to the provision
of the Department of State's Congressional budget
justification.
Title VIII
Under ``Diplomatic and Consular Programs'', includes
language designating funding amounts, allowing the transfer of
funds to other federal departments and agencies, and requiring
notification of any such transfers.
Under ``Office of Inspector General'', includes language,
carried in prior years, designating an amount for the Special
Inspector General for Afghanistan Reconstruction.
Under ``Economic Support Fund'', includes language
permitting a transfer of up to a specified amount to funds made
available under the heading ``International Broadcasting
Operations''.
Sec. 8001 includes language, carried in the fiscal year
2012 Act, stating that funds appropriated in title VIII are in
addition to amounts appropriated in the bill for fiscal year
2013.
Sec. 8002 includes language, carried in the fiscal year
2012 Act, stating that funds appropriated in title VIII shall
be available under the authorities and conditions applicable to
such appropriations accounts, unless directed otherwise in the
bill.
Sec. 8004 includes language permitting the transfer of
funds from ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' in
title VIII of the bill to ``Pakistan Counterinsurgency
Capability Fund''.
Appropriations Not Authorized By Law
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
----------------------------------------------------------------------------------------------------------------
Appropriations in
Agency/Activity Last Year Authorization Last Year of Appropriations in
Authorized Level Authorization the Bill
----------------------------------------------------------------------------------------------------------------
Department of State/ 2003............. $5,290,390,000... $5,874,914,000... $11,360,543,000
Administration of Foreign
Affairs.
Department of State/ 2003............. $1,529,702,000... $1,672,000,000... $3,138,951,000
International Organizations.
Department of State/ 2003............. $71,385,000...... $57,730,000...... $120,330,000
International Commissions.
Department of State/Related 2003............. $72,000,000...... $69,986,000...... $139,785,000
Programs.
Broadcasting Board of Governors. 2003............. $644,486,000..... $599,560,000..... $747,130,000
Export Import Bank of the U.S. 2012............. Such sums as may $58,000,000...... $38,000,000
Subsidy Appropriation. be necessary.
Export Import Bank of the U.S. 2012............. Such sums as may $89,900,000...... $94,900,000
Administrative Expenses. be necessary.
Overseas Private Investment 2012............. Such sums as may $54,990,000...... $54,990,000
Corporation Administrative be necessary.
Expenses.
Overseas Private Investment 2012............. Such sums as may $25,000,000...... $25,000,000
Corporation Noncredit Account. be necessary.
Global Health Programs (see note Population Population Population $2,474,851,000
below). (1987); Health ($290,000,000); ($234,625,000); (includes
and Disease Health and Health and $461,000,000 for
Prevention Disease Disease Population)
(1987); Child Prevention Prevention
Survival Fund ($180,000,000); ($166,762,000);
(1987). Child Survival Child Survival
Fund Fund (75,000,000).
($75,000,000).
Development Assistance (see note Agriculture; Agriculture Agriculture $2,519,950,000
below). (1987) Education ($760,000,000); ($693,613,000); (includes:
(1987); Energy Education Education $260,000,000 for
and selected ($180,000,000); ($155,000,000); basic education;
development Energy and Energy and other programs
activities (1987). selected selected difficult to
development development determine due to
activities activities changing
($207,000,000). ($149,990,000). definitions of
programs since
last authorized)
Transition Initiatives...... None (same NA............... NA............... $56,695,000
authorities as
International
Disaster
Assistance).
Development Credit Authority.... None............. NA............... NA............... $40,000,000 (by
transfer)
Development Credit Authority-- None............. NA............... NA............... $8,200,000
administrative expenses.
Operating Expenses of the United 1987............. $387,000,000..... $340,600,000..... $1,274,113,000
States Agency for International
Development.
Capital Investment Fund......... None............. NA............... NA............... $129,700,000
Operating Expenses of the United 1987............. $21,750,000...... $21,000,000...... $50,500,000
States Agency for International
Development--Inspector General.
Economic Support Fund........... 1987............. $3,800,000,000... $3,555,000,000... $5,209,978,000
Democracy Fund.................. None............. NA............... NA............... $119,770,000
Inter-American Foundation....... 1993............. $31,000,000...... $30,960,000...... $18,100,000
African Development Foundation.. 1987............. $3,872,000....... $6,500,000....... $24,000,000
Peace Corps..................... 2003............. $365,000,000..... $295,069,000..... $375,000,000
Millennium Challenge Corporation 2005............. Such sums as may $1,488,000,000... $898,200,000
be necessary.
International Narcotics Control 1994............. $171,500,000..... $100,000,000..... $2,358,100,000
and Law Enforcement.
Migration and Refugee Assistance 2003............. $820,000,000..... $781,884,000..... $1,683,400,000
U.S. Emergency Refugee and 1962............. Such amounts as NA............... $47,000,000
Migration Assistance Fund (note may be necessary.
below).
Nonproliferation, Anti- 2003............. $226,200,000..... NA............... $665,464,000
terrorism, Demining and Related
Programs (see note below).
International Military Education 2003............. $85,000,000...... $79,480,000...... $102,643,000
and Training.
Foreign Military Financing...... 2003............. $4,107,000,000... $6,104,632,000... $6,312,000,000
Peacekeeping Operations......... 1999............. $83,000,000...... $76,500,000...... $345,000,000
International Organizations and 1987............. $236,084,000..... $237,264,000..... $276,500,000
Programs.
Global Agriculture and Food None............. NA............... NA............... $99,800,000
Security Program.
----------------------------------------------------------------------------------------------------------------
Note: Amounts for Administration of Foreign Affairs, International Organizations, Operating Expenses,
International Disaster Assistance, Transition Initiatives, Economic Support Fund, Migration and Refugee
Assistance, Nonproliferation, Anti-terrorism, Demining and Related Programs, and Foreign Military Financing
Program include funds appropriated in title VIII of the bill and designated for OCO/GWOT pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985.
Note: Programs recommended herein under ``Global Health Programs'' were last authorized under a different
account structure than that recommended in this bill; the account structure included a number of functional
accounts, as described above.
Note: Programs recommended herein under ``International Disaster Assistance'' account was formerly called the
``International Disaster and Famine Assistance'' account and was last authorized under that account name.
Note: Funds for the United States Emergency Refugee and Migration Assistance Program (ERMA) are authorized in
such amounts as may be necessary; however, appropriations which would result in a balance in the fund of more
than $100,000,000 are prohibited (22 U.S.C. 2601(c)) absent a waiver of this provision of law.
Note: Programs recommended herein under ``Nonproliferation, Anti-terrorism, Demining, and Related Programs''
include some major programs for which authorizations of appropriations were provided for fiscal year 2002;
these programs include $73,000,000 authorized for antiterrorism assistance and $142,000,000 authorized for
nonproliferation activities. In addition, some programs now in this account were previously in accounts which
had authorizations of appropriations in prior years.
Rescissions
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the rescissions recommended in the accompanying bill:
Department of State--Diplomatic and Consular Programs. $5,700,000
Bilateral Economic Assistance--Economic Support Fund.. 100,000,000
Department of State--Diplomatic and Consular Programs, 54,000,000
designated for Overseas Contingency Operations/Global
War on Terrorism.....................................
Transfers of Funds
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table lists the
transfers of funds included in the accompanying bill:
Under the heading ``Diplomatic and Consular Programs'' in
title I, language is included permitting the transfer of up to
$15,300,000 of the funds made available under the heading to
``Payment to the American Institute in Taiwan''.
Under the heading ``Economic Support Fund'' in title III,
language is included transferring $20,000,000 to ``National
Endowment for Democracy''.
Under the heading ``Diplomatic and Consular Programs'' in
title VIII, language is included permitting the transfer of up
to $150,000,000 of the total funds made available under the
heading to any other department or agency of the United States
to support operations in and assistance for Afghanistan.
Under the heading ``Economic Support Fund'' in title VIII,
language is included permitting the transfer of up to
$4,400,000 of the funds under the heading to ``Broadcasting
Board of Governors, International Broadcasting Operations'' for
support of broadcasting to the border-region of Afghanistan and
Pakistan.
Disclosure of Earmarks and Congressionally Directed Spending Items
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, neither the bill nor this report contain
any congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9 of rule XXI of the Rules
of the House of Representatives.
Compliance With Rule XIII CL. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, the Committee notes that the
accompanying bill does not propose to repeal or amend a statute
or part thereof.
Comparison With The Budget Resolution
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority provided in the bill with
the appropriate allocation under section 302(b) of the Budget
Act.
BUDGETARY IMPACT PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 808(a), PUBLIC
LAW 93-344, AS AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
---------------------------------------------------------------
Budget Budget
authority Outlays authority Outlays
----------------------------------------------------------------------------------------------------------------
Mandatory....................................... 159 159 159 \1\159
Discretionary................................... 48,377 51,023 48,377 51,023
General Purpose............................... 40,132 48,569 40,132 48,569
Overseas Contingency.......................... 8,245 2,454 8,245 2,454
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
Five-Year Outlay Projections
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(1)(B) of the
Congressional Budget Act of 1974, the following table contains
five-year projections associated with the budget authority
provided in the accompanying bill as provided to the Committee
by the Congressional Budget Office.
[In millions of dollars]
Projection of outlays associated with the recommendation:
2013...................................................... \1\20,738
2014...................................................... 13,241
2015...................................................... 7,861
2016...................................................... 3,640
2017 and future years..................................... 2,882
\1\Excludes outlays from prior-year budget authority.
---------------------------------------------------------------------------
Assistance To State And Local Governments
Pursuant to clause 3(c)(2) of rule XIII and section
308(a)(1)(C) of the Congressional Budget Act of 1974, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments.
Financial assistance to State and local governments for 2013 \1\0
\1\Excludes outlays from prior-year budget authority.
---------------------------------------------------------------------------
Constitutional Authority
Pursuant to clause section 6(e) of the rules of the
Committee on Appropriations of the House of Representatives,
the following statement is submitted regarding the specific
powers granted to the Congress in the Constitution to enact the
accompanying bill or joint resolution.
The principal constitutional authority for this
legislation is clause 7 of section 9 of article I of
the Constitution of the United States (the
appropriation power), which states: ``No Money shall be
drawn from the Treasury, but in Consequence of
Appropriations made by Law . . . .'' In addition,
clause 1 of section 8 of article I of the Constitution
(the spending power) provides: ``The Congress shall
have the Power . . . to pay the Debts and provide for
the common Defense and general Welfare of the United
States . . . .'' Together, these specific
constitutional provisions establish the congressional
power of the purse, granting the Congress the authority
to appropriate funds, to determine their purpose,
amount, and period of availability, and to set forth
terms and conditions governing their use.
Comparative Statement of New Budget (Obligational) Authority
The following table provides a detailed summary, for each
department and agency, comparing the amounts recommended in the
bill with fiscal year 2012 enacted amounts and budget estimates
presented for fiscal year 2013:
MINORITY VIEWS OF REPRESENTATIVE NORM DICKS AND REPRESENTATIVE NITA M.
LOWEY
Diplomacy and development, critical components of the
United States' national security strategy, are essential to
making Americans safe at home and abroad. Since the inception
of a foreign assistance appropriations subcommittee in the form
of the Special Subcommittee on Foreign Aid Appropriations (the
Marshall Plan Subcommittee) in 1949, this subcommittee has
supported our national security interests as they intersect
with our interests abroad. From rebuilding war-ravaged Europe
to providing life-saving treatment to millions of people in
sub-Saharan Africa, the subcommittee's bill has improved the
lives of the most vulnerable peoples in the world for over
sixty years. By addressing the root causes of conflict, the
foreign assistance investments under the jurisdiction of the
subcommittee promote stability, peace, and economic growth
while comprising less than 1% of our overall federal budget.
Funding these investments now is the best and most effective
way we can ensure that our nation does not have to pursue
unilateral military solutions later, which are ultimately far
more expensive in blood and treasure.
Throughout the years this bill has been considered on a
bipartisan basis and we want to thank Chairwoman Granger for
continuing the long-standing tradition of finding common ground
on national security issues. She is a superb chair of this
Subcommittee and we greatly appreciate her courtesy, observance
of regular order, and consistently involving the minority in
the drafting of the bill and report as well as throughout the
committee process.
The Committee recommendation for FY 2013 for State, Foreign
Operations is $40.132 billion in core funding and $8.245
billion in Overseas Contingency Operations (OCO), for a total
of $48.377 billion. This is 2.5% above last year's House mark,
but 9.3% below the FY 2012 enacted level and 11.6% below the
President's request. While it is $563 million higher than the
House allocation provided for State, Foreign Operations in FY
2012, it is nevertheless inadequate to meet the needs of many
programs and activities in the bill. In comparison, the FY 2013
allocation for the Senate State, Foreign Operations bill is
$49.8 billion in core and $3.1 billion in OCO for a total of
$52.9 billion, or $4.5 billion (8.5%) higher than the House
allocation.
We are extremely disappointed that House Republicans walked
away from the bipartisan agreement to establish $1.047 trillion
as the Committee's allocation. Basing this bill's allocation on
an unrealistic overall discretionary budget directly results in
significant cuts to vital diplomatic and development programs
and prevents any new commitment of resources to address the
myriad of global challenges facing the United States.
However, within the constrained 302(b) allocation, we
greatly appreciate the Chair's efforts to include many of our
top priorities. We are pleased that the bill provides
assistance at the President's request level to Israel, an
important ally in a volatile region of the world which is
critical to our national security interests. The bill also
continues to meet our commitments to other important Middle
East partners. Funding is provided to Egypt but the
prohibitions on economic and security assistance are continued
if the Government of Egypt does not adhere to the peace treaty
with Israel and other important conditions. We also support the
continuation of conditions on aid to the Palestinian Authority
and the provisions withholding economic assistance should the
Palestinians obtain membership at the United Nations or its
specialized agencies outside of an agreement with Israel. These
conditions, as well as language maintaining restrictions on
Iran, assist Congress in maintaining oversight over programs in
a rapidly-changing environment.
The bill realigns its scarce core resources away from
Afghanistan, Pakistan and Iraq, cutting funding by a total of
29% from the President's budget request and moving almost all
of the funding for these frontline countries to the OCO title.
This makes valuable core funding available for critical
programs, projects and activities throughout the rest of the
world.
The bill provides robust funding for our global health
efforts and funds PEPFAR at last year's levels, which is $193
million above the request, and includes $1.3 billion for the
Global Fund, which is the same as FY 2012. Additionally, we
support report language that maintains current funding levels
for child survival and maternal health, nutrition, malaria,
tuberculosis and programs for vulnerable children. By
harnessing the ingenuity and technological capacity of our
country, the United States saves thousands of lives each year.
The bill also funds the development assistance account at
the FY 2012 enacted level. These funds build stronger and more
stable communities around the world by building a government's
capacity to care for their citizens for generations to come and
their resilience to withstand future challenges. Our goal must
be to eventually phase-out assistance to countries, and our
development assistance programs are key to this outcome. By
working together with developing country partners to build food
security, support women through microloans, integrate
environmental sustainability, and provide a basic education to
children and young adults, the bill ensures that our own future
is more secure.
We are also pleased that the bill provides $800 million for
basic education programs. These programs foster healthy,
democratic societies that are the linchpin to all other
national goals and initiatives. Additionally, we support a
United States contribution to the Global Partnership for
Education which will help leverage these dollars and ensure
that the taxpayer is getting the greatest impact possible for
their tax dollar. We also appreciate the Chair maintaining
funding for clean water and basic sanitation as this assistance
is fundamental to the health and economic wellbeing of families
all over the world, particularly women. The funding included in
this bill for these programs helps achieve child survival goals
and prevent deadly disease outbreaks.
While we note that the Chair accommodated numerous
Democratic priorities, we nevertheless are extremely
disappointed that the Republican leadership of the House
continues to target family planning programs for cuts and
divisive policy riders. Evidence has shown time and again that
these programs lead to fewer unwanted pregnancies, fewer
abortions, and fewer maternal and infant deaths. These are
goals that all in Congress share. The United Nations recently
released new numbers showing that maternal deaths have been cut
by almost half in the last 20 years, in part due to the United
Nations Population Fund's (UNFPA) efforts throughout the world.
A study by Stanford University showed that abortions more than
doubled in African countries most affected by the Mexico City
Policy when it was implemented by the Bush Administration. It
is therefore incomprehensible that the Republican Majority
continues to insist on including provisions proven to result in
more abortions because they prevent women around the world from
gaining access to essential information and health care
services.
Therefore, we do not support the inclusion of the Mexico
City Policy, or the prohibition on funding for UNFPA, or the
capping of bilateral family planning and reproductive health
programs at $461 million. An amendment was offered by the
Ranking Member of the Subcommittee, Nita Lowey, which would
have replaced the Global Gag Rule and the prohibition on
funding of UNFPA with the UNFPA language that was included in
the FY 2012 Appropriations Act. The amendment would not have
changed any of the current provisions in law that restricts the
use of family planning funds. We are very disappointed that
this amendment failed by a vote of 23 to 27.
Two additional amendments were offered to restore funding
for UNFPA, the largest provider of reproductive health and
family planning services in the world. Representative Rosa
DeLauro offered the first amendment which failed by a vote of
24 to 24. It would have provided the President's request for
UNFPA and restricted funding solely for the prevention and
treatment of obstetric fistulas, changing traditional practices
around female genital mutilation, and providing safe delivery
kits for pregnant women. The Committee's rejection of this
amendment is a tragedy for the 3 million women who face female
genital mutilation and the often deadly complications that
follow, and the 2 million women who suffer the shame and
isolation caused by obstetric fistulas as a result of long,
obstructed labor. Representative Barbara Lee offered the second
amendment which failed by a vote of 22 to 27. It would have
provided the President's request to UNFPA to provide
reproductive health and basic family planning services in the
roughly 100 poorest countries where the United States provides
no bilateral funding.
The bill also eliminates funding to accounts and programs
that address global climate change such as the
Intergovernmental Panel on Climate Change, the Strategic
Climate Fund and the Clean Technology Fund. By not providing
funding for these programs, the bill threatens to roll back
advances in developing countries that are likely to be the
hardest hit by extreme changes in weather patterns and rising
sea levels. Climate change is not just about the environment.
The funding helps to reduce poverty and promote economic growth
in these countries. Evidence shows that failure to provide
these funds increases the risk of conflict and generates
conditions that could lead to failed states and make
populations more vulnerable to radicalization.
We are also concerned about the funding levels provided in
the bill for the operating expenses of the Department of State
and the United States Agency for International Development
(USAID). Inadequate funding jeopardizes the training, support
and security needed by new and existing staff to meet 21st
century requirements and to minimize reliance on the military
to carry out essential diplomatic and development missions. The
bill assumes a freeze on all non-Afghanistan, Pakistan and Iraq
operations and does not include the requested funds for new
hires. The bill also does not provide the authority requested
by the Administration to continue pay comparability, which in
effect will require a significant reduction in pay, beyond a
pay freeze, to the Foreign Service and diplomatic workforce.
The funding cuts in this bill will begin to take USAID and
State Department backwards and make it difficult to retain or
hire the caliber of individuals necessary to accomplish the
national security objectives and goals required of the Foreign
Service.
Further, we are concerned that this bill does not include
authorization for a Working Capital Fund at USAID. Such a fund
is critical to USAID's ability to provide the necessary
accountability and oversight over its large and complex
programs, especially those in the front-line states, new
countries such as South Sudan, and fragile countries such as
Yemen and Somalia. For almost two decades, USAID program
resources have outpaced staffing by more than two to one,
leading to an overreliance on external contractors and grantees
for the technical management of programs and also insufficient
oversight of performance monitoring to ensure that taxpayers
see maximum results for each dollar spent. With a working
capital fund, USAID will have a consistent funding stream
dedicated to management and oversight that is commensurate with
its program levels.
The bill also cuts funding for multilateral assistance by
$734 million below the FY 2012 enacted level and $715 million
below the President's request for FY 2013 and cuts the
multilateral development banks (such as the World Bank and
Asian Development Bank) by 46% from the FY 2012 enacted level
and 50% from the request. The FY 2012 appropriations bill
provided capital increases for the multilateral development
banks for the first time in decades. Shortchanging these
commitments will not just impact United States influence at
these institutions but may also jeopardize their AAA credit
rating causing them to borrow on less favorable terms and
affecting their entire portfolio.
These multilateral institutions are vital components in
protecting our national security interests by both alleviating
suffering and playing a pivotal role in helping countries to
build trade capacity and become reliable economic partners. By
supporting growth in emerging economies, we open new business
opportunities and promote job creation at home.
The Committee adopted, by a vote of 30 to 20, an amendment
to prohibit funds in the bill from being used to advocate for
or agree to any provision of a United Nations Arms Trade Treaty
that would restrict United States citizens' right to bear arms.
However, the Treaty discussions are solely on the illegal arms
trade and have no bearing on the legal possession or purchase
of firearms or the protections of the Second Amendment of the
United States Constitution. It was unfortunate that this
amendment was approved because, without agreed-upon controls to
govern trade in small arms, we make it easier for weapons to be
diverted and fall into the hands of warlords, drug traffickers,
and criminal cartels. Transnational criminal organizations and
gangs use such illegal arms and weapons against innocent
civilians to fuel conflicts all over the world, as seen in the
violence currently occurring along the United States' southern
border. The Treaty does not interfere with legal trade or with
sovereign nations' laws on guns and would not prohibit citizens
of any country from possessing legal firearms.
The Committee adopted an amendment to cut off bilateral
economic assistance to countries that admit President Omar al-
Bashir of Sudan within their borders. There is clear evidence
that President Bashir has committed vile acts against his own
people and the international community must hold him
accountable for his crimes. We are in agreement that the United
States government should use its diplomatic tools to encourage
the political isolation of President Bashir, as well as others
indicted by the International Criminal Court. However, the
United States' bilateral relationship with a country has many
facets and cutting off assistance based on a single factor
could put in motion events that jeopardize regional stability,
limit our influence with important allies and harm our national
security. We hope that the Committee and the Administration
will continue to work closely to address any potential
concerns.
Working to reduce the enormous suffering across the globe
is a bipartisan goal--one that is rooted in the fundamental
generosity of the American people and based on the overriding
national security needs of the United States. This is neither a
Democratic cause nor a Republican cause; it is an American
cause and the right thing to do. We want to reiterate our
appreciation to Chairwoman Granger for working with us. While
the allocation was not at a level we feel is necessary to meet
the growing demands of critical components of our national
security strategy, we want to again acknowledge the many hard
choices that the Chair had to make and the thoughtful
distribution of such limited resources.
We look forward to continuing to work cooperatively with
the Chair and the full committee membership to improve the bill
as we continue through the appropriations process.
Nita M. Lowey.
Norman D. Dicks.