Pub. L. 112-74, div. I, tit. VII (as amended)

7034.(a)Victims of War, Displaced Children, and Displaced Burmese.—Funds appropriated in titles III and VI of this Act that are made available for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in persons and, subject to the regular notification procedures of the Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any other provision of law.(b)Reconstituting Civilian Police Authority.—In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability.(c)World Food Program.—Funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development (USAID), from this or any other Act, shall be made available as a general contribution to the World Food Program, notwithstanding any other provision of law.(d)Disarmament, Demobilization and Reintegration.—Notwithstanding any other provision of law, regulation or Executive order, funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Economic Support Fund, Peacekeeping Operations, International Disaster Assistance, and Transition Initiatives should be made available to support programs to disarm, demobilize, and reintegrate into civilian society former members of foreign terrorist organizations: Provided, That the Secretary of State shall consult with the Committees on Appropriations prior to the obligation of funds pursuant to this subsection: Provided further, That for the purposes of this subsection the term foreign terrorist organization means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.(e)Research and Training.—Funds appropriated by this Act under the heading Economic Support Fund may be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union (title VIII) as authorized by the Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 4501-4508).(f)Contingencies.—During fiscal year 2012, the President may use up to $50,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law.(g)Consolidation of Reports.—The Secretary of State, in coordination with the USAID Administrator, shall submit to the Committees on Appropriations, and other relevant congressional committees, not later than 90 days after enactment of this Act recommendations for the consolidation or combination of reports (including plans and strategies) that are called for by any provision of law to be submitted to the Congress and that are substantially duplicative of others called for by any other provision of law: Provided, That reports are considered substantially duplicative if they are required to address at least more than half of the same substantive factors, criteria and issues that are required to be addressed by any other report, and any such consolidated report must address all the substantive factors, criteria and issues required to be addressed in each of the individual reports: Provided further, That reports affected by this subsection are those within the purview of, or prepared primarily by, the Department of State and USAID and that relate to matters addressed under this Act or any other Act authorizing or appropriating funds for use by, or actions of, the Department of State or USAID.(h)Promotion of Democracy.—(1)Funds made available by this Act that are made available for the promotion of democracy may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy, any regulation.(2)For the purposes of funds appropriated by this Act, the term promotion of democracy means programs that support good governance, human rights, independent media, and the rule of law, and otherwise strengthen the capacity of democratic political parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states, institutions, and practices that are responsive and accountable to citizens.(3)With respect to the provision of assistance for democracy, human rights and governance activities in this Act, the organizations implementing such assistance and the specific nature of that assistance shall not be subject to the prior approval by the government of any foreign country.(4)Funds appropriated under the heading Economic Support Fund shall be made available to the Bureau of Democracy, Human Rights and Labor for programs to promote human rights by expanding open and uncensored access to information and communication as identified in the Department of State’s Internet freedom strategy: Provided, That funds made available by this paragraph should be matched by sources other than the United States Government, as appropriate: Provided further, That the Secretary of State shall coordinate the development and uses of circumvention and secure communications technologies with the Administrator of the United States Agency for International Development and the Broadcasting Board of Governors, as appropriate: Provided further, That the circumvention technologies and programs supported by funds made available by this Act, shall undergo a review, to include an assessment of the protection against such technologies being used for illicit purposes.(5)Funds appropriated by this Act that are made available to promote democracy and human rights shall also be made available to support freedom of religion, especially in the Middle East and North Africa.(i)Partner Vetting.—Funds appropriated in this Act or any prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be used by the Secretary of State and the Administrator of the United States Agency for International Development (USAID), as appropriate, to support the development and implementation of a Partner Vetting System (PVS) pilot program: Provided, That such pilot program shall be implemented not later than September 30, 2012: Provided further, That the Secretary of State and the USAID Administrator shall jointly submit a report to the Committees on Appropriations not later than 30 days after completion of the pilot program on the estimated timeline and criteria for evaluating the PVS for expansion.(j)Protections and Remedies for Employees of Diplomatic Missions and International Organizations.—The Secretary of State shall implement section 203(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110-457): Provided, That in determining whether to suspend the issuance of A-3 or G-5 visas to applicants seeking to work for officials of a diplomatic mission or international organization, the Secretary shall consider whether a final court judgment has been issued against a current or former employee of such mission or organization (and the time period for a final appeal has expired) or whether the Department of State has requested that immunity of individual diplomats or family members be waived to permit criminal prosecution: Provided further, That the Secretary should continue to assist in obtaining payment of final court judgments awarded to A-3 and G-5 visa holders, including encouraging the sending states to provide compensation directly to victims: Provided further, That the Secretary shall include, in a manner the Secretary deems appropriate, all trafficking cases involving A-3 or G-5 visa holders in the Trafficking in Persons annual report for which a final civil judgment has been issued (and the time period for final appeal has expired) or the Department of Justice has determined that the United States Government would seek to indict the diplomat or a family member but for diplomatic immunity.(k)22 U.S.C. 2378dModification of Amendment.—Section 620J of the Foreign Assistance Act of 1961 (Limitation on Assistance to Security Forces) is amended as follows:(1)by redesignating the section as section 620M;(2)in subsection (a), by striking evidence and inserting information and by striking gross violations and inserting a gross violation;(3)in subsection (b), by striking measures and inserting steps; and(4)by adding the following subsection:(d)Credible Information.The Secretary shall establish, and periodically update, procedures to—(1)ensure that for each country the Department of State has a current list of all security force units receiving United States training, equipment, or other types of assistance;(2)facilitate receipt by the Department of State and United States embassies of information from individuals and organizations outside the United States Government about gross violations of human rights by security force units;(3)routinely request and obtain such information from the Department of Defense, the Central Intelligence Agency, and other United States Government sources;(4)ensure that such information is evaluated and preserved;(5)ensure that when vetting an individual for eligibility to receive United States training the individual’s unit is also vetted;(6)seek to identify the unit involved when credible information of a gross violation exists but the identity of the unit is lacking; and(7)make publicly available, to the maximum extent practicable, the identity of those units for which no assistance shall be furnished pursuant to subsection (a)..(l)22 U.S.C. 214 noteSections Repealed.—Sections 494, 495, and 495B through 495K of the Foreign Assistance Act of 1961 are hereby repealed.(m)Extension of Authorities.—(1)Section 1(b)(2) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting September 30, 2012 for September 30, 2010.(2)22 U.S.C. 4831 noteThe authority provided by section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect through September 30, 2012.(3)The authority contained in section 1115(d) of Public Law 111-32 shall remain in effect through September 30, 2012.(4)22 U.S.C. 4064 noteSection 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) shall be applied by substituting September 30, 2012 for October 1, 2010 in paragraph (2).(5)22 U.S.C. 2733 noteSection 61(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting September 30, 2012 for October 1, 2010 in paragraph (2).(6)22 U.S.C. 2385 noteSection 625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by substituting September 30, 2012 for October 1, 2010 in subparagraph (B).(7)The authority contained in section 1603(a)(2) of Public Law 109-234, as amended, shall remain in effect through September 30, 2012.(8)The authority provided by section 1113 of Public Law 111-32 shall remain in effect through September 30, 2012: Provided, That none of the funds appropriated or otherwise made available by this Act or any other Act making appropriations for the Department of State, foreign operations, and related programs may be used to implement phase 3 of such authority.(n)22 U.S.C. 2152cReports Repealed.—Section 133(d) of Public Law 87-195; section 807 of Public Law 98-164; section 704(c) of Public Law 101-179; section 104 of Public Law 102-511; section 560(g) of Public Law 103-87; section 514(a) of Public Law 103-236; section 605(c) of Appendix G, Public Law 106-113; sections 3203 and 3204(f) of division B of Public Law 106-246; section 564(g)(4) of Public Law 106-429; sections 694(a), 694(b), 704 and 1321 of Public Law 107-228; and section 409(c) of Public Law 108-447 are hereby repealed.(o)Government Expenditures.—Funds appropriated under title III and under the heading International Narcotics Control and Law Enforcement in this Act should not be made available for assistance for any government for programs or activities in fiscal year 2013 if the Secretary of State or the Administrator of the United States Agency for International Development has credible information that such government is reducing its own expenditures for such programs or activities as a result of the assistance provided and for reasons that are inconsistent with the purposes of such assistance.(p)International Child Abductions.—The Secretary of State may withhold funds appropriated under title III of this Act for assistance for the central government of any country that the Secretary determines is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: Provided, That the Secretary shall report to the Committees on Appropriations within 15 days of making any such determination.(q)Redesignations.—(1)The position of Advisor established pursuant to section 699B of division J of Public Law 110-161 shall, within 45 days of enactment of this Act and notwithstanding the requirements of such section, be moved to the United States Agency for International Development (USAID): Provided, That the Advisor shall hereafter be appointed by the USAID Administrator and shall report directly to the Administrator: Provided further, That the responsibilities of the Advisor enumerated in section 699B(b) shall remain in full force and effect.(2)The position of Coordinator established pursuant to section 664 of division J of Public Law 110-161 shall, within 45 days of enactment of this Act and notwithstanding the requirements of such section, be moved to the United States Agency for International Development (USAID): Provided, That the Coordinator shall hereafter be appointed by the USAID Administrator and shall report directly to the Administrator: Provided further, That the responsibilities of the Coordinator enumerated in the first sentence of section 664(c) shall remain in full force and effect: Provided further, That the limitation in the second sentence of such section shall hereafter no longer apply to the Coordinator.(r)Extension of Authority.—The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) is amended—(1)In section 599D (8 U.S.C. 1157 note)—(A)in subsection (b)(3), by striking and 2011 and inserting 2011, and 2012; and(B)in subsection (e), by striking June 1, 2011 each place it appears and inserting October 1, 2012; and(2)in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking 2011 and inserting 2012.