II Calendar No. 144 114TH CONGRESS 1ST SESSION S. 1725 [Report No. 114­79] Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2016, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 9, 2015 Mr. GRAHAM, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendar A BILL Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2016, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the following sums are appropriated, out of any 4 money in the Treasury not otherwise appropriated, for the 5 Department of State, foreign operations, and related pro6 grams for the fiscal year ending September 30, 2016, and 7 for other purposes, namely: 2 1 2 3 4 5 6 7 TITLE I DEPARTMENT OF STATE AND RELATED AGENCY DEPARTMENT OF STATE ADMINISTRATION OF FOREIGN AFFAIRS DIPLOMATIC AND CONSULAR PROGRAMS For necessary expenses of the Department of State 8 and the Foreign Service not otherwise provided for, 9 $6,342,470,000, of which up to $637,164,000 may remain 10 available until September 30, 2017, and of which up to 11 $2,094,707,000 may remain available until expended for 12 Worldwide Security Protection: Provided, That funds 13 made available under this heading shall be allocated in ac14 cordance with paragraphs (1) through (4) as follows: 15 16 17 18 19 20 21 22 23 24 (1) HUMAN RESOURCES.--For necessary ex- penses for training, human resources management, and salaries, including employment without regard to civil service and classification laws of persons on a temporary basis (not to exceed $700,000), as authorized by section 801 of the United States Information and Educational Exchange Act of 1948 (Public Law 80­402), $2,238,853,000, of which up to $358,833,000 is for Worldwide Security Protection. ·S 1725 PCS 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) OVERSEAS PROGRAMS.--For necessary ex- penses for the regional bureaus of the Department of State and overseas activities as authorized by law, $1,561,840,000. (3) DIPLOMATIC POLICY AND SUPPORT.--For necessary expenses for the functional bureaus of the Department of State, including representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress, general administration, and arms control, nonproliferation and disarmament activities as authorized, $787,951,000. (4) SECURITY PROGRAMS.--For necessary ex- penses for security activities, $1,753,826,000, of which up to $1,735,874,000 is for Worldwide Security Protection. (5) FEES AND PAYMENTS COLLECTED.--In ad- dition to amounts otherwise made available under this heading-- (A) not to exceed $1,840,900 shall be derived from fees collected from other executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International Center Act (Public ·S 1725 PCS 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Law 97­186), and, in addition, as authorized by section 5 of such Act, $743,000, to be derived from the reserve authorized by that section, to be used for the purposes set out in that section; (B) as authorized by section 810 of Public Law 80­402, not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and counseling and exchange visitor programs; and (C) not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities. (6) TRANSFER, MATTERS.-- REPROGRAMMING, AND OTHER (A) Notwithstanding any other provision of this Act, funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section 7015 of this Act. (B) Of the amount made available under this heading, not to exceed $10,000,000 may be transferred to, and merged with, funds made ·S 1725 PCS 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 available by this Act under the heading ``Emergencies in the Diplomatic and Consular Service'', to be available only for emergency evacuations and rewards, as authorized. (C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field examination of programs and activities in the United States funded from any account contained in this title. (D) Of the funds appropriated under this heading, up to $11,000,000, to remain available until expended, shall be for Conflict Stabilization Operations (CSO) and for related reconstruction and stabilization assistance to prevent or respond to conflict or civil strife in foreign countries or regions, or to enable transition from such strife: Provided, That additional funds appropriated under this heading may be made available, as necessary, only to fund the salary and benefit costs for CSO staff employed on the date of enactment of this Act: Provided further, That funds appropriated under this ·S 1725 PCS 6 1 2 3 4 5 6 7 8 heading may be transferred to, and merged with, funds previously made available under the heading ``Conflict Stabilization Operations'' in title I of prior acts making appropriations for the Department of State, foreign operations, and related programs. CAPITAL INVESTMENT FUND For necessary expenses of the Capital Investment 9 Fund, $56,400,000, to remain available until expended, 10 as authorized. 11 12 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 13 General, $72,700,000, notwithstanding section 209(a)(1) 14 of the Foreign Service Act of 1980 (Public Law 96­465), 15 as it relates to post inspections: Provided, That of the 16 funds appropriated under this heading, $10,905,000 may 17 remain available until September 30, 2017. 18 19 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS For expenses of educational and cultural exchange 20 programs, as authorized, $590,900,000, to remain avail21 able until expended, of which not less than $236,000,000 22 shall be for the Fulbright Program: Provided, That fees 23 or other payments received from, or in connection with, 24 English teaching, educational advising and counseling pro25 grams, and exchange visitor programs as authorized may ·S 1725 PCS 7 1 be credited to this account, to remain available until ex2 pended: Provided further, That a portion of the Fulbright 3 awards from the Eurasia and Central Asia regions shall 4 be designated as Edmund S. Muskie Fellowships, fol5 lowing consultation with the Committees on Appropria6 tions: Provided further, That notwithstanding section 7 62.32(h)(16) of title 22 of the Code of Federal Regula8 tions, the Secretary of State shall permit participants in 9 the Summer Work Travel program who are admitted 10 under section 101(a)(15)(J) of the Immigration and Na11 tionality Act (8 U.S.C. 1101(a)(15)(J)) to be employed 12 in seafood processing positions until September 30, 2016, 13 if such placements comply with all the requirements of 14 such program: Provided further, That any substantive 15 modifications from the prior fiscal year to programs fund16 ed by this Act under this heading shall be subject to prior 17 consultation with, and the regular notification procedures 18 of, the Committees on Appropriations. 19 20 For REPRESENTATION EXPENSES representation expenses as authorized, 21 $8,030,000. 22 23 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS For expenses, not otherwise provided, to enable the 24 Secretary of State to provide for extraordinary protective ·S 1725 PCS 8 1 services, as authorized, $29,807,000, to remain available 2 until September 30, 2017. 3 4 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE For necessary expenses for carrying out the Foreign 5 Service Buildings Act of 1926 (22 U.S.C. 292 et seq.), 6 preserving, maintaining, repairing, and planning for build7 ings that are owned or directly leased by the Department 8 of State, renovating, in addition to funds otherwise avail9 able, the Harry S Truman Building, and carrying out the 10 Diplomatic Security Construction Program as authorized, 11 $785,097,000, to remain available until expended as au12 thorized, of which not to exceed $25,000 may be used for 13 domestic and overseas representation expenses as author14 ized: Provided, That none of the funds appropriated in this 15 paragraph shall be available for acquisition of furniture, 16 furnishings, or generators for other departments and 17 agencies. 18 In addition, for the costs of worldwide security up- 19 grades, acquisition, and construction as authorized, 20 $1,300,000,000, to remain available until expended: Pro21 vided, That not later than 45 days after enactment of this 22 Act, the Secretary of State shall submit to the Committees 23 on Appropriations the proposed allocation of funds made 24 available under this heading and the actual and antici25 pated proceeds of sales for all projects in fiscal year 2016. ·S 1725 PCS 9 1 2 3 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE For necessary expenses to enable the Secretary of 4 State to meet unforeseen emergencies arising in the Diplo5 matic and Consular Service, $7,900,000, to remain avail6 able until expended as authorized, of which not to exceed 7 $1,000,000 may be transferred to, and merged with, funds 8 appropriated by this Act under the heading ``Repatriation 9 Loans Program Account'', subject to the same terms and 10 conditions. 11 12 REPATRIATION LOANS PROGRAM ACCOUNT For the cost of direct loans, $1,300,000, as author- 13 ized: Provided, That such costs, including the cost of 14 modifying such loans, shall be as defined in section 502 15 of the Congressional Budget Act of 1974: Provided fur16 ther, That such funds are available to subsidize gross obli17 gations for the principal amount of direct loans not to ex18 ceed $2,444,528. 19 20 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN For necessary expenses to carry out the Taiwan Rela- 21 tions Act (Public Law 96­8), $30,000,000. 22 23 24 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND For payment to the Foreign Service Retirement and 25 Disability Fund, as authorized, $158,900,000. ·S 1725 PCS 10 1 2 3 INTERNATIONAL ORGANIZATIONS CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS For necessary expenses, not otherwise provided for, 4 to meet annual obligations of membership in international 5 multilateral organizations, pursuant to treaties ratified 6 pursuant to the advice and consent of the Senate, conven7 tions or specific Acts of Congress, $1,456,179,000: Pro8 vided, That the Secretary of State shall, at the time of 9 the submission of the President's budget to Congress 10 under section 1105(a) of title 31, United States Code, 11 transmit to the Committees on Appropriations the most 12 recent biennial budget prepared by the United Nations for 13 the operations of the United Nations: Provided further, 14 That the Secretary of State shall notify the Committees 15 on Appropriations at least 15 days in advance (or in an 16 emergency, as far in advance as is practicable) of any 17 United Nations action to increase funding for any United 18 Nations program without identifying an offsetting de19 crease elsewhere in the United Nations budget: Provided 20 further, That not later than May 1, 2016, and 30 days 21 after the end of fiscal year 2016, the Secretary of State 22 shall report to the Committees on Appropriations any 23 credits available to the United States, including from the 24 United Nations Tax Equalization Fund, and provide up25 dated fiscal year 2016 and fiscal year 2017 assessment ·S 1725 PCS 11 1 costs including offsets from available credits and updated 2 foreign currency exchange rates: Provided further, That 3 any such credits shall only be available for United States 4 assessed contributions to the United Nations and the 5 Committees on Appropriations shall be notified when such 6 credits are applied to any assessed contribution, including 7 any payment of arrearages: Provided further, That any no8 tification regarding funds appropriated or otherwise made 9 available under this heading in this Act or prior Acts mak10 ing appropriations for the Department of State, foreign 11 operations, and related programs submitted pursuant to 12 section 7015 of this Act, section 34 of the State Depart13 ment Basic Authorities Act of 1956 (22 U.S.C. 2706), or 14 any operating plan submitted pursuant to section 7076 15 of this Act, shall include an estimate of all known credits 16 currently available to the United States and provide up17 dated assessment costs including offsets from available 18 credits and updated foreign currency exchange rates: Pro19 vided further, That any payment of arrearages under this 20 heading shall be directed to activities that are mutually 21 agreed upon by the United States and the respective inter22 national organization and shall be subject to the regular 23 notification procedures of the Committees on Appropria24 tions: Provided further, That none of the funds appro25 priated under this heading shall be available for a United ·S 1725 PCS 12 1 States contribution to an international organization for 2 the United States share of interest costs made known to 3 the United States Government by such organization for 4 loans incurred on or after October 1, 1984, through exter5 nal borrowings. 6 7 8 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES For necessary expenses to pay assessed and other ex- 9 penses of international peacekeeping activities directed to 10 the maintenance or restoration of international peace and 11 security, $2,248,223,000, of which 15 percent shall re12 main available until September 30, 2017: Provided, That 13 none of the funds made available by this Act shall be obli14 gated or expended for any new or expanded United Na15 tions peacekeeping mission unless, at least 15 days in ad16 vance of voting for such mission in the United Nations 17 Security Council (or in an emergency as far in advance 18 as is practicable), the Committees on Appropriations are 19 notified: (1) of the estimated cost and duration of the mis20 sion, the objectives of the mission, the national interest 21 that will be served, and the exit strategy; and (2) the 22 source of funds that will be used to pay the cost of the 23 new or expanded mission, and the estimated cost in future 24 fiscal years: Provided further, That none of the funds ap25 propriated under this heading may be made available for ·S 1725 PCS 13 1 obligation unless the Secretary of State certifies and re2 ports to the Committees on Appropriations on a peace3 keeping mission-by-mission basis that the United Nations 4 is implementing effective policies and procedures to pre5 vent United Nations employees, contractor personnel, and 6 peacekeeping troops serving in such mission from traf7 ficking in persons, exploiting victims of trafficking, or 8 committing acts of illegal sexual exploitation or other vio9 lations of human rights, and to bring to justice individuals 10 who engage in such acts while participating in such mis11 sion, including prosecution in their home countries and 12 making information about such prosecutions publicly 13 available on the Web site of the United Nations: Provided 14 further, That funds shall be available for peacekeeping ex15 penses unless the Secretary of State determines that 16 American manufacturers and suppliers are not being given 17 opportunities to provide equipment, services, and material 18 for United Nations peacekeeping activities equal to those 19 being given to foreign manufacturers and suppliers: Pro20 vided further, That the Secretary of State shall work with 21 the United Nations and foreign governments contributing 22 peacekeeping troops to implement effective vetting proce23 dures to ensure that such troops have not violated human 24 rights, and shall submit a report to the Committees on 25 Appropriations not later than 90 days after enactment of ·S 1725 PCS 14 1 this Act assessing the effectiveness of such procedures: 2 Provided further, That none of the funds appropriated or 3 otherwise made available under this heading may be used 4 for any United Nations peacekeeping mission that will in5 volve United States Armed Forces under the command or 6 operational control of a foreign national, unless the Presi7 dent's military advisors have submitted to the President 8 a recommendation that such involvement is in the national 9 interest of the United States and the President has sub10 mitted to Congress such a recommendation: Provided fur11 ther, That not later than May 1, 2016, and 30 days after 12 the end of fiscal year 2016, the Secretary of State shall 13 report to the Committees on Appropriations any credits 14 available to the United States, including those resulting 15 from United Nations peacekeeping missions or the United 16 Nations Tax Equalization Fund, and provide updated fis17 cal year 2016 and fiscal year 2017 assessment costs in18 cluding offsets from available credits: Provided further, 19 That any such credits shall only be available for United 20 States assessed contributions to the United Nations, and 21 the Committees on Appropriations shall be notified when 22 such credits are applied to any assessed contribution, in23 cluding any payment of arrearages: Provided further, That 24 any notification regarding funds appropriated or otherwise 25 made available under this heading in this Act or prior Acts ·S 1725 PCS 15 1 making appropriations for the Department of State, for2 eign operations, and related programs submitted pursuant 3 to section 7015 of this Act, section 34 of the State Depart4 ment Basic Authorities Act of 1956 (22 U.S.C. 2706), or 5 any operating plan submitted pursuant to section 7076 6 of this Act, shall include an estimate of all known credits 7 currently available to the United States and provide up8 dated assessment costs including offsets from available 9 credits: Provided further, That notwithstanding any other 10 provision of law, funds appropriated or otherwise made 11 available under this heading may be made available for 12 United States assessed contributions up to the amount 13 specified in the Annex accompanying United Nations Gen14 eral Assembly document A/67/224/Add.1, if the Secretary 15 of State determines and reports to the appropriate con16 gressional committees that to do so is important to the 17 national interest of the United States. 18 19 INTERNATIONAL COMMISSIONS For necessary expenses, not otherwise provided for, 20 to meet obligations of the United States arising under 21 treaties, or specific Acts of Congress, as follows: 22 23 24 INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO For necessary expenses for the United States Section 25 of the International Boundary and Water Commission, ·S 1725 PCS 16 1 United States and Mexico, and to comply with laws appli2 cable to the United States Section, including not to exceed 3 $6,000 for representation expenses; as follows: 4 5 SALARIES AND EXPENSES For salaries and expenses, not otherwise provided for, 6 $45,307,000. 7 8 CONSTRUCTION For detailed plan preparation and construction of au- 9 thorized projects, $28,400,000, to remain available until 10 expended, as authorized. 11 12 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS For necessary expenses, not otherwise provided, for 13 the International Joint Commission and the International 14 Boundary Commission, United States and Canada, as au15 thorized by treaties between the United States and Can16 ada or Great Britain, and the Border Environment Co17 operation Commission as authorized by the North Amer18 ican Free Trade Agreement Implementation Act, 19 $12,330,000: Provided, That of the amount provided 20 under this heading for the International Joint Commis21 sion, up to $500,000 may remain available until Sep22 tember 30, 2017, and $9,000 may be made available for 23 representation expenses. ·S 1725 PCS 17 1 2 INTERNATIONAL FISHERIES COMMISSIONS For necessary expenses for international fisheries 3 commissions, not otherwise provided for, as authorized by 4 law, $36,681,000: Provided, That the United States share 5 of such expenses may be advanced to the respective com6 missions pursuant to section 3324 of title 31, United 7 States Code. 8 9 10 11 RELATED AGENCY BROADCASTING BOARD OF GOVERNORS INTERNATIONAL BROADCASTING OPERATIONS For necessary expenses to enable the Broadcasting 12 Board of Governors (BBG), as authorized, to carry out 13 international communication activities, and to make and 14 supervise grants for radio and television broadcasting to 15 the Middle East, $728,257,000: Provided, That in addi16 tion to amounts otherwise available for such purposes, up 17 to $28,635,000 of the amount appropriated under this 18 heading may remain available until expended for satellite 19 transmissions and Internet freedom programs, of which 20 not less than $12,500,000 shall be for Internet freedom 21 programs: Provided further, That of the total amount ap22 propriated under this heading, not to exceed $35,000 may 23 be used for representation expenses, of which $10,000 24 may be used for representation expenses within the United 25 States as authorized, and not to exceed $30,000 may be ·S 1725 PCS 18 1 used for representation expenses of Radio Free Europe/ 2 Radio Liberty: Provided further, That the authority pro3 vided by section 504(c) of the Foreign Relations Author4 ization Act, Fiscal Year 2003 (Public Law 107­228; 22 5 U.S.C. 6206 note) shall remain in effect through Sep6 tember 30, 2016: Provided further, That the BBG shall 7 notify the Committees on Appropriations within 15 days 8 of any determination by the Board that any of its broad9 cast entities, including its grantee organizations, provides 10 an open platform for international terrorists or those who 11 support international terrorism, or is in violation of the 12 principles and standards set forth in subsections (a) and 13 (b) of section 303 of the United States International 14 Broadcasting Act of 1994 (22 U.S.C. 6202) or the entity's 15 journalistic code of ethics: Provided further, That signifi16 cant modifications to BBG broadcast hours previously jus17 tified to Congress, including changes to transmission plat18 forms (shortwave, medium wave, satellite, Internet, and 19 television), for all BBG language services shall be subject 20 to the regular notification procedures of the Committees 21 on Appropriations: Provided further, That in addition to 22 funds made available under this heading, and notwith23 standing any other provision of law, up to $5,000,000 in 24 receipts from advertising and revenue from business ven25 tures, up to $500,000 in receipts from cooperating inter- ·S 1725 PCS 19 1 national organizations, and up to $1,000,000 in receipts 2 from privatization efforts of the Voice of America and the 3 International Broadcasting Bureau, shall remain available 4 until expended for carrying out authorized purposes. 5 6 BROADCASTING CAPITAL IMPROVEMENTS For the purchase, rent, construction, repair, preser- 7 vation, and improvement of facilities for radio, television, 8 and digital transmission and reception; the purchase, rent, 9 and installation of necessary equipment for radio, tele10 vision, and digital transmission and reception, including 11 to Cuba, as authorized; and physical security worldwide, 12 in addition to amounts otherwise available for such pur13 poses, $4,800,000, to remain available until expended, as 14 authorized. 15 16 17 RELATED PROGRAMS THE ASIA FOUNDATION For a grant to The Asia Foundation, as authorized 18 by The Asia Foundation Act (22 U.S.C. 4402), 19 $17,000,000, to remain available until expended. 20 21 UNITED STATES INSTITUTE OF PEACE For necessary expenses of the United States Institute 22 of Peace, as authorized by the United States Institute of 23 Peace Act (22 U.S.C. 4601 et seq.), $35,300,000, to re24 main available until September 30, 2017, which shall not 25 be used for construction activities. ·S 1725 PCS 20 1 2 3 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND For necessary expenses of the Center for Middle 4 Eastern-Western Dialogue Trust Fund, as authorized by 5 section 633 of the Departments of Commerce, Justice, and 6 State, the Judiciary, and Related Agencies Appropriations 7 Act, 2004 (22 U.S.C. 2078), the total amount of the inter8 est and earnings accruing to such Fund on or before Sep9 tember 30, 2016, to remain available until expended. 10 11 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM For necessary expenses of Eisenhower Exchange Fel- 12 lowships, Incorporated, as authorized by sections 4 and 13 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 14 U.S.C. 5204­5205), all interest and earnings accruing to 15 the Eisenhower Exchange Fellowship Program Trust 16 Fund on or before September 30, 2016, to remain avail17 able until expended: Provided, That none of the funds ap18 propriated herein shall be used to pay any salary or other 19 compensation, or to enter into any contract providing for 20 the payment thereof, in excess of the rate authorized by 21 section 5376 of title 5, United States Code; or for pur22 poses which are not in accordance with section 200 of title 23 2 of the Code of Federal Regulations, including the re24 strictions on compensation for personal services. ·S 1725 PCS 21 1 2 ISRAELI ARAB SCHOLARSHIP PROGRAM For necessary expenses of the Israeli Arab Scholar- 3 ship Program, as authorized by section 214 of the Foreign 4 Relations Authorization Act, Fiscal Years 1992 and 1993 5 (22 U.S.C. 2452), all interest and earnings accruing to 6 the Israeli Arab Scholarship Fund on or before September 7 30, 2016, to remain available until expended. 8 9 EAST-WEST CENTER To enable the Secretary of State to provide for car- 10 rying out the provisions of the Center for Cultural and 11 Technical Interchange Between East and West Act of 12 1960, by grant to the Center for Cultural and Technical 13 Interchange Between East and West in the State of Ha14 waii, $16,700,000. 15 16 NATIONAL ENDOWMENT FOR DEMOCRACY For grants made by the Department of State to the 17 National Endowment for Democracy, as authorized by the 18 National Endowment for Democracy Act (22 U.S.C. 19 4412), $170,000,000, to remain available until expended. 20 21 22 23 24 COMMISSION OTHER COMMISSIONS FOR THE PRESERVATION OF AMERICA'S HERITAGE ABROAD SALARIES AND EXPENSES For necessary expenses for the Commission for the 25 Preservation of America's Heritage Abroad, $676,000, as ·S 1725 PCS 22 1 authorized by chapter 3123 of title 54, United States 2 Code: Provided, That the Commission may procure tem3 porary, intermittent, and other services notwithstanding 4 paragraph (3) of section 312304(b) of such chapter: Pro5 vided further, That such authority shall terminate on Oc6 tober 1, 2016: Provided further, That the Commission 7 shall consult with the Committees on Appropriations prior 8 to exercising such authority. 9 10 11 12 UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM SALARIES AND EXPENSES For necessary expenses for the United States Com- 13 mission on International Religious Freedom established in 14 title II of the International Religious Freedom Act of 1998 15 (22 U.S.C. 6431 et seq.), $3,500,000, to remain available 16 until September 30, 2017, including not more than $4,000 17 for representation expenses, subject to authorization. 18 19 20 21 COMMISSION ON SECURITY AND COOPERATION IN EUROPE SALARIES AND EXPENSES For necessary expenses of the Commission on Secu- 22 rity and Cooperation in Europe, as authorized by sections 23 3001 et seq. of title 22, United States Code, $2,579,000, 24 including not more than $4,000 for representation ex25 penses, to remain available until September 30, 2017. ·S 1725 PCS 23 1 2 3 4 CONGRESSIONAL-EXECUTIVE COMMISSION PEOPLE'S REPUBLIC OF ON THE CHINA SALARIES AND EXPENSES For necessary expenses of the Congressional-Execu- 5 tive Commission on the People's Republic of China, as au6 thorized by title III of the U.S.-China Relations Act of 7 2000 (22 U.S.C. 6911 et seq.), $2,000,000, including not 8 more than $3,000 for representation expenses, to remain 9 available until September 30, 2017. 10 11 12 13 UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION SALARIES AND EXPENSES For necessary expenses of the United States-China 14 Economic and Security Review Commission, as authorized 15 by section 1238 of the Floyd D. Spence National Defense 16 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 17 $3,500,000, including not more than $4,000 for represen18 tation expenses, to remain available until September 30, 19 2017: Provided, That the authorities, requirements, limi20 tations, and conditions contained in the second through 21 sixth provisos under this heading in the Department of 22 State, Foreign Operations, and Related Programs Appro23 priations Act, 2010 (division F of Public Law 111­117) 24 shall continue in effect during fiscal year 2016 and shall ·S 1725 PCS 24 1 apply to funds appropriated under this heading as if in2 cluded in this Act. 3 TITLE II 4 UNITED STATES AGENCY FOR INTERNATIONAL 5 6 7 8 DEVELOPMENT FUNDS APPROPRIATED TO THE PRESIDENT OPERATING EXPENSES For necessary expenses to carry out the provisions 9 of section 667 of the Foreign Assistance Act of 1961, 10 $1,143,614,000, of which up to $171,542,000 may remain 11 available until September 30, 2017: Provided, That none 12 of the funds appropriated under this heading and under 13 the heading ``Capital Investment Fund'' in this title may 14 be made available to finance the construction (including 15 architect and engineering services), purchase, or long-term 16 lease of offices for use by the United States Agency for 17 International Development (USAID), unless the USAID 18 Administrator has identified such proposed use of funds 19 in a report submitted to the Committees on Appropria20 tions at least 15 days prior to the obligation of funds for 21 such purposes: Provided further, That contracts or agree22 ments entered into with funds appropriated under this 23 heading may entail commitments for the expenditure of 24 such funds through the following fiscal year: Provided fur25 ther, That the authority of sections 610 and 109 of the ·S 1725 PCS 25 1 Foreign Assistance Act of 1961 may be exercised by the 2 Secretary of State to transfer funds appropriated to carry 3 out chapter 1 of part I of such Act to ``Operating Ex4 penses'' in accordance with the provisions of those sec5 tions: Provided further, That of the funds appropriated or 6 made available under this heading, not to exceed $250,000 7 may be available for representation and entertainment ex8 penses, of which not to exceed $5,000 may be available 9 for entertainment expenses, and not to exceed $100,500 10 shall be for official residence expenses, for USAID during 11 the current fiscal year. 12 13 CAPITAL INVESTMENT FUND For necessary expenses for overseas construction and 14 related costs, and for the procurement and enhancement 15 of information technology and related capital investments, 16 pursuant to section 667 of the Foreign Assistance Act of 17 1961, $168,300,000, to remain available until expended: 18 Provided, That this amount is in addition to funds other19 wise available for such purposes: Provided further, That 20 funds appropriated under this heading shall be available 21 subject to the regular notification procedures of the Com22 mittees on Appropriations. 23 24 OFFICE OF INSPECTOR GENERAL For necessary expenses to carry out the provisions 25 of section 667 of the Foreign Assistance Act of 1961, ·S 1725 PCS 26 1 $66,000,000, of which up to $9,900,000 may remain 2 available until September 30, 2017, for the Office of In3 spector General of the United States Agency for Inter4 national Development. 5 6 7 8 TITLE III BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT For necessary expenses to enable the President to 9 carry out the provisions of the Foreign Assistance Act of 10 1961, and for other purposes, as follows: 11 12 GLOBAL HEALTH PROGRAMS For necessary expenses to carry out the provisions 13 of chapters 1 and 10 of part I of the Foreign Assistance 14 Act of 1961, for global health activities, in addition to 15 funds otherwise available for such purposes, 16 $2,798,000,000, to remain available until September 30, 17 2017, and which shall be apportioned directly to the 18 United States Agency for International Development 19 (USAID): Provided, That this amount shall be made avail20 able for training, equipment, and technical assistance to 21 build the capacity of public health institutions and organi22 zations in developing countries, and for such activities as: 23 (1) child survival and maternal health programs; (2) im24 munization and oral rehydration programs; (3) other 25 health, nutrition, water and sanitation programs which di- ·S 1725 PCS 27 1 rectly address the needs of mothers and children, and re2 lated education programs; (4) assistance for children dis3 placed or orphaned by causes other than AIDS; (5) pro4 grams for the prevention, treatment, control of, and re5 search on HIV/AIDS, tuberculosis, polio, malaria, and 6 other infectious diseases including neglected tropical dis7 eases, and for assistance to communities severely affected 8 by HIV/AIDS, including children infected or affected by 9 AIDS; (6) disaster preparedness training for health crises; 10 and (7) family planning/reproductive health: Provided fur11 ther, That funds appropriated under this paragraph may 12 be made available for a United States contribution to 13 GAVI, the Vaccine Alliance: Provided further, That none 14 of the funds made available in this Act nor any unobli15 gated balances from prior appropriations Acts may be 16 made available to any organization or program which, as 17 determined by the President of the United States, sup18 ports or participates in the management of a program of 19 coercive abortion or involuntary sterilization: Provided fur20 ther, That any determination made under the previous 21 proviso must be made not later than 6 months after the 22 date of enactment of this Act, and must be accompanied 23 by the evidence and criteria utilized to make the deter24 mination: Provided further, That none of the funds made 25 available under this Act may be used to pay for the per- ·S 1725 PCS 28 1 formance of abortion as a method of family planning or 2 to motivate or coerce any person to practice abortions: 3 Provided further, That nothing in this paragraph shall be 4 construed to alter any existing statutory prohibitions 5 against abortion under section 104 of the Foreign Assist6 ance Act of 1961: Provided further, That none of the funds 7 made available under this Act may be used to lobby for 8 or against abortion: Provided further, That in order to re9 duce reliance on abortion in developing nations, funds 10 shall be available only to voluntary family planning 11 projects which offer, either directly or through referral to, 12 or information about access to, a broad range of family 13 planning methods and services, and that any such vol14 untary family planning project shall meet the following re15 quirements: (1) service providers or referral agents in the 16 project shall not implement or be subject to quotas, or 17 other numerical targets, of total number of births, number 18 of family planning acceptors, or acceptors of a particular 19 method of family planning (this provision shall not be con20 strued to include the use of quantitative estimates or indi21 cators for budgeting and planning purposes); (2) the 22 project shall not include payment of incentives, bribes, 23 gratuities, or financial reward to: (A) an individual in ex24 change for becoming a family planning acceptor; or (B) 25 program personnel for achieving a numerical target or ·S 1725 PCS 29 1 quota of total number of births, number of family planning 2 acceptors, or acceptors of a particular method of family 3 planning; (3) the project shall not deny any right or ben4 efit, including the right of access to participate in any pro5 gram of general welfare or the right of access to health 6 care, as a consequence of any individual's decision not to 7 accept family planning services; (4) the project shall pro8 vide family planning acceptors comprehensible information 9 on the health benefits and risks of the method chosen, in10 cluding those conditions that might render the use of the 11 method inadvisable and those adverse side effects known 12 to be consequent to the use of the method; and (5) the 13 project shall ensure that experimental contraceptive drugs 14 and devices and medical procedures are provided only in 15 the context of a scientific study in which participants are 16 advised of potential risks and benefits; and, not less than 17 60 days after the date on which the USAID Administrator 18 determines that there has been a violation of the require19 ments contained in paragraph (1), (2), (3), or (5) of this 20 proviso, or a pattern or practice of violations of the re21 quirements contained in paragraph (4) of this proviso, the 22 Administrator shall submit to the Committees on Appro23 priations a report containing a description of such viola24 tion and the corrective action taken by the Agency: Pro25 vided further, That in awarding grants for natural family ·S 1725 PCS 30 1 planning under section 104 of the Foreign Assistance Act 2 of 1961 no applicant shall be discriminated against be3 cause of such applicant's religious or conscientious com4 mitment to offer only natural family planning; and, addi5 tionally, all such applicants shall comply with the require6 ments of the previous proviso: Provided further, That for 7 purposes of this or any other Act authorizing or appro8 priating funds for the Department of State, foreign oper9 ations, and related programs, the term ``motivate'', as it 10 relates to family planning assistance, shall not be con11 strued to prohibit the provision, consistent with local law, 12 of information or counseling about all pregnancy options: 13 Provided further, That information provided about the use 14 of condoms as part of projects or activities that are funded 15 from amounts appropriated by this Act shall be medically 16 accurate and shall include the public health benefits and 17 failure rates of such use. 18 In addition, for necessary expenses to carry out the 19 provisions of the Foreign Assistance Act of 1961 for the 20 prevention, treatment, and control of, and research on, 21 HIV/AIDS, $5,670,000,000, to remain available until 22 September 30, 2020, which shall be apportioned directly 23 to the Department of State: Provided, That funds appro24 priated under this paragraph may be made available, not25 withstanding any other provision of law, except for the ·S 1725 PCS 31 1 United States Leadership Against HIV/AIDS, Tuber2 culosis, and Malaria Act of 2003 (Public Law 108­25), 3 as amended, for a United States contribution to the Global 4 Fund to Fight AIDS, Tuberculosis and Malaria (Global 5 Fund), and shall be expended at the minimum rate nec6 essary to make timely payment for projects and activities: 7 Provided further, That the amount of such contribution 8 should be $1,350,000,000: Provided further, That 9 amounts specified for such a contribution in this Act or 10 in the Department of State, Foreign Operations, and Re11 lated Programs Appropriations Act, 2015 (division J of 12 Public Law 113­235) may be made available notwith13 standing section 202(d)(4)(A)(i) of Public Law 108­25: 14 Provided further, That up to 5 percent of the aggregate 15 amount of funds made available to the Global Fund in 16 fiscal year 2016 may be made available to USAID for 17 technical assistance related to the activities of the Global 18 Fund: Provided further, That of the funds appropriated 19 under this paragraph, up to $17,000,000 may be made 20 available, in addition to amounts otherwise available for 21 such purposes, for administrative expenses of the Office 22 of the United States Global AIDS Coordinator. 23 24 DEVELOPMENT ASSISTANCE For necessary expenses to carry out the provisions 25 of sections 103, 105, 106, 214, and sections 251 through ·S 1725 PCS 32 1 255, and chapter 10 of part I of the Foreign Assistance 2 Act of 1961, $2,637,854,000, to remain available until 3 September 30, 2017. 4 5 INTERNATIONAL DISASTER ASSISTANCE For necessary expenses to carry out the provisions 6 of section 491 of the Foreign Assistance Act of 1961 for 7 international disaster relief, rehabilitation, and recon8 struction assistance, $560,000,000, to remain available 9 until expended. 10 11 TRANSITION INITIATIVES For necessary expenses for international disaster re- 12 habilitation and reconstruction assistance pursuant to sec13 tion 491 of the Foreign Assistance Act of 1961, 14 $47,000,000, to remain available until expended, to sup15 port transition to democracy and long-term development 16 for countries in crisis: Provided, That such support may 17 include assistance to develop, strengthen, or preserve 18 democratic institutions and processes, revitalize basic in19 frastructure, and foster the peaceful resolution of conflict: 20 Provided further, That the USAID Administrator shall 21 submit a report to the Committees on Appropriations at 22 least 5 days prior to beginning a new program of assist23 ance: Provided further, That if the Secretary of State de24 termines that it is important to the national interest of 25 the United States to provide transition assistance in ex- ·S 1725 PCS 33 1 cess of the amount appropriated under this heading, up 2 to $15,000,000 of the funds appropriated by this Act to 3 carry out the provisions of part I of the Foreign Assist4 ance Act of 1961 may be used for purposes of this heading 5 and under the authorities applicable to funds appropriated 6 under this heading: Provided further, That funds made 7 available pursuant to the previous proviso shall be made 8 available subject to prior consultation with the Committees 9 on Appropriations. 10 11 12 COMPLEX CRISES FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions 13 of the Foreign Assistance Act of 1961 to support pro14 grams and activities to prevent or respond to emerging 15 or unforeseen foreign challenges and complex crises over16 seas, $30,000,000, to remain available until expended: 17 Provided, That funds appropriated under this heading 18 may be made available on such terms and conditions as 19 are appropriate and necessary for the purposes of pre20 venting or responding to such challenges and crises, except 21 that no funds shall be made available for lethal assistance 22 or to respond to natural disasters: Provided further, That 23 funds appropriated under this heading may be made avail24 able notwithstanding any other provision of law, except 25 sections 7007, 7008, and 7018 of this Act and section ·S 1725 PCS 34 1 620M of the Foreign Assistance Act of 1961: Provided 2 further, That funds appropriated under this heading may 3 be used for administrative expenses, in addition to funds 4 otherwise made available for such purposes, except that 5 such expenses may not exceed 5 percent of the funds ap6 propriated under this heading: Provided further, That 7 funds appropriated under this heading shall be subject to 8 the regular notification procedures of the Committees on 9 Appropriations, except that such notifications shall be 10 transmitted at least 5 days prior to the obligation of 11 funds. 12 13 DEVELOPMENT CREDIT AUTHORITY For the cost of direct loans and loan guarantees pro- 14 vided by the United States Agency for International De15 velopment (USAID), as authorized by sections 256 and 16 635 of the Foreign Assistance Act of 1961, up to 17 $40,000,000 may be derived by transfer from funds ap18 propriated by this Act to carry out part I of such Act and 19 under the heading ``Assistance for Europe, Eurasia and 20 Central Asia'': Provided, That funds provided under this 21 paragraph and funds provided as a gift that are used for 22 purposes of this paragraph pursuant to section 635(d) of 23 the Foreign Assistance Act of 1961 shall be made avail24 able only for micro- and small enterprise programs, urban 25 programs, and other programs which further the purposes ·S 1725 PCS 35 1 of part I of such Act: Provided further, That such costs, 2 including the cost of modifying such direct and guaranteed 3 loans, shall be as defined in section 502 of the Congres4 sional Budget Act of 1974, as amended: Provided further, 5 That funds made available by this paragraph may be used 6 for the cost of modifying any such guaranteed loans under 7 this Act or prior Acts making appropriations for the De8 partment of State, foreign operations, and related pro9 grams, and funds used for such costs shall be subject to 10 the regular notification procedures of the Committees on 11 Appropriations: Provided further, That the provisions of 12 section 107A(d) (relating to general provisions applicable 13 to the Development Credit Authority) of the Foreign As14 sistance Act of 1961, as contained in section 306 of H.R. 15 1486 as reported by the House Committee on Inter16 national Relations on May 9, 1997, shall be applicable to 17 direct loans and loan guarantees provided under this head18 ing, except that the principal amount of loans made or 19 guaranteed under this heading with respect to any single 20 country shall not exceed $300,000,000: Provided further, 21 That these funds are available to subsidize total loan prin22 cipal, any portion of which is to be guaranteed, of up to 23 $1,500,000,000. 24 In addition, for administrative expenses to carry out 25 credit programs administered by USAID, $8,120,000, ·S 1725 PCS 36 1 which may be transferred to, and merged with, funds 2 made available under the heading ``Operating Expenses'' 3 in title II of this Act: Provided, That funds made available 4 under this heading shall remain available until September 5 30, 2018. 6 7 ECONOMIC SUPPORT FUND For necessary expenses to carry out the provisions 8 of chapter 4 of part II of the Foreign Assistance Act of 9 1961, $1,991,070,000, to remain available until Sep10 tember 30, 2017. 11 12 DEMOCRACY FUND For necessary expenses to carry out the provisions 13 of the Foreign Assistance Act of 1961 for the promotion 14 of democracy globally, $140,500,000, to remain available 15 until September 30, 2017. 16 17 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA For necessary expenses to carry out the provisions 18 of the Foreign Assistance Act of 1961, the FREEDOM 19 Support Act (Public Law 102­511), and the Support for 20 Eastern European Democracy (SEED) Act of 1989 (Pub21 lic Law 101­179), $443,061,000, to remain available until 22 September 30, 2017, which shall be available, notwith23 standing any other provision of law, except section 7070 24 of this Act, for assistance and related programs for coun25 tries identified in section 3 of Public Law 102­511 and ·S 1725 PCS 37 1 section 3(c) of Public Law 101­179, in addition to funds 2 otherwise available for such purposes: Provided, That 3 funds appropriated by this Act under the heading ``Global 4 Health Programs'' for assistance for such countries shall 5 be administered in accordance with the responsibilities of 6 the coordinator designated pursuant to section 102 of 7 Public Law 102­511 and section 601 of Public Law 101­ 8 179: Provided further, That funds appropriated under this 9 heading shall be considered to be economic assistance 10 under the Foreign Assistance Act of 1961 for purposes 11 of making available the administrative authorities con12 tained in that Act for the use of economic assistance. 13 14 15 DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE For necessary expenses not otherwise provided for, 16 to enable the Secretary of State to carry out the provisions 17 of section 2(a) and (b) of the Migration and Refugee As18 sistance Act of 1962, and other activities to meet refugee 19 and migration needs; salaries and expenses of personnel 20 and dependents as authorized by the Foreign Service Act 21 of 1980; allowances as authorized by sections 5921 22 through 5925 of title 5, United States Code; purchase and 23 hire of passenger motor vehicles; and services as author24 ized by section 3109 of title 5, United States Code, 25 $931,886,000, to remain available until expended, of ·S 1725 PCS 38 1 which not less than $35,000,000 shall be made available 2 to respond to small-scale emergency humanitarian require3 ments, and $10,000,000 shall be made available for refu4 gees resettling in Israel. 5 6 7 UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND For necessary expenses to carry out the provisions 8 of section 2(c) of the Migration and Refugee Assistance 9 Act of 1962, as amended (22 U.S.C. 2601(c)), 10 $50,000,000, to remain available until expended. 11 12 13 14 INDEPENDENT AGENCIES PEACE CORPS (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions 15 of the Peace Corps Act (22 U.S.C. 2501 et seq.), including 16 the purchase of not to exceed five passenger motor vehicles 17 for administrative purposes for use outside of the United 18 States, $379,500,000, of which $5,150,000 is for the Of19 fice of Inspector General, to remain available until Sep20 tember 30, 2017: Provided, That the Director of the Peace 21 Corps may transfer to the Foreign Currency Fluctuations 22 Account, as authorized by section 16 of the Peace Corps 23 Act (22 U.S.C. 2515), an amount not to exceed 24 $5,000,000: Provided further, That funds transferred pur25 suant to the previous proviso may not be derived from ·S 1725 PCS 39 1 amounts made available for Peace Corps overseas oper2 ations: Provided further, That of the funds appropriated 3 under this heading, not to exceed $104,000 may be avail4 able for representation expenses, of which not to exceed 5 $4,000 may be made available for entertainment expenses: 6 Provided further, That any decision to open, close, signifi7 cantly reduce, or suspend a domestic or overseas office or 8 country program shall be subject to prior consultation 9 with, and the regular notification procedures of, the Com10 mittees on Appropriations, except that prior consultation 11 and regular notification procedures may be waived when 12 there is a substantial security risk to volunteers or other 13 Peace Corps personnel, pursuant to section 7015(e) of this 14 Act: Provided further, That none of the funds appropriated 15 under this heading shall be used to pay for abortions: Pro16 vided further, That notwithstanding the previous proviso, 17 section 614 of division E of Public Law 113­76 shall 18 apply to funds appropriated under this heading. 19 20 MILLENNIUM CHALLENGE CORPORATION For necessary expenses to carry out the provisions 21 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 22 et seq.) (MCA), $901,000,000, to remain available until 23 expended: Provided, That of the funds appropriated under 24 this heading, up to $105,000,000 may be available for ad25 ministrative expenses of the Millennium Challenge Cor- ·S 1725 PCS 40 1 poration (the Corporation): Provided further, That up to 2 5 percent of the funds appropriated under this heading 3 may be made available to carry out the purposes of section 4 616 of the MCA for fiscal year 2016: Provided further, 5 That section 605(e) of the MCA shall apply to funds ap6 propriated under this heading: Provided further, That 7 funds appropriated under this heading may be made avail8 able for a Millennium Challenge Compact entered into 9 pursuant to section 609 of the MCA only if such Compact 10 obligates, or contains a commitment to obligate subject to 11 the availability of funds and the mutual agreement of the 12 parties to the Compact to proceed, the entire amount of 13 the United States Government funding anticipated for the 14 duration of the Compact: Provided further, That the Chief 15 Executive Officer of the Corporation shall notify the Com16 mittees on Appropriations not later than 15 days prior to 17 commencing negotiations for any country compact or 18 threshold country program; signing any such compact or 19 threshold program; or terminating or suspending any such 20 compact or threshold program: Provided further, That 21 funds appropriated under this heading by this Act and 22 prior Acts making appropriations for the Department of 23 State, foreign operations, and related programs that are 24 available to implement section 609(g) of the MCA shall 25 be subject to the regular notification procedures of the ·S 1725 PCS 41 1 Committees on Appropriations: Provided further, That no 2 country should be eligible for a threshold program after 3 such country has completed a country compact: Provided 4 further, That any funds that are deobligated from a Mil5 lennium Challenge Compact shall be subject to the regular 6 notification procedures of the Committees on Appropria7 tions prior to re-obligation: Provided further, That not8 withstanding section 606(a)(2) of the MCA, a country 9 shall be a candidate country for purposes of eligibility for 10 assistance for the fiscal year if the country has a per cap11 ita income equal to or below the World Bank's lower mid12 dle income country threshold for the fiscal year and is 13 among the 75 lowest per capita income countries as identi14 fied by the World Bank; and the country meets the re15 quirements of section 606(a)(1)(B) of the MCA: Provided 16 further, That notwithstanding section 606(b)(1) of the 17 MCA, in addition to countries described in the preceding 18 proviso, a country shall be a candidate country for pur19 poses of eligibility for assistance for the fiscal year if the 20 country has a per capita income equal to or below the 21 World Bank's lower middle income country threshold for 22 the fiscal year and is not among the 75 lowest per capita 23 income countries as identified by the World Bank; and the 24 country meets the requirements of section 606(a)(1)(B) 25 of the MCA: Provided further, That any Millennium Chal- ·S 1725 PCS 42 1 lenge Corporation candidate country under section 606 of 2 the MCA with a per capita income that changes in the 3 fiscal year such that the country would be reclassified 4 from a low income country to a lower middle income coun5 try or from a lower middle income country to a low income 6 country shall retain its candidacy status in its former in7 come classification for the fiscal year and the 2 subsequent 8 fiscal years: Provided further, That in this fiscal year and 9 hereafter, publication in the Federal Register of a notice 10 of availability of a copy of a Compact on the Millennium 11 Challenge Corporation Web site shall be deemed to satisfy 12 the requirements of section 610(b)(2) of the MCA for such 13 Compact: Provided further, That none of the funds made 14 available by this Act or prior Acts making appropriations 15 for the Department of State, foreign operations, and re16 lated programs shall be available for a threshold program 17 in a country that is not currently a candidate country: 18 Provided further, That of the funds appropriated under 19 this heading, not to exceed $100,000 may be available for 20 representation and entertainment expenses, of which not 21 to exceed $5,000 may be available for entertainment ex22 penses. 23 24 INTER-AMERICAN FOUNDATION For necessary expenses to carry out the functions of 25 the Inter-American Foundation in accordance with the ·S 1725 PCS 43 1 provisions of section 401 of the Foreign Assistance Act 2 of 1969, $22,500,000, to remain available until September 3 30, 2017: Provided, That of the funds appropriated under 4 this heading, not to exceed $2,000 may be available for 5 representation expenses. 6 7 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION For necessary expenses to carry out title V of the 8 International Security and Development Cooperation Act 9 of 1980 (Public Law 96­533), $30,000,000, to remain 10 available until September 30, 2017, of which not to exceed 11 $2,000 may be available for representation expenses: Pro12 vided, That funds made available to grantees may be in13 vested pending expenditure for project purposes when au14 thorized by the Board of Directors of the United States 15 African Development Foundation (USADF): Provided fur16 ther, That interest earned shall be used only for the pur17 poses for which the grant was made: Provided further, 18 That notwithstanding section 505(a)(2) of the African De19 velopment Foundation Act, in exceptional circumstances 20 the Board of Directors of the USADF may waive the 21 $250,000 limitation contained in that section with respect 22 to a project and a project may exceed the limitation by 23 up to 10 percent if the increase is due solely to foreign 24 currency fluctuation: Provided further, That the USADF 25 shall submit a report to the Committees on Appropriations ·S 1725 PCS 44 1 after each time such waiver authority is exercised: Pro2 vided further, That the USADF may make rent or lease 3 payments in advance from appropriations available for 4 such purpose for offices, buildings, grounds, and quarters 5 in Africa as may be necessary to carry out its functions: 6 Provided further, That the USADF may maintain bank 7 accounts outside the United States Treasury and retain 8 any interest earned on such accounts, in furtherance of 9 the purposes of the African Foundation Development Act: 10 Provided further, That the USADF may not withdraw any 11 appropriation from the Treasury prior to the need of 12 spending such funds for program purposes. 13 14 15 DEPARTMENT OF THE TREASURY INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE For necessary expenses to carry out the provisions 16 of section 129 of the Foreign Assistance Act of 1961, 17 $23,500,000, to remain available until September 30, 18 2018, which shall be available notwithstanding any other 19 provision of law. ·S 1725 PCS 45 1 2 3 4 5 6 TITLE IV INTERNATIONAL SECURITY ASSISTANCE DEPARTMENT OF STATE INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT For necessary expenses to carry out section 481 of 7 the Foreign Assistance Act of 1961, $735,701,000, to re8 main available until September 30, 2017: Provided, That 9 the provision of assistance by any other United States 10 Government department or agency which is comparable to 11 assistance that may be made available under this heading, 12 but which is provided under any other provision of law, 13 should be provided only with the concurrence of the Sec14 retary of State and in accordance with the provisions of 15 sections 481(b) and 622(c) of the Foreign Assistance Act 16 of 1961: Provided further, That the Department of State 17 may use the authority of section 608 of the Foreign As18 sistance Act of 1961, without regard to its restrictions, 19 to receive excess property from an agency of the United 20 States Government for the purpose of providing such 21 property to a foreign country or international organization 22 under chapter 8 of part I of that Act, subject to the reg23 ular notification procedures of the Committees on Appro24 priations: Provided further, That section 482(b) of the 25 Foreign Assistance Act of 1961 shall not apply to funds ·S 1725 PCS 46 1 appropriated under this heading, except that any funds 2 made available notwithstanding such section shall be sub3 ject to the regular notification procedures of the Commit4 tees on Appropriations. 5 6 7 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS For necessary expenses for nonproliferation, anti-ter- 8 rorism, demining and related programs and activities, 9 $474,187,000, to remain available until September 30, 10 2017, to carry out the provisions of chapter 8 of part II 11 of the Foreign Assistance Act of 1961 for anti-terrorism 12 assistance, chapter 9 of part II of the Foreign Assistance 13 Act of 1961, section 504 of the FREEDOM Support Act, 14 section 23 of the Arms Export Control Act, or the Foreign 15 Assistance Act of 1961 for demining activities, the clear16 ance of unexploded ordnance, the destruction of small 17 arms, and related activities, notwithstanding any other 18 provision of law, including activities implemented through 19 nongovernmental and international organizations, and sec20 tion 301 of the Foreign Assistance Act of 1961 for a vol21 untary contribution to the International Atomic Energy 22 Agency (IAEA), and for a United States contribution to 23 the Comprehensive Nuclear Test Ban Treaty Preparatory 24 Commission: Provided, That for the clearance of 25 unexploded ordnance, the Secretary of State should ·S 1725 PCS 47 1 prioritize those areas where such ordnance was caused by 2 the United States: Provided further, That funds made 3 available under this heading for the Nonproliferation and 4 Disarmament Fund shall be available notwithstanding any 5 other provision of law and subject to prior consultation 6 with, and the regular notification procedures of, the Com7 mittees on Appropriations, to promote bilateral and multi8 lateral activities relating to nonproliferation, disar9 mament, and weapons destruction, and shall remain avail10 able until expended: Provided further, That such funds 11 may also be used for such countries other than the inde12 pendent states of the former Soviet Union and inter13 national organizations when it is in the national security 14 interest of the United States to do so: Provided further, 15 That funds appropriated under this heading may be made 16 available for the IAEA unless the Secretary of State deter17 mines that Israel is being denied its right to participate 18 in the activities of that Agency: Provided further, That 19 funds made available for conventional weapons destruction 20 programs, including demining and related activities, in ad21 dition to funds otherwise available for such purposes, may 22 be used for administrative expenses related to the oper23 ation and management of such programs and activities. ·S 1725 PCS 48 1 2 PEACEKEEPING OPERATIONS For necessary expenses to carry out the provisions 3 of section 551 of the Foreign Assistance Act of 1961, 4 $166,700,000: Provided, That funds appropriated under 5 this heading may be used, notwithstanding section 660 of 6 such Act, to provide assistance to enhance the capacity 7 of foreign civilian security forces, including gendarmes, to 8 participate in peacekeeping operations: Provided further, 9 That of the funds appropriated under this heading, not 10 less than $35,000,000 shall be made available for a United 11 States contribution to the Multinational Force and Ob12 servers mission in the Sinai: Provided further, That none 13 of the funds appropriated under this heading shall be obli14 gated except as provided through the regular notification 15 procedures of the Committees on Appropriations. 16 17 18 FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL MILITARY EDUCATION AND TRAINING For necessary expenses to carry out the provisions 19 of section 541 of the Foreign Assistance Act of 1961, 20 $107,587,000, of which up to $4,000,000 may remain 21 available until September 30, 2017, and may only be pro22 vided through the regular notification procedures of the 23 Committees on Appropriations: Provided, That the civilian 24 personnel for whom military education and training may 25 be provided under this heading may include civilians who ·S 1725 PCS 49 1 are not members of a government whose participation 2 would contribute to improved civil-military relations, civil3 ian control of the military, or respect for human rights: 4 Provided further, That of the funds appropriated under 5 this heading, not to exceed $55,000 may be available for 6 entertainment expenses. 7 8 FOREIGN MILITARY FINANCING PROGRAM For necessary expenses for grants to enable the 9 President to carry out the provisions of section 23 of the 10 Arms Export Control Act, $4,543,934,000: Provided, 11 That to expedite the provision of assistance to foreign 12 countries and international organizations, the Secretary of 13 State, following consultation with the Committees on Ap14 propriations and subject to the regular notification proce15 dures of such Committees, may use the funds appro16 priated under this heading to procure defense articles and 17 services to enhance the capacity of foreign security forces: 18 Provided further, That of the funds appropriated under 19 this heading, not less than $3,100,000,000 shall be avail20 able for grants only for Israel, and funds are available for 21 assistance for Jordan and Egypt subject to section 7041 22 of this Act: Provided further, That the funds appropriated 23 under this heading for assistance for Israel shall be dis24 bursed within 30 days of enactment of this Act: Provided 25 further, That to the extent that the Government of Israel ·S 1725 PCS 50 1 requests that funds be used for such purposes, grants 2 made available for Israel under this heading shall, as 3 agreed by the United States and Israel, be available for 4 advanced weapons systems, of which not less than 5 $815,300,000 shall be available for the procurement in 6 Israel of defense articles and defense services, including 7 research and development: Provided further, That none of 8 the funds made available under this heading shall be made 9 available to support or continue any program initially 10 funded under the authority of section 1206 of the National 11 Defense Authorization Act for Fiscal Year 2006 (Public 12 Law 109­163; 119 Stat. 3456), or section 2282 of title 13 10, United States Code, unless the Secretary of State, in 14 coordination with the Secretary of Defense, has justified 15 such program to the Committees on Appropriations: Pro16 vided further, That funds appropriated or otherwise made 17 available under this heading shall be nonrepayable not18 withstanding any requirement in section 23 of the Arms 19 Export Control Act: Provided further, That funds made 20 available under this heading shall be obligated upon appor21 tionment in accordance with paragraph (5)(C) of section 22 1501(a) of title 31, United States Code. 23 None of the funds made available under this heading 24 shall be available to finance the procurement of defense 25 articles, defense services, or design and construction serv- ·S 1725 PCS 51 1 ices that are not sold by the United States Government 2 under the Arms Export Control Act unless the foreign 3 country proposing to make such procurement has first 4 signed an agreement with the United States Government 5 specifying the conditions under which such procurement 6 may be financed with such funds: Provided, That all coun7 try and funding level increases in allocations shall be sub8 mitted through the regular notification procedures of sec9 tion 7015 of this Act: Provided further, That funds made 10 available under this heading may be used, notwithstanding 11 any other provision of law, for demining, the clearance of 12 unexploded ordnance, and related activities, and may in13 clude activities implemented through nongovernmental 14 and international organizations: Provided further, That 15 only those countries for which assistance was justified for 16 the ``Foreign Military Sales Financing Program'' in the 17 fiscal year 1989 congressional presentation for security as18 sistance programs may utilize funds made available under 19 this heading for procurement of defense articles, defense 20 services, or design and construction services that are not 21 sold by the United States Government under the Arms 22 Export Control Act: Provided further, That funds appro23 priated under this heading shall be expended at the min24 imum rate necessary to make timely payment for defense 25 articles and services: Provided further, That not more than ·S 1725 PCS 52 1 $63,945,000 of the funds appropriated under this heading 2 may be obligated for necessary expenses, including the 3 purchase of passenger motor vehicles for replacement only 4 for use outside of the United States, for the general costs 5 of administering military assistance and sales, except that 6 this limitation may be exceeded only through the regular 7 notification procedures of the Committees on Appropria8 tions: Provided further, That of the funds made available 9 under this heading for general costs of administering mili10 tary assistance and sales, not to exceed $4,000 may be 11 available for entertainment expenses and not to exceed 12 $130,000 may be available for representation expenses: 13 Provided further, That not more than $904,000,000 of 14 funds realized pursuant to section 21(e)(1)(A) of the Arms 15 Export Control Act may be obligated for expenses incurred 16 by the Department of Defense during fiscal year 2016 17 pursuant to section 43(b) of the Arms Export Control Act, 18 except that this limitation may be exceeded only through 19 the regular notification procedures of the Committees on 20 Appropriations. ·S 1725 PCS 53 1 2 3 4 5 TITLE V MULTILATERAL ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL ORGANIZATIONS AND PROGRAMS For necessary expenses to carry out the provisions 6 of section 301 of the Foreign Assistance Act of 1961, and 7 of section 2 of the United Nations Environment Program 8 Participation Act of 1973, $339,000,000: Provided, That 9 section 307(a) of the Foreign Assistance Act of 1961 shall 10 not apply to contributions to the United Nations Democ11 racy Fund. 12 13 14 INTERNATIONAL FINANCIAL INSTITUTIONS GLOBAL ENVIRONMENT FACILITY For payment to the International Bank for Recon- 15 struction and Development as trustee for the Global Envi16 ronment Facility by the Secretary of the Treasury, 17 $84,132,000, to remain available until expended. 18 19 20 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION For payment to the International Development Asso- 21 ciation by the Secretary of the Treasury, $645,300,000, 22 to remain available until expended. ·S 1725 PCS 54 1 2 3 CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT For payment to the International Bank for Recon- 4 struction and Development by the Secretary of the Treas5 ury for the United States share of the paid-in portion of 6 the increases in capital stock, $96,460,000, to remain 7 available until expended. 8 9 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the International 10 Bank for Reconstruction and Development may subscribe 11 without fiscal year limitation to the callable capital portion 12 of the United States share of increases in capital stock 13 in an amount not to exceed $2,928,990,899. 14 15 CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND For payment to the International Bank for Recon- 16 struction and Development as trustee for the Clean Tech17 nology Fund by the Secretary of the Treasury, 18 $85,340,000, to remain available until expended. 19 20 CONTRIBUTION TO THE STRATEGIC CLIMATE FUND For payment to the International Bank for Recon- 21 struction and Development as trustee for the Strategic 22 Climate Fund by the Secretary of the Treasury, 23 $29,810,000, to remain available until expended. ·S 1725 PCS 55 1 2 3 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK For payment to the Inter-American Development 4 Bank by the Secretary of the Treasury for the United 5 States share of the paid-in portion of the increase in cap6 ital stock, $51,010,000, to remain available until ex7 pended. 8 9 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the Inter-American 10 Development Bank may subscribe without fiscal year limi11 tation to the callable capital portion of the United States 12 share of such capital stock in an amount not to exceed 13 $4,098,794,833. 14 15 CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK For payment to the Asian Development Bank by the 16 Secretary of the Treasury for the United States share of 17 the paid-in portion of increase in capital stock, 18 $5,608,000, to remain available until expended. 19 20 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND For payment to the Asian Development Bank's Asian 21 Development Fund by the Secretary of the Treasury, 22 $83,043,000, to remain available until expended. 23 24 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK For payment to the African Development Bank by 25 the Secretary of the Treasury for the United States share ·S 1725 PCS 56 1 of the paid-in portion of the increase in capital stock, 2 $17,059,000, to remain available until expended. 3 4 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the African Develop- 5 ment Bank may subscribe without fiscal year limitation 6 to the callable capital portion of the United States share 7 of such capital stock in an amount not to exceed 8 $507,860,808. 9 10 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND For payment to the African Development Fund by 11 the Secretary of the Treasury, $113,750,000, to remain 12 available until expended. 13 14 15 CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT For payment to the International Fund for Agricul- 16 tural Development by the Secretary of the Treasury, 17 $15,965,000, to remain available until expended. 18 19 GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM For payment to the Global Agriculture and Food Se- 20 curity Program by the Secretary of the Treasury, 21 $21,500,000, to remain available until expended. 22 23 24 CONTRIBUTION TO THE NORTH AMERICAN DEVELOPMENT BANK For payment to the North American Development 25 Bank by the Secretary of the Treasury for the United ·S 1725 PCS 57 1 States share of the paid-in portion of the increase in cap2 ital stock, $22,500,000, to remain available until ex3 pended. 4 5 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The Secretary of the Treasury may subscribe without 6 fiscal year limitation to the callable capital portion of the 7 United States share of such capital stock in an amount 8 not to exceed $255,000,000. 9 10 11 12 13 TITLE VI EXPORT AND INVESTMENT ASSISTANCE EXPORT-IMPORT BANK OF THE UNITED STATES INSPECTOR GENERAL For necessary expenses of the Office of Inspector 14 General in carrying out the provisions of the Inspector 15 General Act of 1978, as amended, $6,000,000, to remain 16 available until September 30, 2017. 17 18 PROGRAM ACCOUNT The Export-Import Bank (the Bank) of the United 19 States is authorized to make such expenditures within the 20 limits of funds and borrowing authority available to such 21 corporation, and in accordance with law, and to make such 22 contracts and commitments without regard to fiscal year 23 limitations, as provided by section 104 of the Government 24 Corporation Control Act, as may be necessary in carrying 25 out the program for the current fiscal year for such cor- ·S 1725 PCS 58 1 poration: Provided, That none of the funds available dur2 ing the current fiscal year may be used to make expendi3 tures, contracts, or commitments for the export of nuclear 4 equipment, fuel, or technology to any country, other than 5 a nuclear-weapon state as defined in Article IX of the 6 Treaty on the Non-Proliferation of Nuclear Weapons eligi7 ble to receive economic or military assistance under this 8 Act, that has detonated a nuclear explosive after the date 9 of the enactment of this Act: Provided further, That not 10 less than 20 percent of the aggregate loan, guarantee, and 11 insurance authority available to the Bank under this Act 12 should be used to finance exports directly by small busi13 ness concerns (as defined under section 3 of the Small 14 Business Act): Provided further, That not less than 10 15 percent of the aggregate loan, guarantee, and insurance 16 authority available to the Bank under this Act should be 17 used for renewable energy technologies or energy efficiency 18 technologies: Provided further, That notwithstanding sec19 tion 1(c) of Public Law 103­428, as amended, sections 20 1(a) and (b) of Public Law 103­428 shall remain in effect 21 through October 1, 2016. 22 23 ADMINISTRATIVE EXPENSES For administrative expenses to carry out the direct 24 and guaranteed loan and insurance programs, including 25 hire of passenger motor vehicles and services as authorized ·S 1725 PCS 59 1 by section 3109 of title 5, United States Code, and not 2 to exceed $30,000 for official reception and representation 3 expenses for members of the Board of Directors, not to 4 exceed $106,250,000: Provided, That the Export-Import 5 Bank (the Bank) may accept, and use, payment or serv6 ices provided by transaction participants for legal, finan7 cial, or technical services in connection with any trans8 action for which an application for a loan, guarantee or 9 insurance commitment has been made: Provided further, 10 That notwithstanding subsection (b) of section 117 of the 11 Export Enhancement Act of 1992, subsection (a) thereof 12 shall remain in effect until September 30, 2016: Provided 13 further, That the Bank shall charge fees for necessary ex14 penses (including special services performed on a contract 15 or fee basis, but not including other personal services) in 16 connection with the collection of moneys owed the Bank, 17 repossession or sale of pledged collateral or other assets 18 acquired by the Bank in satisfaction of moneys owed the 19 Bank, or the investigation or appraisal of any property, 20 or the evaluation of the legal, financial, or technical as21 pects of any transaction for which an application for a 22 loan, guarantee, or insurance commitment has been made, 23 or systems infrastructure directly supporting transactions: 24 Provided further, That in addition to other funds appro25 priated for administrative expenses, such fees shall be ·S 1725 PCS 60 1 credited to this account for such purposes, to remain avail2 able until expended. 3 4 RECEIPTS COLLECTED Receipts collected pursuant to the Export-Import 5 Bank Act of 1945, as amended, and the Federal Credit 6 Reform Act of 1990, as amended, in an amount not to 7 exceed the amount appropriated herein, shall be credited 8 as offsetting collections to this account: Provided, That the 9 sums herein appropriated from the General Fund shall be 10 reduced on a dollar-for-dollar basis by such offsetting col11 lections so as to result in a final fiscal year appropriation 12 from the General Fund estimated at $0: Provided further, 13 That amounts collected in fiscal year 2016 in excess of 14 obligations, up to $10,000,000 shall become available on 15 September 1, 2016, and shall remain available until Sep16 tember 30, 2019. 17 18 19 OVERSEAS PRIVATE INVESTMENT CORPORATION NONCREDIT ACCOUNT The Overseas Private Investment Corporation is au- 20 thorized to make, without regard to fiscal year limitations, 21 as provided by section 9104 of title 31, United States 22 Code, such expenditures and commitments within the lim23 its of funds available to it and in accordance with law as 24 may be necessary: Provided, That the amount available for 25 administrative expenses to carry out the credit and insur- ·S 1725 PCS 61 1 ance programs (including an amount for official reception 2 and representation expenses which shall not exceed 3 $35,000) shall not exceed $62,787,000: Provided further, 4 That project-specific transaction costs, including direct 5 and indirect costs incurred in claims settlements, and 6 other direct costs associated with services provided to spe7 cific investors or potential investors pursuant to section 8 234 of the Foreign Assistance Act of 1961, shall not be 9 considered administrative expenses for the purposes of this 10 heading. 11 12 PROGRAM ACCOUNT For the cost of direct and guaranteed loans, 13 $20,000,000, as authorized by section 234 of the Foreign 14 Assistance Act of 1961, to be derived by transfer from 15 the Overseas Private Investment Corporation Noncredit 16 Account: Provided, That such costs, including the cost of 17 modifying such loans, shall be as defined in section 502 18 of the Congressional Budget Act of 1974: Provided fur19 ther, That such sums shall be available for direct loan obli20 gations and loan guaranty commitments incurred or made 21 during fiscal years 2016, 2017, and 2018: Provided fur22 ther, That funds so obligated in fiscal year 2016 remain 23 available for disbursement through 2024; funds obligated 24 in fiscal year 2017 remain available for disbursement 25 through 2025; and funds obligated in fiscal year 2018 re- ·S 1725 PCS 62 1 main available for disbursement through 2026: Provided 2 further, That notwithstanding any other provision of law, 3 the Overseas Private Investment Corporation is authorized 4 to undertake any program authorized by title IV of chap5 ter 2 of part I of the Foreign Assistance Act of 1961 in 6 Iraq: Provided further, That funds made available pursu7 ant to the authority of the previous proviso shall be subject 8 to the regular notification procedures of the Committees 9 on Appropriations. 10 In addition, such sums as may be necessary for ad- 11 ministrative expenses to carry out the credit program may 12 be derived from amounts available for administrative ex13 penses to carry out the credit and insurance programs in 14 the Overseas Private Investment Corporation Noncredit 15 Account and merged with said account. 16 17 TRADE AND DEVELOPMENT AGENCY For necessary expenses to carry out the provisions 18 of section 661 of the Foreign Assistance Act of 1961, 19 $60,000,000, to remain available until September 30, 20 2017: Provided, That of the funds appropriated under this 21 heading, not more than $5,000 may be available for rep22 resentation and entertainment expenses. ·S 1725 PCS 63 1 2 3 4 TITLE VII GENERAL PROVISIONS ALLOWANCES AND DIFFERENTIALS SEC. 7001. Funds appropriated under title I of this 5 Act shall be available, except as otherwise provided, for 6 allowances and differentials as authorized by subchapter 7 59 of title 5, United States Code; for services as author8 ized by section 3109 of such title and for hire of passenger 9 transportation pursuant to section 1343(b) of title 31, 10 United States Code. 11 12 UNOBLIGATED BALANCES REPORT SEC. 7002. Any department or agency of the United 13 States Government to which funds are appropriated or 14 otherwise made available by this Act shall provide to the 15 Committees on Appropriations a quarterly accounting of 16 cumulative unobligated balances and obligated, but unex17 pended, balances by program, project, and activity, and 18 Treasury Account Fund Symbol of all funds received by 19 such department or agency in fiscal year 2016 or any pre20 vious fiscal year, disaggregated by fiscal year: Provided, 21 That the report required by this section should specify by 22 account the amount of funds obligated pursuant to bilat23 eral agreements which have not been further sub-obli24 gated. ·S 1725 PCS 64 1 2 CONSULTING SERVICES SEC. 7003. The expenditure of any appropriation 3 under title I of this Act for any consulting service through 4 procurement contract, pursuant to section 3109 of title 5 5, United States Code, shall be limited to those contracts 6 where such expenditures are a matter of public record and 7 available for public inspection, except where otherwise pro8 vided under existing law, or under existing Executive 9 Order issued pursuant to existing law. 10 11 12 DIPLOMATIC FACILITIES SEC. 7004. (a) CAPITAL SECURITY COST SHARING.--Of funds provided under title I of this Act, except 13 as provided in subsection (b), a project to construct a dip14 lomatic facility of the United States may not include office 15 space or other accommodations for an employee of a Fed16 eral agency or department if the Secretary of State deter17 mines that such department or agency has not provided 18 to the Department of State the full amount of funding 19 required by subsection (e) of section 604 of the Secure 20 Embassy Construction and Counterterrorism Act of 1999 21 (as enacted into law by section 1000(a)(7) of Public Law 22 106­113 and contained in appendix G of that Act; 113 23 Stat. 1501A­453), as amended by section 629 of the De24 partments of Commerce, Justice, and State, the Judiciary, 25 and Related Agencies Appropriations Act, 2005. ·S 1725 PCS 65 1 (b) EXCEPTION.--Notwithstanding the prohibition in 2 subsection (a), a project to construct a diplomatic facility 3 of the United States may include office space or other ac4 commodations for members of the United States Marine 5 Corps. 6 (c) NEW DIPLOMATIC FACILITIES.--For the pur- 7 poses of calculating the fiscal year 2016 costs of providing 8 new United States diplomatic facilities in accordance with 9 section 604(e) of the Secure Embassy Construction and 10 Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the 11 Secretary of State, in consultation with the Director of 12 the Office of Management and Budget, shall determine the 13 annual program level and agency shares in a manner that 14 is proportional to the Department of State's contribution 15 for this purpose. 16 17 (d) CONSULTATION MENTS.--Funds AND NOTIFICATION REQUIRE- appropriated by this Act and prior Acts 18 making appropriations for the Department of State, for19 eign operations, and related programs, which may be made 20 available for the acquisition of property or award of con21 struction contracts for overseas diplomatic facilities during 22 fiscal year 2016, shall be subject to prior consultation 23 with, and the regular notification procedures of, the Com24 mittees on Appropriations: Provided, That any such notifi25 cation for a new diplomatic facility justified to the Com- ·S 1725 PCS 66 1 mittees on Appropriations in Appendix I of the Congres2 sional Budget Justification, Department of State, Diplo3 matic Engagement, Fiscal Year 2016, or not previously 4 justified to such Committees, shall include confirmation 5 that the Department of State has completed the requisite 6 value engineering studies required pursuant to OMB Cir7 cular A­131, Value Engineering December 31, 2013 and 8 the Bureau of Overseas Building Operations Policy and 9 Procedure Directive, P&PD, PE/DE 03; Value Engineer10 ing, May 26, 2004. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (e) EXPEDITIONARY, INTERIM, CILITIES AND TEMPORARY FA- ABROAD.-- (1) Funds appropriated by this Act under the heading ``Embassy Security, Construction, and Maintenance'' may be made available to address security vulnerabilities at expeditionary, interim, and temporary facilities abroad, including physical security upgrades and local guard staffing, except that the amount of funds made available for such purposes from this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be a minimum of $25,000,000: Provided, That the uses of such funds should be the responsibility of the Assistant Secretary of State for the Bureau of Diplomatic Secu- ·S 1725 PCS 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 rity and Foreign Missions, in consultation with the Director of the Bureau of Overseas Buildings Operations: Provided further, That such funds shall be subject to prior consultation with the Committees on Appropriations. (2) Notwithstanding any other provision of law, the opening, closure, or any significant modification to an expeditionary, interim, or temporary diplomatic facility shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations, except that such consultation and notification may be waived if there is a security risk to personnel. (3) Not later than 60 days after enactment of this Act, the Department of State shall document standard operating procedures and best practices associated with the delivery, construction, and protection of temporary structures in high threat and conflict environments: Provided, That the Secretary of State shall notify the Committees on Appropriations after completing such documentation. (f) FOREIGN AFFAIRS SECURITY TRAINING CENTER.-- ·S 1725 PCS 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) None of the funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be obligated for design, site preparation or construction of a Foreign Affairs Security Training Center (FASTC) at Fort Pickett, Virginia, until each of the following occurs: (A) The Secretary of State submits to the appropriate congressional committees, the Comptroller General of the United States, and the Director of the Office of Management and Budget a comprehensive cost-benefit analysis of the construction of FASTC at Fort Pickett, Virginia that includes, at a minimum, the following: a life-cycle cost estimate of construction, maintenance, and sustainment of FASTC; an estimate of the effect of FASTC on the total cost associated with conducting security training for Department of State personnel and dependents, as appropriate; and a detailed analysis that quantifies the impact of FASTC on the training capacity and operational effectiveness of Bureau of Diplomatic Security, Department of State; ·S 1725 PCS 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) The Comptroller General submits an assessment of the analysis required by subparagraph (A) to the appropriate congressional committees on the methodology, analysis and conclusions of the report submitted by the Secretary of State; and (C) The Secretary of State, in consultation with the Director of the Office of Management and Budget, reviews the report required under subparagraph (A) and the assessment required under subparagraph (B), and certifies to the appropriate congressional committees that the construction of FASTC at Fort Pickett, Virginia would provide efficiencies and increases in the training capacity and operational effectiveness of the Bureau of Diplomatic Security commensurate with the estimated life-cycle costs of constructing, FASTC. (2) Not later than 180 days after the enactment of this Act, the Secretary of State shall submit the report required subparagraph (A), and not later than 180 days after receiving such report, the Comptroller General shall submit the assessment required under subparagraph (B). maintaining, and sustaining ·S 1725 PCS 70 1 2 3 ON OF (g) COMPLIANCE WITH THE VIENNA CONVENTION DIPLOMATIC RELATIONS BY THE PEOPLE'S REPUBLIC CHINA.--Not later than 30 days after enactment of 4 this Act, the Secretary of State shall determine and report 5 to the appropriate congressional committees the extent to 6 which the Government of the People's Republic of China 7 (PRC) has taken action to interfere with the repair and 8 renovation of United States diplomatic facilities in the 9 PRC during the past calendar year, including any action 10 taken in contravention of the Vienna Convention on Diplo11 matic Relations, 1961. 12 (h) TRANSFER AUTHORITY.--Funds appropriated 13 under the heading ``Diplomatic and Consular Programs'', 14 including for Worldwide Security Protection, and under 15 the heading ``Embassy Security, Construction, and Main16 tenance'' in titles I and VIII of this Act may be trans17 ferred to, and merged with, funds appropriated by such 18 titles under such headings if the Secretary of State deter19 mines and reports to the Committees on Appropriations 20 that to do so is necessary to implement the recommenda21 tions of the Benghazi Accountability Review Board, or to 22 prevent or respond to security situations and require23 ments, following consultation with, and subject to the reg24 ular notification procedures of, such Committees: Pro25 vided, That such transfer authority is in addition to any ·S 1725 PCS 71 1 transfer authority otherwise available under any other pro2 vision of law. 3 4 PERSONNEL ACTIONS SEC. 7005. Any costs incurred by a department or 5 agency funded under title I of this Act resulting from per6 sonnel actions taken in response to funding reductions in7 cluded in this Act shall be absorbed within the total budg8 etary resources available under title I to such department 9 or agency: Provided, That the authority to transfer funds 10 between appropriations accounts as may be necessary to 11 carry out this section is provided in addition to authorities 12 included elsewhere in this Act: Provided further, That use 13 of funds to carry out this section shall be treated as a 14 reprogramming of funds under section 7015 of this Act 15 and shall not be available for obligation or expenditure ex16 cept in compliance with the procedures set forth in that 17 section. 18 19 LOCAL GUARD CONTRACTS SEC. 7006. In evaluating proposals for local guard 20 contracts, the Secretary of State shall award contracts in 21 accordance with section 136 of the Foreign Relations Au22 thorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 23 4864), except that the Secretary may grant authorization 24 to award such contracts on the basis of best value as de25 termined by a cost-technical tradeoff analysis (as de- ·S 1725 PCS 72 1 scribed in Federal Acquisition Regulation part 15.101), 2 notwithstanding subsection (c)(3) of such section: Pro3 vided, That the authority in this section shall apply to any 4 options for renewal that may be exercised under such con5 tracts that are awarded during the current fiscal year. 6 7 8 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES SEC. 7007. None of the funds appropriated or other- 9 wise made available pursuant to titles III through VI of 10 this Act shall be obligated or expended to finance directly 11 any assistance or reparations for the governments of 12 Cuba, North Korea, Iran, or Syria: Provided, That for 13 purposes of this section, the prohibition on obligations or 14 expenditures shall include direct loans, credits, insurance, 15 and guarantees of the Export-Import Bank or its agents. 16 17 ´ COUPS D'ETAT SEC. 7008. None of the funds appropriated or other- 18 wise made available pursuant to titles III through VI of 19 this Act shall be obligated or expended to finance directly 20 any assistance to the government of any country whose 21 duly elected head of government is deposed by military ´ 22 coup d'etat or decree or, after the date of enactment of ´ 23 this Act, a coup d'etat or decree in which the military 24 plays a decisive role: Provided, That assistance may be re25 sumed to such government if the Secretary of State cer- ·S 1725 PCS 73 1 tifies and reports to the appropriate congressional commit2 tees that subsequent to the termination of assistance a 3 democratically elected government has taken office: Pro4 vided further, That the provisions of this section shall not 5 apply to assistance to promote democratic elections or 6 public participation in democratic processes: Provided fur7 ther, That funds made available pursuant to the previous 8 provisos shall be subject to the regular notification proce9 dures of the Committees on Appropriations. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TRANSFER AUTHORITY SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING BOARD OF GOVERNORS.-- (1) Not to exceed 5 percent of any appropria- tion made available for the current fiscal year for the Department of State under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers, and no such transfer may be made to increase the appropriation under the heading ``Representation Expenses''. (2) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting Board of Governors under title I ·S 1725 PCS 74 1 2 3 4 5 6 7 8 9 10 11 12 of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. (3) Any transfer pursuant to this section shall be treated as a reprogramming of funds under subsections (a) and (b) of section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. (b) EXPORT FINANCING TRANSFER AUTHORITIES.-- 13 Not to exceed 5 percent of any appropriation other than 14 for administrative expenses made available for fiscal year 15 2016, for programs under title VI of this Act may be 16 transferred between such appropriations for use for any 17 of the purposes, programs, and activities for which the 18 funds in such receiving account may be used, but no such 19 appropriation, except as otherwise specifically provided, 20 shall be increased by more than 25 percent by any such 21 transfer: Provided, That the exercise of such authority 22 shall be subject to the regular notification procedures of 23 the Committees on Appropriations. 24 25 (c) LIMITATION CIES.-- ON TRANSFERS BETWEEN AGEN- ·S 1725 PCS 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. (2) Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961. (3) Any agreement entered into by the United States Agency for International Development (USAID) or the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $1,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings ``Global Health ·S 1725 PCS 76 1 2 3 4 5 6 7 8 9 Programs'', ``Development Assistance'', ``Economic Support Fund'', and ``Assistance for Europe, Eurasia and Central Asia'' shall be subject to the regular notification procedures of the Committees on Appropriations: Provided, That the requirement in the previous sentence shall not apply to agreements entered into between USAID and the Department of State. (d) TRANSFERS BETWEEN ACCOUNTS.--None of the 10 funds made available under titles II through V of this Act 11 may be obligated under an appropriation account to which 12 such funds were not appropriated, except for transfers 13 specifically provided for in this Act, unless the President, 14 not less than 5 days prior to the exercise of any authority 15 contained in the Foreign Assistance Act of 1961 to trans16 fer funds, consults with and provides a written policy jus17 tification to the Committees on Appropriations. 18 (e) AUDIT OF INTER-AGENCY TRANSFERS.--Any 19 agreement for the transfer or allocation of funds appro20 priated by this Act, or prior Acts, entered into between 21 the Department of State or USAID and another agency 22 of the United States Government under the authority of 23 section 632(a) of the Foreign Assistance Act of 1961 or 24 any comparable provision of law, shall expressly provide 25 that the Inspector General (IG) for the agency receiving ·S 1725 PCS 77 1 the transfer or allocation of such funds, or other entity 2 with audit responsibility if the receiving agency does not 3 have an IG, shall perform periodic program and financial 4 audits of the use of such funds: Provided, That such au5 dits shall be transmitted to the Committees on Appropria6 tions: Provided further, That funds transferred under such 7 authority may be made available for the cost of such au8 dits. 9 10 PROHIBITION ON FIRST-CLASS TRAVEL SEC. 7010. None of the funds made available in this 11 Act may be used for first-class travel by employees of 12 agencies funded by this Act in contravention of sections 13 301­10.122 through 301­10.124 of title 41, Code of Fed14 eral Regulations. 15 16 AVAILABILITY OF FUNDS SEC. 7011. No part of any appropriation contained 17 in this Act shall remain available for obligation after the 18 expiration of the current fiscal year unless expressly so 19 provided in this Act: Provided, That funds appropriated 20 for the purposes of chapters 1 and 8 of part I, section 21 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 22 Assistance Act of 1961, section 23 of the Arms Export 23 Control Act, and funds provided under the headings ``De24 velopment Credit Authority'' and ``Assistance for Europe, 25 Eurasia and Central Asia'' shall remain available for an ·S 1725 PCS 78 1 additional 4 years from the date on which the availability 2 of such funds would otherwise have expired, if such funds 3 are initially obligated before the expiration of their respec4 tive periods of availability contained in this Act: Provided 5 further, That notwithstanding any other provision of this 6 Act, any funds made available for the purposes of chapter 7 1 of part I and chapter 4 of part II of the Foreign Assist8 ance Act of 1961 which are allocated or obligated for cash 9 disbursements in order to address balance of payments or 10 economic policy reform objectives, shall remain available 11 for an additional 4 years from the date on which the avail12 ability of such funds would otherwise have expired, if such 13 funds are initially allocated or obligated before the expira14 tion of their respective periods of availability contained in 15 this Act: Provided further, That the Secretary of State 16 shall provide a report to the Committees on Appropria17 tions at the beginning of each fiscal year, detailing by ac18 count and source year, the use of this authority during 19 the previous fiscal year. 20 21 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT SEC. 7012. No part of any appropriation provided 22 under titles III through VI in this Act shall be used to 23 furnish assistance to the government of any country which 24 is in default during a period in excess of 1 calendar year 25 in payment to the United States of principal or interest ·S 1725 PCS 79 1 on any loan made to the government of such country by 2 the United States pursuant to a program for which funds 3 are appropriated under this Act unless the President de4 termines, following consultations with the Committees on 5 Appropriations, that assistance for such country is in the 6 national interest of the United States. 7 8 9 PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE SEC. 7013. (a) PROHIBITION ON TAXATION.--None 10 of the funds appropriated under titles III through VI of 11 this Act may be made available to provide assistance for 12 a foreign country under a new bilateral agreement gov13 erning the terms and conditions under which such assist14 ance is to be provided unless such agreement includes a 15 provision stating that assistance provided by the United 16 States shall be exempt from taxation, or reimbursed, by 17 the foreign government, and the Secretary of State shall 18 expeditiously seek to negotiate amendments to existing bi19 lateral agreements, as necessary, to conform with this re20 quirement. 21 (b) REIMBURSEMENT OF FOREIGN TAXES.--An 22 amount equivalent to 200 percent of the total taxes as23 sessed during fiscal year 2016 on funds appropriated by 24 this Act by a foreign government or entity against United 25 States assistance programs for which funds are appro- ·S 1725 PCS 80 1 priated by this Act, either directly or through grantees, 2 contractors, and subcontractors shall be withheld from ob3 ligation from funds appropriated for assistance for fiscal 4 year 2017 and allocated for the central government of 5 such country and for the West Bank and Gaza program 6 to the extent that the Secretary of State certifies and re7 ports in writing to the Committees on Appropriations, not 8 later than September 30, 2017, that such taxes have not 9 been reimbursed to the Government of the United States. 10 (c) DE MINIMIS EXCEPTION.--Foreign taxes of a de 11 minimis nature shall not be subject to the provisions of 12 subsection (b). 13 (d) REPROGRAMMING OF FUNDS.--Funds withheld 14 from obligation for each country or entity pursuant to sub15 section (b) shall be reprogrammed for assistance for coun16 tries which do not assess taxes on United States assistance 17 or which have an effective arrangement that is providing 18 substantial reimbursement of such taxes, and that can 19 reasonably accommodate such assistance in a program20 matically responsible manner. 21 22 23 24 25 (e) DETERMINATIONS.-- (1) The provisions of this section shall not apply to any country or entity if the Secretary of State reports to the Committees on Appropriations that-- ·S 1725 PCS 81 1 2 3 4 5 6 7 8 9 10 11 12 13 (A) such country or entity does not assess taxes on United States assistance or has an effective arrangement that is providing substantial reimbursement of such taxes; or (B) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not subject to taxation. (2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any country or entity. (f) IMPLEMENTATION.--The Secretary of State shall 14 issue rules, regulations, or policy guidance, as appropriate, 15 to implement the prohibition against the taxation of assist16 ance contained in this section. 17 18 19 20 21 22 23 24 25 (g) DEFINITIONS.--As used in this section-- (1) the term ``bilateral agreement'' refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that de- ·S 1725 PCS 82 1 2 3 4 5 6 7 8 scribes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement; and (2) the term ``taxes and taxation'' shall include value added taxes and customs duties but shall not include individual income taxes assessed to local staff. (h) REPORT.--The Secretary of State, in consultation 9 with the heads of other relevant departments or agencies, 10 shall submit a report to the Committees on Appropria11 tions, not later than 90 days after the enactment of this 12 Act, detailing steps taken by such departments or agencies 13 to comply with the requirements of this section. 14 15 RESERVATIONS OF FUNDS SEC. 7014. (a) REPROGRAMMING.--Funds appro- 16 priated under titles III through VI of this Act which are 17 specifically designated may be reprogrammed for other 18 programs within the same account notwithstanding the 19 designation if compliance with the designation is made im20 possible by operation of any provision of this or any other 21 Act: Provided, That any such reprogramming shall be sub22 ject to the regular notification procedures of the Commit23 tees on Appropriations: Provided further, That assistance 24 that is reprogrammed pursuant to this subsection shall be ·S 1725 PCS 83 1 made available under the same terms and conditions as 2 originally provided. 3 (b) EXTENSION OF AVAILABILITY.--In addition to 4 the authority contained in subsection (a), the original pe5 riod of availability of funds appropriated by this Act and 6 administered by the Department of State or the United 7 States Agency for International Development (USAID) 8 that are specifically designated for particular programs or 9 activities by this or any other Act may be extended for 10 an additional fiscal year if the Secretary of State or the 11 USAID Administrator, as appropriate, determines and re12 ports promptly to the Committees on Appropriations that 13 the termination of assistance to a country or a significant 14 change in circumstances makes it unlikely that such des15 ignated funds can be obligated during the original period 16 of availability: Provided, That such designated funds that 17 continue to be available for an additional fiscal year shall 18 be obligated only for the purpose of such designation. 19 (c) OTHER ACTS.--Ceilings and specifically des- 20 ignated funding levels contained in this Act shall not be 21 applicable to funds or authorities appropriated or other22 wise made available by any subsequent Act unless such 23 Act specifically so directs: Provided, That specifically des24 ignated funding levels or minimum funding requirements ·S 1725 PCS 84 1 contained in any other Act shall not be applicable to funds 2 appropriated by this Act. 3 4 NOTIFICATION REQUIREMENTS SEC. 7015. (a) REPROGRAMMING OF FUNDS.--None 5 of the funds made available in titles I and II of this Act, 6 or in prior appropriations Acts to the agencies and depart7 ments funded by this Act that remain available for obliga8 tion or expenditure in fiscal year 2016, or provided from 9 any accounts in the Treasury of the United States derived 10 by the collection of fees or of currency reflows or other 11 offsetting collections, or made available by transfer, to the 12 agencies and departments funded by this Act, shall be 13 available for obligation or expenditure through a re14 programming of funds that-- 15 16 17 18 19 20 21 22 23 24 (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) closes or opens a mission or post; (6) creates, closes, reorganizes, or renames bureaus, centers, or offices; (7) reorganizes programs or activities; or ·S 1725 PCS 85 1 2 (8) contracts out or privatizes any functions or activities presently performed by Federal employees; 3 unless the Committees on Appropriations are notified 15 4 days in advance of such reprogramming of funds: Pro5 vided, That unless previously justified to the Committees 6 on Appropriations, the requirements of this subsection 7 shall apply to all obligations of funds appropriated under 8 titles I and II of this Act for paragraphs (1), (2), (5), 9 and (6) of this subsection. 10 (b) LIMITATION.--None of the funds provided under 11 titles I and II of this Act, or provided under previous ap12 propriations Acts to the agency or department funded 13 under titles I and II of this Act that remain available for 14 obligation or expenditure in fiscal year 2016, or provided 15 from any accounts in the Treasury of the United States 16 derived by the collection of fees available to the agency 17 or department funded under title I of this Act, shall be 18 available for obligation or expenditure for activities, pro19 grams, or projects through a reprogramming of funds in 20 excess of $1,000,000 or 10 percent, whichever is less, 21 that-- 22 23 (1) augments existing programs, projects, or activities; ·S 1725 PCS 86 1 2 3 4 5 6 7 (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress; 8 unless the Committees on Appropriations are notified 15 9 days in advance of such reprogramming of funds. 10 (c) NOTIFICATION REQUIREMENT.--None of the 11 funds made available by this Act under the headings 12 ``Global Health Programs'', ``Development Assistance'', 13 ``International Organizations and Programs'', ``Trade and 14 Development Agency'', ``International Narcotics Control 15 and Law Enforcement'', ``Economic Support Fund'', ``De16 mocracy Fund'', ``Assistance for Europe, Eurasia and 17 Central Asia'', ``Peacekeeping Operations'', ``Non- 18 proliferation, Anti-terrorism, Demining and Related Pro19 grams'', ``Millennium Challenge Corporation'', ``Foreign 20 Military Financing Program'', ``International Military 21 Education and Training'', ``Conflict Stabilization Oper22 ations'', and ``Peace Corps'', shall be available for obliga23 tion for activities, programs, projects, type of materiel as24 sistance, countries, or other operations not justified or in 25 excess of the amount justified to the Committees on Ap- ·S 1725 PCS 87 1 propriations for obligation under any of these specific 2 headings unless the Committees on Appropriations are no3 tified 15 days in advance: Provided, That the President 4 shall not enter into any commitment of funds appropriated 5 for the purposes of section 23 of the Arms Export Control 6 Act for the provision of major defense equipment, other 7 than conventional ammunition, or other major defense 8 items defined to be aircraft, ships, missiles, or combat ve9 hicles, not previously justified to Congress or 20 percent 10 in excess of the quantities justified to Congress unless the 11 Committees on Appropriations are notified 15 days in ad12 vance of such commitment: Provided further, That require13 ments of this subsection or any similar provision of this 14 or any other Act shall not apply to any reprogramming 15 for an activity, program, or project for which funds are 16 appropriated under titles III through VI of this Act of less 17 than 10 percent of the amount previously justified to Con18 gress for obligation for such activity, program, or project 19 for the current fiscal year. 20 (d) NOTIFICATION OF TRANSFER OF FUNDS.--Not- 21 withstanding any other provision of law, with the excep22 tion of funds transferred to, and merged with, funds ap23 propriated under title I of this Act, funds transferred by 24 the Department of Defense to the Department of State 25 and the United States Agency for International Develop- ·S 1725 PCS 88 1 ment for assistance for foreign countries and international 2 organizations, and funds made available for programs pre3 viously authorized under section 1206 of the National De4 fense Authorization Act for Fiscal Year 2006 (Public Law 5 109­163) or section 2282 of title 10, United States Code, 6 shall be subject to the regular notification procedures of 7 the Committees on Appropriations. 8 (e) WAIVER.--The requirements of this section or 9 any similar provision of this Act or any other Act, includ10 ing any prior Act requiring notification in accordance with 11 the regular notification procedures of the Committees on 12 Appropriations, may be waived if failure to do so would 13 pose a substantial risk to human health or welfare: Pro14 vided, That in case of any such waiver, notification to the 15 Committees on Appropriations shall be provided as early 16 as practicable, but in no event later than 3 days after tak17 ing the action to which such notification requirement was 18 applicable, in the context of the circumstances necessi19 tating such waiver: Provided further, That any notification 20 provided pursuant to such a waiver shall contain an expla21 nation of the emergency circumstances. 22 (f) COUNTRY NOTIFICATION REQUIREMENTS.--None 23 of the funds appropriated under titles III through VI of 24 this Act shall be obligated or expended for assistance for 25 Afghanistan, Bahrain, Bolivia, Burma, Cambodia, Cuba, ·S 1725 PCS 89 1 Ecuador, Egypt, Ethiopia, Guatemala, Haiti, Honduras, 2 Iran, Iraq, Lebanon, Libya, Pakistan, the Russian Fed3 eration, Rwanda, Serbia, Somalia, South Sudan, Sri 4 Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and 5 Zimbabwe except as provided through the regular notifica6 tion procedures of the Committees on Appropriations. 7 8 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT SEC. 7016. Prior to providing excess Department of 9 Defense articles in accordance with section 516(a) of the 10 Foreign Assistance Act of 1961, the Department of De11 fense shall notify the Committees on Appropriations to the 12 same extent and under the same conditions as other com13 mittees pursuant to subsection (f) of that section: Pro14 vided, That before issuing a letter of offer to sell excess 15 defense articles under the Arms Export Control Act, the 16 Department of Defense shall notify the Committees on 17 Appropriations in accordance with the regular notification 18 procedures of such Committees if such defense articles are 19 significant military equipment (as defined in section 47(9) 20 of the Arms Export Control Act) or are valued (in terms 21 of original acquisition cost) at $7,000,000 or more, or if 22 notification is required elsewhere in this Act for the use 23 of appropriated funds for specific countries that would re24 ceive such excess defense articles: Provided further, That ·S 1725 PCS 90 1 such Committees shall also be informed of the original ac2 quisition cost of such defense articles. 3 4 5 LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND PROGRAMS SEC. 7017. Subject to the regular notification proce- 6 dures of the Committees on Appropriations, funds appro7 priated under titles I and III through V of this Act, which 8 are returned or not made available for organizations and 9 programs because of the implementation of section 307(a) 10 of the Foreign Assistance Act of 1961 or section 7048(a) 11 of this Act, shall remain available for obligation until Sep12 tember 30, 2018: Provided, That the requirement to with13 hold funds for programs in Burma under section 307(a) 14 of the Foreign Assistance Act of 1961 shall not apply to 15 funds appropriated by this Act. 16 17 18 PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION SEC. 7018. None of the funds made available to carry 19 out part I of the Foreign Assistance Act of 1961, as 20 amended, may be used to pay for the performance of abor21 tions as a method of family planning or to motivate or 22 coerce any person to practice abortions. None of the funds 23 made available to carry out part I of the Foreign Assist24 ance Act of 1961, as amended, may be used to pay for 25 the performance of involuntary sterilization as a method ·S 1725 PCS 91 1 of family planning or to coerce or provide any financial 2 incentive to any person to undergo sterilizations. None of 3 the funds made available to carry out part I of the Foreign 4 Assistance Act of 1961, as amended, may be used to pay 5 for any biomedical research which relates in whole or in 6 part, to methods of, or the performance of, abortions or 7 involuntary sterilization as a means of family planning. 8 None of the funds made available to carry out part I of 9 the Foreign Assistance Act of 1961, as amended, may be 10 obligated or expended for any country or organization if 11 the President certifies that the use of these funds by any 12 such country or organization would violate any of the 13 above provisions related to abortions and involuntary steri14 lizations. 15 16 ALLOCATIONS SEC. 7019. (a) REPORT TABLES.--Funds provided 17 by this Act shall be made available for programs and coun18 tries in the amounts specifically designated in the report 19 accompanying this Act, including such amounts in the re20 spective tables. 21 (b) LIMITED DEVIATION AUTHORITY.--For the pur- 22 poses of implementing this section and only with respect 23 to the amounts for programs and countries specifically 24 designated in the tables in the report accompanying this 25 Act, the Secretary of State, the Administrator of the ·S 1725 PCS 92 1 United States Agency for International Development, and 2 the Broadcasting Board of Governors, as appropriate, may 3 propose deviations to the amounts referenced in subsection 4 (a), subject to the regular notification procedures of the 5 Committees on Appropriations. 6 7 REPRESENTATION AND ENTERTAINMENT EXPENSES SEC. 7020. (a) USES OF FUNDS.--Each Federal de- 8 partment, agency, or entity funded in titles I or II of this 9 Act, and the Department of the Treasury and independent 10 agencies funded in titles III or VI of this Act, shall take 11 steps to ensure that domestic and overseas representation 12 and entertainment expenses further official agency busi13 ness and United States foreign policy interests and are-- 14 15 16 17 18 19 20 21 (1) primarily for fostering relations outside of the Executive Branch; (2) principally for meals and events of a protocol nature; (3) not for employee-only events; and (4) do not include activities that are substantially of a recreational character. (b) LIMITATIONS.--None of the funds appropriated 22 or otherwise made available by this Act under the head23 ings ``International Military Education and Training'' or 24 ``Foreign Military Financing Program'' for Informational 25 Program activities or under the headings ``Global Health ·S 1725 PCS 93 1 Programs'', ``Development Assistance'', ``Economic Sup2 port Fund'', and ``Assistance for Europe, Eurasia and 3 Central Asia'' may be obligated or expended to pay for-- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) alcoholic beverages; or (2) entertainment expenses for activities that are substantially of a recreational character, including but not limited to entrance fees at sporting events, theatrical and musical productions, and amusement parks. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING INTERNATIONAL TERRORISM SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EXPORTS.-- (1) PROHIBITION.--None of the funds appropriated or otherwise made available by titles III through VI of this Act may be made available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State determines and reports to the Committees on Appropriations supports inter- national terrorism for purposes of section 6(j) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act: Provided, That the prohibition under this section with respect to a foreign govern- ·S 1725 PCS 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ment shall terminate 12 months after the Secretary determines and reports to such Committees that such government ceases to provide such military equipment: Provided further, That this section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997. (2) DETERMINATION.--Assistance restricted by paragraph (1) or any other similar provision of law, may be furnished if the President determines that to do so is important to the national interests of the United States. (3) REPORT.--Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests. (b) BILATERAL ASSISTANCE.-- (1) LIMITATIONS.--Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated under any such title in prior ·S 1725 PCS 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Acts making appropriations for the Department of State, foreign operations, and related programs, shall not be made available to any foreign government which the President determines-- (A) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; (B) otherwise supports international terrorism; or (C) is controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act. (2) WAIVER.--The President may waive the application of paragraph (1) to a government if the President determines that national security or humanitarian reasons justify such waiver: Provided, That the President shall publish each such waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations. ·S 1725 PCS 96 1 2 AUTHORIZATION REQUIREMENTS SEC. 7022. Funds appropriated by this Act, except 3 funds appropriated under the heading ``Trade and Devel4 opment Agency'', may be obligated and expended notwith5 standing section 10 of Public Law 91­672, section 15 of 6 the State Department Basic Authorities Act of 1956, sec7 tion 313 of the Foreign Relations Authorization Act, Fis8 cal Years 1994 and 1995 (Public Law 103­236), and sec9 tion 504(a)(1) of the National Security Act of 1947 (50 10 U.S.C. 3094(a)(1)). 11 12 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY SEC. 7023. For the purpose of titles II through VI 13 of this Act ``program, project, and activity'' shall be de14 fined at the appropriations Act account level and shall in15 clude all appropriations and authorizations Acts funding 16 directives, ceilings, and limitations with the exception that 17 for the following accounts: ``Economic Support Fund'' and 18 ``Foreign Military Financing Program'', ``program, 19 project, and activity'' shall also be considered to include 20 country, regional, and central program level funding with21 in each such account; and for the development assistance 22 accounts of the United States Agency for International 23 Development, ``program, project, and activity'' shall also 24 be considered to include central, country, regional, and 25 program level funding, either as-- ·S 1725 PCS 97 1 2 3 4 5 6 7 8 9 10 (1) justified to Congress; or (2) allocated by the Executive Branch in accordance with a report, to be provided to the Committees on Appropriations within 30 days of the enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961. AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION SEC. 7024. Unless expressly provided to the contrary, 11 provisions of this or any other Act, including provisions 12 contained in prior Acts authorizing or making appropria13 tions for the Department of State, foreign operations, and 14 related programs, shall not be construed to prohibit activi15 ties authorized by or conducted under the Peace Corps 16 Act, the Inter-American Foundation Act or the African 17 Development Foundation Act: Provided, That prior to con18 ducting activities in a country for which assistance is pro19 hibited, the agency shall consult with the Committees on 20 Appropriations and report to such Committees within 15 21 days of taking such action. 22 23 COMMERCE, TRADE AND SURPLUS COMMODITIES SEC. 7025. (a) WORLD MARKETS.--None of the 24 funds appropriated or made available pursuant to titles 25 III through VI of this Act for direct assistance and none ·S 1725 PCS 98 1 of the funds otherwise made available to the Export-Im2 port Bank and the Overseas Private Investment Corpora3 tion shall be obligated or expended to finance any loan, 4 any assistance, or any other financial commitments for es5 tablishing or expanding production of any commodity for 6 export by any country other than the United States, if 7 the commodity is likely to be in surplus on world markets 8 at the time the resulting productive capacity is expected 9 to become operative and if the assistance will cause sub10 stantial injury to United States producers of the same, 11 similar, or competing commodity: Provided, That such 12 prohibition shall not apply to the Export-Import Bank if 13 in the judgment of its Board of Directors the benefits to 14 industry and employment in the United States are likely 15 to outweigh the injury to United States producers of the 16 same, similar, or competing commodity, and the Chairman 17 of the Board so notifies the Committees on Appropria18 tions: Provided further, That this subsection shall not pro19 hibit-- 20 21 22 23 24 (1) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agri- ·S 1725 PCS 99 1 2 3 4 5 6 cultural commodity with respect to which assistance is furnished; or (2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (b) EXPORTS.--None of the funds appropriated by 7 this or any other Act to carry out chapter 1 of part I 8 of the Foreign Assistance Act of 1961 shall be available 9 for any testing or breeding feasibility study, variety im10 provement or introduction, consultancy, publication, con11 ference, or training in connection with the growth or pro12 duction in a foreign country of an agricultural commodity 13 for export which would compete with a similar commodity 14 grown or produced in the United States: Provided, That 15 this subsection shall not prohibit-- 16 17 18 19 20 21 22 23 24 25 (1) activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States; (2) research activities intended primarily to benefit United States producers; (3) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, ·S 1725 PCS 100 1 2 3 4 5 6 7 and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (c) INTERNATIONAL FINANCIAL INSTITUTIONS.-- 8 The Secretary of the Treasury shall instruct the United 9 States executive directors of the international financial in10 stitutions, as defined in section 7034(r)(3) of this Act, to 11 use the voice and vote of the United States to oppose any 12 assistance by such institutions, using funds appropriated 13 or made available by this Act, for the production or extrac14 tion of any commodity or mineral for export, if it is in 15 surplus on world markets and if the assistance will cause 16 substantial injury to United States producers of the same, 17 similar, or competing commodity. 18 19 SEPARATE ACCOUNTS SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL 20 CURRENCIES.-- 21 22 23 24 25 (1) AGREEMENTS.--If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of ·S 1725 PCS 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that country, the Administrator of the United States Agency for International Development (USAID) shall-- (A) require that local currencies be deposited in a separate account established by that government; (B) enter into an agreement with that government which sets forth-- (i) the amount of the local currencies to be generated; and (ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and (C) establish by agreement with that government the responsibilities of USAID and that government to monitor and account for deposits into and disbursements from the separate account. (2) USES OF LOCAL CURRENCIES.--As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only-- (A) to carry out chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assist- ·S 1725 PCS 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ance Act of 1961 (as the case may be), for such purposes as-- (i) project and sector assistance activities; or (ii) debt and deficit financing; or (B) for the administrative requirements of the United States Government. (3) PROGRAMMING ACCOUNTABILITY.--USAID shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2). (4) TERMINATION OF ASSISTANCE PRO- GRAMS.--Upon termination of assistance to a coun- try under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government. ·S 1725 PCS 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (5) REPORTING REQUIREMENT.--The USAID Administrator shall report on an annual basis as part of the justification documents submitted to the Committees on Appropriations on the use of local currencies for the administrative requirements of the United States Government as authorized in subsection (a)(2)(B), and such report shall include the amount of local currency (and United States dollar equivalent) used or to be used for such purpose in each applicable country. (b) SEPARATE ACCOUNTS (1) IN GENERAL.--If FOR CASH TRANSFERS.-- assistance is made avail- able to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle with any other funds. (2) APPLICABILITY LAW.--Such OF OTHER PROVISIONS OF funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference ac- ·S 1725 PCS 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 companying House Joint Resolution 648 (House Report No. 98­1159). (3) NOTIFICATION.--At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance). (4) EXEMPTION.--Nonproject sector assistance funds may be exempt from the requirements of paragraph (1) only through the regular notification procedures of the Committees on Appropriations. ELIGIBILITY FOR ASSISTANCE SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS.--Restrictions contained in this 21 or any other Act with respect to assistance for a country 22 shall not be construed to restrict assistance in support of 23 programs of nongovernmental organizations from funds 24 appropriated by this Act to carry out the provisions of 25 chapters 1, 10, 11, and 12 of part I and chapter 4 of ·S 1725 PCS 105 1 part II of the Foreign Assistance Act of 1961 and from 2 funds appropriated under the heading ``Assistance for Eu3 rope, Eurasia and Central Asia'': Provided, That before 4 using the authority of this subsection to furnish assistance 5 in support of programs of nongovernmental organizations, 6 the President shall notify the Committees on Appropria7 tions pursuant to the regular notification procedures, in8 cluding a description of the program to be assisted, the 9 assistance to be provided, and the reasons for furnishing 10 such assistance: Provided further, That nothing in this 11 subsection shall be construed to alter any existing statu12 tory prohibitions against abortion or involuntary steriliza13 tions contained in this or any other Act. 14 (b) PUBLIC LAW 480.--During fiscal year 2016, re- 15 strictions contained in this or any other Act with respect 16 to assistance for a country shall not be construed to re17 strict assistance under the Food for Peace Act (Public 18 Law 83­480): Provided, That none of the funds appro19 priated to carry out title I of such Act and made available 20 pursuant to this subsection may be obligated or expended 21 except as provided through the regular notification proce22 dures of the Committees on Appropriations. 23 24 25 (c) EXCEPTION.--This section shall not apply-- (1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision ·S 1725 PCS 106 1 2 3 4 5 6 7 8 9 of law prohibiting assistance to countries that support international terrorism; or (2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights. LOCAL COMPETITION SEC. 7028. (a) REQUIREMENTS FOR FOR EXCEPTIONS TO 10 COMPETITION LOCAL ENTITIES.--Funds appro- 11 priated by this Act that are made available to the United 12 States Agency for International Development (USAID) 13 may only be made available for limited competitions 14 through local entities if-- 15 16 17 18 19 20 21 22 23 (1) prior to the determination to limit competition to local entities, USAID has-- (A) assessed the level of local capacity to effectively implement, manage, and account for programs included in such competition; and (B) documented the written results of the assessment and decisions made; and (2) prior to making an award after limiting competition to local entities-- ·S 1725 PCS 107 1 2 3 4 5 6 7 8 (A) each successful local entity has been determined to be responsible in accordance with USAID guidelines; and (B) effective monitoring and evaluation systems are in place to ensure that award funding is used for its intended purposes; and (3) no level of acceptable fraud is assumed. (b) REPORTING REQUIREMENT.--In addition to the 9 requirements of paragraph (1), the USAID Administrator 10 shall report, on an annual basis, to the appropriate con11 gressional committees on all awards subject to limited or 12 no competition for local entities: Provided, That such re13 port should be posted on the USAID Web site: Provided 14 further, That the requirements of this subsection shall only 15 apply to awards in excess of $3,000,000 and sole source 16 awards to local entities in excess of $2,000,000. 17 (c) EXTENSION OF PROCUREMENT AUTHORITY.-- 18 Section 7077 of the Department of State, Foreign Oper19 ations, and Related Programs Appropriations Act, 2012 20 (division I of Public Law 112­74) shall continue in effect 21 during fiscal year 2016, as amended by the Department 22 of State, Foreign Operations, and Related Programs Ap23 propriations Act, 2014 (division K of Public Law 113­ 24 76). ·S 1725 PCS 108 1 2 INTERNATIONAL FINANCIAL INSTITUTIONS SEC. 7029. (a) EVALUATIONS AND REPORT.--The 3 Secretary of the Treasury shall instruct the United States 4 executive director of each international financial institu5 tion to seek to require that such institution adopts and 6 implements a publicly available policy, including the stra7 tegic use of peer reviews and external experts, to conduct 8 independent, in-depth evaluations of the effectiveness of 9 at least 25 percent of all loans, grants, programs, and sig10 nificant analytical non-lending activities in advancing the 11 institution's goals of reducing poverty and promoting equi12 table economic growth, consistent with relevant safe13 guards, to ensure that decisions to support such loans, 14 grants, programs, and activities are based on accurate 15 data and objective analysis: Provided, That not later than 16 180 days after enactment of this Act, the Secretary shall 17 submit a report to the Committees on Appropriations on 18 steps taken by the United States executive directors and 19 the international financial institutions consistent with this 20 subsection. 21 (b) SAFEGUARDS.--The Secretary of the Treasury 22 shall instruct the United States Executive Director of the 23 International Bank for Reconstruction and Development 24 and the International Development Association to vote 25 against any loan, grant, policy, or strategy if such institu- ·S 1725 PCS 109 1 tion has adopted and is implementing any social or envi2 ronmental safeguard relevant to such loan, grant, policy, 3 or strategy that provides less protection than World Bank 4 safeguards in effect on September 30, 2015. 5 (c) COMPENSATION.--None of the funds appro- 6 priated under title V of this Act may be made as payment 7 to any international financial institution while the United 8 States executive director to such institution is com9 pensated by the institution at a rate which, together with 10 whatever compensation such executive director receives 11 from the United States, is in excess of the rate provided 12 for an individual occupying a position at level IV of the 13 Executive Schedule under section 5315 of title 5, United 14 States Code, or while any alternate United States execu15 tive director to such institution is compensated by the in16 stitution at a rate in excess of the rate provided for an 17 individual occupying a position at level V of the Executive 18 Schedule under section 5316 of title 5, United States 19 Code. 20 (d) HUMAN RIGHTS.--The Secretary of the Treasury 21 shall instruct the United States executive director of each 22 international financial institution to seek to require that 23 such institution conducts rigorous human rights due dili24 gence and human rights risk management, as appropriate, 25 in connection with any loan, grant, policy, or strategy of ·S 1725 PCS 110 1 such institution: Provided, That prior to voting on any 2 such loan, grant, policy, or strategy the executive director 3 shall consult with the Assistant Secretary for Democracy, 4 Human Rights, and Labor, Department of State, if the 5 executive director has reason to believe that such loan, 6 grant, policy, or strategy could result in forced displace7 ment or other violation of human rights. 8 (e) FRAUD AND CORRUPTION.--The Secretary of the 9 Treasury shall instruct the United States executive direc10 tor of each international financial institution to promote 11 in loan, grant, and other financing agreements improve12 ments in borrowing countries' financial management and 13 judicial capacity to investigate, prosecute, and punish 14 fraud and corruption. 15 (f) BENEFICIAL OWNERSHIP INFORMATION.--The 16 Secretary of the Treasury shall instruct the United States 17 executive director of each international financial institu18 tion to seek to require that such institution collects, 19 verifies, and publishes, to the maximum extent practicable, 20 beneficial ownership information (excluding proprietary 21 information) for any corporation or limited liability com22 pany, other than a publicly listed company, that receives 23 funds appropriated by this Act that are provided as pay24 ment to such institution: Provided, That not later than 25 180 days after enactment of this Act, the Secretary shall ·S 1725 PCS 111 1 submit a report to the Committees on Appropriations on 2 steps taken by the United States executive directors and 3 the international financial institutions consistent with this 4 subsection. 5 (g) WHISTLEBLOWER PROTECTIONS.--The Secretary 6 of the Treasury shall instruct the United States executive 7 director of each international financial institution to seek 8 to require that each such institution is effectively imple9 menting and enforcing policies and procedures which re10 flect best practices for the protection of whistleblowers 11 from retaliation, including best practices for-- 12 13 14 15 16 17 18 19 20 21 22 tion; (4) access to independent adjudicative bodies, including external arbitration; and (5) results that eliminate the effects of proven retaliation. DEBT-FOR-DEVELOPMENT (1) protection against retaliation for internal and lawful public disclosure; (2) legal burdens of proof; (3) statutes of limitation for reporting retalia- SEC. 7030. In order to enhance the continued partici- 23 pation of nongovernmental organizations in debt-for-devel24 opment and debt-for-nature exchanges, a nongovern25 mental organization which is a grantee or contractor of ·S 1725 PCS 112 1 the United States Agency for International Development 2 may place in interest bearing accounts local currencies 3 which accrue to that organization as a result of economic 4 assistance provided under title III of this Act and, subject 5 to the regular notification procedures of the Committees 6 on Appropriations, any interest earned on such investment 7 shall be used for the purpose for which the assistance was 8 provided to that organization. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY SEC. 7031. (a) LIMITATION MENT-TO-GOVERNMENT ON DIRECT GOVERN- ASSISTANCE.-- (1) REQUIREMENTS.--Funds appropriated by this Act may be made available for direct government-to-government assistance only if-- (A)(i) each implementing agency or ministry to receive assistance has been assessed and is considered to have the systems required to manage such assistance and any identified vulnerabilities or weaknesses of such agency or ministry have been addressed; (ii) the recipient agency or ministry employs and utilizes staff with the necessary technical, financial, and management capabilities; ·S 1725 PCS 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and (vi) the government of the recipient country is taking steps to publicly disclose on an annual basis its national budget, to include income and expenditures; (B) the recipient government is in compliance with the principles set forth in section 7013 of this Act; (C) the recipient agency or ministry is not headed or controlled by an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act; (D) the Government of the United States and the government of the recipient country have agreed, in writing, on clear and achievable objectives for the use of such assistance, which (iii) the recipient agency or ministry has adopted competitive procurement policies and systems; (iv) effective monitoring and evaluation systems are in place to ensure that such assistance is used for its intended purposes; (v) no level of acceptable fraud is assumed; ·S 1725 PCS 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 should be made available on a cost-reimbursable basis; and (E) the recipient government is taking steps to protect the rights of civil society, including freedoms of expression, association, and assembly. (2) CONSULTATION AND NOTIFICATION.--In addition to the requirements in paragraph (1), no funds may be made available for direct governmentto-government assistance without prior consultation with, and notification of, the Committees on Appropriations: Provided, That such notification shall contain an explanation of how the proposed activity meets the requirements of paragraph (1): Provided further, That the requirements of this paragraph shall only apply to direct government-to-government assistance in excess of $10,000,000 and all funds available for cash transfer, budget support, and cash payments to individuals. (3) SUSPENSION OF ASSISTANCE.--The Admin- istrator of the United States Agency for International Development (USAID) or the Secretary of State, as appropriate, shall suspend any direct government-to-government assistance if the Administrator or the Secretary has credible information of ·S 1725 PCS 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 material misuse of such assistance, unless the Administrator or the Secretary reports to the Committees on Appropriations that it is in the national interest of the United States to continue such assistance, including a justification, or that such misuse has been appropriately addressed. (4) SUBMISSION OF INFORMATION.--The Sec- retary of State shall submit to the Committees on Appropriations, concurrent with the fiscal year 2017 congressional budget justification materials, amounts planned for assistance described in paragraph (1) by country, proposed funding amount, source of funds, and type of assistance. (5) REPORT.--Not later than 90 days after the enactment of this Act and 6 months thereafter until September 30, 2016, the USAID Administrator shall submit to the Committees on Appropriations a report that-- (A) details all assistance described in paragraph (1) provided during the previous 6-month period by country, funding amount, source of funds, and type of such assistance; and (B) the type of procurement instrument or mechanism utilized and whether the assistance was provided on a reimbursable basis. ·S 1725 PCS 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (6) DEBT SERVICE PAYMENT PROHIBITION.-- None of the funds made available by this Act may be used for any foreign country for debt service payments owed by any country to any international financial institution: Provided, That for purposes of this paragraph, the term ``international financial institution'' has the meaning given the term in section 7034(r)(3) of this Act. (b) NATIONAL BUDGET PARENCY.-- AND CONTRACT TRANS- (1) MINIMUM REQUIREMENTS OF FISCAL TRANSPARENCY.--The Secretary of State shall con- tinue to update and strengthen the ``minimum requirements of fiscal transparency'' for each government receiving assistance appropriated by this Act, as identified in the report required by section 7031(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113­76). (2) DEFINITION.--For purposes of paragraph (1), ``minimum requirements of fiscal transparency'' are requirements consistent with those in subsection (a)(1), and the public disclosure of national budget documentation (to include receipts and expenditures by ministry) and government contracts and licenses ·S 1725 PCS 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for natural resource extraction (to include bidding and concession allocation practices). (3) DETERMINATION AND REPORT.--For each government identified pursuant to paragraph (1), the Secretary of State, not later than 180 days after enactment of this Act, shall make or update any determination of ``significant progress'' or ``no significant progress'' in meeting the minimum requirements of fiscal transparency, and make such determinations publicly available in an annual ``Fiscal Transparency Report'' to be posted on the Department of State Web site: Provided, That the Secretary shall identify the significant progress made by each such government to publicly disclose national budget documentation, contracts, and licenses which are additional to such information disclosed in previous fiscal years, and include specific recommendations of short- and long-term steps such government should take to improve fiscal transparency: Provided further, That the annual report shall include a detailed description of how funds appropriated by this Act are being used to improve fiscal transparency, and identify benchmarks for measuring progress. (4) ASSISTANCE.--Funds appropriated under title III of this Act shall be made available for pro- ·S 1725 PCS 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 grams and activities to assist governments identified pursuant to paragraph (1) to improve budget transparency and to support civil society organizations in such countries that promote budget transparency: Provided, That such sums shall be in addition to funds otherwise made available for such purposes: Provided further, That a description of the uses of such funds shall be included in the annual ``Fiscal Transparency Report'' required by paragraph (3). (c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.-- (1)(A) INELIGIBILITY.--Officials of foreign governments and their immediate family members about whom the Secretary of State has credible information have been involved in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights shall be ineligible for entry into the United States. (B) The Secretary may also publicly or privately designate or identify officials of foreign governments and their immediate family members about whom the Secretary has such credible information without regard to whether the individual has applied for a visa. (2) EXCEPTION.--Individuals shall not be ineligible if entry into the United States would further ·S 1725 PCS 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement: Provided, That nothing in paragraph (1) shall be construed to derogate from United States Government obligations under applicable international agreements. (3) WAIVER.--The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently. (4) REPORT.--Not later than 6 months after enactment of this Act, the Secretary of State shall submit a report, including a classified annex if necessary, to the Committees on Appropriations and the Committees on the Judiciary describing the information related to corruption or violation of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A) as well as the individuals who the Secretary designated or identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any waivers ·S 1725 PCS 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provided under paragraph (3), and the justification for each waiver. (5) POSTING OF REPORT.--Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State Web site. (6) CLARIFICATION.--For purposes of paragraphs (1)(B), (4), and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential. (d) EXTRACTION OF NATURAL RESOURCES.-- (1) ASSISTANCE.--Funds appropriated by this Act shall be made available to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative, implementing and enforcing section 8204 of the Food, Conservation, and Energy Act of 2008 (Public Law 110­246; 122 Stat. 2052) and to prevent the sale of conflict diamonds, and provide technical assistance to promote independent ·S 1725 PCS 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 audit mechanisms and support civil society participation in natural resource management. (2) UNITED STATES POLICY.-- (A) The Secretary of the Treasury shall inform the management of the international financial institutions, and post on the Department of the Treasury Web site, that it is the policy of the United States to vote against any assistance by such institutions (including any loan, credit, grant, or guarantee) for the extraction and export of a natural resource if the government of the country has in place laws, regulations, or procedures to prevent or limit the public disclosure of company payments as required by section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111­203; 124 Stat. 2220), and unless such government has adopted laws, regulations, or procedures in the sector in which assistance is being considered for-- (i) accurately accounting for and public disclosure of payments to the host government by companies involved in the extraction and export of natural resources; ·S 1725 PCS 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (ii) the independent auditing of accounts receiving such payments and public disclosure of the findings of such audits; and (iii) public disclosure of such documents as Host Government Agreements, Concession Agreements, and bidding documents, allowing in any such dissemination or disclosure for the redaction of, or exceptions for, information that is commercially proprietary or that would create competitive disadvantage. (B) The requirements of subparagraph (A) shall not apply to assistance for the purpose of building the capacity of such government to meet the requirements of this subparagraph. (e) FOREIGN ASSISTANCE WEB SITE.--Funds appro- 18 priated by this Act under titles I and II, and funds made 19 available for any independent agency in title III, as appro20 priate, may be made available to support the provision of 21 additional information on United States Government for22 eign assistance on the Department of State foreign assist23 ance Web site: Provided, That all Federal agencies funded 24 under this Act shall provide such information on foreign 25 assistance, upon request, to the Department of State. ·S 1725 PCS 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DEMOCRACY PROGRAMS SEC. 7032. (a) FUNDING.-- (1) Of the funds appropriated by this Act in titles III, IV, and V, not less than $2,308,517,000 shall be made available for democracy programs, of which amounts shall be allocated as follows-- (A) not less than $312,963,000 for Africa; (B) not less than $157,423,000 for the East Asia and the Pacific region; (C) not less than $193,244,000 for Europe and Eurasia; (D) not less than $409,316,000 for the Near East region; (E) not less than $627,944,000 for South and Central Asia; and (F) not less than $480,526,000 for the Western Hemisphere. (2) Of the funds appropriated by this Act not less than $25,000,000 shall be made available for democracy programs in countries experiencing political, ethnic, racial, religious, or other instability or conflict, or emerging from conflict, including Sri Lanka and Nepal, which shall be administered by the United States chief of mission in such countries: Provided, That the Secretary of State shall consult ·S 1725 PCS 124 1 2 3 with the Committees on Appropriations prior to obligating funds for such purpose. (b) AUTHORITY.--Funds made available by this Act 4 for democracy programs may be made available notwith5 standing any other provision of law, and with regard to 6 the National Endowment for Democracy (NED), any reg7 ulation. 8 (c) DEFINITION OF DEMOCRACY PROGRAMS.--For 9 purposes of funds appropriated by this Act, the term ``de10 mocracy programs'' means programs that support good 11 governance, credible and competitive elections, freedom of 12 expression, association, assembly, and religion, human 13 rights, labor rights, independent media, and the rule of 14 law, and that otherwise strengthen the capacity of demo15 cratic political parties, governments, nongovernmental or16 ganizations and institutions, and citizens to support the 17 development of democratic states, and institutions that are 18 responsive and accountable to citizens. 19 (d) RESTRICTION ON PRIOR APPROVAL.--With re- 20 spect to the provision of assistance for democracy pro21 grams in this Act, the organizations implementing such 22 assistance, the specific nature of that assistance, and the 23 participants in such programs shall not be subject to the 24 prior approval by the government of any foreign country: 25 Provided, That the Secretary of State, in coordination ·S 1725 PCS 125 1 with the Administrator of the United States Agency for 2 International Development (USAID), shall report to the 3 Committees on Appropriations, not later than 120 days 4 after enactment of this Act, detailing steps taken by the 5 Department of State and USAID to comply with the re6 quirements of this subsection. 7 (e) PRIORITIZATION OF FUNDING MECHANISMS.-- 8 Democracy programs implemented by funds made avail9 able by this Act shall be designed to have grants and coop10 erative agreements as the primary delivery mechanisms 11 for such programs: Provided, That not later than 60 days 12 after enactment of this Act, the Secretary of State and 13 USAID Administrator shall each submit a report to the 14 Committees on Appropriations detailing the steps to be 15 taken by the Department of State and USAID to comply 16 with the requirements of this subsection: Provided further, 17 That for contracts to be used to implement such programs 18 with funds made available by this Act that exceed 19 $1,000,000, the Secretary of State and USAID Adminis20 trator, as appropriate, shall submit to the Committees on 21 Appropriations a justification for the use of such mecha22 nisms on a case-by-case basis and before Requests for Pro23 posals are released. 24 (f) REPORTS.-- ·S 1725 PCS 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) POLICY IMPLEMENTATION.--The Secretary of State and USAID Administrator shall develop and establish revised guidelines on the uses of grants and cooperative agreements for democracy programs, in accordance with the objectives of promoting resilient, open, and democratic societies in the Quadrennial Diplomacy and Development Review, 2015, and the foreign policy objectives in the ADVANCE Democracy Act of 2007 (title XXI of Public Law 110­53; 22 U.S.C. 8202): Provided, That the Secretary and USAID Administrator shall consult with democracy program implementers in establishing such guidelines, and shall each submit such guidelines to the appropriate congressional committees once established. (2) TRAINING.--Not later than 90 days after enactment of this Act, the Secretary of State shall update and submit to the Committees on Appropriations the report required by section 2141(c) of the ADVANCE Democracy Act of 2007 (title XXI of Public Law 110­53; 22 U.S.C. 8241): Provided, That such report shall also include the total number of democracy and human rights officers, including Democracy Liaison Officers and other positions with responsibility for democracy and human rights re- ·S 1725 PCS 127 1 2 3 4 lated issues and programs, at the Department of State and USAID for calendar years 2013, 2014, and 2015. (g) NONDEMOCRATIC AND DEMOCRATIC 5 TRANSITIONING COUNTRIES.-- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) DEMOCRACY SESSMENTS.--Prior STRATEGIC REVIEWS AND AS- to the obligation of funds made available for Department of State and USAID democracy programs in a nondemocratic or democratic transitioning country, the Under Secretary for Civilian Security, Democracy and Human Rights, Department of State, in consultation with other relevant officials at the Department of State and USAID, including the Director of the Center of Excellence on Democracy, Human Rights, and Governance, USAID, shall review and assess the annual country strategy required by section 2111(c)(1) of the ADVANCE Democracy Act of 2007 (title XXI of Public Law 110­53; 22 U.S.C. 8211), and submit a report to the Committees on Appropriations describing-- (A) the goals and objectives of such program, including a timeline for achieving results, and any modification proposed as a result of the review and assessment; ·S 1725 PCS 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) the political and social conditions in such country that may impact the promotion of democracy; (C) the assessed risks to intended beneficiaries of such program; (D) the assessed risks to implementers in the conduct of such program, to be developed in consultation with implementers and other United States Government agencies, as appropriate; and (E) the funding requirements of initiating and sustaining such program in fiscal year 2016 and subsequent fiscal years. (2) DEFINITION.--For the purposes of the subsection the term ``nondemocratic or democratic transitioning country'' shall have the same meaning as in section 2104(6) of the ADVANCE Democracy Act of 2007 (title XXI of Public Law 110­53; 22 U.S.C. 8203). (h) CONSULTATION MENTS.-- AND COMMUNICATION REQUIRE- (1) CHANGE SISTANCE.--The IN ALLOCATION OF FOREIGN AS- Deputy Secretary for Management and Resources, Department of State, shall consult with the Under Secretary for Civilian Security, De- ·S 1725 PCS 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DOM mocracy and Human Rights, Department of State, and the Director of the Center of Excellence on Democracy, Human Rights, and Governance, USAID, on the proposed funding level for democracy programs submitted to Congress pursuant to section 653(a) of the Foreign Assistance Act of 1961. (2) INFORMING THE NATIONAL ENDOWMENT FOR DEMOCRACY.--The Assistant Secretary for De- mocracy, Human Rights, and Labor, Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance, USAID, shall regularly inform the National Endowment for Democracy of democracy programs that are planned and supported by funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs. INTERNATIONAL RELIGIOUS FREEDOM SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREEOFFICE AND SPECIAL ENVOY TO PROMOTE RELI- GIOUS FREEDOM.--Of the funds appropriated by this Act 22 under the heading ``Diplomatic and Consular Programs'', 23 not less than $5,000,000 shall be made available for the 24 Office of the Ambassador-at-Large for International Reli25 gious Freedom, and not less than $1,000,000 shall be ·S 1725 PCS 130 1 made available for the Special Envoy to Promote Religious 2 Freedom in the Near East and South Central Asia, includ3 ing for support staff. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) ASSISTANCE.-- (1) INTERNATIONAL GRAMS.--Of RELIGIOUS FREEDOM PRO- the funds appropriated by this Act under the heading ``Democracy Fund'' and available for the Human Rights and Democracy Fund (HRDF), not less than $10,000,000 shall be made available for international religious freedom programs: Provided, That the Ambassador-at-Large for International Religious Freedom shall consult with the Committees on Appropriations on the uses of such funds. (2) PROTECTION GRAMS.--Of AND INVESTIGATION PRO- the funds appropriated by this Act under the heading ``Economic Support Fund'', not less than $10,000,000 shall be made available for programs to protect vulnerable and persecuted religious minorities: Provided, That a portion of such funds shall be made available for programs to investigate the persecution of such minorities by governments and non-state entities and for the public dissemination of information collected on such persecution, including on the Department of State Web site. ·S 1725 PCS 131 1 2 3 4 5 6 7 8 9 10 11 12 (3) HUMANITARIAN AND RELIEF PROGRAMS.-- Funds appropriated by this Act under the headings ``International Disaster Assistance'' and ``Migration and Refugee Assistance'' shall be made available for humanitarian and relief assistance for vulnerable and persecuted religious minorities. (4) RESPONSIBILITY OF FUNDS.--Funds made available by paragraphs (1) and (2) shall be the responsibility of the Ambassador-at-Large for International Religious Freedom, in consultation with other relevant United States Government officials. (c) INTERNATIONAL BROADCASTING.--Funds appro- 13 priated by this Act under the heading ``Broadcasting 14 Board of Governors, International Broadcasting Oper15 ations'' shall be made available for programs related to 16 international religious freedom, including reporting on the 17 plight of vulnerable and persecuted religious groups. 18 (d) GENOCIDE DETERMINATION.--Not later than 90 19 days after enactment of this Act, the Secretary of State, 20 in consultation with the heads of other relevant United 21 States Government agencies and representatives from 22 United States civil society, shall submit to the appropriate 23 congressional committees determinations on whether the 24 ongoing violence against Christians in the Middle East by 25 Islamic extremists or against the Rohingya people in ·S 1725 PCS 132 1 Burma by Buddhist extremists constitutes genocide, as de2 fined in section 1091 of title 18, United States Code: Pro3 vided, That if the Secretary of State makes a determina4 tion that such violence constitutes genocide, the Secretary 5 shall concurrently submit to the appropriate congressional 6 committees a strategy for addressing such genocide. 7 (e) DESIGNATION OF NON-STATE ENTITIES.--The 8 President shall, concurrent with the annual review re9 quired by section 402(b)(1) of the International Religious 10 Freedom Act of 1998 (22 U.S.C. 6442(b)(1)), identify any 11 non-state entities that have engaged in significant viola12 tions of religious freedom, and designate each such entity 13 as a non-state entity of particular concern for religious 14 freedom: Provided, That whenever the President des15 ignates a non-state entity as a non-state entity of par16 ticular concern for religious freedom under this para17 graph, the President shall, as soon as practicable after the 18 designation is made, submit a report to the appropriate 19 congressional committees detailing the reasons for such 20 designation. 21 (f) REPORT.--Not later than September 30, 2016, 22 the Secretary of State, in consultation with the Broad23 casting Board of Governors and the Administrator of the 24 United States Agency for International Development, shall 25 submit a report to the appropriate congressional commit- ·S 1725 PCS 133 1 tees detailing, by account, agency, and on a country-by2 country basis, funds made available by this Act and prior 3 Acts making appropriations for the Department of State, 4 foreign operations, and related programs for the previous 5 5 fiscal years for international religious freedom pro6 grams; protection and investigation programs regarding 7 vulnerable and persecuted religious minorities; humani8 tarian and relief assistance for such minorities; and inter9 national broadcasting regarding religious freedom. 10 11 12 SPECIAL PROVISIONS SEC. 7034. (a) VICTIMS DREN, AND OF WAR, DISPLACED CHIL- DISPLACED BURMESE.--Funds appropriated 13 in titles III and VI of this Act that are made available 14 for victims of war, displaced children, displaced Burmese, 15 and to combat trafficking in persons and assist victims 16 of such trafficking, may be made available notwith17 standing any other provision of law. 18 19 20 21 22 23 24 25 (b) LAW ENFORCEMENT AND SECURITY.-- (1) CHILD SOLDIERS.--Funds appropriated by this Act should not be used to support any military training or operations that include child soldiers. (2) CROWD CONTROL ITEMS.--Funds appro- priated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for foreign security ·S 1725 PCS 134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 forces that use excessive force to repress peaceful expression, association, or assembly in countries undergoing democratic transition. (3) DISARMAMENT, INTEGRATION.--Section DEMOBILIZATION, AND RE- 7034(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113­235) shall continue in effect during fiscal year 2016 as if part of this Act. (4) FORENSIC ASSISTANCE.--Of the funds ap- propriated by this Act under the heading ``International Narcotics Control and Law Enforcement'', not less than $4,000,000 shall be made available for forensic assistance relating to the exhumation of mass graves and identification of victims of war crimes and crimes against humanity, including in Sri Lanka, Central America, Peru, Colombia, and Africa, which shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State. (5) INTERNATIONAL PRISONS CONDITIONS.-- Section 7065 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113­235) shall ·S 1725 PCS 135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 continue in effect during fiscal year 2016 as if part of this Act. (6) RECONSTITUTING THORITY.--In CIVILIAN POLICE AU- providing assistance with funds ap- propriated 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. (7) SECURITY ASSISTANCE REPORT.--Not later than 120 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2015, by country and purpose of assistance, under the headings ``Nonproliferation, Anti-terrorism, Demining and Related Programs'' (for Anti-terrorism Programs), ``Peacekeeping Operations'', ``International Military Education and Training'', and ``Foreign Military Financing Program'', as well as excess defense articles provided. (8) LEAHY VETTING REPORT.--(A) Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appro- ·S 1725 PCS 136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 priate congressional committees on foreign assistance cases submitted for vetting for purposes of section 620M of the Foreign Assistance Act of 1961 during the preceding fiscal year, including: (i) the total number of cases submitted, approved, suspended, or rejected for human rights reasons; and (ii) for cases rejected for human rights reasons, a description of the steps taken to encourage and assist a foreign government in bringing such individuals responsible to justice, in accordance with section 620M(c) of the Foreign Assistance Act of 1961. (B) The report required by this paragraph shall be submitted in unclassified form, but may be accompanied by a classified annex. (9) ANNUAL PORT.--For FOREIGN MILITARY TRAINING RE- the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term ``military training provided to foreign military personnel by the Department of Defense and the Department of State'' shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for train- ·S 1725 PCS 137 1 2 3 4 ing provided by the government of a country designated by section 517(b) of such Act as a major non-NATO ally, excluding Egypt. (c) WORLD FOOD PROGRAMME.--Funds managed by 5 the Bureau for Democracy, Conflict, and Humanitarian 6 Assistance, United States Agency for International Devel7 opment (USAID), from this or any other Act, may be 8 made available as a general contribution to the World 9 Food Programme, notwithstanding any other provision of 10 law. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) DIRECTIVES AND AUTHORITIES.-- (1) RESEARCH AND TRAINING.--Funds appro- priated by this Act under the heading ``Assistance for Europe, Eurasia and Central Asia'' shall be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by the Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 4501 et seq.). (2) GENOCIDE VICTIMS MEMORIAL SITES.-- 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'' and ``Assistance for Europe, Eurasia and Central Asia'' may be ·S 1725 PCS 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 made available as contributions to establish and maintain memorial sites of genocide, subject to the regular notification procedures of the Committees on Appropriations. (3) ADDITIONAL AUTHORITIES.--Of the amounts made available by title I of this Act under the heading ``Diplomatic and Consular Programs'', up to $500,000 may be made available for grants pursuant to section 504 of Public Law 95­426 (22 U.S.C. 2656d), including to facilitate collaboration with indigenous communities, and up to $1,000,000 may be made available for grants to carry out the activities of the Cultural Antiquities Task Force. (4) EXTENSION OF LEGAL PROTECTION.--Sec- tion 7041(a)(2)(C)(ii) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113­ 235) shall continue in effect during fiscal year 2016 and thereafter as if part of this Act. (5) CONDITIONS ON AUTHORITY.--The authori- ties provided for under the headings ``Program Account'', ``Administrative Expenses'', and ``Receipts Collected'' for the Export-Import Bank of the United States under title VI of this Act shall not be construed or interpreted to extend the date specified ·S 1725 PCS 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in section 7 of the Export-Import Bank Act of 1945 (Public Law 79­173). (6) MODIFICATION OF LIFE INSURANCE SUP- PLEMENTAL APPLICABLE TO THOSE KILLED IN TERRORIST ATTACKS.-- (A) Section 415(a) of the Foreign Service Act of 1980 (22 U.S.C. 3975(a)) is amended by striking ``a payment from the United States in an amount that, when added to the amount of the employee's employer-provided group life insurance policy coverage (if any), equals $400,000'' and inserting ``a special payment of $400,000, which shall be in addition to any employer provided life insurance policy coverage''. (B) The insurance benefit under section 415 of the Foreign Service Act of 1980 (22 U.S.C. 3975), as amended by subparagraph (A), shall be applicable to eligible employees who die as a result of injuries sustained while on duty abroad because of an act of terrorism, as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), anytime on or after April 18, 1983. ·S 1725 PCS 140 1 2 3 4 5 6 7 (7) AUTHORITY.--Funds appropriated by this Act may be made available in accordance with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980, except that foreign citizens and foreign private entities may be eligible notwithstanding section 24(g)(3) of such Act. (e) PARTNER VETTING.--Funds appropriated by this 8 Act or in titles I through IV of prior Acts making appro9 priations for the Department of State, foreign operations, 10 and related programs shall be used by the Secretary of 11 State and the USAID Administrator, as appropriate, to 12 support the continued implementation of the Partner Vet13 ting System (PVS) pilot program: Provided, That the Sec14 retary of State and the USAID Administrator shall jointly 15 submit a report to the Committees on Appropriations, not 16 later than 30 days after completion of the pilot program, 17 on the estimated timeline and criteria for evaluating the 18 PVS pilot program for possible expansion: Provided fur19 ther, That such report shall include the requirements spec20 ified in the report accompanying this Act: Provided fur21 ther, That after completion of the pilot program the De22 partment of State and USAID may not proceed with im23 plementation of a PVS program until the Secretary of 24 State and USAID Administrator, following the submission 25 of the report required by the previous proviso, consult with ·S 1725 PCS 141 1 the Committees on Appropriations on the results and find2 ings of the pilot program, and review such results and 3 findings with appropriate representatives from civil soci4 ety. 5 (f) CONTINGENCIES.--During fiscal year 2016, the 6 President may use up to $150,000,000 under the author7 ity of section 451 of the Foreign Assistance Act of 1961, 8 notwithstanding any other provision of law. 9 (g) INTERNATIONAL CHILD ABDUCTIONS.--The Sec- 10 retary of State should withhold funds appropriated under 11 title III of this Act for assistance for the central govern12 ment of any country that is not taking appropriate steps 13 to comply with the Convention on the Civil Aspects of 14 International Child Abductions, done at the Hague on Oc15 tober 25, 1980: Provided, That the Secretary shall report 16 to the Committees on Appropriations within 15 days of 17 withholding funds under this subsection. 18 (h) REPORTS REPEALED.--Section 10(b) of Public 19 Law 109­446; section 4 of Public Law 107­243; section 20 616(c) of Public Law 105­277; section 620C(c) of Public 21 Law 87­195; and section 303 of title 22, United States 22 Code, are hereby repealed. 23 24 (i) TRANSFERS TION.--The FOR EXTRAORDINARY PROTEC- Secretary of State may transfer to, and merge 25 with, funds under the heading ``Protection of Foreign Mis- ·S 1725 PCS 142 1 sions and Officials'' unobligated balances of expired funds 2 appropriated under the heading ``Diplomatic and Consular 3 Programs'' for fiscal year 2016, except for funds des4 ignated for Overseas Contingency Operations/Global War 5 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 6 Balanced Budget and Emergency Deficit Control Act of 7 1985, at no later than the end of the fifth fiscal year after 8 the last fiscal year for which such funds are available for 9 the purposes for which appropriated: Provided, That not 10 more than $50,000,000 may be transferred. 11 12 13 OF (j) PROTECTIONS AND REMEDIES FOR EMPLOYEES DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANI- ZATIONS.--Section 7034(k) of the Department of State, 14 Foreign Operations, and Related Programs Appropria15 tions Act, 2015 (division J of Public Law 113­235) shall 16 continue in effect during fiscal year 2016 as if part of 17 this Act. 18 19 20 21 22 23 24 25 (k) EXTENSION OF AUTHORITIES.-- (1) PASSPORT FEES.--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, 2016'' for ``September 30, 2010''. (2) ACCOUNTABILITY REVIEW BOARDS.--The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of ·S 1725 PCS 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect for facilities in Afghanistan through September 30, 2016, except that the notification and reporting requirements contained in such section shall include the Committees on Appropriations. (3) INCENTIVES FOR CRITICAL POSTS.--The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 (Public Law 111­32) shall remain in effect through September 30, 2016. (4) FOREIGN WAIVER.--Section SERVICE OFFICER ANNUITANT 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) shall be applied by substituting ``September 30, 2016'' for ``October 1, 2010'' in paragraph (2). (5) DEPARTMENT OF STATE CIVIL SERVICE AN- NUITANT WAIVER.--Section 61(a) of the State De- partment Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting ``September 30, 2016'' for ``October 1, 2010'' in paragraph (2). (6) USAID ER.--Section CIVIL SERVICE ANNUITANT WAIV- 625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied ·S 1725 PCS 144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 by substituting ``September 30, 2016'' for ``October 1, 2010'' in subparagraph (B). (7) OVERSEAS TATION.--(A) PAY COMPARABILITY AND LIMI- Subject to the limitation described in subparagraph (B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111­32; 123 Stat. 1904) shall remain in effect through September 30, 2016. (B) The authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member's official duty station were in the District of Columbia. (8) ALIEN STATUS.--The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101­167) is amended-- (A) In section 599D (8 U.S.C. 1157 note)-- ·S 1725 PCS 145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (i) in subsection (b)(3), by striking ``and 2015'' and inserting ``2015, and 2016''; and (ii) in subsection (e), by striking ``2015'' each place it appears and inserting ``2016''; and (B) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking ``2015'' and inserting ``2016''. (9) INSPECTOR ER.--The GENERAL ANNUITANT WAIV- authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 (Public Law 111­212) shall remain in effect through September 30, 2016. (l) DEPARTMENT OF STATE WORKING CAPITAL 16 FUND.--Funds appropriated by this Act or otherwise 17 made available to the Department of State for payments 18 to the Working Capital Fund may only be used for the 19 activities and in the amounts justified in the President's 20 fiscal year 2016 budget: Provided, That Federal agency 21 components shall be charged only for their direct usage 22 of each Working Capital Fund service: Provided further, 23 That Federal agency components may only pay for Work24 ing Capital Fund services that are consistent with the 25 component's purpose and authorities: Provided further, ·S 1725 PCS 146 1 That the Working Capital Fund shall be paid in advance 2 or reimbursed at rates which will return the full cost of 3 each service. 4 (m) HUMANITARIAN ASSISTANCE.--Funds appro- 5 priated by this Act that are available for monitoring and 6 evaluation of assistance under the headings ``International 7 Disaster Assistance'' and ``Migration and Refugee Assist8 ance'' shall, as appropriate, be made available for the reg9 ular collection of feedback obtained directly from bene10 ficiaries on the quality and relevance of such assistance: 11 Provided, That the Department of State and USAID shall 12 conduct regular oversight to ensure that such feedback is 13 collected and used by implementing partners to maximize 14 the cost-effectiveness and utility of such assistance, and 15 require such partners that receive funds under such head16 ings to establish procedures for collecting and responding 17 to such feedback. 18 (n) HIV/AIDS WORKING CAPITAL FUND.--Funds 19 available in the HIV/AIDS Working Capital Fund estab20 lished pursuant to section 525(b)(1) of the Foreign Oper21 ations, Export Financing, and Related Programs Appro22 priations Act, 2005 (Public Law 108­477) may be made 23 available for pharmaceuticals and other products for child 24 survival, malaria, and tuberculosis to the same extent as 25 HIV/AIDS pharmaceuticals and other products, subject to ·S 1725 PCS 147 1 the terms and conditions in such section: Provided, That 2 the authority in section 525(b)(5) of the Foreign Oper3 ations, Export Financing, and Related Programs Appro4 priations Act, 2005 (Public Law 108­477) shall be exer5 cised by the Assistant Administrator for Global Health, 6 USAID, with respect to funds deposited for such non7 HIV/AIDS pharmaceuticals and other products, and shall 8 be subject to the regular notification procedures of the 9 Committees on Appropriations: Provided further, That the 10 Secretary of State shall include in the congressional budg11 et justification an accounting of budgetary resources, dis12 bursements, balances, and reimbursements related to such 13 fund. 14 15 16 17 18 19 20 21 22 23 24 25 (o) LOAN GUARANTEES (1) LOAN AND ENTERPRISE FUNDS.-- appropriated GUARANTEES.--Funds under the heading ``Economic Support Fund'' only in title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees for Jordan, Ukraine, and Tunisia, which are authorized to be provided: Provided, That amounts made available under this paragraph for the costs of such guarantees shall not be considered assistance for the ·S 1725 PCS 148 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 purposes of provisions of law limiting assistance to a country. (2) ENTERPRISE FUNDS.--Funds appropriated under the heading ``Economic Support Fund'' in this Act may be made available to establish and operate one or more enterprise funds for Egypt and Tunisia, notwithstanding any other provision of law, and following consultation with the Committees on Appropriations: Provided, That the first, third and fifth provisos under section 7041(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112­74) shall apply to funds appropriated by this Act under the heading ``Economic Support Fund'' for an enterprise fund or funds to the same extent and in the same manner as such provision of law applied to funds made available under such section (except that the clause excluding subsection (d)(3) of section 201 of the SEED Act shall not apply): Provided further, That the authority of any such enterprise fund or funds to provide assistance shall cease to be effective on December 31, 2026. (3) CONSULTATION AND NOTIFICATION.-- Funds made available by this subsection shall be subject to prior consultation with, and the regular ·S 1725 PCS 149 1 2 3 notification procedures of, the Committees on Appropriations. (p) ASSESSMENT OF INDIRECT COSTS.--Not later 4 than 90 days after enactment of this Act and following 5 consultation with the Committees on Appropriations, the 6 Secretary of State and the Administrator of the United 7 States Agency for International Development (USAID) 8 shall submit to such Committees an assessment of the ef9 fectiveness of current policies and procedures in ensuring 10 that payments for indirect costs, including for negotiated 11 indirect cost rate agreements (NICRA), are reasonable 12 and comply with the Federal Acquisition Regulations 13 (FAR), as applicable, and title 2, part 200 of the Code 14 of Federal Regulations (CFR); an assessment of potential 15 benefits of setting a cap on such indirect costs to ensure 16 the cost-effective use of appropriated funds; a plan to re17 vise such policies and procedures to comply with the FAR 18 and CFR and ensure that indirect costs are reasonable; 19 and a timeline for implementing such plan. 20 (q) SMALL GRANTS AND ENTITIES.--(1) Of the 21 funds appropriated by this Act under the headings ``Devel22 opment Assistance'' and ``Economic Support Fund'', not 23 less than $45,000,000 shall be made available to conduct, 24 and pursuant to the authorities of, the Small Grants Pro25 gram established by section 7080 of the Department of ·S 1725 PCS 150 1 State, Foreign Operations, and Related Programs Appro2 priations Act, 2015 (division J of Public Law 113­235), 3 which may remain available until September 30, 2020. 4 (2) Not later than 45 days after enactment of this 5 Act, the Administrator of the United States Agency for 6 International Development (USAID) shall post on the 7 USAID Web site detailed information describing the proc8 ess by which small nongovernmental organizations, edu9 cational institutions, and other small entities seeking 10 funding from USAID for unsolicited proposals through 11 grants, cooperative agreements, and other assistance 12 mechanism and agreements, can apply for such funding: 13 Provided, That the USAID Administrator should ensure 14 that each bureau, office, and overseas mission has author15 ity to approve, and sufficient funds to implement, such 16 grants or other agreements that meet appropriate criteria 17 for unsolicited proposals. 18 (3) Section 7080 of Public Law 113­235 is amended 19 as follows: 20 21 22 23 24 25 (A) in subsections (b) and (c), strike ``Grants'', and insert ``Awards''; (B) in subsection (c)(1), delete ``or'' after ``proposals;''; (C) in subsection (c)(2) delete the period after ``process'', and insert ``; or''; ·S 1725 PCS 151 1 2 3 4 5 6 7 8 9 (D) after subsection (c)(2), insert ``(3) as otherwise allowable under Federal Acquisition Regulations and USAID procurement policies.''; and (E) in subsection (e)(3), strike ``12'', and insert ``20'', and strike ``administrative and oversight expenses associated with managing'' and insert ``administrative expenses, and other necessary support associated with managing and strengthening''. (4) For the purposes of section 7080 of Public Law 10 113­235, ``eligible entities'' shall be defined as small local, 11 international, and United States-based nongovernmental 12 organizations, educational institutions, and other small en13 tities that have received less than a total of $5,000,000 14 in USAID funding over the previous five years: Provided, 15 That departments or centers of such educational institu16 tions may be considered individually in determining such 17 eligibility. 18 19 20 21 22 23 24 (r) DEFINITIONS.-- (1) Unless otherwise defined in this Act, for purposes of this Act the term ``appropriate congressional committees'' shall mean the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives. ·S 1725 PCS 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (2) Unless otherwise defined in this Act, for purposes of this Act the term ``funds appropriated in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs'' shall mean funds that remain available for obligation, and have not expired. (3) For the purposes of this Act ``international financial institutions'' shall mean the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Asian Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, the African Development Fund, and the Multilateral Investment Guarantee Agency. (4) For purposes of this Act, the term ``countering violent extremism'' shall be defined as non-coercive interventions aimed directly at reducing public support for non-state entities that engage in terrorist activities. ·S 1725 PCS 153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (5) For purposes of this Act, the term ``best practices'' for the protection of whistleblowers means practices that are implemented consistent with terms specified in international conventions or adopted by international organizations such as the Organization of Economic Cooperation and Development and the Organization of American States. (6) Any reference to Southern Kordofan in this or any other Act making appropriations for the Department of State, foreign operations, and related programs shall be deemed to include portions of Western Kordofan that were previously part of Southern Kordofan prior to the 2013 division of Southern Kordofan. ARAB LEAGUE BOYCOTT OF ISRAEL SEC. 7035. It is the sense of Congress that-- (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to United States investment and trade in the Middle East and North Africa; (2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; ·S 1725 PCS 154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 (3) all Arab League states should normalize relations with their neighbor Israel; (4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for example, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; and (5) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply. PALESTINIAN STATEHOOD SEC. 7036. (a) LIMITATION ON ASSISTANCE.--None 21 of the funds appropriated under titles III through VI of 22 this Act may be provided to support a Palestinian state 23 unless the Secretary of State determines and certifies to 24 the appropriate congressional committees that-- ·S 1725 PCS 155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) the governing entity of a new Palestinian state-- (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; and (B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and (2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include-- (A) termination of all claims or states of belligerency; (B) respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through ·S 1725 PCS 156 1 2 3 4 5 6 7 8 9 10 measures including the establishment of demilitarized zones; (C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through international waterways in the area; and (E) a framework for achieving a just settlement of the refugee problem. (b) SENSE OF CONGRESS.--It is the sense of Con- 11 gress that the governing entity should enact a constitution 12 assuring the rule of law, an independent judiciary, and 13 respect for human rights for its citizens, and should enact 14 other laws and regulations assuring transparent and ac15 countable governance. 16 (c) WAIVER.--The President may waive subsection 17 (a) if the President determines that it is important to the 18 national security interest of the United States to do so. 19 (d) EXEMPTION.--The restriction in subsection (a) 20 shall not apply to assistance intended to help reform the 21 Palestinian Authority and affiliated institutions, or the 22 governing entity, in order to help meet the requirements 23 of subsection (a), consistent with the provisions of section 24 7040 of this Act (``Limitation on Assistance for the Pales25 tinian Authority''). ·S 1725 PCS 157 1 2 3 RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY SEC. 7037. None of the funds appropriated under ti- 4 tles II through VI of this Act may be obligated or ex5 pended to create in any part of Jerusalem a new office 6 of any department or agency of the United States Govern7 ment for the purpose of conducting official United States 8 Government business with the Palestinian Authority over 9 Gaza and Jericho or any successor Palestinian governing 10 entity provided for in the Israel-PLO Declaration of Prin11 ciples: Provided, That this restriction shall not apply to 12 the acquisition of additional space for the existing Con13 sulate General in Jerusalem: Provided further, That meet14 ings between officers and employees of the United States 15 and officials of the Palestinian Authority, or any successor 16 Palestinian governing entity provided for in the Israel17 PLO Declaration of Principles, for the purpose of con18 ducting official United States Government business with 19 such authority should continue to take place in locations 20 other than Jerusalem: Provided further, That as has been 21 true in the past, officers and employees of the United 22 States Government may continue to meet in Jerusalem on 23 other subjects with Palestinians (including those who now 24 occupy positions in the Palestinian Authority), have social 25 contacts, and have incidental discussions. ·S 1725 PCS 158 1 2 3 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION SEC. 7038. None of the funds appropriated or other- 4 wise made available by this Act may be used to provide 5 equipment, technical support, consulting services, or any 6 other form of assistance to the Palestinian Broadcasting 7 Corporation. 8 9 ASSISTANCE FOR THE WEST BANK AND GAZA SEC. 7039. (a) OVERSIGHT.--For fiscal year 2016, 10 30 days prior to the initial obligation of funds for the bi11 lateral West Bank and Gaza Program, the Secretary of 12 State shall certify to the Committees on Appropriations 13 that procedures have been established to assure the Comp14 troller General of the United States will have access to 15 appropriate United States financial information in order 16 to review the uses of United States assistance for the Pro17 gram funded under the heading ``Economic Support 18 Fund'' for the West Bank and Gaza. 19 (b) VETTING.--Prior to the obligation of funds ap- 20 propriated by this Act under the heading ``Economic Sup21 port Fund'' for assistance for the West Bank and Gaza, 22 the Secretary of State shall take all appropriate steps to 23 ensure that such assistance is not provided to or through 24 any individual, private or government entity, or edu25 cational institution that the Secretary knows or has reason ·S 1725 PCS 159 1 to believe advocates, plans, sponsors, engages in, or has 2 engaged in, terrorist activity nor, with respect to private 3 entities or educational institutions, those that have as a 4 principal officer of the entity's governing board or gov5 erning board of trustees any individual that has been de6 termined to be involved in, or advocating terrorist activity 7 or determined to be a member of a designated foreign ter8 rorist organization: Provided, That the Secretary of State 9 shall, as appropriate, establish procedures specifying the 10 steps to be taken in carrying out this subsection and shall 11 terminate assistance to any individual, entity, or edu12 cational institution which the Secretary has determined to 13 be involved in or advocating terrorist activity. 14 15 16 17 18 19 20 21 22 23 24 25 (c) PROHIBITION.-- (1) RECOGNITION OF ACTS OF TERRORISM.-- None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism. (2) SECURITY ASSISTANCE AND REPORTING RE- QUIREMENT.--Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made ·S 1725 PCS 160 1 2 3 4 5 6 7 8 available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been established for security assistance for the West Bank and Gaza and reports on the extent of Palestinian compliance with such benchmarks. (d) AUDITS BY THE UNITED STATES AGENCY FOR 9 INTERNATIONAL DEVELOPMENT.-- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section. (2) Of the funds appropriated by this Act up to $500,000 may be used by the Office of Inspector General of the United States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements of this subsection: Provided, That such funds are in addition to funds otherwise available for such purposes. ·S 1725 PCS 161 1 (e) COMPTROLLER GENERAL OF THE UNITED 2 STATES AUDIT.--Subsequent to the certification specified 3 in subsection (a), the Comptroller General of the United 4 States shall conduct an audit and an investigation of the 5 treatment, handling, and uses of all funds for the bilateral 6 West Bank and Gaza Program, including all funds pro7 vided as cash transfer assistance, in fiscal year 2016 8 under the heading ``Economic Support Fund'', and such 9 audit shall address-- 10 11 12 13 14 15 16 (1) the extent to which such Program complies with the requirements of subsections (b) and (c); and (2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures. (f) NOTIFICATION PROCEDURES.--Funds made 17 available in this Act for West Bank and Gaza shall be 18 subject to the regular notification procedures of the Com19 mittees on Appropriations. 20 (g) REPORT.--Not later than 180 days after enact- 21 ment of this Act, the Secretary of State shall submit a 22 report to the Committees on Appropriations updating the 23 report contained in section 2106 of chapter 2 of title II 24 of the Emergency Supplemental Appropriations Act for ·S 1725 PCS 162 1 Defense, the Global War on Terror, and Tsunami Relief, 2 2005 (Public Law 109­13). 3 4 5 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY SEC. 7040. (a) PROHIBITION OF FUNDS.--None of 6 the funds appropriated by this Act to carry out the provi7 sions of chapter 4 of part II of the Foreign Assistance 8 Act of 1961 may be obligated or expended with respect 9 to providing funds to the Palestinian Authority. 10 (b) WAIVER.--The prohibition included in subsection 11 (a) shall not apply if the President certifies in writing to 12 the Speaker of the House of Representatives, the Presi13 dent pro tempore of the Senate, and the Committees on 14 Appropriations that waiving such prohibition is important 15 to the national security interest of the United States. 16 (c) PERIOD OF APPLICATION OF WAIVER.--Any 17 waiver pursuant to subsection (b) shall be effective for no 18 more than a period of 6 months at a time and shall not 19 apply beyond 12 months after the enactment of this Act. 20 (d) REPORT.--Whenever the waiver authority pursu- 21 ant to subsection (b) is exercised, the President shall sub22 mit a report to the Committees on Appropriations detail23 ing the justification for the waiver, the purposes for which 24 the funds will be spent, and the accounting procedures in 25 place to ensure that the funds are properly disbursed: Pro- ·S 1725 PCS 163 1 vided, That the report shall also detail the steps the Pales2 tinian Authority has taken to arrest terrorists, confiscate 3 weapons and dismantle the terrorist infrastructure. 4 (e) CERTIFICATION.--If the President exercises the 5 waiver authority under subsection (b), the Secretary of 6 State must certify and report to the Committees on Ap7 propriations prior to the obligation of funds that the Pal8 estinian Authority has established a single treasury ac9 count for all Palestinian Authority financing and all fi10 nancing mechanisms flow through this account, no parallel 11 financing mechanisms exist outside of the Palestinian Au12 thority treasury account, and there is a single comprehen13 sive civil service roster and payroll, and the Palestinian 14 Authority is acting to counter incitement of violence 15 against Israelis and is supporting activities aimed at pro16 moting peace, coexistence, and security cooperation with 17 Israel. 18 (f) PROHIBITION TO HAMAS AND THE PALESTINE 19 LIBERATION ORGANIZATION.-- 20 21 22 23 24 25 (1) None of the funds appropriated in titles III through VI of this Act may be obligated for salaries of personnel of the Palestinian Authority located in Gaza or may be obligated or expended for assistance to Hamas or any entity effectively controlled by Hamas, any power-sharing government of which ·S 1725 PCS 164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hamas is a member, or that results from an agreement with Hamas and over which Hamas exercises undue influence. (2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only if the President certifies and reports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended. (3) The President may exercise the authority in section 620K(e) of the Foreign Assistance Act of 1961, as added by the Palestinian Anti-Terrorism Act of 2006 (Public Law 109­446) with respect to this subsection. (4) Whenever the certification pursuant to paragraph (2) is exercised, the Secretary of State shall submit a report to the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 620K(b)(1) (A) and (B) of the ·S 1725 PCS 165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Foreign Assistance Act of 1961, as amended: Provided, That the report shall also detail the amount, purposes and delivery mechanisms for any assistance provided pursuant to the abovementioned certification and a full accounting of any direct support of such government. (5) None of the funds appropriated under titles III through VI of this Act may be obligated for assistance for the Palestine Liberation Organization. MIDDLE EAST AND NORTH AFRICA SEC. 7041. (a) EGYPT.-- (1) CERTIFICATION AND REPORT.--Funds ap- propriated by this Act that are available for assistance for the Government of Egypt may only be made available if the Secretary of State certifies and reports to the Committees on Appropriations that such government is-- (A) sustaining the strategic relationship with the United States; and (B) meeting its obligations under the 1979 Egypt-Israel Peace Treaty. (2) ECONOMIC SUPPORT FUND.-- AND LIMITATION.--Of (A) FUNDING the funds appropriated by this Act under the heading ``Economic Support Fund'', up to ·S 1725 PCS 166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 $150,000,000 may be made available for assistance for Egypt, of which not less than $35,000,000 should be made available for higher education programs including not less than $10,000,000 for scholarships at not-for-profit institutions for Egyptian students with high financial needs: Provided, That such funds may be made available for education and economic growth programs notwithstanding any provision of law restricting assistance for Egypt, and following prior consultation with the Committees on Appropriations: Provided further, That such funds may not be made available for cash transfer assistance or budget support unless the Secretary of State certifies and reports to the appropriate congressional committees that the Government of Egypt is taking consistent and effective steps to stabilize the economy and implement market-based economic reforms. (B) WITHHOLDING.--The Secretary of State shall withhold from obligation an amount of such funds that the Secretary determines to be equivalent to that expended by the United States Government for bail, and by nongovernmental organizations for legal and court fees, ·S 1725 PCS 167 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 associated with democracy-related trials in Egypt until the Secretary certifies and reports to the Committees on Appropriations that the Government of Egypt has dismissed the convictions issued by the Cairo Criminal Court on June 4, 2013, in ``Public Prosecution Case No. 1110 for the Year 2012.'' (3) GRAM.-- FOREIGN MILITARY FINANCING PRO- (A) DEMOCRACY TIFICATION.--Of AND HUMAN RIGHTS CER- the funds appropriated by this Act under the heading ``Foreign Military Financing Program'', up to $1,300,000,000, to remain available until September 30, 2017, may be made available for assistance for Egypt if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Egypt-- (i) is taking effective steps to advance democracy and human rights in Egypt, including to govern democratically and protect religious minorities and the rights of women, which are in addition to steps taken during the previous calendar year for such purposes; ·S 1725 PCS 168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (ii) is implementing reforms that protect freedoms of expression, association, and peaceful assembly, including the ability of civil society organizations and the media to function without interference; (iii) has released all political prisoners and is providing detainees with due process of law; and (iv) is conducting credible investigations and prosecutions of the use of excessive force by security forces: Provided, That such funds may be transferred to an interest bearing account in the Federal Reserve Bank of New York, following consultation with the Committees on Appropriations: Provided further, That the certification requirement of this paragraph shall not apply to funds appropriated by this Act under such heading for counterterrorism, border security, and nonproliferation programs for Egypt, and for development programs in the Sinai, which may be made available notwithstanding any provision of law restricting assistance for Egypt. (B) WAIVER.--The Secretary of State may waive the certification requirement in subpara- ·S 1725 PCS 169 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 graph (A) or any provision of law restricting assistance for Egypt if the Secretary of State determines and reports to the Committees on Appropriations that to do so is important to the national security interest of the United States, and submits a report to such Committees containing a detailed justification for the use of such waiver and the reasons why any of the requirements of subparagraph (A) cannot be met. (4) OVERSIGHT AND CLARIFICATION.-- (A) The Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this subsection for assistance for Egypt. (B) Notwithstanding any provision of this subsection, section 620M of the Foreign Assistance Act of 1961 shall apply to funds made available by this subsection for assistance for Egypt. (b) IRAN.-- (1) NUCLEAR WEAPONS AND HUMAN RIGHTS.-- (A) The terms and conditions of paragraphs (1) and (2) of section 7041(c) of the Department of State, Foreign Operations, and ·S 1725 PCS 170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Related Programs Appropriations Act, 2012 (division I of Public Law 112­74) shall continue in effect during fiscal year 2016 as if part of this Act. (B) Of the funds appropriated by this Act under the heading ``Economic Support Fund'', not less than $32,000,000 shall be made available for democracy programs for Iran: Provided, That such funds shall be the responsibility of the Assistant Secretary for Near Eastern Affairs, Department of State, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State. (2) REPORTS.-- (A) The reporting requirements in section 7043(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111­ 117) shall continue in effect during fiscal year 2016 as if part of this Act: Provided, That the date in subsection (c)(1) shall be deemed to be ``September 30, 2016''. (B) The Secretary of State shall submit to the appropriate congressional committees, not ·S 1725 PCS 171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 later than 30 days after enactment of this Act and at the end of each 30-day period thereafter until September 30, 2016, a report on the implementation of the Joint Plan of Action between the P5+1 and the Government of Iran concluded on November 24, 2013, and any extension of or successor to that agreement, which may be submitted in classified form if necessary. (c) IRAQ.-- (1) PURPOSES.--Funds appropriated by this Act may be made available for assistance for Iraq to promote governance, security, and internal and regional stability, including in Kurdistan and other areas impacted by the conflict in Syria, and among Iraq's religious and ethnic minority populations. (2) LIMITATION.--None of the funds appropriated by this Act may be made available for construction, rehabilitation, or other improvements to United States diplomatic facilities in Iraq on property for which no land-use agreement has been entered into by the Governments of the United States and Iraq: Provided, That the restrictions in this paragraph shall not apply if such funds are necessary to protect United States diplomatic facilities ·S 1725 PCS 172 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or the security, health, and welfare of United States personnel. (3) KURDISTAN REGIONAL GOVERNMENTS SE- CURITY SERVICES.--Funds appropriated by this Act under the headings ``International Narcotics Control and Law Enforcement'' and ``Foreign Military Financing Program'' that are available for assistance for Iraq should be made available to enhance the capacity of Kurdistan Regional Government security services and for security programs in Kurdistan to address requirements arising from the violence in Syria and Iraq: Provided, That the Secretary of State shall consult with the Committees on Appropriations prior to obligating such funds. (d) JORDAN.-- (1) MEMORANDUM STRATEGIC OF UNDERSTANDING ON PARTNERSHIP.--Of the funds appro- priated by this Act under the headings ``Economic Support Fund'' and ``Foreign Military Financing Program'', not less than $1,000,000,000 shall be made available for assistance for Jordan, consistent with the Memorandum of Understanding on Strategic Partnership between the Hashemite Kingdom of Jordan and the United States, signed on March 2, 2015. ·S 1725 PCS 173 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (2) ADDITIONAL ASSISTANCE.-- TO THE SYRIAN CRISIS.--In (A) RESPONSE addition to amounts made available in paragraph (1), funds appropriated by this Act shall be made available for programs to implement the Jordan Response Plan 2015 for the Syria Crisis, including assistance for host communities in Jordan: Provided, That not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations describing the United States and other donor contributions to such Plan. (B) BUDGET SUPPORT.--In addition to amounts made available in paragraphs (1), 2(A), and 2(C), of the funds appropriated by this Act under the heading ``Economic Support Fund'', not less than $75,000,000 shall be made available for budget support for the Government of Jordan: Provided, That of the funds appropriated by this Act for assistance for Jordan, not less than $204,000,000 shall be made available for budget support for the Government of Jordan. ·S 1725 PCS 174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (C) WATER SECTOR SUPPORT.--In addi- tion to amounts made available in paragraphs (1), (2)(A), and (2)(B), of the funds appropriated by this Act, $100,000,000 shall be made available for water sector support for Jordan: Provided, That the Secretary of State shall consult with the Committees on Appropriations prior to obligating such funds. (e) LEBANON.-- (1) LIMITATION.--None of the funds appropriated by this Act may be made available for the Lebanese Internal Security Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF is controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act. (2) CONSULTATION REQUIREMENT.--Funds ap- propriated by this Act under the headings ``International Narcotics Control and Law Enforcement'' and ``Foreign Military Financing Program'' that are available for assistance for Lebanon may be made available for programs and equipment for the ISF and the LAF to address security and stability requirements in areas affected by the conflict in Syria, ·S 1725 PCS 175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 following consultation with the appropriate congressional committees. (3) ECONOMIC SUPPORT FUND.--Funds appro- priated by this Act under the heading ``Economic Support Fund'' that are available for assistance for Lebanon may be made available notwithstanding section 1224 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107­228; 22 U.S.C. 2346 note). (4) FOREIGN MILITARY FINANCING PRO- GRAM.--In addition to the activities described in paragraph (2), funds appropriated by this Act under the heading ``Foreign Military Financing Program'' for assistance for Lebanon may be made available only to professionalize the LAF and to strengthen border security and combat terrorism, including training and equipping the LAF to secure Lebanon's borders, interdicting arms shipments, preventing the use of Lebanon as a safe haven for terrorist groups, and to implement United Nations Security Council Resolution 1701: Provided, That funds may not be obligated for assistance for the LAF until the Secretary of State submits to the Committees on Appropriations a detailed spend plan, including actions to be taken to ensure equipment provided to the LAF ·S 1725 PCS 176 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is only used for the intended purposes, except such plan may not be considered as meeting the notification requirements under section 7015 of this Act or under section 634A of the Foreign Assistance Act of 1961, and shall be submitted not later than September 1, 2016: Provided further, That any notification submitted pursuant to such sections shall include any funds specifically intended for lethal military equipment. (f) LIBYA.-- (1) FUNDING.--Of the funds appropriated by titles III and IV of this Act, not less than $20,000,000 shall be made available for assistance for Libya for programs to strengthen governing institutions, improve border security, and promote democracy and stability in Libya, and for activities to address the humanitarian needs of the people of Libya. (2) LIMITATIONS.-- (A) COOPERATION ON THE SEPTEMBER 2012 ATTACK ON UNITED STATES PERSONNEL AND FACILITIES.--None of the funds appro- priated by this Act may be made available for assistance for the central Government of Libya unless the Secretary of State reports to the ·S 1725 PCS 177 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Committees on Appropriations that such government is cooperating with United States Government efforts to investigate and bring to justice those responsible for the attack on United States personnel and facilities in Benghazi, Libya in September 2012: Provided, That the limitation in this paragraph shall not apply to funds made available for the purpose of protecting United States Government personnel or facilities. (B) INFRASTRUCTURE PROJECTS.--The limitation on the uses of funds in section 7041(f)(2) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113­ 76) shall apply to funds appropriated by this Act that are made available for assistance for Libya. (3) CERTIFICATION REQUIREMENT.--Prior to the initial obligation of funds made available by this Act for assistance for Libya, the Secretary of State shall certify and report to the Committees on Appropriations that all practicable steps have been taken to ensure that mechanisms are in place for moni- ·S 1725 PCS 178 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 toring, oversight, and control of funds made available by this subsection for assistance for Libya. (g) MOROCCO.-- (1) AVAILABILITY QUIREMENT.--Funds AND CONSULTATION RE- appropriated under title III of this Act shall be made available for assistance for the Western Sahara: Provided, That not later than 90 days after enactment of this Act and prior to the obligation of such funds the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall consult with the Committees on Appropriations on the proposed uses of such funds. (2) FOREIGN MILITARY FINANCING PRO- GRAM.--Funds appropriated by this Act under the heading ``Foreign Military Financing Program'' that are available for assistance for Morocco may only be used for the purposes requested in the Congressional Budget Justification, Foreign Operations, Fiscal Year 2016. (h) SYRIA.-- (1) NON-LETHAL ASSISTANCE.--Of the funds appropriated by this Act under the headings ``Economic Support Fund'', ``International Narcotics Control and Law Enforcement'', and ``Peacekeeping ·S 1725 PCS 179 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Operations'', not less than $175,000,000 shall be made available, notwithstanding any other provision of law, for non-lethal assistance for programs to address the needs of civilians affected by conflict in Syria, and for programs that seek to-- (A) establish governance in Syria that is representative, inclusive, and accountable; (B) expand the role of women in negotiations to end the violence and in any political transition in Syria; (C) develop and implement political processes that are democratic, transparent, and adhere to the rule of law; (D) further the legitimacy of the Syrian opposition through cross-border programs; (E) develop civil society and an independent media in Syria; (F) promote economic development in Syria; (G) document, investigate, and prosecute human rights violations in Syria, including through transitional justice programs and support for nongovernmental organizations; (H) counter extremist ideologies; ·S 1725 PCS 180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (I) assist Syrian refugees whose education has been interrupted by the ongoing conflict to complete higher education requirements at regional academic institutions; and (J) assist vulnerable populations in Syria and in neighboring countries. (2) SYRIAN DATE.--Funds ORGANIZATIONS AND STRATEGY UP- appropriated by this Act that are made available for assistance for Syria pursuant to the authority of this subsection shall be made available for a program to strengthen the capability of Syrian diaspora-led organizations and local Syrian civil society organizations to address the immediate and long-term needs of the Syrian people inside Syria in a manner that supports the sustainability of such organizations in implementing Syrian-led humanitarian and development programs and the comprehensive strategy required in section 7041(i)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113­76): Provided further, That not later than 30 days after enactment of this Act, and prior to the initial obligation of funds, the Secretary of State shall submit an update to such ·S 1725 PCS 181 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 strategy to the Committees on Appropriations, in classified form if necessary. (3) MONITORING AND OVERSIGHT.--Prior to the obligation of funds appropriated by this Act and made available for assistance for Syria, the Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of such assistance inside Syria: Provided, That the Secretary of State shall promptly inform the appropriate congressional committees of each significant instance in which assistance provided pursuant to the authority of this subsection has been compromised, to include the type and amount of assistance affected, a description of the incident and parties involved, and an explanation of the Department of State response. (4) CONSULTATION.--Funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees. (i) WEST BANK AND GAZA.-- (1) REPORT ON ASSISTANCE.--Prior to the ini- tial obligation of funds made available by this Act under the heading ``Economic Support Fund'' for assistance for the West Bank and Gaza, the Sec- ·S 1725 PCS 182 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 retary of State shall report to the Committees on Appropriations that the purpose of such assistance is to-- (A) advance Middle East peace; (B) improve security in the region; (C) continue support for transparent and accountable government institutions; (D) promote a private sector economy; or (E) address urgent humanitarian needs. (2) LIMITATIONS.-- (A)(i) None of the funds appropriated under the heading ``Economic Support Fund'' in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act-- (I) the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; or (II) the Palestinians initiate an International Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that subjects ·S 1725 PCS 183 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Israeli nationals to an investigation for alleged crimes against Palestinians. (ii) The Secretary of State may waive the restriction in clause (i) of this subparagraph resulting from the application of subclause (I) of such clause if the Secretary certifies to the Committees on Appropriations that to do so is in the national security interest of the United States, and submits a report to such Committees detailing how the waiver and the continuation of assistance would assist in furthering Middle East peace. (B)(i) The President may waive the provisions of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100­204) if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the appropriate congressional committees that the Palestinians have not, after the date of enactment of this Act-- (I) obtained in the United Nations or any specialized agency thereof the same standing as member states or full member- ·S 1725 PCS 184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ship as a state outside an agreement negotiated between Israel and the Palestinians; and (II) taken any action with respect to the ICC that is intended to influence a determination by the ICC to initiate a judicially authorized investigation, or to actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians. (ii) Not less than 90 days after the President is unable to make the certification and report pursuant to clause (i) of this subparagraph, the President may waive section 1003 of Public Law 100­204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have entered into direct and meaningful negotiations with Israel: Provided, That any waiver of the provisions of section 1003 of Public Law 100­ 204 under clause (i) of this subparagraph or under previous provisions of law must expire ·S 1725 PCS 185 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 before the waiver under the preceding sentence may be exercised. (iii) Any waiver pursuant to this subparagraph shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (3) REDUCTION.--The Secretary of State shall reduce the amount of assistance made available by this Act under the heading ``Economic Support Fund'' for the Palestinian Authority by an amount the Secretary determines is equivalent to the amount expended by the Palestinian Authority as payments for acts of terrorism by individuals who are imprisoned after being fairly tried and convicted for acts of terrorism and by individuals who died committing acts of terrorism during the previous calendar year: Provided, That the Secretary shall report to the Committees on Appropriations on the amount reduced for fiscal year 2016 prior to the obligation of funds for the Palestinian Authority. (4) SECURITY REPORT.--The reporting require- ments contained in section 1404 of the Supplemental Appropriations Act, 2008 (Public Law 110­ 252) shall apply to funds made available by this Act, ·S 1725 PCS 186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 including a description of modifications, if any, to the security strategy of the Palestinian Authority. AFRICA SEC. 7042. (a) ETHIOPIA.-- (1) FORCED EVICTIONS.-- (A) Funds appropriated by this Act for assistance for Ethiopia may not be made available for any activity that involves forced evictions. (B) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against financing for any activity that involves forced evictions. (2) CONSULTATION REQUIREMENT.--Programs and activities to improve livelihoods shall include prior consultation with, and the participation of, affected communities, including in the South Omo and Gambella regions. (3) FOREIGN MILITARY FINANCING PRO- GRAM.--Funds appropriated by this Act under the heading ``Foreign Military Financing Program'' for assistance for Ethiopia may only be made available for border security and counter terrorism programs, support for international peacekeeping efforts, and ·S 1725 PCS 187 1 2 3 assistance for the Ethiopian Defense Command and Staff College. (b) LAKE CHAD BASIN COUNTRIES.--Funds appro- 4 priated by this Act shall be made available for democracy 5 programs in Cameroon, Chad, Niger, and Nigeria, con6 sistent with the requirements of section 7073 of this Act 7 and following consultation with the Committees on Appro8 priations: Provided, That such programs should protect 9 freedoms of expression, association and religion, including 10 for journalists, civil society, and opposition political par11 ties, and should be used to assist the governments of such 12 countries to strengthen accountability and the rule of law, 13 including within the security forces. 14 15 16 17 18 19 20 21 22 23 24 25 (c) PROGRAMS IN AFRICA.-- (1) Of the funds appropriated by this Act under the headings ``Global Health Programs'' and ``Economic Support Fund'', not less than $7,000,000 shall be made available for the purposes of section 7042(g)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113­76). (2) Of the funds appropriated by this Act under the headings ``Economic Support Fund'' and ``International Narcotics Control and Law Enforcement'', not less than $8,000,000 shall be made available for ·S 1725 PCS 188 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the purposes of section 7042(g)(2) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113­76). (3) Funds made available under paragraphs (1) and (2) shall be programmed in a manner that leverages a United States Government-wide approach to addressing shared challenges and mutually beneficial opportunities, and shall be the responsibility of United States Chiefs of Mission in countries in Africa seeking enhanced partnerships with the United States in areas of trade, investment, development, health, and security. (d) SOUTH SUDAN.-- (1) Funds appropriated by this Act that are made available for assistance for South Sudan should-- (A) be prioritized for programs that respond to humanitarian needs and the delivery of basic services and to mitigate conflict and promote stability, including to address protection needs and prevent and respond to genderbased violence; (B) support programs that build resilience of communities to address food insecurity, ·S 1725 PCS 189 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 maintain educational opportunities, and enhance local governance; (C) be used to advance democracy, including support for civil society, independent media, and other means to strengthen the rule of law; (D) support the transparent and sustainable management of natural resources by assisting the Government of South Sudan in conducting regular audits of financial accounts, including revenues from oil and gas, and the timely public disclosure of such audits; and (E) support the professionalization of security forces, including human rights and accountability to civilian authorities. (2) None of the funds appropriated by this Act that are available for assistance for the central Government of South Sudan may be made available until the Secretary of State certifies and reports to the Committees on Appropriations that such government is taking effective steps to-- (A) end hostilities and pursue good faith negotiations for a political settlement of the internal conflict; (B) provide access for humanitarian organizations; ·S 1725 PCS 190 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (C) end the recruitment and use of child soldiers; (D) protect freedoms of expression, association, and assembly; (E) reduce corruption related to the extraction and sale of oil and gas; and (F) establish democratic institutions, including accountable military and police forces under civilian authority. (3) The limitation of paragraph (2) shall not apply to-- (A) humanitarian assistance; (B) assistance to support South Sudan peace negotiations or to advance or implement a peace agreement; and (C) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement (CPA) and mutual arrangements related to the CPA. (e) SUDAN.-- (1) Notwithstanding any other provision of law, none of the funds appropriated by this Act may be made available for assistance for the Government of Sudan. ·S 1725 PCS 191 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (2) None of the funds appropriated by this Act may be made available for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees held by the Government of Sudan, including the cost of selling, reducing, or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements. (3) The limitations of paragraphs (1) and (2) shall not apply to-- (A) humanitarian assistance; (B) assistance for democracy programs; (C) assistance for the Darfur region, Southern Kordofan State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and (D) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement (CPA), mutual arrangements related to post-referendum issues associated with the CPA, or any other internationally recognized viable peace agreement in Sudan. (f) VICTIMS OF VIOLENCE AND VIOLENT EXTREMIST 24 GROUPS.-- ·S 1725 PCS 192 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) Funds appropriated by this Act that are made available for assistance for Cameroon, Chad, Niger, and Nigeria shall be made available for assistance for women and girls who are targeted by the terrorist organization Boko Haram, consistent with the provisions of section 7059 of this Act, and in consultation with the governments of such countries. (2) Of the funds appropriated by this Act under the heading ``Economic Support Fund'', not less than $10,000,000 shall be made available for programs and activities in areas affected by the Lord's Resistance Army (LRA) consistent with the goals of the Lord's Resistance Army and Disarmament and Northern Uganda Recovery Act (Public Law 111­ 172), including to improve physical access, telecommunications infrastructure, and early-warning mechanisms and to support the disarmament, demobilization, and reintegration of former LRA combatants, especially child soldiers. (3) Funds made available by this Act for assistance for the Central African Republic shall be made available for reconciliation and peacebuilding programs, including activities to promote inter-faith ·S 1725 PCS 193 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dialogue at the national and local levels, and for programs to prevent crimes against humanity. (g) ZIMBABWE.-- (1) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any extension by the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State certifies and reports to the Committees on Appropriations that the rule of law has been restored, including respect for ownership and title to property, and freedoms of expression, association, and assembly. (2) None of the funds appropriated by this Act shall be made available for assistance for the central Government of Zimbabwe, except for health and education, unless the Secretary of State certifies and reports as required in paragraph (1), and funds may be made available for macroeconomic growth assistance if the Secretary reports to the Committees on Appropriations that such government is implementing transparent fiscal policies, including public disclosure of revenues from the extraction of natural resources. ·S 1725 PCS 194 1 2 EAST ASIA AND THE PACIFIC SEC. 7043. (a) ASIA REBALANCING INITIATIVE.-- 3 Except for paragraphs (1)(C), (4), (5)(B) and (C), and 4 6(B), section 7043(a) of the Department of State, Foreign 5 Operations, and Related Programs Appropriations Act, 6 2015 (division J of Public Law 113­235) shall continue 7 in effect during fiscal year 2016 as if part of this Act. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) BURMA.-- (1) FREE AND FAIR NATIONAL ELECTIONS.-- Notwithstanding any provision of this subsection, of the funds appropriated by this Act under the headings ``Economic Support Fund'' and ``International Narcotics Control and Law Enforcement'' for assistance for Burma, $15,000,000 shall be withheld from obligation until the Secretary of State certifies and reports to the appropriate congressional committees that the Government of Burma, including the armed forces, is-- (A) furthering democratic reforms in an inclusive and transparent manner that includes the participation of civil society, opposition political parties, and parliament; (B) taking effective steps to hold free and fair elections consistent with internationally recognized standards for democratic elections, in- ·S 1725 PCS 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 cluding those identified by the National League for Democracy in its January 13, 2015 statement on elections; (C) supporting the independence of the Union Election Commission, and refraining from using official resources for electioneering; (D) promoting and protecting human rights, particularly for Rohingya, Kachin, and other religious and ethnic groups; (E) releasing all political prisoners; and (F) fulfilling international commitments and reform pledges outlined in Myanmar President Office Press Release No. 2/2012. (2) BILATERAL ECONOMIC ASSISTANCE.--(A) Funds appropriated by this Act under the heading ``Economic Support Fund'' for assistance for Burma may be made available notwithstanding any other provision of law, except for this subsection, and following consultation with the appropriate congressional committees. (B) Funds appropriated under title III of this Act for assistance for Burma-- (i) may not be made available for budget support for the Government of Burma; ·S 1725 PCS 196 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (ii) shall be provided to strengthen civil society organizations in Burma, including as core support for such organizations; (iii) shall be made available for the implementation of the democracy and human rights strategy required by section 7043(b)(3)(A) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113­76); (iv) shall be made available for communitybased organizations operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds appropriated by this Act under the heading ``Migration and Refugee Assistance''; (v) shall be made available for programs to promote ethnic and religious tolerance, including in Rakhine and Kachin states; (vi) may not be made available to any successor or affiliated organization of the State Peace and Development Council (SPDC) controlled by former SPDC members that promotes the repressive policies of the SPDC, or to ·S 1725 PCS 197 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 any individual or organization credibly alleged to have committed gross violations or human rights, including against Rohingya and other minority groups; and (vii) may be made available for programs administrated by the Office of Transition Initiatives, United States Agency for International Development (USAID), or ethnic groups and civil society in Burma to help sustain ceasefire agreements and further prospects for reconciliation and peace, which may include support to representatives of ethnic armed groups for this purpose. (3) INTERNATIONAL SECURITY ASSISTANCE.-- None of the funds appropriated by this Act under the headings ``International Military Education and Training'' and ``Foreign Military Financing Program'' may be made available for assistance for Burma: Provided, That if the Secretary of State makes the certification and report required in paragraph (1), the Department of State may continue consultations with the armed forces of Burma only on human rights and disaster response in a manner consistent with the prior fiscal year, and following ·S 1725 PCS 198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 consultation with the appropriate congressional committees. (4) MULTILATERAL ASSISTANCE.--The Sec- retary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support projects in Burma only if such projects-- (A) promote accountability and transparency, including on-site monitoring throughout the life of the project; (B) are developed and carried out in accordance with best practices regarding environmental conservation; social and cultural protection and empowerment of local populations, particularly ethnic nationalities; and extraction of resources; (C) do not promote the displacement of local populations without appropriate consultation, harm mitigation and compensation, and do not provide incentives for, or facilitate, the forced migration of indigenous communities; and ·S 1725 PCS 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (D) do not partner with or otherwise involve military-owned enterprises or state-owned enterprises associated with the military. (5) ASSESSMENT.--Not later than 180 days after enactment of this Act, the Comptroller General of the United States shall initiate an assessment of democracy programs in Burma conducted by the Department of State and USAID, including the strategy for such programs, and programmatic implementation and results: Provided, That of the funds appropriated by this Act for assistance for Burma, up to $100,000 shall be made available to the Comptroller for such assessment. (6) PROGRAMS, ITIES.-- POSITION, AND RESPONSIBIL- (A) Any new program or activity in Burma initiated in fiscal year 2016 shall be subject to prior consultation with the appropriate congressional committees. (B) Section 7043(b)(7) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113­235) shall continue in effect during fiscal year 2016 as if part of this Act. ·S 1725 PCS 200 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (C) The United States Chief of Mission in Burma, in consultation with the Assistant Secretary for the Bureau of Democracy, Human Rights, and Labor, Department of State, shall be responsible for democracy programs in Burma. (c) CAMBODIA.-- (1) DEMOCRACY PROGRAMS.--Of the funds ap- propriated under title III of this Act, not less than $19,750,000 shall be made available for democracy programs in Cambodia, including to promote Internet freedom: Provided, That the decisions on the uses of such funds shall be the responsibility of the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, in consultation with the United States Chief of Mission in Cambodia. (2) KHMER ROUGE RESEARCH AND EDUCATION PROGRAMS.--None of the funds appropriated by this Act may be made available for a United States contribution to the Extraordinary Chambers in the Court of Cambodia (ECCC): Provided, That funds made available by this Act for democracy programs in Cambodia shall be made available for research and education programs associated with the Khmer ·S 1725 PCS 201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Rouge genocide in Cambodia: Provided further, That the Secretary of State shall continue to consult with the Principal Donors Group on reimbursements to the Documentation Center of Cambodia for costs incurred in support of the ECCC. (d) NORTH KOREA.-- (1) BROADCASTS.--Funds appropriated by this Act under the heading ``International Broadcasting Operations'' shall be made available to maintain broadcasts into North Korea at levels consistent with the prior fiscal year. (2) REFUGEES.--Funds appropriated by this Act under the heading ``Migration and Refugee Assistance'' shall be made available for assistance for refugees from North Korea, including protection activities in the People's Republic of China and other countries in the Asia region. (3) DATABASE AND REPORT.--Funds appro- priated by this Act under the heading ``Democracy Fund'' that are made available to the Bureau of Democracy, Human Rights, and Labor, Department of State, shall be made available to maintain a database of prisons and gulags in North Korea, in accordance with section 7032(i) of the Department of State, Foreign Operations, and Related Programs ·S 1725 PCS 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appropriations Act, 2014 (division K of Public Law 113­76): Provided, That not later than 30 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations describing the sources of information and format of such database. (4) LIMITATION ON USE OF FUNDS.--None of the funds appropriated by this Act under the heading ``Economic Support Fund'' may be made available for assistance for the Government of North Korea. (e) PEOPLE'S REPUBLIC OF CHINA.-- (1) LIMITATION ON USE OF FUNDS.--None of the funds appropriated under the heading ``Diplomatic and Consular Programs'' in this Act may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People's Republic of China (PRC) unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action. (2) PEOPLE'S LIBERATION ARMY.--The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assistance projects or activities of the People's Liberation ·S 1725 PCS 203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Army (PLA) of the PRC, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided, That none of the funds appropriated or otherwise made available pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA. (3) PROGRAMS TO PROMOTE AND STRENGTHEN TRANSPARENCY, ACCOUNTABILITY, AND CIVIC ADVOCACY.--Of the funds appropriated by this Act under the heading ``Economic Support Fund'', not less than $15,000,000 shall be made available for democracy and environment programs for the PRC: Provided, That the strategic objective of such programs shall be to promote and strengthen transparency, accountability, and civic advocacy at the grassroots and national levels in the PRC: Provided further, That none of such funds may be made available for assistance for the Government of the PRC. (4) COUNTER INFLUENCE PROGRAMS.--Funds appropriated by this Act for public diplomacy under title I and for assistance under titles III and IV shall be made available to counter the influence of ·S 1725 PCS 204 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the PRC, in accordance with the strategy required by section 7043(e)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113­ 76), following consultation with the Committees on Appropriations. (5) COST-MATCHING REQUIREMENT.--Section 7032(f) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113­235) shall continue in effect during fiscal year 2016 as if part of this Act. (6) HONG KONG REPORT.--Not later than 90 days after the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees the report required under section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731): Provided, That such report shall be made publicly available on the Department of State Web site. (f) TIBET.-- (1) FINANCING OF PROJECTS IN TIBET.--The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the ·S 1725 PCS 205 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 United States to support financing of projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring. (2) PROGRAMS FOR TIBETAN COMMUNITIES.-- Notwithstanding any other provision of law, of the funds appropriated by this Act under the heading ``Economic Support Fund''$8,000,000 shall be made available to nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development, education, and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China. (3) Of the funds appropriated by this Act under the heading, ``Economic Support Fund'' not less than $6,000,000 shall be made available for programs to promote and preserve Tibetan culture, development, and the resilience of Tibetan communities in India and Nepal, and to assist in the edu- ·S 1725 PCS 206 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 cation and development of the next generation of Tibetan leaders from such communities: Provided, That such funds are in addition to amounts made available in paragraph (2) for programs inside Tibet. (g) VIETNAM.-- (1) DIOXIN REMEDIATION.--Of the funds ap- propriated by this Act under the heading ``Economic Support Fund'', not less than $25,000,000 shall be made available for remediation of dioxin contaminated sites in Vietnam and may be made available for assistance for the Government of Vietnam, including the military, for such purposes. (2) HEALTH AND DISABILITY PROGRAMS.--Of the funds appropriated by this Act under the heading ``Development Assistance'', not less than $7,000,000 shall be made available for health and disability programs in areas sprayed with Agent Orange and otherwise contaminated with dioxin, to assist individuals with severe upper or lower body mobility impairment and/or cognitive or developmental disabilities. SOUTH AND CENTRAL ASIA SEC. 7044. (a) AFGHANISTAN.-- (1) DIPLOMATIC OPERATIONS.-- ·S 1725 PCS 207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (A) FACILITIES.--Funds appropriated by this Act under the headings ``Diplomatic and Consular Programs'', ``Embassy Security, Construction, and Maintenance'', and ``Operating Expenses'' that are available for construction and renovation of United States Government facilities in Afghanistan may not be made available if the purpose is to accommodate Federal employee positions or to expand aviation facilities or assets above those notified by the Department of State and the United States Agency for International Development (USAID) to the Committees on Appropriations, or contractors in addition to those in place on the date of enactment of this Act: Provided, That the limitations in this paragraph shall not apply if funds are necessary to implement plans for accommodating other United States Government agencies under Chief of Mission authority per section 3927 of title 22, United States Code, or to protect such facilities or the security, health, and welfare of United States Government personnel. (B) PERSONNEL AND OFFICES REPORTS.-- ·S 1725 PCS 208 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) Not later than 30 days after enactment of this Act and every 120 days thereafter until September 30, 2016, the Secretary of State shall submit a report, in classified form if necessary, to the appropriate congressional committees detailing by agency the number of personnel present in Afghanistan under Chief of Mission authority per section 3927 of title 22, United States Code, at the end of the 120 day period preceding the submission of such report: Provided, That such report shall also include the number of locally employed staff and contractors supporting United States Embassy operations in Afghanistan during the reporting period. (ii) Not later than 90 days after enactment of this Act, the Secretary of State and the USAID Administrator shall each submit to the appropriate congressional committees transition plans for the Office of the Special Representative for Afghanistan and Pakistan, Department of State, and the Office of Afghanistan and Pakistan Affairs, USAID, respectively: Pro- ·S 1725 PCS 209 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vided, That such plans shall include a timeline, estimated costs, and the personnel requirements for the merger of such offices into the relevant bureaus and offices of the Department of State and USAID. (2) ASSISTANCE AND CONDITIONS.-- AND LIMITATIONS.--Funds (A) FUNDING appropriated by this Act under the headings ``Economic Support Fund'' and ``International Narcotics Control and Law Enforcement'' may be made available for assistance for Afghanistan: Provided, That such funds may not be obligated for any program, project, or activity that-- (i) includes the participation of any Afghan individual or organization that the Secretary of State determines to be involved in corrupt practices or violation of human rights; (ii) cannot be sustained, as appropriate, by the Government of Afghanistan or other Afghan entity; (iii) is inaccessible for the purposes of conducting regular oversight in accordance ·S 1725 PCS 210 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 with applicable Federal statutes and regulations; and (iv) initiates any new, major infrastructure development. (B) CERTIFICATION AND REPORT.--Prior to the initial obligation of funds made available by this Act under the headings ``Economic Support Fund'' and ``International Narcotics Control and Law Enforcement'' for assistance for the Government of Afghanistan, the Secretary of State shall certify and report to the Committees on Appropriations that the Government of the United States, after consultation with the Government of Afghanistan, has established-- (i) goals and benchmarks for the specific uses of such funds; (ii) conditions that increase the transparency and accountability of the Government of Afghanistan for funds obligated under the New Development Partnership; (iii) monitoring and oversight frameworks in accordance with all applicable audit policies of the Department of State and USAID; and ·S 1725 PCS 211 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (iv) processes for the public reporting of the Government of Afghanistan's national budget, including revenues and expenditures. (C) WAIVER.--The Secretary of State, after consultation with the Secretary of Defense, may waive the certification requirement of subparagraph (B) if the Secretary determines that to do so is important to the national security interest of the United States and the Secretary submits a report to the Committees on Appropriations, in classified form if necessary, on the justification for the waiver and the reasons why any part of the certification requirement of subparagraph (B) has not been met. (D) PROGRAMS.--Funds appropriated by this Act that are made available for assistance for Afghanistan shall be made available in the following manner-- (i) not less than $50,000,000 shall be made available for rule of law programs, the decisions for which shall be the responsibility of the Chief of Mission, in consulta- ·S 1725 PCS 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tion with other appropriate United States Government officials in Afghanistan; (ii) funds may be made available for an endowment to empower women and girls, and shall be made available for programs that protect the rights of women and promote the political and economic empowerment of women, including their meaningful inclusion in political processes: Provided, That such assistance to promote economic empowerment of women shall made available as grants to Afghan and international organizations, to the maximum extent practicable; (iii) funds shall be made available for programs in Central and South Asia to expand linkages between Afghanistan and countries in the region, subject to the regular notification procedures of the Committees on Appropriations; and (iv) funds may be made available to assist the Government of Afghanistan to increase revenue collection and expenditure. (3) REPORTING REQUIREMENTS.-- ·S 1725 PCS 213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) GOALS AND BENCHMARKS.--Not later than 90 days after enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report describing the goals and benchmarks required in clause (2)(B)(i): Provided, That not later than 6 months after the submission of such report and every 6 months thereafter until September 30, 2017, the Secretary of State shall submit a report to such committees on the status of achieving such goals and benchmarks: Provided further, That the Secretary of State should suspend assistance for the Government of Afghanistan if any report required by this paragraph indicates that Afghanistan is failing to make measurable progress in meeting such goals and benchmarks. (B) CORRUPTION TIONS.--Not AND CRIMINAL PROSECU- later than 180 days after enact- ment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report detailing steps taken by the Government of Afghanistan to combat corruption and prosecute individuals alleged to be involved in illegal activities in Afghanistan. ·S 1725 PCS 214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (4) AUTHORITIES.-- (A) Funds appropriated by this Act under title III through VI that are made available for assistance for Afghanistan may be made available-- (i) notwithstanding section 7012 of this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961; and (ii) for reconciliation programs and disarmament, demobilization, and re- integration activities for former combatants who have renounced violence against the Government of Afghanistan, including as a United States contribution to the Afghanistan Reconstruction Trust Fund and an internationally managed fund for such purposes, subject to the regular notification procedures of the Committees on Appropriations. (B) Section 7046(a)(2)(A) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012, (division I of Public Law 112­74) shall apply to funds ap- ·S 1725 PCS 215 1 2 3 4 5 6 7 propriated by this Act for assistance for Afghanistan. (C) Section 1102(c) of the Supplemental Appropriations Act, 2009 (title XI of Public Law 111­32) shall continue in effect during fiscal year 2016 as if part of this Act. (b) BANGLADESH.--Funds appropriated by this Act 8 under the heading ``Development Assistance'' that are 9 made available for assistance for Bangladesh shall be 10 made available for programs to improve labor conditions 11 by strengthening the capacity of independent workers' or12 ganizations in Bangladesh's readymade garment, shrimp, 13 and fish export sectors. 14 15 16 17 18 19 20 21 22 23 24 (c) NEPAL.-- (1) BILATERAL ECONOMIC ASSISTANCE.--Of the funds appropriated by this Act under titles III and IX, not less than $150,000,000 shall be made available for assistance for Nepal for earthquake relief, recovery, and reconstruction programs: Provided, That such amounts shall be in addition to funds made available by this Act for development and democracy programs in Nepal: Provided further, That funds made available for earthquake relief, recovery, and reconstruction programs should-- ·S 1725 PCS 216 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (A) target affected communities on an equitable basis; (B) promote political reforms, as appropriate, including to strengthen institutions and constitutional processes; and (C) include sufficient oversight mechanisms, to include the participation of civil society organizations. (2) GRAM.-- FOREIGN MILITARY FINANCING PRO- (A) Funds appropriated by this Act under the heading ``Foreign Military Financing Program'' shall only be made available for humanitarian and disaster relief and reconstruction activities in Nepal, and in support of international peacekeeping operations: Provided, That any additional uses of such funds may only be made available if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Nepal is investigating and prosecuting violations of human rights and the law of war, and the Nepal army is cooperating fully with civilian judicial authorities on such efforts. ·S 1725 PCS 217 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) Of the funds appropriated under titles IV and VIII of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading ``Foreign Military Financing Program'' for assistance for Pakistan, up to $36,000,000 may be made available for the purchase and operation of aircraft for the Government of Nepal for the purposes of disaster response and preparedness: Provided, That such funds shall be subject to prior consultation with the Committees on Appropriations. (d) PAKISTAN.-- (1) CERTIFICATION REQUIREMENT.--None of the funds appropriated or otherwise made available by this Act under the headings ``Economic Support Fund'', ``International Narcotics Control and Law Enforcement'', and ``Foreign Military Financing Program'' for assistance for the Government of Pakistan may be made available unless the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Pakistan is-- (A) cooperating with the United States in counterterrorism efforts against the Haqqani ·S 1725 PCS 218 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Network, the Quetta Shura Taliban, Lashkar eTayyiba, Jaish-e-Mohammed, Al-Qaeda, and other domestic and foreign terrorist organizations, including taking effective steps to end support for such groups and prevent them from basing and operating in Pakistan and carrying out cross border attacks into neighboring countries; (B) not supporting terrorist activities against United States or coalition forces in Afghanistan, and Pakistan's military and intelligence agencies are not intervening extra-judicially into political and judicial processes in Pakistan; (C) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the manufacture of IEDs; (D) preventing the proliferation of nuclearrelated material and expertise; (E) issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and (F) providing humanitarian organizations access to detainees, internally displaced per- ·S 1725 PCS 219 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sons, and other Pakistani civilians affected by the conflict. (2) WAIVER.--The Secretary of State, after consultation with the Secretary of Defense, may waive the certification requirement of paragraph (1) if the Secretary of State determines that to do so is important to the national security interest of the United States and the Secretary submits a report to the Committees on Appropriations, in classified form if necessary, on the justification for the waiver and the reasons why any part of the certification requirement of paragraph (1) has not been met. (3) ASSISTANCE.-- (A) Funds appropriated by this Act under the heading ``Foreign Military Financing Program'' for assistance for Pakistan may be made available only to support counterterrorism and counterinsurgency capabilities in Pakistan. (B) Funds appropriated by this Act under the headings ``Economic Support Fund'' and ``Nonproliferation, Anti-terrorism, Demining and Related Programs'' that are available for assistance for Pakistan shall be made available to interdict precursor materials from Pakistan to Afghanistan that are used to manufacture ·S 1725 PCS 220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IEDs, including calcium ammonium nitrate; to support programs to train border and customs officials in Pakistan and Afghanistan; and for agricultural extension programs that encourage alternative fertilizer use among Pakistani farmers. (C) Funds appropriated by this Act under the heading ``Economic Support Fund'' that are made available for assistance for infrastructure projects in Pakistan shall be implemented in a manner consistent with section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)). (D) Funds appropriated by this Act under titles III and IV for assistance for Pakistan may be made available notwithstanding any other provision of law, except for this subsection and section 620M of the Foreign Assistance Act of 1961. (E) Of the funds appropriated under titles III and IV of this Act that are made available for assistance for Pakistan, $33,000,000 shall be withheld from obligation until the Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from prison and cleared of all charges re- ·S 1725 PCS 221 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lating to the assistance provided to the United States in locating Osama bin Laden. (4) SCHOLARSHIPS FOR WOMEN.--Funds ap- propriated by this Act under the heading ``Economic Support Fund'' that are made available for assistance for Pakistan shall be made available to increase the number of scholarships for women under the Merit and Needs-Based Scholarship Program during fiscal year 2016: Provided, That not less than 50 percent of the scholarships available under such Program should be awarded to Pakistani women. (5) REPORTS.-- (A)(i) The spend plan required by section 7076 of this Act for assistance for Pakistan shall include achievable and sustainable goals, benchmarks for measuring progress, and expected results regarding combating poverty and furthering development in Pakistan, countering extremism, and establishing conditions conducive to the rule of law and transparent and accountable governance: Provided, That such benchmarks may incorporate those required in title III of the Enhanced Partnership with Pakistan Act of 2009 (22 U.S.C. 8441 et seq.), as appropriate: Provided further, That not later ·S 1725 PCS 222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 than 6 months after submission of such spend plan, and each 6 months thereafter until September 30, 2017, the Secretary of State shall submit a report to the Committees on Appropriations on the status of achieving the goals and benchmarks in such plan. (ii) The Secretary of State should suspend assistance for the Government of Pakistan if any report required by clause (i) indicates that Pakistan is failing to make measurable progress in meeting such goals or benchmarks. (B) Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the costs and objectives associated with significant infrastructure projects supported by the United States in Pakistan, and an assessment of the extent to which such projects achieve such objectives. (6) OVERSIGHT.--The Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this subsection for assistance for Pakistan. (e) SRI LANKA.-- ·S 1725 PCS 223 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) BILATERAL ECONOMIC ASSISTANCE.--Of the funds appropriated by this Act under the headings ``Development Assistance'' and ``Economic Support Fund'', not less than $40,417,000 shall be made available for assistance for Sri Lanka for democracy and economic development programs, particularly in areas recovering from ethnic and religious conflict: Provided, That such funds shall be made available for programs to assist in the identification and resolution of cases of missing persons. (2) CERTIFICATION.--Funds appropriated by this Act for assistance for the central Government of Sri Lanka may be made available only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Sri Lanka is-- (A) addressing the underlying causes of conflict in Sri Lanka; and (B) increasing accountability and transparency in governance. (3) INTERNATIONAL SECURITY ASSISTANCE.-- None of the funds appropriated by this Act under the heading ``Foreign Military Financing Program'' may be made available for assistance for Sri Lanka: Provided, That funds appropriated by this Act under ·S 1725 PCS 224 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the heading ``International Military Education and Training'' may only be made available for training related to international peacekeeping operations and expanded IMET: Provided further, That funds appropriated by this Act under the heading ``Peacekeeping Operations'' may only be made available for training related to international peacekeeping operations. (f) REGIONAL PROGRAMS.-- (1) Funds appropriated by this Act under the heading ``Economic Support Fund'' for assistance for Afghanistan and Pakistan may be provided, notwithstanding any other provision of law that restricts assistance to foreign countries, for cross border stabilization and development programs between Afghanistan and Pakistan, or between either country and the Central Asian countries. (2) Funds appropriated by this Act under the headings ``International Narcotics Control and Law Enforcement'' and ``Assistance for Europe, Eurasia and Central Asia'' that are available for assistance for countries in South and Central Asia shall be made available to enhance the recruitment, retention, and professionalism of women in the judiciary, police, and other security forces, of which ·S 1725 PCS 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 $5,000,000 shall be made available for such purposes in Pakistan. WESTERN HEMISPHERE SEC. 7045. (a) SUPPORT LIANCE FOR OF FOR THE PLAN OF THE AL- PROSPERITY IN THE NORTHERN TRIANGLE CENTRAL AMERICA.-- (1) ASSISTANCE.--Subject to the requirements of this subsection, funds appropriated by this Act shall be made available to support implementation of the Plan of the Alliance for Prosperity in the Northern Triangle of Central America (the Plan), established by the governments of El Salvador, Guatemala, and Honduras in cooperation with the InterAmerican Bank, through the United States Strategy (the Strategy) for Engagement in Central America, only as follows-- (A) up to $13,000,000 may be made available under the heading ``Global Health Programs'' for assistance for Guatemala; (B) up to $347,190,000 may be made available under the heading ``Development Assistance'', including for assistance for Nicaragua; ·S 1725 PCS 226 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (C) up to $138,500,000 may be made available under the heading ``Economic Support Fund; (D) up to $155,000,000 may be made available under the heading ``International Narcotics Control and Law Enforcement'', including for the Central America Regional Security Initiative; (E) up to $500,000 may be made available under the heading ``Nonproliferation, Anti-terrorism, Demining and Related Programs'' for assistance for Panama; (F) up to $3,907,000 may be made available under the heading ``International Military Education and Training'', including for assistance for Belize, Costa Rica, and Panama; (G) up to $15,225,000 may be made available under the heading ``Foreign Military Financing Program'', including for assistance for Belize, Costa Rica, and Panama; and (H) up to $2,000,000 may be made available under the heading ``Overseas Private Investment Corporation'' for regional programs. (2) PRE-OBLIGATION CONDITIONS.-- ·S 1725 PCS 227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) Prior to the obligation of funds made available pursuant to subparagraph (1), the Secretary of State shall submit to the Committees on Appropriations a multi-year spend plan specifying the proposed uses of such funds in each country and the objectives, indicators, and a timeline to measure progress in implementing the Strategy, which shall include programs to empower local communities and civil society organizations (including indigenous and other marginalized groups) to address the causes of poverty and violence, and the amount made available from prior Acts making appropriations for the Department of State, foreign operations, and related programs for projects and activities related to the Strategy: Provided, That such spend plan shall also include a description of how such assistance will complement and leverage funds allocated by each government, the Inter-American Development Bank, and other donors to implement the Plan. (B) Prior to the obligation of 75 percent of such funds for assistance for the central governments of El Salvador, Guatemala, and Honduras, the Secretary shall certify and report to ·S 1725 PCS 228 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the appropriate congressional committees that such government is taking effective steps to-- (i) support transparency and combat corruption in coordination with relevant international entities, including reforming bank secrecy laws and strengthening antimoney laundering laws, and with respect to the Government of Guatemala, such steps shall include the approval by the Congress of reforms to the Electoral and Political Parties Law proposed by the Supreme Electoral Tribunal, and the investigation and prosecution by the Public Ministry, the Supreme Court, and the Constitutional Court of government employees and high ranking political appointees credibly alleged to be involved in corruption; (ii) establish and implement specific institutional and legal reforms, policies, and programs addressing the causes of poverty, violence, and corruption in such country; (iii) create a professional, accountable civilian police force and end the role of the military in internal policing; ·S 1725 PCS 229 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (iv) protect the rights of political opposition parties, journalists, trade unionists, and human rights defenders to operate without interference; (v) prosecute and punish in civilian courts members of security forces who violate human rights; (vi) protect and promote democracy, including implementing reforms to protect the independence and improve the professionalism of the judiciary, and cooperating with the Inter-American Commission on Human Rights, the Inter-American Court on Human Rights, and international commissions against impunity, as appropriate; (vii) reform tax laws and enforce tax collection, strengthen customs agencies, and match, on at least a dollar-for-dollar basis, the amounts to be expended for the projects and activities funded by this Act in support of the Strategy; (viii) resolve commercial disputes in a timely manner, including the confiscation of real property, between United States en- ·S 1725 PCS 230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tities and the governments of such countries; (ix) establish an autonomous public accountable entity to oversee, manage, and implement the Plan, similar to management entities established to support Millennium Challenge Corporation Compacts; and (x) provide access to all available sources of energy, especially for individuals who lack affordable and reliable electricity. (C) Concurrent with the submission of the certification required in paragraph (B), the Secretary of State shall certify and report to the appropriate congressional committees that representatives of local communities and civil society organizations (including indigenous and other marginalized groups) in the respective country are consulted in the design, and participate in the implementation and evaluation of, projects and activities in support of the Strategy that affect them. (3) PERIODIC SISTANCE.--Not REVIEW AND SUSPENSION OF AS- later than 120 days after enact- ment of this Act, and every 120 days thereafter until ·S 1725 PCS 231 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 September 30, 2017, the Secretary of State shall review the progress of such governments in meeting the objectives and indicators required in paragraph (2)(B) and shall submit to the appropriate congressional committees a report assessing such progress: Provided, That if the Secretary of State is unable to determine that sufficient progress has been made in meeting the requirements of an objective or indicator, the Secretary shall suspend assistance for programs supporting such objective or indicator, and shall notify such committees in writing of such action: Provided further, That the Secretary may resume funding for such programs only after the Secretary certifies to such committees that corrective measures have been identified and implemented. (4) COMMERCIAL DISPUTES REPORT.--Not later than 90 days after enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report detailing the economic investment conditions in El Salvador, Guatemala, and Honduras, and an assessment of outstanding commercial disputes, including the confiscation of real property, between United States entities and the governments of such countries. ·S 1725 PCS 232 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (5) CHANGE OF GOVERNMENT.--The Secretary of State shall, following a change of government in El Salvador, Guatemala, or Honduras, certify and report to the appropriate congressional committees that any new government has committed to taking the effective steps enumerated in the pre-obligation requirements in paragraph (2): Provided, That if the Secretary is unable to make such a certification in a timely manner, assistance made available under this subsection shall be suspended until such time as the certification can be made. (6) PROGRAMS AND TRANSFER OF FUNDS.-- (A) Of the funds appropriated by this Act under the heading ``International Narcotics Control and Law Enforcement'' for the Central America Regional Security Initiative, not less than $2,000,000 shall be made available, after consultation with the Committees on Appropriations, for a United States contribution to an international commission against impunity in Honduras, if such a commission is established. (B) The Department of State and the United States Agency for International Development (USAID) may, following consultation with the appropriate congressional committees, ·S 1725 PCS 233 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 transfer funds made available by this Act under the heading ``Development Assistance'' to the Inter-American Development Bank and the Inter-American Foundation for technical and other assistance in support of programs carried out in El Salvador, Guatemala, and Honduras under the Plan. (b) COLOMBIA.-- (1) Funds appropriated by this Act and made available to the Department of State for assistance for the Government of Colombia may be used to support a unified campaign against narcotics trafficking, organizations designated as Foreign Terrorist Organizations, and other criminal or illegal armed groups, and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations: Provided, That the first through fifth provisos of paragraph (1), and paragraph (3) of section 7045(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112­74) shall continue in effect during fiscal year 2016 and shall apply to funds appropriated by this Act and made available for assistance for Colombia as if included in this Act: Provided fur- ·S 1725 PCS 234 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ther, That of the funds appropriated by this Act under the heading ``Economic Support Fund'', not less than $133,000,000 shall be apportioned directly to USAID. (2)(A) Of the funds appropriated by this Act under the heading ``Foreign Military Financing Program'' for assistance for Colombia, 19 percent shall be withheld from obligation unless the Secretary of State certifies and reports to the Committees on Appropriations that-- (i) cases involving members of the Colombian military who have been credibly alleged to have violated human rights, including through command responsibility, are subject only to civilian jurisdiction, and that the Colombian military is cooperating with civilian authorities in such cases, and no such military officers hold senior positions in the chain of command; (ii) the Government of Colombia is upholding its international obligations by prosecuting persons responsible for crimes against humanity, war crimes, and other gross violations of human rights, and is not offering amnesty to such persons; and ·S 1725 PCS 235 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (iii) the Government of Colombia is dismantling illegal armed groups; taking effective steps to protect the rights of human rights defenders, journalists, trade unionists, and other social activists; and respecting the rights and territory of indigenous and Afro-Colombian communities. (B) The limitations of this paragraph shall not apply to funds made available under such heading for aviation instruction and maintenance, and maritime security programs. (3) The Secretary of State shall consult with the appropriation congressional committees on the uses of assistance for Colombia made available by this Act under such heading for programs that support and further peace talks. (c) CUBA.-- (1) DEMOCRACY THORITY.--Of PROGRAMS AND TRANSFER AU- the funds appropriated by this Act under the heading ``Economic Support Fund'', $15,000,000 shall be made available for democracy programs for Cuba: Provided, That a portion of such funds may be transferred to, and merged with, funds made available by this Act under the heading ``National Endowment for Democracy'', following con- ·S 1725 PCS 236 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sultation with the appropriate congressional committees. (2) PRIVATE LIMITATION.--Of ENTREPRENEUR PROGRAMS AND the funds appropriated by this Act under the heading ``Economic Support Fund'', $5,000,000 shall be made available for programs to support private Cuban entrepreneurs, notwith- standing any other provision of law, except that no such assistance may be provided for the Government of Cuba: Provided, That such funds shall be made available following consultation with the appropriate congressional committees. (d) HAITI.-- (1) FUNDING.--Of the funds appropriated by this Act, not more than $181,413,000 may be made available for assistance for Haiti, as follows-- (A) up to $129,213,000 under the heading ``Global Health Programs''; (B) up to $45,000,000 under the heading ``Economic Support Fund''; (C) up to $6,000,000 under the heading ``International Narcotics Control and Law Enforcement''; and (D) up to $1,200,000 under the heading ``Foreign Military Financing Program''. ·S 1725 PCS 237 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) GOVERNANCE CERTIFICATION.--Funds made available in paragraph (1) may not be made available for the central Government of Haiti unless the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Haiti is-- (A) holding free and fair parliamentary elections and taking effective steps to seat a new Haitian Parliament; (B) strengthening the rule of law in Haiti, including by selecting judges in a transparent manner; respecting the independence of the judiciary; and improving governance through implementation of reforms to increase transparency and accountability; (C) combating corruption, including by implementing the anti-corruption law enacted in 2014 and prosecuting corrupt officials; and (D) increasing government revenues, including by implementing tax reforms and through credible tax collection efforts, and increasing expenditures on health care. (3) SECURITY CERTIFICATION.--Prior to the initial obligation of funds made available in paragraph (1) under the headings ``International Nar- ·S 1725 PCS 238 1 2 3 4 5 6 7 8 9 10 11 12 13 cotics Control and Law Enforcement'' and ``Foreign Military Financing Program'', the Secretary of State shall certify and report to the Committees on Appropriations that the Haitian National Police and other intended recipients of such funds that are part of the Government of Haiti are not controlled by, or otherwise under the influence of, any private organization or individual. (4) HAITIAN COAST GUARD.--The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard. (e) AIRCRAFT OPERATIONS AND MAINTENANCE.--To 14 the maximum extent practicable, the costs of operations 15 and maintenance, including fuel, of aircraft funded by this 16 Act should be borne by the recipient country. 17 18 19 PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS SEC. 7046. None of the funds appropriated or made 20 available pursuant to titles III through VI of this Act for 21 carrying out the Foreign Assistance Act of 1961, may be 22 used to pay in whole or in part any assessments, arrear23 ages, or dues of any member of the United Nations or, 24 from funds appropriated by this Act to carry out chapter 25 1 of part I of the Foreign Assistance Act of 1961, the ·S 1725 PCS 239 1 costs for participation of another country's delegation at 2 international conferences held under the auspices of multi3 lateral or international organizations. 4 5 WAR CRIMES TRIBUNALS SEC. 7047. (a) If the President determines that doing 6 so will contribute to a just resolution of charges regarding 7 genocide or other violations of international humanitarian 8 law, the President may direct a drawdown pursuant to sec9 tion 552(c) of the Foreign Assistance Act of 1961 of up 10 to $30,000,000 of commodities and services for the United 11 Nations War Crimes Tribunal established with regard to 12 the former Yugoslavia by the United Nations Security 13 Council or such other tribunals or commissions as the 14 Council may establish or authorize to deal with such viola15 tions, without regard to the ceiling limitation contained 16 in paragraph (2) thereof: Provided, That the determina17 tion required under this section shall be in lieu of any de18 terminations otherwise required under section 552(c): Pro19 vided further, That funds made available pursuant to this 20 section shall be made available subject to the regular noti21 fication procedures of the Committees on Appropriations. 22 (b) Notwithstanding any other provision of law, funds 23 appropriated by this Act may be made available for train24 ing, technical assistance, support for victims, law enforce25 ment activity and cooperation, witness protection, and pro- ·S 1725 PCS 240 1 fessional services in support of international judicial inves2 tigations, apprehensions, prosecutions, and adjudications 3 of genocide, crimes against humanity, and war crimes con4 sistent with section 2015 of the American 5 Servicemembers' Protection Act, 2002, as amended: Pro6 vided, That this subsection shall not apply to nationals 7 of the North Atlantic Treaty Organization (NATO) and 8 major non-NATO allies initially designated pursuant to 9 section 517(b) of the Foreign Assistance Act of 1961. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED NATIONS SEC. 7048. (a) TRANSPARENCY ABILITY.-- AND ACCOUNT- (1) Of the funds appropriated under title I and under the heading ``International Organizations and Programs'' in title V of this Act that are available for contributions to the United Nations (including the Department of Peacekeeping Operations), any United Nations agency, or the Organization of American States, 15 percent may not be obligated for such organization, department, or agency until the Secretary of State reports to the Committees on Appropriations that the organization, department, or agency is-- (A) posting on a publicly available Web site, consistent with privacy regulations and due ·S 1725 PCS 241 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 process, regular financial and programmatic audits of such organization, department, or agency, and providing the United States Government with necessary access to such financial and performance audits; and (B) effectively implementing and enforcing policies and procedures which reflect best practices for the protection of whistleblowers from retaliation, including best practices for-- (i) protection against retaliation for internal and lawful public disclosures; (ii) legal burdens of proof; (iii) statutes of limitation for reporting retaliation; (iv) access to independent adjudicative bodies, including external arbitration; and (v) results that eliminate the effects of proven retaliation. (2) The restrictions imposed by or pursuant to paragraph (1) may be waived on a case-by-case basis if the Secretary of State determines and reports to the Committees on Appropriations that such waiver is necessary to avert or respond to a humanitarian crisis. ·S 1725 PCS 242 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) RESTRICTIONS TIONS AND ON UNITED NATIONS DELEGA- ORGANIZATIONS.-- (1) None of the funds made available under title I of this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such agency, body, or commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. App. 2405(j)(1)), supports international terrorism. (2) None of the funds made available under title I of this Act may be used by the Secretary of State as a contribution to any organization, agency, commission, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, section 6(j)(1) of the Export Administration Act of 1979, or any other provision ·S 1725 PCS 243 1 2 3 4 5 6 7 of law, is a government that has repeatedly provided support for acts of international terrorism. (3) The Secretary of State may waive the restriction in this subsection if the Secretary reports to the Committees on Appropriations that to do so is in the national interest of the United States. (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.-- 8 Funds appropriated by this Act may be made available 9 to support the United Nations Human Rights Council only 10 if the Secretary of State determines and reports to the 11 Committees on Appropriations that participation in the 12 Council is in the national interest of the United States 13 and that the Council is taking credible steps to remove 14 Israel as a permanent agenda item: Provided, That such 15 report shall include a description of the national interest 16 served and a description of steps taken to remove Israel 17 as a permanent agenda item: Provided further, That the 18 Secretary of State shall report to the Committees on Ap19 propriations not later than September 30, 2016, on the 20 resolutions considered in the United Nations Human 21 Rights Council during the previous 12 months, and on 22 steps taken to remove Israel as a permanent agenda item. 23 24 (d) UNITED NATIONS RELIEF CY.--The AND WORKS AGEN- Secretary of State shall submit a report in writ- 25 ing to the Committees on Appropriations not less than 45 ·S 1725 PCS 244 1 days after enactment of this Act on whether the United 2 Nations Relief and Works Agency (UNRWA) is-- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) utilizing Operations Support Officers in the West Bank, Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use; (2) acting promptly to address 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) implementing procedures to maintain the neutrality of its facilities, including implementing a no-weapons policy, and conducting regular inspections of its installations, to ensure they are only used for humanitarian or other appropriate purposes; (4) 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; (5) taking steps to ensure the content of all educational materials currently taught in UNRWA- ·S 1725 PCS 245 1 2 3 4 5 6 7 8 9 10 11 12 administered schools and summer camps is consistent with the values of human rights, dignity, and tolerance and does not induce incitement; (6) not engaging in operations with financial institutions or related entities in violation of relevant United States law, and is taking steps to improve the financial transparency of the organization; 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. (e) UNITED NATIONS CAPITAL MASTER PLAN.-- 13 None of the funds made available in this Act may be used 14 for the design, renovation, or construction of the United 15 Nations Headquarters in New York. 16 (f) WITHHOLDING REPORT.--Not later than 45 days 17 after enactment of this Act, the Secretary of State shall 18 submit a report to the Committees on Appropriations de19 tailing the amount of funds available for obligation or ex20 penditure in fiscal year 2016 for contributions to any or21 ganization, department, agency, or program within the 22 United Nations system or any international program that 23 are withheld from obligation or expenditure due to any 24 provision of law: Provided, That the Secretary of State 25 shall update such report each time additional funds are ·S 1725 PCS 246 1 withheld by operation of any provision of law: Provided 2 further, That the reprogramming of any withheld funds 3 identified in such report, including updates thereof, shall 4 be subject to prior consultation with, and the regular noti5 fication procedures of, the Committees on Appropriations. 6 7 COMMUNITY-BASED POLICE ASSISTANCE SEC. 7049. (a) AUTHORITY.--Funds made available 8 by titles III and IV of this Act to carry out the provisions 9 of chapter 1 of part I and chapters 4 and 6 of part II 10 of the Foreign Assistance Act of 1961, may be used, not11 withstanding section 660 of that Act, to enhance the effec12 tiveness and accountability of civilian police authority 13 through training and technical assistance in human rights, 14 the rule of law, anti-corruption, strategic planning, and 15 through assistance to foster civilian police roles that sup16 port democratic governance, including assistance for pro17 grams to prevent conflict, respond to disasters, address 18 gender-based violence, and foster improved police relations 19 with the communities they serve. 20 (b) NOTIFICATION.--Assistance provided under sub- 21 section (a) shall be subject to the regular notification pro22 cedures of the Committees on Appropriations. 23 24 PROHIBITION ON PROMOTION OF TOBACCO SEC. 7050. None of the funds provided by this Act 25 shall be available to promote the sale or export of tobacco ·S 1725 PCS 247 1 or tobacco products, or to seek the reduction or removal 2 by any foreign country of restrictions on the marketing 3 of tobacco or tobacco products, except for restrictions 4 which are not applied equally to all tobacco or tobacco 5 products of the same type. 6 7 INTERNATIONAL CONFERENCES SEC. 7051. None of the funds made available in this 8 Act may be used to send or otherwise pay for the attend9 ance of more than 50 employees of agencies or depart10 ments of the United States Government who are stationed 11 in the United States, at any single international con12 ference occurring outside the United States, unless the 13 Secretary of State reports to the Committees on Appro14 priations at least 5 days in advance that such attendance 15 is important to the national interest: Provided, That for 16 purposes of this section the term ``international con17 ference'' shall mean a conference attended by representa18 tives of the United States Government and of foreign gov19 ernments, international organizations, or nongovern20 mental organizations. 21 22 AIRCRAFT TRANSFER AND COORDINATION SEC. 7052. (a) TRANSFER AUTHORITY.--Notwith- 23 standing any other provision of law or regulation, aircraft 24 procured with funds appropriated by this Act and prior 25 Acts making appropriations for the Department of State, ·S 1725 PCS 248 1 foreign operations, and related programs under the head2 ings ``Diplomatic and Consular Programs'', ``International 3 Narcotics Control and Law Enforcement'', ``Andean 4 Counterdrug Initiative'', and ``Andean Counterdrug Pro5 grams'' may be used for any other program and in any 6 region, including for the transportation of active and 7 standby Civilian Response Corps personnel and equipment 8 during a deployment: Provided, That the responsibility for 9 policy decisions and justification for the use of such trans10 fer authority shall be the responsibility of the Secretary 11 of State and the Deputy Secretary of State and this re12 sponsibility shall not be delegated. 13 (b) PROPERTY DISPOSAL.--The authority provided 14 in subsection (a) shall apply only after the Secretary of 15 State determines and reports to the Committees on Appro16 priations that the equipment is no longer required to meet 17 programmatic purposes in the designated country or re18 gion: Provided, That any such transfer shall be subject 19 to prior consultation with, and the regular notification 20 procedures of, the Committees on Appropriations. 21 22 23 24 25 (c) AIRCRAFT COORDINATION.-- (1) The uses of aircraft purchased or leased by the Department of State and the United States Agency for International Development (USAID) with funds made available in this Act or prior Acts ·S 1725 PCS 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 making appropriations for the Department of State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission: Provided, That such aircraft may be used to transport, on a reimbursable or non-reimbursable basis, Federal and non-Federal personnel supporting Department of State and USAID programs and activities: Provided further, That official travel for other agencies for other purposes may be supported on a reimbursable basis, or without reimbursement when traveling on a space available basis: Provided further, That funds received by the Department of State for the use of aircraft owned, leased, or chartered by the Department of State may be credited to the Department Working Capital Fund and shall be available for expenses related to the purchase, lease, maintenance, chartering, or operation of such aircraft. (2) The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of which is the transportation of personnel. PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN GOVERNMENTS SEC. 7053. The terms and conditions of section 7055 25 of the Department of State, Foreign Operations, and Re- ·S 1725 PCS 250 1 lated Programs Appropriations Act, 2011 (division F of 2 Public Law 111­117) shall apply to this Act: Provided, 3 That the date ``September 30, 2009'' in subsection 4 (f)(2)(B) of such section shall be deemed to be ``Sep5 tember 30, 2015''. 6 7 LANDMINES AND CLUSTER MUNITIONS SEC. 7054. (a) LANDMINES.--Notwithstanding any 8 other provision of law, demining equipment available to 9 the United States Agency for International Development 10 and the Department of State and used in support of the 11 clearance of landmines and unexploded ordnance for hu12 manitarian purposes may be disposed of on a grant basis 13 in foreign countries, subject to such terms and conditions 14 as the Secretary of State may prescribe. 15 (b) CLUSTER MUNITIONS.--No military assistance 16 shall be furnished for cluster munitions, no defense export 17 license for cluster munitions may be issued, and no cluster 18 munitions or cluster munitions technology shall be sold or 19 transferred, unless-- 20 21 22 23 24 25 (1) the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments, and the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology speci- ·S 1725 PCS 251 1 2 3 4 5 6 7 8 9 fies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; or (2) such assistance, license, sale, or transfer is for the purpose of demilitarizing or permanently disposing of such cluster munitions. PROHIBITION ON PUBLICITY OR PROPAGANDA SEC. 7055. No part of any appropriation contained 10 in this Act shall be used for publicity or propaganda pur11 poses within the United States not authorized before the 12 date of the enactment of this Act by Congress: Provided, 13 That not to exceed $25,000 may be made available to 14 carry out the provisions of section 316 of the International 15 Security and Development Cooperation Act of 1980 (Pub16 lic Law 96­533). 17 18 CONSULAR IMMUNITY SEC. 7056. The Secretary of State, in consultation 19 with the Attorney General, may, on the basis of reciprocity 20 and under such terms and conditions as the Secretary may 21 determine, specify privileges and immunities for a consular 22 post, the members of a consular post and their families 23 which result in more favorable or less favorable treatment 24 than is provided in the Vienna Convention on Consular ·S 1725 PCS 252 1 Relations, of April 24, 1963 (T.I.A.S. 6820), entered into 2 force for the United States December 24, 1969. 3 4 5 6 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT (INCLUDING TRANSFER OF FUNDS) SEC. 7057. (a) AUTHORITY.--Up to $93,000,000 of 7 the funds made available in title III of this Act pursuant 8 to or to carry out the provisions of part I of the Foreign 9 Assistance Act of 1961, including funds appropriated 10 under the heading ``Assistance for Europe, Eurasia and 11 Central Asia'', may be used by the United States Agency 12 for International Development (USAID) to hire and em13 ploy individuals in the United States and overseas on a 14 limited appointment basis pursuant to the authority of 15 sections 308 and 309 of the Foreign Service Act of 1980. 16 17 18 19 20 21 22 23 (b) RESTRICTIONS.-- (1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175. (2) The authority to hire individuals contained in subsection (a) shall expire on September 30, 2017. (c) CONDITIONS.--The authority of subsection (a) 24 should only be used to the extent that an equivalent num25 ber of positions that are filled by personal services contrac- ·S 1725 PCS 253 1 tors or other non-direct hire employees of USAID, who 2 are compensated with funds appropriated to carry out part 3 I of the Foreign Assistance Act of 1961, including funds 4 appropriated under the heading ``Assistance for Europe, 5 Eurasia and Central Asia'', are eliminated. 6 (d) PROGRAM ACCOUNT CHARGED.--The account 7 charged for the cost of an individual hired and employed 8 under the authority of this section shall be the account 9 to which the responsibilities of such individual primarily 10 relate: Provided, That funds made available to carry out 11 this section may be transferred to, and merged with, funds 12 appropriated by this Act in title II under the heading ``Op13 erating Expenses''. 14 (e) FOREIGN SERVICE LIMITED EXTENSIONS.--Indi- 15 viduals hired and employed by USAID, with funds made 16 available in this Act or prior Acts making appropriations 17 for the Department of State, foreign operations, and re18 lated programs, pursuant to the authority of section 309 19 of the Foreign Service Act of 1980, may be extended for 20 a period of up to 4 years notwithstanding the limitation 21 set forth in such section. 22 (f) DISASTER SURGE CAPACITY.--Funds appro- 23 priated under title III of this Act to carry out part I of 24 the Foreign Assistance Act of 1961, including funds ap25 propriated under the heading ``Assistance for Europe, ·S 1725 PCS 254 1 Eurasia and Central Asia'', may be used, in addition to 2 funds otherwise available for such purposes, for the cost 3 (including the support costs) of individuals detailed to or 4 employed by USAID whose primary responsibility is to 5 carry out programs in response to natural disasters, or 6 man-made disasters subject to the regular notification 7 procedures of the Committees on Appropriations. 8 (g) PERSONAL SERVICES CONTRACTORS.--Funds ap- 9 propriated by this Act to carry out chapter 1 of part I, 10 chapter 4 of part II, and section 667 of the Foreign As11 sistance Act of 1961, and title II of the Food for Peace 12 Act (Public Law 83­480), may be used by USAID to em13 ploy up to 40 personal services contractors in the United 14 States, notwithstanding any other provision of law, for the 15 purpose of providing direct, interim support for new or 16 expanded overseas programs and activities managed by 17 the agency until permanent direct hire personnel are hired 18 and trained: Provided, That not more than 15 of such con19 tractors shall be assigned to any bureau or office: Provided 20 further, That such funds appropriated to carry out title 21 II of the Food for Peace Act (Public Law 83­480), may 22 be made available only for personal services contractors 23 assigned to the Office of Food for Peace. 24 (h) SMALL BUSINESS.--In entering into multiple 25 award indefinite-quantity contracts with funds appro- ·S 1725 PCS 255 1 priated by this Act, USAID may provide an exception to 2 the fair opportunity process for placing task orders under 3 such contracts when the order is placed with any category 4 of small or small disadvantaged business. 5 6 (i) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.--Individuals hired pursuant to the authority pro- 7 vided by section 7059(o) of the Department of State, For8 eign Operations, and Related Programs Appropriations 9 Act, 2011 (division F of Public Law 111­117) may be 10 assigned to or support programs in Afghanistan or Paki11 stan with funds made available in this Act and prior Acts 12 making appropriations for the Department of State, for13 eign operations, and related programs. 14 15 GLOBAL HEALTH ACTIVITIES SEC. 7058. (a) IN GENERAL.--Funds appropriated 16 by titles III and IV of this Act that are made available 17 for bilateral assistance for child survival activities or dis18 ease programs including activities relating to research on, 19 and the prevention, treatment and control of, HIV/AIDS 20 may be made available notwithstanding any other provi21 sion of law except for provisions under the heading ``Glob22 al Health Programs'' and the United States Leadership 23 Against HIV/AIDS, Tuberculosis, and Malaria Act of 24 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amend25 ed: Provided, That of the funds appropriated under title ·S 1725 PCS 256 1 III of this Act, not less than $577,600,000 shall be made 2 available for family planning/reproductive health, includ3 ing in areas where population growth threatens biodiver4 sity or endangered species. 5 (b) GLOBAL FUND.--Of the funds appropriated by 6 this Act that are available for a contribution to the Global 7 Fund to Fight AIDS, Tuberculosis and Malaria (Global 8 Fund), 10 percent should be withheld from obligation until 9 the Secretary of State determines and reports to the Com10 mittees on Appropriations that the Global Fund is-- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) maintaining and implementing a policy of transparency, including the authority of the Global Fund Office of the Inspector General (OIG) to publish OIG reports on a public Web site; (2) providing sufficient resources to maintain an independent OIG that-- (A) reports directly to the Board of the Global Fund; (B) maintains a mandate to conduct thorough investigations and programmatic audits, free from undue interference; and (C) compiles regular, publicly published audits and investigations of financial, programmatic, and reporting aspects of the Global ·S 1725 PCS 257 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Fund, its grantees, recipients, sub-recipients, and Local Fund Agents; (3) effectively implementing and enforcing policies and procedures which reflect best practices for the protection of whistleblowers for retaliation, including best practices for-- (A) protection against retaliation for internal and lawful public disclosures; (B) legal burdens of proof; (C) statutes of limitation for reporting retaliation; (D) access to independent adjudicative bodies, including external arbitration; and (E) results that eliminate the effects of proven retaliation; and (4) implementing the recommendations contained in the Consolidated Transformation Plan approved by the Board of the Global Fund on November 21, 2011: 20 Provided, That such withholding shall not be in addition 21 to funds that are withheld from the Global Fund in fiscal 22 year 2016 pursuant to the application of any other provi23 sion contained in this or any other Act. 24 25 (c) CONTAGIOUS INFECTIOUS DISEASE OUT- BREAKS.--If the Secretary of State determines and re- ·S 1725 PCS 258 1 ports to the Committees on Appropriations that an inter2 national infectious disease outbreak is sustained, severe, 3 and is spreading internationally, or that it is in the na4 tional interest to respond to a Public Health Emergency 5 of International Concern, funds made available under title 6 III of this Act may be made available to combat such in7 fectious disease or public health emergency: Provided, 8 That funds made available pursuant to the authority of 9 this subsection shall be subject to prior consultation with, 10 and the regular notification procedures of, the Committees 11 on Appropriations. 12 13 GENDER EQUALITY SEC. 7059. (a) GENDER EQUALITY.--Funds appro- 14 priated by this Act shall be made available to promote gen15 der equality in United States Government diplomatic and 16 development efforts by raising the status, increasing the 17 participation, and protecting the rights of women and girls 18 worldwide. 19 (b) WOMEN'S LEADERSHIP.--Of the funds appro- 20 priated by title III of this Act, not less than $50,000,000 21 shall be made available to increase leadership opportuni22 ties for women in countries where women and girls suffer 23 discrimination due to law, policy, or practice, by strength24 ening protections for women's political status, expanding 25 women's participation in political parties and elections, ·S 1725 PCS 259 1 and increasing women's opportunities for leadership posi2 tions in the public and private sectors at the local, provin3 cial, and national levels. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (c) GENDER-BASED VIOLENCE.-- (1)(A) Of the funds appropriated by titles III and IV of this Act, not less than $150,000,000 shall be made available to implement a multi-year strategy to prevent and respond to gender-based violence in countries where it is common in conflict and nonconflict settings. (B) Funds appropriated by titles III and IV of this Act that are available to train foreign police, judicial, and military personnel, including for international peacekeeping operations, shall address, where appropriate, prevention and response to gender-based violence and trafficking in persons, and shall promote the integration of women into the police and other security forces. (2) Department of State and United States Agency for International Development gender programs shall incorporate coordinated efforts to combat a variety of forms of gender-based violence, including child marriage, rape, female genital cutting and mutilation, and domestic violence, among other ·S 1725 PCS 260 1 2 3 forms of gender-based violence in conflict and nonconflict settings. (d) WOMEN, PEACE, AND SECURITY.--Funds appro- 4 priated by this Act under the headings ``Development As5 sistance'', ``Economic Support Fund'', and ``International 6 Narcotics Control and Law Enforcement'' shall be made 7 available to support a multi-year strategy to expand, and 8 improve coordination of, United States Government ef9 forts to empower women as equal partners in conflict pre10 vention, peace building, transitional processes, and recon11 struction efforts in countries affected by conflict or in po12 litical transition, and to ensure the equitable provision of 13 relief and recovery assistance to women and girls. 14 15 16 17 18 19 20 21 22 23 24 25 SECTOR ALLOCATIONS SEC. 7060. (a) EDUCATION.-- (1) BASIC EDUCATION.-- (A) Funds appropriated by this Act that are made available for assistance for basic education may only be made available for each country at a funding level for basic education that does not exceed that contained in the Congressional Budget Justification, Foreign Operations, Summary Tables, Fiscal Year 2016: Provided, That such funds may only be used to implement the stated objectives of each Country ·S 1725 PCS 261 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Development Cooperation Strategy or similar strategy: Provided further, That the Administrator of the United States Agency for International Development (USAID), following consultation with the Committees on Appropriations, may reprogram funds between countries, except that no such reprogramming may result in an overall funding level for basic education exceeding the total amount justified for fiscal year 2016. (B) If the USAID Administrator determines that any unobligated balances of funds specifically designated for basic education in prior Acts making appropriations for foreign operations, export financing, and related programs are in excess of the absorptive capacity of recipient countries, such funds may be made available for other programs authorized under chapter 1 of part I of the Foreign Assistance Act of 1961, notwithstanding such funding designation: Provided, That the authority of this paragraph shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. ·S 1725 PCS 262 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (2) HIGHER EDUCATION.--Of the funds appro- priated by title III of this Act, not less than $225,000,000 shall be made available for assistance for higher education, of which not less than $35,000,000 should be to support new partnerships between higher education institutions in the United States and developing countries. (3) DEFINITION.--For purposes of funds appropriated under title III of this Act, the term ``democracy programs'' in section 7032(c) of this Act shall also include programs to rescue scholars, and fellowships, scholarships, and exchanges in the Middle East and North Africa for academic professionals and university students from countries in such region, subject to the regular notification procedures of the Committees on Appropriations. (b) DEVELOPMENT ASSISTANCE.--Of the funds ap- 18 propriated by this Act under the heading ``Development 19 Assistance'', not less than $26,000,000 shall be made 20 available for the American Schools and Hospitals Abroad 21 program, and not less than $12,000,000 shall be made 22 available for cooperative development programs of the 23 United States Agency for International Development 24 (USAID). 25 (c) ENVIRONMENT PROGRAMS.-- ·S 1725 PCS 263 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) AUTHORITIES.-- (A) Notwithstanding any other provision of law, funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for the Green Climate Fund, including as a contribution: Provided, That any such funds made available for such purpose shall be subject to the regular notification procedures of the Committees on Appropriations. (B) Funds appropriated by this Act may be made available for United States contributions to the Clean Technology Fund and the Strategic Climate Fund. (C) Funds appropriated by this Act to carry out the provisions of section 103 to 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used to support environment programs, notwithstanding any other provision of law except for the provisions of this subsection: Provided, That such funds are subject to the regular notification procedures of the Committees on Appropriations. ·S 1725 PCS 264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) CONSERVATION TION.-- PROGRAMS AND LIMITA- (A) Of the funds appropriated under title III of this Act, $250,000,000 shall be made available for biodiversity conservation programs. (B) Not less than $55,000,000 of the funds appropriated under title III and IV of this Act shall be made available to combat the transnational threat of wildlife poaching and trafficking: Provided, That none of the funds appropriated under title IV of this Act may be made available for training or other assistance for any military unit or personnel that the Secretary of State determines has been credibly alleged to have participated in wildlife poaching or trafficking, unless the Secretary reports to the Committees on Appropriations that to do so is in the national security interest of the United States. (C) LIMITATION.--Funds appropriated by this Act for biodiversity programs shall not be used to support the expansion of industrial scale logging or any other industrial scale extractive activity into areas that were primary/ intact tropical forests as of December 30, 2013, ·S 1725 PCS 265 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and the Secretary of the Treasury shall instruct the United States executive directors of each international financial institutions (IFI) to vote against any financing of any such activity. (3) LARGE DAMS.--The Secretary of the Treas- ury shall instruct the United States executive director of each IFI that it is the policy of the United States to vote in relation to any loan, grant, strategy, or policy of such institution to support the construction of any large dam consistent with the criteria set forth in the report accompanying this Act, while also considering whether the project involves important foreign policy objectives. (4) SUSTAINABLE appropriated under LANDSCAPES.--Of the funds this Act, title III of $123,500,000 shall be made available for sustainable landscape programs. (d) FOOD SECURITY MENT.-- AND AGRICULTURAL DEVELOP- (1) Of the funds appropriated by title III of this Act, not less than $1,000,600,000 should be made available for food security and agricultural development programs, of which $32,000,000 shall be made available for the Feed the Future Collaborative Research Innovation Lab: Provided, That such ·S 1725 PCS 266 1 2 3 4 5 6 7 8 9 10 11 funds may be made available notwithstanding any other provision of law to prevent or address food shortages, and for a United States contribution to the endowment of the Global Crop Diversity Trust. (2) Funds appropriated under title III of this Act may be made available as a contribution to the Global Agriculture and Food Security Program if such contribution will not cause the United States to exceed 33 percent of the total amount of funds contributed to such Program. (e) MICROENTERPRISE appropriated by AND MICROFINANCE.--Of the Act, not less than 12 funds this 13 $265,000,000 should be made available for microenter14 prise and microfinance development programs for the 15 poor, especially women. 16 (f) POWER AFRICA INITIATIVE.--Of the funds appro- 17 priated by this Act, $76,700,000 shall be made available 18 for the Power Africa initiative, subject to the regular noti19 fication procedures of the Committees on Appropriations. 20 21 22 23 24 25 (g) PROGRAMS TO COMBAT TRAFFICKING SONS AND IN PER- END MODERN SLAVERY.-- IN PERSONS.--Of (1) TRAFFICKING the funds appropriated by this Act under the headings ``Development Assistance'', ``Economic Support Fund'', and ``International Narcotics Control and Law En- ·S 1725 PCS 267 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 forcement'', not less than $52,500,000 shall be made available for activities to combat trafficking in persons internationally. (2) END MODERN SLAVERY.--Of the funds ap- propriated by this Act under the heading ``Development Assistance'', in addition to funds made available pursuant to paragraph (1), $25,000,000, to remain available until expended, shall be made available on a competitive basis for a grant or grants to support innovative strategies, on a cost-matching basis, that reduce the prevalence of modern slavery in targeted populations within partner countries (or jurisdictions thereof) with a high prevalence of modern slavery: Provided, That for the purposes of this paragraph the terms ``modern slavery'' and ``partner countries'' shall have the same meaning as provided for in section 9 of the End Modern Slavery Initiative Act of 2015 (S. 553), as reported by the Senate Committee on Foreign Relations on February 26, 2015: Provided further, That the requirements of section 7631(d) of title 22, United States Code, shall apply to such funds. (h) RECONCILIATION PROGRAMS.--Of the funds ap- 24 propriated by this Act under the headings ``Economic 25 Support Fund'' and ``Development Assistance'', not less ·S 1725 PCS 268 1 than $26,000,000 shall be made available to support peo2 ple-to-people reconciliation programs which bring together 3 individuals of different ethnic, religious, and political 4 backgrounds from areas of civil strife and war: Provided, 5 That the USAID Administrator shall consult with the 6 Committees on Appropriations, prior to the initial obliga7 tion of funds, on the uses of such funds: Provided further, 8 That to the maximum extent practicable, such funds shall 9 be matched by sources other than the United States Gov10 ernment. 11 (i) WATER AND SANITATION.--Of the funds appro- 12 priated by this Act, not less than $400,000,000 shall be 13 made available for water supply and sanitation projects 14 pursuant to the Senator Paul Simon Water for the Poor 15 Act of 2005 (Public Law 109­121), of which not less than 16 $145,000,000 should be for programs in sub-Saharan Af17 rica, and of which not less than $14,000,000 shall be 18 made available for programs to design and build safe, pub19 lic latrines in Africa and Asia. 20 (j) NOTIFICATION REQUIREMENTS.--Authorized de- 21 viations from funding levels contained in this section shall 22 be subject to the regular notification procedures of the 23 Committees on Appropriations. ·S 1725 PCS 269 1 2 OVERSEAS PRIVATE INVESTMENT CORPORATION SEC. 7061. (a) TRANSFER.--Whenever the President 3 determines that it is in furtherance of the purposes of the 4 Foreign Assistance Act of 1961, up to a total of 5 $20,000,000 of the funds appropriated under title III of 6 this Act may be transferred to, and merged with, funds 7 appropriated by this Act for the Overseas Private Invest8 ment Corporation Program Account, to be subject to the 9 terms and conditions of that account: Provided, That such 10 funds shall not be available for administrative expenses 11 of the Overseas Private Investment Corporation: Provided 12 further, That designated funding levels in this Act shall 13 not be transferred pursuant to this section: Provided fur14 ther, That the exercise of such authority shall be subject 15 to the regular notification procedures of the Committees 16 on Appropriations. 17 (b) AUTHORITY.--Notwithstanding section 235(a)(2) 18 of the Foreign Assistance Act of 1961, the authority of 19 subsections (a) through (c) of section 234 of such Act 20 shall remain in effect until September 30, 2016. 21 22 ARMS TRADE TREATY SEC. 7062. None of the funds appropriated by this 23 Act may be obligated or expended to implement the Arms 24 Trade Treaty until the Senate approves a resolution of 25 ratification for the Treaty. ·S 1725 PCS 270 1 2 3 INTERNATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH SEC. 7063. (a) UNITED NATIONS POPULATION 4 FUND.-- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (1) CONTRIBUTION.--Of the amounts made available under the heading ``International Organizations and Programs'' in this Act for fiscal year 2016, $35,000,000 shall be made available for the United Nations Population Fund (referred to in this section as ``UNFPA''). (2) AVAILABILITY OF FUNDS.--Amounts appro- priated by this Act for UNFPA that are not made available for UNFPA because of the operation of any provision of law shall be transferred to the ``Global Health Programs'' account and shall be made available for family planning, maternal, and reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations. (3) PROHIBITION CHINA.--None ON USE OF FUNDS IN of the amounts made available under this Act may be used by UNFPA for a country program in the People's Republic of China. ·S 1725 PCS 271 1 2 3 4 5 6 7 8 9 (4) CONDITIONS ON AVAILABILITY OF FUNDS.--Amounts made available by this Act for UNFPA may not be made available unless-- (A) UNFPA maintains such amounts in an account that is separate from other UNFPA accounts and does not commingle such funds with other funds; and (B) UNFPA does not fund abortions. (b) ASSISTANCE FOR FOREIGN NONGOVERNMENTAL 10 ORGANIZATIONS.--The Foreign Assistance Act of 1961 is 11 amended by inserting after section 104C the following: 12 13 ``SEC. 104D. ELIGIBILITY FOR ASSISTANCE. ``Notwithstanding any other provision of law, regula- 14 tion, or policy, in determining eligibility for assistance 15 under sections 104, 104A, 104B, and 104C, a foreign non16 governmental organization-- 17 18 19 20 21 22 23 24 25 ``(1) shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organization with non-United States Government funds if such services-- ``(A) are permitted in the country in which they are being provided; and ``(B) would not violate United States law if provided in the United States; and ·S 1725 PCS 272 1 2 3 4 5 6 7 8 ``(2) shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under this part.''. REPORTING REQUIREMENTS CONCERNING INDIVIDUALS ´ DETAINED AT NAVAL STATION, GUANTANAMO BAY, CUBA SEC. 7064. Not later than 5 days after the conclusion 9 of an agreement with a country, including a state with 10 a compact of free association with the United States, to 11 receive by transfer or release individuals detained at ´ 12 United States Naval Station, Guantanamo Bay, Cuba, the 13 Secretary of State shall notify the Committees on Appro14 priations in writing of the terms of the agreement, includ15 ing whether funds appropriated by this Act or prior Acts 16 making appropriations for the Department of State, for17 eign operations, and related programs will be made avail18 able for assistance for such country pursuant to such 19 agreement. 20 21 CONSULAR AND BORDER SECURITY PROGRAMS SEC. 7065. (a) There is established in the Treasury 22 a separate fund to be known as the ``Consular and Border 23 Security Programs'' account into which the following fees 24 shall be deposited for the purposes of the consular and 25 border security programs. ·S 1725 PCS 273 1 (b) MACHINE-READABLE VISA FEE.--Section 103(d) 2 of Public Law 107­173 (8 U.S.C. 1713) is amended by 3 striking ``credited as an offsetting collection to any appro4 priation for the Department of State'' and inserting ``de5 posited in the Consular and Border Security Programs ac6 count''. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (c) PASSPORT CHARGES.-- AND IMMIGRANT VISA SECURITY SUR- (1) The fourth paragraph under the heading ``Diplomatic and Consular Programs'' in title IV of division B of Public Law 108­447 (8 U.S.C. 1714) is amended-- (A) by inserting ``and the consular protection of U.S. citizens and their interests overseas'' after ``in support of enhanced border security''; and (B) by striking ``credited to this account'' and inserting ``deposited in the Consular and Border Security Programs account''. (2) Section 6 of Public Law 109­472 (8 U.S.C. 1714 note) is amended by inserting ``and the consular protection of U.S. citizens and their interests overseas'' after ``in support of enhanced border security'' each place it appears. ·S 1725 PCS 274 1 (d) DIVERSITY IMMIGRANT LOTTERY FEE.--Section 2 636 of title VI, division C of Public Law 104­208 (8 3 U.S.C. 1153 note) is amended by striking ``as an offset4 ting collection to any Department of State appropriation'' 5 and inserting ``in the Consular and Border Security Pro6 grams account''. 7 (e) AFFIDAVIT OF SUPPORT FEE.--Section 232(c) of 8 title II of division A of H.R. 3427 (106th Congress) (in9 corporated by reference by section 1000(a)(7) of division 10 B of Public 106­113, as amended (8 U.S.C. 1183a note), 11 is further amended by striking ``as an offsetting collection 12 to any Department of State appropriation'' and inserting 13 ``in the Consular and Border Security Programs account''. 14 (f) WESTERN HEMISPHERE TRAVEL INITIATIVE 15 SURCHARGE.--Subsection (b)(1) of section 1 of the Pass16 port Act of June 4, 1920 (22 U.S.C. 214(b)(1)) is amend17 ed by striking ``as an offsetting collection to the appro18 priate Department of State appropriation'' and inserting 19 ``in the Consular and Border Security Programs account''. 20 (g) EXPEDITED PASSPORT FEE.--The first proviso 21 under the heading ``Diplomatic and Consular Programs'' 22 in title V of Public Law 103­317 (22 U.S.C. 214 note) 23 is amended by inserting ``or in the Consular and Border 24 Security Programs account'' after ``offsetting collection''. ·S 1725 PCS 275 1 (h) TRANSFER OF BALANCES.--The unobligated bal- 2 ances of amounts available from fees referenced under this 3 section may be transferred to the Consular and Border 4 Security Programs account. 5 (i) Funds deposited in or transferred to the Consular 6 and Border Security Programs account may be trans7 ferred between funds appropriated under the heading ``Ad8 ministration of Foreign Affairs''. 9 (j) The transfer authorities in this section shall be 10 in addition to any other transfer authority available to the 11 Department of State. 12 (k) The amendments made by this section shall take 13 effect not later than October 1, 2016, and shall be imple14 mented in a manner that ensures the fees collected, trans15 ferred, and used in fiscal year 2016 can be readily tracked. 16 17 PROHIBITION ON USE OF TORTURE SEC. 7066. (a) LIMITATION.--None of the funds 18 made available in this Act may be used to support or jus19 tify the use of torture, cruel, or inhumane treatment by 20 any official or contract employee of the United States Gov21 ernment. 22 (b) ASSISTANCE TO ELIMINATE TORTURE.--Funds 23 appropriated under titles III and IV of this Act shall be 24 made available, notwithstanding section 660 of the For25 eign Assistance Act of 1961 and following consultation ·S 1725 PCS 276 1 with the Committees on Appropriations, for assistance to 2 eliminate torture by foreign police, military or other secu3 rity forces in countries receiving assistance from funds ap4 propriated by this Act. 5 6 EXTRADITION SEC. 7067. (a) LIMITATION.--None of the funds ap- 7 propriated in this Act may be used to provide assistance 8 (other than funds provided under the headings ``Inter9 national Disaster Assistance'', ``Complex Crises Fund'', 10 ``International Narcotics Control and Law Enforcement'', 11 ``Migration and Refugee Assistance'', ``United States 12 Emergency Refugee and Migration Assistance Fund'', and 13 ``Nonproliferation, Anti-terrorism, Demining and Related 14 Assistance'') for the central government of a country 15 which has notified the Department of State of its refusal 16 to extradite to the United States any individual indicted 17 for a criminal offense for which the maximum penalty is 18 life imprisonment without the possibility of parole or for 19 killing a law enforcement officer, as specified in a United 20 States extradition request. 21 (b) CLARIFICATION.--Subsection (a) shall only apply 22 to the central government of a country with which the 23 United States maintains diplomatic relations and with 24 which the United States has an extradition treaty and the ·S 1725 PCS 277 1 government of that country is in violation of the terms 2 and conditions of the treaty. 3 (c) WAIVER.--The Secretary of State may waive the 4 restriction in subsection (a) on a case-by-case basis if the 5 Secretary certifies to the Committees on Appropriations 6 that such waiver is important to the national interests of 7 the United States. 8 9 COMMERCIAL LEASING OF DEFENSE ARTICLES SEC. 7068. Notwithstanding any other provision of 10 law, and subject to the regular notification procedures of 11 the Committees on Appropriations, the authority of sec12 tion 23(a) of the Arms Export Control Act may be used 13 to provide financing to Israel, Egypt, and the North Atlan14 tic Treaty Organization (NATO), and major non-NATO 15 allies for the procurement by leasing (including leasing 16 with an option to purchase) of defense articles from 17 United States commercial suppliers, not including Major 18 Defense Equipment (other than helicopters and other 19 types of aircraft having possible civilian application), if the 20 President determines that there are compelling foreign 21 policy or national security reasons for those defense arti22 cles being provided by commercial lease rather than by 23 government-to-government sale under such Act. ·S 1725 PCS 278 1 2 INDEPENDENT STATES OF THE FORMER SOVIET UNION SEC. 7069. (a) LIMITATION.--None of the funds ap- 3 propriated by this Act may be made available for assist4 ance for a government of an independent state of the 5 former Soviet Union if that government directs any action 6 in violation of the territorial integrity or national sov7 ereignty of any other independent state of the former So8 viet Union, such as those violations included in the Hel9 sinki Final Act: Provided, That except as otherwise pro10 vided in section 7070(a) of this Act, funds may be made 11 available without regard to the restriction in this sub12 section if the President determines that to do so is in the 13 national security interest of the United States: Provided 14 further, That prior to executing the authority contained 15 in this subsection the Department of State shall consult 16 with the Committees on Appropriations on how such as17 sistance supports the national interest of the United 18 States. 19 (b) SECTION 907 OF THE FREEDOM SUPPORT 20 ACT.--Section 907 of the FREEDOM Support Act shall 21 not apply to-- 22 23 24 (1) activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1424 of the Defense Against Weapons ·S 1725 PCS 279 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 of Mass Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance; (2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421); (3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity; (4) any insurance, reinsurance, guarantee, or other assistance provided by the Overseas Private Investment Corporation under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.); (5) any financing provided under the ExportImport Bank Act of 1945; or (6) humanitarian assistance. RUSSIA SEC. 7070. (a) LIMITATION.--None of the funds ap- 19 propriated by this Act may be made available for assist20 ance for the central Government of the Russian Federa21 tion. 22 23 24 25 (b) DETERMINATION AND CONDITIONS.-- (1) None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State ·S 1725 PCS 280 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea: Provided, That except as otherwise provided in subsection (a), the Secretary may waive the restriction on assistance required by this paragraph if the Secretary certifies to such Committees that to do so is in the national interest of the United States, and includes a justification for such interest. (2) None of the funds appropriated by this Act may be made available for-- (A) the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea; (B) the facilitation, financing, or guarantee of United States Government investments in Crimea, if such activity includes the participation of Russian Government officials, and Russian owned and controlled banks, or other Russian Government owned and controlled financial entities; or (C) assistance for Crimea, if such assistance includes the participation of Russian Government officials, and Russian owned and con- ·S 1725 PCS 281 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 trolled banks, and other Russian Government owned and controlled financial entities. (3) The Secretary of the Treasury shall instruct the United States executive directors of each international financial institution to vote against any assistance by such institution (including but not limited to any loan, credit, or guarantee) for any program that violates the sovereignty or territorial integrity of Ukraine. (4) The requirements and limitations of subsection (b) shall cease to be in effect if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Ukraine has reestablished sovereignty over Crimea. (c) ASSISTANCE TO REDUCE VULNERABILITY AND 16 PRESSURE.--Funds appropriated by this Act for assist17 ance for the Eastern Partnership countries shall be made 18 available to advance the implementation of Association 19 Agreements, trade agreements, and visa liberalization 20 agreements with the European Union, and to reduce their 21 vulnerability to external economic and political pressure 22 from the Russian Federation. 23 (d) DEMOCRACY PROGRAMS.--Funds appropriated 24 by this Act shall be made available to support the advance25 ment of democracy and the rule of law in the Russian Fed- ·S 1725 PCS 282 1 eration, including to promote Internet freedom, and shall 2 also be made available to support the democracy and rule 3 of law strategy required by section 7071(d) of the Depart4 ment of State, Foreign Operations, and Related Programs 5 Appropriations Act, 2014 (division K of Public Law 113­ 6 76). 7 (e) REPORTS.--Not later than 45 days after enact- 8 ment of this Act, the Secretary of State shall update the 9 reports required by section 7071(b)(2), (c), and (e) of the 10 Department of State, Foreign Operations, and Related 11 Programs Appropriations Act, 2014 (division K of Public 12 Law 113­76). 13 14 15 INTERNATIONAL MONETARY FUND SEC. 7071. (a) TRANSPARENCY ABILITY.--The AND ACCOUNT- terms and conditions of sections 7086(b) 16 (1) and (2) and 7090(a) of the Department of State, For17 eign Operations, and Related Programs Appropriations 18 Act, 2010 (division F of Public Law 111­117) shall apply 19 to this Act. 20 (b) REPAYMENT.--The Secretary of the Treasury 21 shall instruct the United States Executive Director of the 22 International Monetary Fund (IMF) to seek to ensure 23 that any loan will be repaid to the IMF before other pri24 vate creditors. ·S 1725 PCS 283 1 2 SPECIAL DEFENSE ACQUISITION FUND SEC. 7072. Not to exceed $900,000,000 may be obli- 3 gated pursuant to section 51(c)(2) of the Arms Export 4 Control Act for the purposes of the Special Defense Acqui5 sition Fund (Fund), to remain available for obligation 6 until September 30, 2018: Provided, That the provision 7 of defense articles and defense services to foreign coun8 tries or international organizations from the Fund shall 9 be subject to the concurrence of the Secretary of State. 10 11 12 COUNTERING VIOLENT EXTREMISM SEC. 7073. (a) STRENGTHENING TEM.--Funds THE STATE SYS- appropriated by this Act for counterter- 13 rorism programs shall include programs to strengthen 14 governance in states whose stability and legitimacy are 15 threatened by Islamic or other extremist groups. 16 (b) COUNTERING FOREIGN TERRORIST FIGHTERS.-- 17 Funds appropriated by this Act shall be made available 18 for programs to counter the flow of foreign terrorist fight19 ers to countries in which Islamic or other extremist groups 20 operate. 21 (c) COUNTERING VIOLENT EXTREMISM.--Funds ap- 22 propriated by this Act shall be made available for pro23 grams to reduce support for non-state entities that engage 24 in terrorist activities through messaging campaigns to 25 damage their appeal; programs to engage communities ·S 1725 PCS 284 1 and populations at risk of violent extremist radicalization 2 and recruitment; counter radicalization, rehabilitation, 3 and reintegration programs for potential and former vio4 lent extremists, including in prisons; law enforcement 5 training programs; and capacity building for civil society 6 organizations to combat radicalization in local commu7 nities. 8 (d) ASSISTANCE FOR FRAGILE STATES.--Funds ap- 9 propriated by this Act shall be made available for pro10 grams that strengthen governance and security in fragile 11 states bordering countries whose stability and legitimacy 12 are threatened by Islamic or other extremists, as deter13 mined by the Secretary of State. 14 15 16 17 18 19 20 21 22 23 24 25 (e) COORDINATOR AND REPORT.-- (1) The Secretary of State shall designate, within the Bureau of Counterterrorism, Department of State, a Countering Violent Extremism Assistance Coordinator (the Coordinator) who shall be responsible, consistent with the requirements of this section, for-- (A) designing an overall assistance and cooperation strategy for countering violent extremism, including strengthening governance; (B) ensuring program and policy coordination among bureaus of the Department and ·S 1725 PCS 285 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 other agencies of the United States Government in countering extremism, implementing security sector and governance reform programs, and integrating all security sector and civilian assistance authorities and initiatives to counter violent extremism; (C) pursuing coordination with other countries and international organizations with respect to assistance for countering extremism; (D) ensuring United States assistance programs for countering violent extremism funded by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs are consistent with all applicable laws, regulations and policies regarding the use of foreign assistance; (E) ensuring proper management, implementation, and oversight by agencies responsible for assistance programs for countering violent extremism, including consistent policy standards and metrics; and (F) coordinating the uses of funds made available pursuant to subsections (a) through (d) under titles III and IV of this Act and prior Acts making appropriations for the Department ·S 1725 PCS 286 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 of State, foreign operations, and related programs: Provided, That the Secretary of State, in consultation with the Administrator of the United States Agency for International Development (USAID), shall designate a deputy coordinator, from within USAID, to assist such coordinator. (2) The Coordinator shall report to the Coordinator for Counterterrorism, Department of State: Provided, That the Coordinator for Counterterrorism shall be deemed to be the equivalent rank of Assistant Secretary of State. (3) Not later than September 30, 2016, the Secretary of State shall submit a report to the appropriate congressional committees detailing coordination mechanisms for programs to counter terrorism and violent extremism abroad across United States Government agencies, and a list of all such programs conducted by such agencies, which may be submitted in classified form, if necessary. (f) COMPONENTS OF THE STRATEGY.--The strategy 22 required by subsection (e)(1)(A) shall include the coherent 23 integration of counterterrorism, governance and security 24 sector reform programs proposed to be implemented from 25 funds appropriated by this Act under titles III and IV, ·S 1725 PCS 287 1 including programs to counter violent extremism in coun2 tries in which state systems are threatened by Islamic and 3 other extremists groups, programs to support states bor4 dering such countries, programs to strengthen governance 5 in such states, and programs to counter the radicalization 6 and flow of foreign terrorist fighters: Provided, That such 7 strategy shall include details on funding by country, ac8 count, and amount for each program: Provided further, 9 That such strategy shall also include a description of 10 counterterrorism training and equipment proposed to be 11 provided: Provided further, That the Secretary of State 12 shall submit such strategy, in classified form if necessary, 13 to the appropriate congressional committees not later than 14 180 days after enactment of this Act, and shall include 15 appropriate funding detail on programs supporting such 16 strategy in the report required by section 653(a) of the 17 Foreign Assistance Act of 1961. 18 (g) MONITORING AND OVERSIGHT.--(1) Prior to the 19 obligation of funds appropriated by this Act to implement 20 such strategy, the Secretary of State shall take all prac21 ticable steps to ensure that mechanisms are in place for 22 monitoring, oversight, and control of such assistance: Pro23 vided, That the Secretary of State shall inform the appro24 priate congressional committee of each significant instance 25 in which assistance provided pursuant to this subsection ·S 1725 PCS 288 1 has been compromised, to include the amount and type 2 of assistance affected, a description of the incident and 3 parties involved, and an explanation of the response of the 4 Department of Department. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (2) Not later than 90 days after the Secretary of State designates the Coordinator, the Coordinator shall submit a report to the Committees on Appropriations detailing procedures and mechanism for end-use monitoring, vetting procedures, and oversight of security sector and civilian assistance made available to implement the requirements of this section: Provided, That such report shall include a description of the limitations of United States Government personnel to areas in which assistance is provided, and the oversight procedures for such assistance in areas where access by such personnel is limited. ENTERPRISE FUNDS SEC. 7074. (a) NOTIFICATION REQUIREMENT.-- 20 None of the funds made available under titles III through 21 VI of this Act may be made available for Enterprise Funds 22 unless the appropriate congressional committees are noti23 fied at least 15 days in advance. 24 (b) DISTRIBUTION OF ASSETS PLAN.--Prior to the 25 distribution of any assets resulting from any liquidation, ·S 1725 PCS 289 1 dissolution, or winding up of an Enterprise Fund, in whole 2 or in part, the President shall submit to the appropriate 3 congressional committees a plan for the distribution of the 4 assets of the Enterprise Fund. 5 (c) TRANSITION OR OPERATING PLAN.--Prior to a 6 transition to and operation of any private equity fund or 7 other parallel investment fund under an existing Enter8 prise Fund, the President shall submit such transition or 9 operating plan to the appropriate congressional commit10 tees. 11 12 USE OF FUNDS IN CONTRAVENTION OF THIS ACT SEC. 7075. If the President makes a determination 13 not to comply with any provision of this Act on constitu14 tional grounds, the head of the relevant Federal agency 15 shall notify the Committees on Appropriations in writing 16 within 5 days of such determination, the basis for such 17 determination and any resulting changes to program and 18 policy. 19 20 BUDGET DOCUMENTS SEC. 7076. (a) OPERATING PLANS.--Not later than 21 45 days after the date of enactment of this Act, each de22 partment, agency, or organization funded in titles I, II, 23 and VI of this Act, and the Department of the Treasury 24 and Independent Agencies funded in title III of this Act, 25 including the Inter-American Foundation and the United ·S 1725 PCS 290 1 States African Development Foundation, shall submit to 2 the Committees on Appropriations an operating plan for 3 funds appropriated to such department, agency, or organi4 zation in such titles of this Act, or funds otherwise avail5 able for obligation in fiscal year 2016, that provides de6 tails of the uses of such funds at the program, project, 7 and activity level: Provided, That such plans shall include, 8 as applicable, a comparison between the most recent con9 gressional directives or approved funding levels and the 10 funding levels proposed by the department or agency; and 11 a clear, concise, and informative description/justification: 12 Provided further, That operating plans for funds for such 13 department, agency, or organization in titles I, II, or III 14 and title VIII, shall simultaneously submit the operating 15 plans for, and integrated information on, enduring and 16 Overseas Contingency Operations funds: Provided further, 17 That operating plans that include changes in levels of 18 funding specified in this Act or in the report accom19 panying this Act shall be subject to the regular notifica20 tion procedures of the Committees on Appropriations. 21 22 23 24 25 (b) SPEND PLANS.-- (1) Prior to the initial obligation of funds, the Secretary of State or Administrator of the United States Agency for International Development (USAID), as appropriate, shall submit to the Com- ·S 1725 PCS 291 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mittees on Appropriations a detailed spend plan for funds made available by this Act, for-- (A) assistance for Afghanistan, Colombia, Egypt, Haiti, Iraq, Lebanon, Libya, Mexico, Pakistan, the West Bank and Gaza, and Yemen; (B) the Caribbean Basin Security Initiative; the Central America Regional Security Initiative; the Trans-Sahara Counterterrorism Partnership; the Partnership for Regional East Africa Counterterrorism; the West Africa Regional Security Initiative; the Global Peace Operations Initiative, including Africa Contingency Operations Training and Assistance; the African Peacekeeping Rapid Response Partnership; the Africa Conflict Stabilization and Border Security program; the African Military Education Program; the Africa Maritime Security Initiative; the Security Governance Initiative; the Africa Regional Counter-Terrorism Fund; the Counterterrorism Partnerships Fund; the Regional Security Initiative; the Africa Capacity for Immediate Crisis Response program; and the Southeast Asia Maritime Security Law Enforcement Initiative: Provided, That the spend ·S 1725 PCS 292 1 2 3 4 5 6 7 8 9 10 11 12 13 plan for such programs shall include the amount of assistance planned for each country by account; and (C) democracy programs and each sector enumerated in section 7060 of this Act. (2) Not later than 45 days after enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Appropriations a detailed spend plan for funds made available by this Act under the headings ``Department of the Treasury'' in title III and ``International Financial Institutions'' in title V. (c) SPENDING REPORT.--Not later than 45 days 14 after enactment of this Act, the USAID Administrator 15 shall submit to the Committees on Appropriations a de16 tailed report on spending of funds made available during 17 fiscal year 2015 under the heading ``Development Credit 18 Authority''. 19 (d) NOTIFICATIONS.--The spend plans referenced in 20 subsection (b) shall not be considered as meeting the noti21 fication requirements in this Act or under section 634A 22 of the Foreign Assistance Act of 1961. 23 (e) CONGRESSIONAL BUDGET JUSTIFICATION.--The 24 Secretary of State and the USAID Administrator shall in25 clude in the congressional budget justification a detailed ·S 1725 PCS 293 1 justification for multi-year availability for any funds re2 quested under the headings ``Diplomatic and Consular 3 Programs'' and ``Operating Expenses''. 4 5 RECORDS MANAGEMENT, REQUESTS, AND REPORTS SEC. 7077. (a)(1) RECORDS MANAGEMENT.--Funds 6 appropriated by this Act under the headings ``Diplomatic 7 and Consular Programs'' and ``Operating Expenses'' shall 8 be made available for purposes of Federal records manage9 ment pursuant to the Federal Records Act (44 U.S.C. 10 Chapters 21, 29, 31, and 33) and other applicable Federal 11 records management statutes, regulations, or policies for 12 the Department of State and the United States Agency 13 for International Development (USAID): Provided, That 14 no such funds may be made available to such agencies to 15 support the use or establishment of email accounts or 16 email servers created outside the .gov domain or not fitted 17 for automated records management as part of a Federal 18 government records management program. 19 (2)(A) REPORTS.--Not later than 90 days after en- 20 actment of this Act, the Secretary of State and USAID 21 Administrator shall each submit a report to the appro22 priate congressional committees and to the National Ar23 chives and Records Administration (NARA) detailing-- 24 25 (i) the policy of each agency regarding the use or establishment of email accounts or email ·S 1725 PCS 294 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 servers created outside the .gov domain or not fitted for automated records management as part of a Federal government records management program; (ii) the extent to which each agency is in compliance with applicable Federal records management statutes, regulations, or policies; and (iii) a description of existing cyber security measures to mitigate vulnerabilities resulting from the use of email accounts or email servers outside the .gov domain. (B) REPORTS ASSESSMENT.--Not later than 120 days after the submission of the reports required in subparagraph (A), the Comptroller General of the United States, in consultation with NARA, as appropriate, shall conduct an assessment of such reports, and shall consult with the Committees on Appropriations on the scope and requirements of such assessment. (b) REQUESTS FOR DOCUMENTS.--None of the funds 22 appropriated or made available pursuant to title III 23 through VI of this Act shall be available to a nongovern24 mental organization, including any contractor, which fails 25 to provide upon timely request any document, file, or ·S 1725 PCS 295 1 record necessary to the auditing requirements of the De2 partment of State and USAID. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (c) PUBLIC POSTING OF REPORTS.-- (1) REQUIREMENT.--Any agency receiving funds made available by this Act shall, subject to paragraphs (2) and (3), post on the publicly available Web site of such agency any report required by this Act to be submitted to the Committees on Appropriations, upon a determination by the head of such agency that to do so is in the national interest. (2) EXCEPTIONS.--Paragraph (1) shall not apply to a report if-- (A) the public posting of such report would compromise national security, including the conduct of diplomacy; or (B) the report contains proprietary, privileged, or sensitive information. (3) TIMING AND INTENTION.--The head of the agency posting such report shall, unless otherwise provided for in this Act, do so only after such report has been made available to the Committees on Appropriations for not less than 45 days: Provided, That any report required by this Act to be submitted to the Committees on Appropriations shall include ·S 1725 PCS 296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 information from the submitting agency on whether such report will be publicly posted. (d) SUNSET OF REPORTS.-- (1) Effective September 30, 2017, each report described in paragraph (2) that is still required to be submitted to Congress as of such effective date shall no longer be required to be submitted to Congress upon notification of the Committees on Appropriations, unless otherwise directed by a subsequent Act. (2) A report described in this subsection is a report that is required to be submitted at regular periodic intervals to Congress by any prior Act making appropriations for the Department of State, foreign operations, and related programs and that is prepared primarily by the Department of State, USAID, or by any officer, official, component, or element of the Department or USAID, by a provision of statute (including title 22, United States Code, and any annual appropriations or authorization Act) as of April 1, 2015. (3) This subsection shall not apply to reports required to be submitted by the Department of State or USAID Office of the Inspector General. ·S 1725 PCS 297 1 2 GLOBAL INTERNET FREEDOM SEC. 7078. (a) FUNDING.--Of the funds available for 3 obligation during fiscal year 2016 under the headings 4 ``International Broadcasting Operations'', ``Economic 5 Support Fund'', and ``Democracy Fund'', not less than 6 $50,500,000 shall be made available for programs to pro7 mote Internet freedom globally: Provided, That such pro8 grams shall be prioritized for countries whose governments 9 restrict freedom of expression on the Internet, and that 10 are important to the national interests of the United 11 States: Provided further, That funds made available pursu12 ant to this section shall be matched, to the maximum ex13 tent practicable, by sources other than the United States 14 Government, including from the private sector. 15 (b) REQUIREMENTS.--Funds made available pursu- 16 ant to subsection (a) shall be-- 17 18 19 20 21 22 23 24 (1) coordinated with other democracy, governance, and broadcasting programs funded by this Act under the headings ``International Broadcasting Operations'', ``Economic Support Fund'', ``Democracy Fund'', ``Complex Crises Fund'', and ``Assistance for Europe, Eurasia and Central Asia'', and shall be incorporated into country assistance, democracy promotion, and broadcasting strategies, as appropriate; ·S 1725 PCS 298 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) made available to the Bureau of Democracy, Human Rights, and Labor, Department of State for programs to implement the May 2011, International Strategy for Cyberspace and the comprehensive strategy to promote Internet freedom and access to information in Iran, as required by section 414 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8754); (3) made available to the Broadcasting Board of Governors (BBG) to provide tools and techniques to access the Web sites of BBG broadcasters that are censored, and to work with such broadcasters to promote and distribute such tools and techniques, including digital security techniques; (4) made available for programs that support the efforts of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats to Internet freedom at international organizations; to combat violence against bloggers and other users; and to enhance digital security training and capacity building for democracy activists; and (5) made available for research of key threats to Internet freedom; the continued development of technologies that provide or enhance access to the ·S 1725 PCS 299 1 2 3 4 5 6 7 8 9 10 11 12 13 Internet, including circumvention tools that bypass Internet blocking, filtering, and other censorship techniques used by authoritarian governments; and maintenance of the United States Government technological advantage over such censorship techniques: Provided, That the Secretary of State, in consultation with the BBG, shall coordinate any such research and development programs with other relevant United States Government departments and agencies in order to share information, technologies, and best practices, and to assess the effectiveness of such technologies. (c) COORDINATION AND SPEND PLANS.--After con- 14 sultation among the relevant agency heads to coordinate 15 and de-conflict planned activities, but not later than 90 16 days after enactment of this Act, the Secretary of State 17 and the BBG Chairman shall submit to the Committees 18 on Appropriations spend plans for funds made available 19 by this Act for programs to promote Internet freedom 20 globally, which shall include a description of safeguards 21 established by relevant agencies to ensure that such pro22 grams are not used for illicit purposes. 23 24 DISABILITY PROGRAMS SEC. 7079. (a) ASSISTANCE.--Funds appropriated by 25 this Act under the heading ``Economic Support Fund'' ·S 1725 PCS 300 1 shall be made available for programs and activities admin2 istered by the United States Agency for International De3 velopment (USAID) to address the needs and protect and 4 promote the rights of people with disabilities in developing 5 countries, including initiatives that focus on independent 6 living, economic self-sufficiency, advocacy, education, em7 ployment, transportation, sports, and integration of indi8 viduals with disabilities, including for the cost of trans9 lation. 10 (b) MANAGEMENT, OVERSIGHT, AND TECHNICAL 11 SUPPORT.--Of the funds made available pursuant to this 12 section, 5 percent may be used for USAID for manage13 ment, oversight, and technical support. 14 15 IMPACT ON JOBS IN THE UNITED STATES SEC. 7080. None of the funds appropriated or other- 16 wise made available under titles III through VI of this 17 Act or any other Act making appropriations for the De18 partment of State, foreign operations, and related pro19 grams may be obligated or expended to provide-- 20 21 22 23 24 25 (1) for fiscal year 2016, any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in ·S 1725 PCS 301 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the United States because United States production is being replaced by such enterprise outside the United States; (2) for fiscal year 2016, assistance for any program, project, or activity that contributes to the violation of internationally recognized workers rights, as defined in section 507(4) of the Trade Act of 1974, of workers in the recipient country, including any designated zone or area in that country: Provided, That the application of section 507(4)(D) and (E) of such Act should be commensurate with the level of development of the recipient country and sector, and shall not preclude assistance for the informal sector in such country, micro and small-scale enterprise, and smallholder agriculture; (3) for fiscal year 2016, any assistance to an entity outside the United States if such assistance is for the purpose of directly relocating or transferring jobs from the United States to other countries and adversely impacts the labor force in the United States; or (4) for fiscal year 2016, for the enforcement of any rule, regulation, or policy, or guidelines implemented pursuant to-- ·S 1725 PCS 302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (A) the third proviso of subsection 7079(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111­117); (B) the modification proposed by the Overseas Private Investment Corporation in November 2013 to the Corporation's Environmental and Social Policy Statement relating to coal; (C) the Supplemental Guidelines for High Carbon Intensity Projects approved by the Export-Import Bank of the United States on December 12, 2013; or (D) the World Bank Group's Directions for the World Bank Group's Energy Sector released on July 16, 2013, when enforcement of such rule, regulation, policy, or guidelines would prohibit, or have the effect of prohibiting, any coal-fired or other power-generation project the purpose of which is to increase exports of goods and services from the United States and provide affordable electricity to people who lack access to electricity, or prevent the loss of jobs in the United States. ·S 1725 PCS 303 1 2 3 COUNTRIES IMPACTED BY SIGNIFICANT REFUGEE POPULATIONS OR INTERNALLY DISPLACED PERSONS SEC. 7081. (a) PROGRAMS.--Funds appropriated by 4 this Act under the headings ``Development Assistance'' 5 and ``Economic Support Fund'' shall be made available 6 for programs to assist significant populations of internally 7 displaced persons or refugees in countries in conflict: Pro8 vided, That such funds shall be made available for pro9 grams to leverage increased assistance from donors other 10 than the United States Government for central govern11 ments and local communities in such countries: Provided 12 further, That the purposes of such assistance shall include 13 activities to-- 14 15 16 17 18 19 20 21 22 FOR (1) expand and improve host government social services and basic infrastructure to accommodate the needs of such populations and persons; (2) alleviate the social and economic strains placed on host communities; and (3) improve coordination of such assistance in a more effective and sustainable manner. (b) REPORT ON EXPANDING ACCESS TO FINANCING CERTAIN MIDDLE INCOME COUNTRIES.--Not later 23 than 90 days after enactment of this Act, the Secretary 24 of State, in consultation with the Secretary of the Treas25 ury, the Administrator of the United States Agency for ·S 1725 PCS 304 1 International Development, and the Chief Executive Offi2 cer of the Millennium Challenge Corporation (MCC), shall 3 submit a report to the Committees on Appropriations on 4 the economic and developmental impact of significant ref5 ugee populations or internally displaced persons on host 6 communities and national economies in affected countries: 7 Provided, That such report shall include-- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (1) specific recommendations for expanding access for middle income countries to grants and concessional financing on favorable terms from international financial institutions to mitigate such impacts; (2) an assessment of hybrid financial models that combine international financial institution lending programs with bilateral grant resources to accelerate development-led solutions to such impacts; and (3) an assessment of the implications for the MCC of modifying MCC eligibility requirements for new and ongoing projects that mutually benefit refugee populations and host communities in such countries: 22 Provided further, That following the submission of the re23 port, the Secretary of State shall regularly update the ap24 propriate congressional committees on implementation of 25 the recommendations in paragraph (1). ·S 1725 PCS 305 1 2 NORTH AMERICAN DEVELOPMENT BANK SEC. 7082. Part 2 of Subtitle D of title V of Public 3 Law 103­182, as amended (22 U.S.C. 290m et seq.), is 4 further amended by adding at the end thereof the fol5 lowing new section: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ``SEC. 547. FIRST CAPITAL INCREASE. ``(a) SUBSCRIPTION AUTHORIZED.-- ``(1) The Secretary of the Treasury may subscribe on behalf of the United States to 150,000 additional shares of the capital stock of the Bank. ``(2) Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Act. ``(b) LIMITATIONS PRIATIONS.-- ON AUTHORIZATION OF APPRO- ``(1) In order to pay for the increase in the United States subscription to the Bank under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $1,500,000,000 for payment by the Secretary of the Treasury. ``(2) Of the amount authorized to be appropriated under paragraph (1)-- ``(A) $225,000,000 shall be for paid in shares of the Bank; and ·S 1725 PCS 306 1 2 3 4 ``(B) $1,275,000,000 shall be callable shares of the Bank.''. COUNTRY FOCUS AND SELECTIVITY SEC. 7083. (a) TRANSITION PLAN REQUIREMENT.-- 5 Any country assistance strategy developed after the date 6 of enactment of this Act for the provision of assistance 7 for a foreign country shall include a transition plan for 8 such assistance to be provided through other international 9 donor support and budget support by the respective for10 eign government: Provided, That such transition plan shall 11 be developed by the Department of State and United 12 States Agency for International Development (USAID), in 13 consultation with such foreign government and local civil 14 society, as appropriate. 15 (b) PILOT PROGRAM.--Not later than 180 days after 16 enactment of this Act, the Secretary of State, in consulta17 tion with the USAID Administrator and the appropriate 18 congressional committees, shall develop and implement a 19 pilot program to gradually decrease assistance for at least 20 two countries receiving assistance under this Act and prior 21 Acts making appropriations for the Department of State, 22 foreign operations, and related programs that-- 23 24 (1) are historical or long-time recipients of such assistance; ·S 1725 PCS 307 1 2 3 4 5 6 (2) not engaged in regional conflict, or impacted by large numbers of internally displaced persons or significant refugee populations; and (3) are not vital to the national security interest of the United States, as determined by the Secretary of State: 7 Provided, That such gradual decrease may occur over a 8 period no longer than 5 years, and shall exclude democ9 racy programs and disaster assistance. 10 11 12 13 RESCISSION OF FUNDS (INCLUDING RESCISSION OF FUNDS) SEC. 7084. (a) BILATERAL ECONOMIC ASSISTANCE.--Of the funds appropriated in prior Acts making 14 appropriations for the Department of State, foreign oper15 ations, and related programs under the heading ``Bilateral 16 Economic Assistance, Funds Appropriated to the Presi17 dent, Economic Support Fund'', $205,125,000 are re18 scinded. 19 (b) INTERNATIONAL SECURITY ASSISTANCE.--Of the 20 funds appropriated in prior Acts making appropriations 21 for the Department of State, foreign operations, and re22 lated programs under the heading ``International Security 23 Assistance, Department of State, International Narcotics 24 Control and Law Enforcement'', $159,691,000 are re25 scinded. ·S 1725 PCS 308 1 (c) LIMITATION.--None of the amounts in this sec- 2 tion may be rescinded from amounts that were designated 3 by Congress as an emergency requirement or for Overseas 4 Contingency Operations/Global War on Terrorism pursu5 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 6 and Emergency Deficit Control Act of 1985. 7 8 9 10 11 12 13 TITLE VIII OVERSEAS CONTINGENCY OPERATIONS DEPARTMENT OF STATE ADMINISTRATION OF FOREIGN AFFAIRS DIPLOMATIC AND CONSULAR PROGRAMS (INCLUDING TRANSFER OF FUNDS) For an additional amount for ``Diplomatic and Con- 14 sular Programs'', $1,884,569,000, to remain available 15 until September 30, 2017, of which $1,300,393,000 is for 16 Worldwide Security Protection and shall remain available 17 until expended: Provided, That the Secretary of State may 18 transfer up to $10,000,000 of the total funds made avail19 able under this heading to any other appropriation of any 20 department or agency of the United States, upon the con21 currence of the head of such department or agency, to sup22 port operations in and assistance for Afghanistan and to 23 carry out the provisions of the Foreign Assistance Act of 24 1961: Provided further, That any such transfer shall be 25 treated as a reprogramming of funds under subsections ·S 1725 PCS 309 1 (a) and (b) of section 7015 of this Act and shall not be 2 available for obligation or expenditure except in compli3 ance with the procedures set forth in that section: Pro4 vided further, That such amount is designated by Congress 5 for Overseas Contingency Operations/Global War on Ter6 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal7 anced Budget and Emergency Deficit Control Act of 1985. 8 9 CONFLICT STABILIZATION OPERATIONS For an additional amount for ``Conflict Stabilization 10 Operations'', $10,000,000, to remain available until ex11 pended: Provided, That such amount is designated by 12 Congress for Overseas Contingency Operations/Global 13 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 14 the Balanced Budget and Emergency Deficit Control Act 15 of 1985. 16 17 OFFICE OF INSPECTOR GENERAL For an additional amount for ``Office of Inspector 18 General'', $66,600,000, to remain available until Sep19 tember 30, 2017, of which $56,900,000 shall be for the 20 Special Inspector General for Afghanistan Reconstruction 21 (SIGAR) for reconstruction oversight: Provided, That 22 printing and reproduction costs shall not exceed amounts 23 for such costs during fiscal year 2015: Provided further, 24 That notwithstanding any other provision of law, any em25 ployee of SIGAR who completes at least 12 months of con- ·S 1725 PCS 310 1 tinuous service after the date of enactment of this Act or 2 who is employed on the date on which SIGAR terminates, 3 whichever occurs first, shall acquire competitive status for 4 appointment to any position in the competitive service for 5 which the employee possesses the required qualifications: 6 Provided further, That such amount is designated by Con7 gress for Overseas Contingency Operations/Global War on 8 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal9 anced Budget and Emergency Deficit Control Act of 1985. 10 11 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE For an additional amount for ``Embassy Security, 12 Construction, and Maintenance'', $134,800,000, to re13 main available until expended, of which $124,000,000 14 shall be for Worldwide Security Upgrades, acquisition, and 15 construction as authorized: Provided, That such amount 16 is designated by Congress for Overseas Contingency Oper17 ations/Global War on Terrorism pursuant to section 18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 21 22 INTERNATIONAL ORGANIZATIONS CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS For an additional amount for ``Contributions to 23 International Organizations'', $52,100,000: Provided, 24 That such amount is designated by Congress for Overseas 25 Contingency Operations/Global War on Terrorism pursu- ·S 1725 PCS 311 1 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 2 and Emergency Deficit Control Act of 1985. 3 4 5 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES For an additional amount for ``Contributions for 6 International Peacekeeping Activities'', $505,000,000, to 7 remain available until September 30, 2017: Provided, 8 That such amount is designated by Congress for Overseas 9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 11 and Emergency Deficit Control Act of 1985. 12 13 14 15 RELATED AGENCY BROADCASTING BOARD OF GOVERNORS INTERNATIONAL BROADCASTING OPERATIONS For an additional amount for ``International Broad- 16 casting Operations'', $6,300,000, to remain available until 17 September 30, 2017: Provided, That such amount is des18 ignated by Congress for Overseas Contingency Operations/ 19 Global War on Terrorism pursuant to section 20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. ·S 1725 PCS 312 1 UNITED STATES AGENCY FOR INTERNATIONAL 2 3 4 5 DEVELOPMENT FUNDS APPROPRIATED TO THE PRESIDENT OPERATING EXPENSES For an additional amount for ``Operating Expenses'', 6 $139,262,000, to remain available until September 30, 7 2017: Provided, That such amount is designated by Con8 gress for Overseas Contingency Operations/Global War on 9 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 11 12 13 14 BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL DISASTER ASSISTANCE For an additional amount for ``International Disaster 15 Assistance'', $1,037,000,000, to remain available until ex16 pended: Provided, That such amount is designated by 17 Congress for Overseas Contingency Operations/Global 18 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 19 the Balanced Budget and Emergency Deficit Control Act 20 of 1985. 21 22 TRANSITION INITIATIVES For an additional amount for ``Transition Initia- 23 tives'', $20,000,000, to remain available until expended: 24 Provided, That such amount is designated by Congress for 25 Overseas Contingency Operations/Global War on Ter- ·S 1725 PCS 313 1 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 4 ECONOMIC SUPPORT FUND For an additional amount for ``Economic Support 5 Fund'', $2,019,034,000, to remain available until Sep6 tember 30, 2017: Provided, That such amount is des7 ignated by Congress for Overseas Contingency Operations/ 8 Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 12 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA For an additional amount for ``Assistance for Eu- 13 rope, Eurasia and Central Asia'', $410,869,000, to remain 14 available until September 30, 2017: Provided, That such 15 amount is designated by Congress for Overseas Contin16 gency Operations/Global War on Terrorism pursuant to 17 section 251(b)(2)(A)(ii) of the Balanced Budget and 18 Emergency Deficit Control Act of 1985. 19 20 21 DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE For an additional amount for ``Migration and Ref- 22 ugee Assistance'', $1,251,114,000, to remain available 23 until expended: Provided, That such amount is designated 24 by Congress for Overseas Contingency Operations/Global 25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of ·S 1725 PCS 314 1 the Balanced Budget and Emergency Deficit Control Act 2 of 1985. 3 4 5 6 7 INTERNATIONAL SECURITY ASSISTANCE DEPARTMENT OF STATE INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT For an additional amount for ``International Nar- 8 cotics Control and Law Enforcement'', $284,000,000, to 9 remain available until September 30, 2017: Provided, 10 That such amount is designated by Congress for Overseas 11 Contingency Operations/Global War on Terrorism pursu12 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 13 and Emergency Deficit Control Act of 1985. 14 15 16 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS For an additional amount for ``Nonproliferation, Demining and Related Programs'', 17 Anti-terrorism, 18 $262,521,000, to remain available until September 30, 19 2017: Provided, That such amount is designated by Con20 gress for Overseas Contingency Operations/Global War on 21 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985. 23 24 PEACEKEEPING OPERATIONS For an additional amount for ``Peacekeeping Oper- 25 ations'', $210,000,000, to remain available until Sep- ·S 1725 PCS 315 1 tember 30, 2017: Provided, That such amount is des2 ignated by Congress for Overseas Contingency Operations/ 3 Global War on Terrorism pursuant to section 4 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 5 Deficit Control Act of 1985. 6 7 8 FUNDS APPROPRIATED TO THE PRESIDENT FOREIGN MILITARY FINANCING PROGRAM For an additional amount for ``Foreign Military Fi- 9 nancing Program'', $1,186,868,000, to remain available 10 until September 30, 2017: Provided, That such amount 11 is designated by Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. 15 16 17 GENERAL PROVISIONS ADDITIONAL APPROPRIATIONS SEC. 8001. Notwithstanding any other provision of 18 law, funds appropriated in this title are in addition to 19 amounts appropriated or otherwise made available in this 20 Act for fiscal year 2016. 21 22 EXTENSION OF AUTHORITIES AND CONDITIONS SEC. 8002. Unless otherwise provided for in this Act, 23 the additional amounts appropriated by this title to appro24 priations accounts in this Act shall be available under the ·S 1725 PCS 316 1 authorities and conditions applicable to such appropria2 tions accounts. 3 4 TRANSFER AND ADDITIONAL AUTHORITY SEC. 8003. (a) Funds appropriated by this title in 5 this Act under the headings ``Transition Initiatives'', 6 ``Economic Support Fund'', ``Assistance for Europe, Eur7 asia and Central Asia'', ``International Narcotics Control 8 and Law Enforcement'', ``Nonproliferation, Anti-ter9 rorism, Demining and Related Programs'', ``Peacekeeping 10 Operations'', and ``Foreign Military Financing Program'' 11 may be transferred to, and merged with-- 12 13 14 15 16 17 (1) funds appropriated by this title under such headings; and (2) funds appropriated by this title under the headings ``International Disaster Assistance'' and ``Migration and Refugee Assistance''. (b) Notwithstanding any other provision of this sec- 18 tion, not to exceed $15,000,000 from funds appropriated 19 under the headings ``International Narcotics Control and 20 Law Enforcement'', ``Peacekeeping Operations'', and 21 ``Foreign Military Financing Program'' by this title in this 22 Act may be transferred to, and merged with, funds pre23 viously made available under the heading ``Global Security 24 Contingency Fund'': Provided, That not later than 15 25 days prior to making any such transfer, the Secretary of ·S 1725 PCS 317 1 State shall notify the Committees on Appropriations on 2 a country basis, including the implementation plan and 3 timeline for each proposed use of such funds. 4 (c) The transfer authority provided in subsections (a) 5 and (b) may only be exercised to address contingencies. 6 (d) The transfer authority provided in subsections (a) 7 and (b) shall be subject to prior consultation with, and 8 the regular notification procedures of, the Committees on 9 Appropriations: Provided, That such transfer authority is 10 in addition to any transfer authority otherwise available 11 under any other provision of law, including section 610 12 of the Foreign Assistance Act of 1961 which may be exer13 cised by the Secretary of State for the purposes of this 14 title. 15 16 DESIGNATION REQUIREMENT SEC. 8004. Each amount designated in this title of 17 this Act by Congress for Overseas Contingency Oper18 ations/Global War on Terrorism pursuant to section 19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985 shall be available (or re21 scinded, if applicable) only if the President subsequently 22 so designates all such amounts and transmits such des23 ignations to Congress. ·S 1725 PCS 318 1 2 3 RESCISSION OF FUNDS SEC. 8005. (a) BILATERAL ECONOMIC ASSISTANCE.--Of the funds appropriated in prior Acts making 4 appropriations for the Department of State, foreign oper5 ations, and related programs under the heading ``Bilateral 6 Economic Assistance, Funds Appropriated to the Presi7 dent, Economic Support Fund'' and designated by Con8 gress for Overseas Contingency Operations/Global War on 9 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985, 11 $194,540,000 are rescinded. 12 (b) INTERNATIONAL SECURITY ASSISTANCE.--Of the 13 funds appropriated in prior Acts making appropriations 14 for the Department of State, foreign operations, and re15 lated programs under the heading ``International Security 16 Assistance, Department of State, International Narcotics 17 Control and Law Enforcement'' and designated by Con18 gress for Overseas Contingency Operations/Global War on 19 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985, 21 $27,497,000 are rescinded. ·S 1725 PCS 319 1 2 3 4 5 6 TITLE IX HUMANITARIAN EMERGENCY RESPONSE BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL DISASTER ASSISTANCE For an additional amount for ``International Disaster 7 Assistance'', $298,000,000, to remain available until ex8 pended, for necessary expenses to address humanitarian 9 crises globally: Provided, That of the funds appropriated 10 under this heading, up to $150,000,000 may be made 11 available for assistance for Nepal for earthquake relief, re12 covery, and reconstruction: Provided further, That such 13 amount is designated by Congress as an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 16 17 MIGRATION AND REFUGEE ASSISTANCE For an additional amount for ``Migration and Ref- 18 ugee Assistance'', $461,000,000, to remain available until 19 expended, for necessary expenses to address humanitarian 20 crises globally: Provided, That such amount is designated 21 by Congress as an emergency requirement pursuant to 22 section 251(b)(2)(A)(i) of the Balanced Budget and 23 Emergency Deficit Control Act of 1985. ·S 1725 PCS 320 1 2 3 GENERAL PROVISIONS ADDITIONAL APPROPRIATIONS SEC. 9001. Notwithstanding any other provision of 4 law, funds appropriated in this title are in addition to 5 amount appropriated or otherwise made available in this 6 Act for fiscal year 2016. 7 8 EXTENSION OF AUTHORITY AND CONDITIONS SEC. 9002. Unless otherwise provided for in this Act, 9 the additional amounts appropriated by this title to appro10 priations accounts in this Act shall be available under the 11 authorities and conditions applicable to such appropria12 tions accounts. 13 14 TRANSFER AUTHORITY SEC. 9003. Funds appropriated by this title in this 15 Act under the headings ``International Disaster Assist16 ance'' and ``Migration and Refugee Assistance'' may be 17 transferred to, and merged with, funds appropriated by 18 this title under such headings, subject to the regular noti19 fication procedures of the Committees on Appropriations. 20 21 REPORTING REQUIREMENT SEC. 9004. Not later than September 30, 2016, the 22 Secretary of State shall submit a report to the Committees 23 on Appropriations on the uses of such funds, including un24 obligated and unexpended balances, as appropriate. ·S 1725 PCS 321 1 2 DESIGNATION REQUIREMENT SEC. 9005. Each amount designated in this title of 3 this Act by Congress as an emergency requirement pursu4 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 5 Emergency Deficit Control Act of 1985 shall be available 6 only if the President subsequently so designates all such 7 amounts and transmits such designations to Congress. 8 9 10 11 12 13 14 TITLE X OTHER MATTERS MULTILATERAL ASSISTANCE INTERNATIONAL MONETARY PROGRAMS UNITED STATES QUOTA, INTERNATIONAL MONETARY FUND DIRECT LOAN PROGRAM ACCOUNT For an increase in the United States quota in the 15 International Monetary Fund, the dollar equivalent of 16 40,871,800,000 Special Drawing Rights, to remain avail17 able until expended: Provided, That notwithstanding the 18 provisos under the heading ``International Assistance Pro19 grams--International Monetary Programs--United 20 States Quota, International Monetary Fund'' in the Sup21 plemental Appropriations Act, 2009 (Public Law 111­32), 22 the costs of the amounts provided under this heading in 23 this Act and in Public Law 111­32 shall be estimated on 24 a present value basis, excluding administrative costs and 25 any incidental effects on governmental receipts or outlays: ·S 1725 PCS 322 1 Provided further, That for purposes of the previous pro2 viso, the discount rate for purposes of the present value 3 calculation shall be the appropriate interest rate on mar4 ketable Treasury securities: Provided further, That section 5 251(b)(2)(A) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985, as amended, shall not apply 7 to amounts under this heading. 8 9 10 11 LOANS TO THE INTERNATIONAL MONETARY FUND DIRECT LOAN PROGRAM ACCOUNT (INCLUDING RESCISSION OF FUNDS) Of the amounts provided under the heading ``Inter- 12 national Assistance Programs--International Monetary 13 Programs--Loans to International Monetary Fund'' in 14 the Supplemental Appropriations Act, 2009 (Public Law 15 111­32), the dollar equivalent of 40,871,800,000 Special 16 Drawing Rights is hereby permanently cancelled as of the 17 date when the rollback of the United States credit ar18 rangement in the New Arrangements to Borrow of the 19 International Monetary Fund is effective, but no earlier 20 than when the increase of the United States quota author21 ized in section 72 of the Bretton Woods Agreements Act 22 (22 U.S.C. 286 et seq.) becomes effective: Provided, That 23 notwithstanding the second through fourth provisos under 24 the heading ``International Assistance Programs--Inter25 national Monetary Programs--Loans to International ·S 1725 PCS 323 1 Monetary Fund'' in Public Law 111­32, the costs of the 2 amounts under this heading in this Act and in Public Law 3 111­32 shall be estimated on a present value basis, ex4 cluding administrative costs and any incidental effects on 5 governmental receipts or outlays: Provided further, That 6 for purposes of the previous proviso, the discount rate for 7 purposes of the present value calculation shall be the ap8 propriate interest rate on marketable Treasury securities: 9 Provided further, That section 251(b)(2)(A) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985, 11 as amended, shall not apply to amounts under this head12 ing. 13 14 15 16 GENERAL PROVISIONS AMENDMENTS TO THE BRETTON WOODS AGREEMENTS ACT SEC. 10001. (a) Section 17 of the Bretton Woods 17 Agreements Act (22 U.S.C. 286e­2) is amended in sub18 sections (b)(1) and (b)(2) by adding at the end in both 19 subsections, after ``Fund'', ``only to the extent that such 20 amounts are not subject to cancellation''. 21 (b) The Bretton Woods Agreements Act (22 U.S.C. 22 286 et seq.) is amended by adding at the end the fol23 lowing: ·S 1725 PCS 324 1 2 3 ``SEC. 71. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF AGREEMENT OF THE FUND. ``The United States Governor of the Fund may ac- 4 cept the amendments to the Articles of Agreement of the 5 Fund as proposed in resolution 66­2 of the Board of Gov6 ernors of the Fund. 7 8 ``SEC. 72. QUOTA INCREASE. ``(a) IN GENERAL.--The United States Governor of 9 the Fund may consent to an increase in the quota of the 10 United States in the Fund equivalent to 40,871,800,000 11 Special Drawing Rights. 12 ``(b) SUBJECT TO APPROPRIATIONS.--The authority 13 provided by subsection (a) shall be effective only to such 14 extent or in such amounts as are provided in advance in 15 appropriations Acts.''. 16 This Act may be cited as the ``Department of State, 17 Foreign Operations, and Related Programs Appropria18 tions Act, 2016''. ·S 1725 PCS Calendar No. 144 114TH CONGRESS 1ST SESSION S. 1725 [Report No. 114­79] A BILL Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2016, and for other purposes. JULY 9, 2015 Read twice and placed on the calendar