Library / Laws / 113th / s / S. 2499 / Placed on Calendar (Senate)
II
Calendar No. 435
113th CONGRESS
2d Session
S. 2499
[Report No. 113–195]
IN THE SENATE OF THE UNITED STATES
June 19, 2014Mr. Leahy, from the
Committee on
Appropriations, reported the following original bill; which
was read twice and placed on the calendar
A BILL
Making appropriations for the Department of State,
foreign operations, and related programs for the fiscal year ending September
30, 2015, and for other purposes.
That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the
Department
of State, foreign operations, and related programs for the fiscal year
ending
September 30, 2015, and for other purposes, namely:
I
Department of State and Related
Agency
Department of
state
Administration of foreign
affairs
Diplomatic and consular
programs
(including transfer of funds)
For necessary expenses of the Department of
State and the Foreign Service not otherwise provided for,
$6,460,639,000, of which
up to $695,000,000 may remain available until
September 30, 2016, and of which up to
$2,128,115,000 may remain available until
expended for Worldwide Security Protection:
Provided, That funds made available
under this heading shall be allocated in accordance with paragraphs (1) through
(4) as follows:
(1)
Human resources
For necessary expenses for training, human
resources management, and salaries, including employment without regard to
civil service and classification laws of persons on a temporary basis (not
to
exceed $700,000), as authorized by section 801
of the United States Information and Educational Exchange Act of 1948,
$2,270,036,000, of which up to
$331,885,000 is for Worldwide Security
Protection and of which not less than
$1,500,000 is for human rights
vetting.
(2)
Overseas programs
For necessary expenses for the regional
bureaus of the Department of State and overseas activities as authorized
by
law, $1,595,805,000.
(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, $780,860,000, of which not less
than $3,500,000 is for human rights vetting.
(4)
Security programs
For necessary expenses for security
activities, $1,813,938,000, of which up to
$1,796,230,000 is for Worldwide Security
Protection.
(5)
Fees and payments collected
In addition to amounts otherwise made
available under this heading—
(A) not to exceed
$1,806,600 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, and, in addition, as authorized by section 5 of such Act,
$533,000, 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 the United
States Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended,
may be credited to this appropriation from fees or other payments received
from
English teaching, library, motion pictures, and publication programs and
from
fees from educational advising and counseling and exchange visitor
programs;
and
(C) not to exceed
$15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House facilities.
(6)
Transfer, reprogramming, and other
matters
(A) Notwithstanding any provision of this Act,
funds may be reprogrammed within and between paragraphs (1) through (4)
under
this heading subject to section 7015 of this Act.
(B) Of the amount made available under this
heading, not to exceed $10,000,000 may be
transferred to, and merged with, funds made available by this Act under
the
heading Emergencies in the Diplomatic and Consular Service, to
be available only for emergency evacuations and rewards, as authorized.
(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 31 U.S.C. 1108(g), for the field
examination of programs and activities in the United States funded from
any
account contained in this title.
(D) Of the funds appropriated under this
heading, up to $23,500,000, to remain available
until expended, shall be for Conflict Stabilization Operations 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.
(E) Of the amount made available under this
heading, not to exceed $1,000,000 may be used to
make grants to carry out the activities of the Cultural Antiquities Task
Force.
capital investment fund
For necessary expenses of the Capital
Investment Fund, $56,400,000, to remain
available until expended, as authorized.
Office of inspector general
For necessary expenses of the Office of
Inspector General, $73,400,000, notwithstanding
section 209(a)(1) of the Foreign Service Act of
1980 (Public Law 96–465), as it relates to post inspections:
Provided, That of the funds
appropriated under this heading, $11,000,000 may
remain available until September 30, 2016.
Educational and cultural exchange
programs
For expenses of
educational and cultural exchange programs, as authorized,
$590,770,000, to remain available until
expended:
Provided, That fees or other
payments received from, or in connection with, English teaching, educational
advising and counseling programs, and exchange visitor programs as authorized
may be credited to this account, to remain available until expended:
Provided further, That
a portion of the Fulbright awards from the Eurasia and Central Asia regions
shall be designated as Edmund S. Muskie Fellowships, following consultation
with the Committees on Appropriations:
Provided further, That
not later than 45 days after enactment of this Act, the Secretary of State
shall submit a report to the Committees on Appropriations detailing
modifications made to existing educational and cultural exchange programs since
calendar year 2013, including for special academic and special professional and
cultural exchanges:
Provided further, That
any further modifications to such programs shall be subject to prior
consultation with, and the regular notification procedures of, the Committees
on Appropriations: Provided further, That notwithstanding 22 CFR 62.32(h)(16), the Secretary of State shall permit participants in the
Summer Work Travel program who are admitted under section 101(a)(15)(J) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) to be
employed in seafood processing positions, until September 30, 2015, if
such placements comply with all requirements of such program.
Representation expenses
For representation expenses as authorized,
$8,030,000.
Protection of foreign missions and
officials
For expenses, not
otherwise provided, to enable the Secretary of State to provide for
extraordinary protective services, as authorized,
$30,036,000, to remain available until September
30, 2016.
Embassy security, construction, and
maintenance
For necessary
expenses for carrying out the Foreign Service Buildings Act of 1926 (22 U.S.C.
292–303), preserving, maintaining, repairing, and planning for buildings that
are owned or directly leased by the Department of State, renovating, in
addition to funds otherwise available, the Harry S Truman Building, and
carrying out the Diplomatic Security Construction Program as authorized,
$799,400,000, to remain available until expended
as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation expenses as authorized:
Provided, That none of the funds
appropriated in this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies. In addition, for the costs of worldwide
security upgrades, acquisition, and construction as authorized,
$1,217,500,000, to remain available until
expended:
Provided, That not later than 45
days after enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made available
under this heading and the actual and anticipated proceeds of sales for all
projects in fiscal year 2015.
Emergencies in the diplomatic
and consular service
For necessary expenses to enable the
Secretary of State to meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $7,900,000, to remain
available until expended as authorized, of which not to exceed
$1,000,000 may be transferred to, and merged
with, funds appropriated by this Act under the heading Repatriation
Loans Program Account, subject to the same terms and
conditions.
Repatriation loans program
account
For the cost of direct loans,
$1,300,000, as authorized:
Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided
further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,469,136.
payment to the american institute in
taiwan
For necessary expenses
to carry out the Taiwan Relations Act (Public Law 96–8),
$30,000,000.
Payment to the foreign service retirement
and disability fund
For
payment to the Foreign Service Retirement and Disability Fund, as authorized,
$158,900,000.
International
organizations
Contributions to international
organizations
For necessary
expenses, not otherwise provided for, to meet annual obligations of membership
in international multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions or specific Acts
of Congress, $1,440,524,000:
Provided, That the Secretary of
State shall, at the time of the submission of the President's budget to
Congress under section 1105(a) of title 31, United States Code, transmit to the
Committees on Appropriations the most recent biennial budget prepared by the
United Nations for the operations of the United Nations:
Provided further, That
the Secretary of State shall notify the Committees on Appropriations at least
15 days in advance (or in an emergency, as far in advance as is practicable) of
any United Nations action to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the United Nations
budget:
Provided further, That not later than May 15, 2015,
the Secretary of State shall report to the Committees on Appropriations any
credits available to the United States, including from the United Nations Tax
Equalization Fund (TEF), and provide updated fiscal year 2016 assessment costs
including offsets from available TEF credits and updated foreign currency
exchange rates:
Provided further, That
any such credits shall only be available for United States assessed
contributions to the United Nations and shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That
any payment of arrearages under this heading shall be directed toward
activities that are mutually agreed upon by the United States and the
respective international organization:
Provided further, That
none of the funds appropriated under this heading shall be available for a
United States contribution to an international organization for the United
States share of interest costs made known to the United States Government by
such organization for loans incurred on or after October 1, 1984, through
external borrowings: Provided further, That the Secretary of State shall review the budgetary and personnel procedures of each
organization funded under this heading and, not later than 180 days after
enactment of this Act, submit a report to the Committees on Appropriations
on the extent to which, for each such organization, unnecessary
administrative costs are eliminated and personnel practices are
transparent and merit-based.
International Commissions
For necessary expenses, not otherwise
provided for, to meet obligations of the United States arising under treaties,
or specific Acts of Congress, as follows:
International boundary and water
commission, united states and mexico
For necessary expenses for the United States
Section of the International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for
representation expenses; as follows:
Salaries and expenses
For salaries and expenses, not otherwise
provided for,
$45,415,000.
Construction
For detailed plan preparation and
construction of authorized projects,
$26,461,000, to remain available until expended,
as authorized.
American sections, international
commissions
For necessary
expenses, not otherwise provided, for the International Joint Commission and
the International Boundary Commission, United States and Canada, as authorized
by treaties between the United States and Canada or Great Britain, and the
Border Environment Cooperation Commission as authorized by Public Law 103–182,
$12,561,000:
Provided, That of the amount
provided under this heading for the International Joint Commission,
up to $500,000 may remain available until September 30, 2016, and $9,000 may be
made available for representation
expenses.
International fisheries
commissions
For necessary
expenses for international fisheries commissions, not otherwise provided for,
as authorized by law, $37,180,000:
Provided, That the United States
share of such expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324.
related
agency
Broadcasting board of
governors
International broadcasting
operations
For necessary
expenses to enable the Broadcasting Board of Governors (BBG), as authorized, to
carry out international communication activities, and to make and supervise
grants for radio and television broadcasting to the Middle East,
$716,460,000:
Provided, That in addition to
amounts otherwise available for such purposes, up to
$26,525,000 of the amount appropriated under
this heading for satellite transmissions and related costs shall remain
available until expended, and not less than
$12,500,000 of the amount appropriated under
this heading shall be for Internet freedom programs and shall remain available
until expended:
Provided further,
That of the total amount appropriated under this heading, not to exceed
$35,000 may be used for representation expenses,
of which $10,000 may be used for representation
expenses within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses
of Radio Free Europe/Radio Liberty:
Provided further, That
the authority provided by section 504(c) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 6206 note) shall remain in
effect through September 30, 2015:
Provided further, That
the BBG shall notify the Committees on Appropriations within 15 days of any
determination by the Board that any of its broadcast entities, including its
grantee organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation of the
principles and standards set forth in subsections (a) and (b) of section 303 of
the United States International Broadcasting Act of 1994 (22 U.S.C. 6202) or
the entity’s journalistic code of ethics:
Provided further, That
significant modifications to BBG broadcast hours previously justified to
Congress, including changes to transmission platforms (shortwave, medium wave,
satellite, Internet, and television), for all BBG language services shall be
subject to the regular notification procedures of the Committees on
Appropriations:
Provided further, That
in addition to funds made available under this heading, and notwithstanding any
other provision of law, up to $5,000,000 in
receipts from advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating
international organizations, and up to
$1,000,000 in receipts from privatization
efforts of the Voice of America and the International Broadcasting Bureau,
shall remain available until expended for carrying out authorized
purposes.
Broadcasting capital
improvements
For the purchase,
rent, construction, repair, preservation, and improvement of facilities for
radio, television, and digital transmission and reception; the purchase, rent,
and installation of necessary equipment for radio, television, and digital
transmission and reception, including to Cuba, as authorized; and physical
security worldwide, in addition to amounts otherwise available for such
purposes, $4,800,000, to remain available until
expended, as authorized.
Related
programs
The asia foundation
For a grant to The Asia Foundation, as
authorized by The Asia Foundation Act (22 U.S.C. 4402),
$17,000,000, to remain available until expended,
as authorized.
United States Institute of
Peace
For necessary expenses
of the United States Institute of Peace, as authorized by the United States
Institute of Peace Act, $37,000,000, to remain
available until September 30, 2016, which shall not be used for construction
activities:
Provided, That notwithstanding
section 1705(h)(3) of the United States Institute of Peace Act, the United
States Institute of Peace may use non-appropriated funds to pay the
salary-related costs of senior executives above the limitation on
appropriations for basic salary-related costs in section
7034(w) of this Act.
Center for Middle Eastern-Western Dialogue
Trust Fund
For necessary
expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as
authorized by section 633 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
the total amount of the interest and earnings accruing to such Fund on or
before September 30, 2015, to remain available until
expended.
Eisenhower exchange fellowship
program
For necessary expenses
of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4
and 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205),
all interest and earnings accruing to the Eisenhower Exchange Fellowship
Program Trust Fund on or before September 30, 2015, to remain available until
expended:
Provided, That none of the funds
appropriated herein shall be used to pay any salary or other compensation, or
to enter into any contract providing for the payment thereof, above the
rate payable for level IV of the Executive Schedule under section 5315 of
title 5, United States Code; or for purposes which are not in accordance
with OMB Circulars A–110 (Uniform Administrative Requirements) and A–122 (Cost
Principles for Non-profit Organizations), including the restrictions on
compensation for personal services.
Israeli arab scholarship
program
For necessary expenses
of the Israeli Arab Scholarship Program, as authorized by section 214 of the
Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings accruing
to the Israeli Arab Scholarship Fund on or before September 30, 2015, to remain
available until expended.
East-West center
To enable the Secretary of State to provide
for carrying out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in the State of
Hawaii, $16,700,000.
national endowment for
democracy
For grants made by
the Department of State to the National Endowment for Democracy, as authorized
by the National Endowment for Democracy Act,
$135,000,000, to remain available until
expended, of which $100,000,000 shall be
allocated in the traditional and customary manner, including for the core
institutes, and $35,000,000 shall be for
democracy, human rights, and rule of law
programs.
other
commissions
commission for the preservation of
america’s heritage abroad
salaries and expenses
For necessary expenses for the Commission
for the Preservation of America’s Heritage Abroad,
$644,000, as authorized by section 1303 of
Public Law 99–83: Provided, That the Commission may procure temporary, intermittent, and other services notwithstanding
paragraph (3) of section 1303(g) of Public Law 99–83 (16 U.S.C. 469j): Provided further, That such authority shall terminate on October 1, 2015: Provided further, That the Commission shall consult with the Committees on Appropriations prior to exercising such
authority.
United states commission on international
religious freedom
Salaries and expenses
For necessary expenses for the United States
Commission on International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105–292), as amended,
$3,500,000, including not more than
$4,000 for representation expenses:
Provided, That if the United States
Commission on International Religious Freedom is authorized beyond September
30, 2015, this amount will remain available until September 30,
2016.
Commission on Security and Cooperation in
Europe
Salaries and expenses
For necessary expenses of the Commission on
Security and Cooperation in Europe, as authorized by Public Law 94–304,
$2,579,000, including not more than
$4,000 for representation expenses, to remain
available until September 30, 2016.
Congressional-Executive Commission on the
People's Republic of China
Salaries and expenses
For necessary expenses of the
Congressional-Executive Commission on the People's Republic of China, as
authorized by title III of the U.S.-China Relations Act of 2000 (22 U.S.C.
6911–6919), $2,000,000, including not more than
$3,000 for representation expenses, to remain
available until September 30, 2016.
United States-China Economic and Security
Review Commission
salaries and expenses
For necessary expenses of the United
States-China Economic and Security Review Commission, as authorized by section
1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (22 U.S.C. 7002), $3,500,000, including not
more than $4,000 for representation expenses, to
remain available until September 30, 2016:
Provided, That the authorities,
requirements, limitations, and conditions contained in the second through sixth
provisos under this heading in division F of Public Law 111–117 shall continue
in effect during fiscal year 2015 and shall apply to funds appropriated under
this heading as if included in this
Act.
II
United states agency for international
development
Funds appropriated to the
president
Operating
expenses
For necessary expenses to carry out the
provisions of section 667 of the Foreign Assistance Act of 1961,
$1,170,614,000, of which
up to $175,500,000 may remain available until
September 30, 2016:
Provided, That none of the funds
appropriated under this heading and under the heading Capital Investment
Fund in this title may be made available to finance the construction
(including architect and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International Development
(USAID), unless the USAID Administrator has identified such proposed use of
funds in a report submitted to the Committees on Appropriations at least 15
days prior to the obligation of funds for such purposes:
Provided further, That
contracts or agreements entered into with funds appropriated under this heading
may entail commitments for the expenditure of such funds through the following
fiscal year:
Provided further, That
the authority of sections 610 and 109 of the Foreign Assistance Act of 1961 may
be exercised by the Secretary of State to transfer funds appropriated to carry
out chapter 1 of part I of such Act to Operating Expenses in
accordance with the provisions of those sections:
Provided further, That
of the funds appropriated or made available under this heading, not to exceed
$250,000 may be available for representation and
entertainment expenses, of which not to exceed
$5,000 may be available for entertainment
expenses, for USAID during the current fiscal
year.
Capital investment fund
For necessary expenses for overseas
construction and related costs, and for the procurement and enhancement of
information technology and related capital investments, pursuant to section 667
of the Foreign Assistance Act of 1961,
$130,815,000, to remain available until
expended:
Provided, That this amount is in
addition to funds otherwise available for such purposes:
Provided further, That
funds appropriated under this heading shall be available for obligation only
pursuant to the regular notification procedures of the Committees on
Appropriations.
Office of inspector general
For necessary expenses to carry out the
provisions of section 667 of the Foreign Assistance Act of 1961,
$54,038,000, of which
$8,100,000 may remain available until September
30, 2016, for the Office of Inspector General of the United States Agency for
International Development.
III
bilateral economic assistance
funds appropriated to the
president
For necessary
expenses to enable the President to carry out the provisions of the Foreign
Assistance Act of 1961, and for other purposes, as
follows:
Global health
programs
(including transfer of
funds)
For necessary expenses to carry out the
provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds otherwise available
for such purposes, $2,769,000,000, to remain
available until September 30, 2016, and which shall be apportioned directly to
the United States Agency for International Development (USAID):
Provided, That this amount shall be
made available as provided for in the first proviso
under this heading in division K of Public Law 113–76, and for disaster
preparedness to safeguard public health:
Provided further, That
funds appropriated under this paragraph may be made available for a United
States contribution to the GAVI Alliance:
Provided further, That
none of the funds made available in this Act nor any unobligated balances from
prior appropriations Acts may be made available to any organization or program
which, as determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or involuntary
sterilization:
Provided further, That
any determination made under the previous proviso must be made not later than 6
months after the date of enactment of this Act, and must be accompanied by the
evidence and criteria utilized to make the determination:
Provided further, That
none of the funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to motivate or coerce
any person to practice abortions:
Provided further, That
nothing in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign Assistance Act
of 1961:
Provided further, That
none of the funds made available under this Act may be used to lobby for or
against abortion:
Provided further, That
the eighth and ninth provisos under this heading in division K of Public Law
113–76 shall apply to funds appropriated under this heading in this Act:
Provided further, That
for purposes of this or any other Act authorizing or appropriating funds for
the Department of State, foreign operations, and related programs, the term
motivate, as it relates to family planning assistance, shall not
be construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options:
Provided further, That
information provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be medically
accurate and shall include the public health benefits and failure rates of such
use. In addition, for necessary expenses to carry
out the provisions of the Foreign Assistance Act of 1961 for the prevention,
treatment, and control of, and research on, HIV/AIDS,
$5,370,000,000, to remain available until
September 30, 2019, which shall be apportioned directly to the Department of
State:
Provided, That
funds appropriated under this paragraph may be made available, notwithstanding
any other provision of law, except for the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108–25), as amended,
for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis
and Malaria (Global Fund), and shall be expended at the minimum rate necessary
to make timely payment for projects and activities:
Provided further, That
the amount of such contribution should be
$1,350,000,000:
Provided further, That
up to 5 percent of the aggregate amount of funds made available to the Global
Fund in fiscal year 2015 may be made available to USAID for technical
assistance related to the activities of the Global Fund:
Provided further, That
of the funds appropriated under this paragraph, up to
$14,250,000 may be made available, in addition
to amounts otherwise available for such purposes, for administrative expenses
of the Office of the United States Global AIDS
Coordinator.
Development
assistance
For necessary expenses to carry out the
provisions of sections 103, 105, 106, 214, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$2,421,964,000, to remain available until
September 30, 2016:
Provided, That of the funds
appropriated under this heading, not less than
$23,000,000 shall be made available for the
American Schools and Hospitals Abroad program, not less than
$11,000,000 shall be made available for
cooperative development programs of the United States Agency for International
Development (USAID), and not less than $5,000,000 shall
be made available for grants to indigenous peoples organizations and decisions
about the use of such funds shall be the responsibility of the Advisor
for Indigenous Peoples Issues, USAID:
Provided further, That
in addition to funds otherwise available for such purposes, up to
$15,000,000 of the funds appropriated under this
heading that are used for grants focused on science, technology, or innovation
and designed to improve development outcomes in any sector may be made
available pursuant to chapter 1 of part I of the Foreign Assistance Act of
1961.
International disaster
assistance
For necessary
expenses to carry out the provisions of section 491 of the
Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and reconstruction assistance,
$660,000,000, to remain available until
expended.
Transition initiatives
For necessary expenses for international
disaster rehabilitation and reconstruction assistance administered by the
Office of Transition Initiatives, United States Agency for International
Development (USAID), pursuant to section 491 of the Foreign Assistance Act of
1961, $67,000,000, to remain available until
expended, to support transition to democracy and long-term development for
countries in crisis:
Provided, That such support may
include assistance to develop, strengthen, or preserve democratic institutions
and processes, revitalize basic infrastructure, and foster the peaceful
resolution of conflict:
Provided further, That
USAID shall submit a report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance:
Provided further, That
if the Secretary of State determines that it is important to the national
interests of the United States to provide transition assistance in excess of
the amount appropriated under this heading, up to
$15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign Assistance Act of 1961
may be used for purposes of this heading and under the authorities applicable
to funds appropriated under this heading:
Provided further, That
funds made available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on
Appropriations.
COMPLEX CRISES FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 to support
programs and activities to prevent or respond to emerging or unforeseen
foreign challenges and complex crises overseas, $25,000,000, to remain
available until expended: Provided, That funds appropriated under this heading may be made available on such terms and conditions as
are appropriate and necessary for the purposes of preventing or responding
to such challenges and crises, except that no funds shall be made
available for lethal assistance or to respond to natural disasters: Provided further, That funds appropriated under this heading may be made available notwithstanding any other
provision of law, except sections 7007, 7008, and 7018 of this Act and
section 620M of the Foreign Assistance Act of 1961: Provided further, That funds appropriated under this heading may be used for administrative expenses, in addition
to funds otherwise made available for such purposes, except that such
expenses may not exceed 5 percent of the funds appropriated under this
heading: Provided further, That funds appropriated under this heading shall be subject to the regular notification
procedures of the Committees on Appropriations, except that such
notifications shall be transmitted at least 5 days prior to the obligation
of funds.
development credit
authority
(including transfer of funds)
For the cost of direct loans and loan
guarantees provided by the United States Agency for International Development
(USAID), as authorized by sections 256 and 635 of the Foreign Assistance Act of
1961, up to $40,000,000 may be derived by
transfer from funds appropriated by this Act to carry out part I of such Act:
Provided, That funds provided under
this paragraph and funds provided as a gift that are used for purposes of this
paragraph pursuant to section 635(d) of the Foreign Assistance Act of 1961
shall be made available only for micro- and small enterprise programs, urban
programs, and other programs which further the purposes of part I of such Act:
Provided further, That
such costs, including the cost of modifying such direct and guaranteed loans,
shall be as defined in section 502 of the Congressional Budget Act of 1974, as
amended:
Provided further, That
funds made available by this paragraph may be used for the cost of modifying
any such guaranteed loans under this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related programs, and
funds used for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations:
Provided further, That
the provisions of section 107A(d) (relating to general provisions applicable to
the Development Credit Authority) of the Foreign Assistance Act of 1961, as
contained in section 306 of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable to direct loans and
loan guarantees provided under this heading, except that the principal amount
of loans made or guaranteed under this heading with respect to any single
country shall not exceed $300,000,000:
Provided further, That
these funds are available to subsidize total loan principal, any portion of
which is to be guaranteed, of up to
$2,000,000,000. In addition, for administrative expenses to
carry out credit programs administered by USAID,
$8,200,000, which may be transferred to, and
merged with, funds made available under the heading Operating
Expenses in title II of this Act:
Provided, That funds made available
under this heading shall remain available until September 30,
2017.
Economic support
fund
(including transfer of
funds)
For necessary expenses to carry out the
provisions of chapter 4 of part II of the Foreign Assistance Act of 1961,
$2,540,475,000, to remain available until
September 30, 2016.
Democracy
fund
For necessary expenses to carry out the
provisions of the Foreign Assistance Act of
1961 for the promotion of democracy globally,
$130,500,000, to remain available until
September 30, 2016, of which $80,500,000 shall
be made available for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor, Department of State, and
$50,000,000 shall be made available for the
Bureau for Democracy, Conflict, and Humanitarian Assistance, United States
Agency for International Development.
Department of
State
Migration and refugee
assistance
For necessary
expenses not otherwise provided for, to enable the Secretary of State to carry
out the provisions of section 2(a) and (b) of the Migration and Refugee
Assistance Act of 1962, and other activities to meet refugee and migration
needs; salaries and expenses of personnel and dependents as authorized by the
Foreign Service Act of 1980; allowances as authorized by sections 5921 through
5925 of title 5, United States Code; purchase and hire of passenger motor
vehicles; and services as authorized by section 3109 of title 5, United States
Code, $1,039,000,000, to remain available until
expended, of which not less than $35,000,000
shall be made available to respond to small-scale emergency humanitarian
requirements:
Provided, That
$10,000,000 of the funds appropriated under this
heading shall be made available for refugees resettling in
Israel.
united states emergency refugee and
migration assistance fund
For
necessary expenses to carry out the provisions of section 2(c) of the Migration
and Refugee Assistance Act of 1962, as amended (22 U.S.C. 2601(c)),
$50,000,000, to remain available until
expended.
independent
agencies
Peace corps
(including transfer of
funds)
For necessary expenses to carry out the
provisions of the Peace Corps Act (22 U.S.C. 2501–2523), including the purchase
of not to exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $380,000,000,
of which $5,000,000 is for the Office of
Inspector General, to remain available until September 30, 2016:
Provided, That the Director of the
Peace Corps may transfer to the Foreign Currency Fluctuations Account, as
authorized by 22 U.S.C. 2515, an amount not to exceed
$5,000,000:
Provided further, That
funds transferred pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations:
Provided further, That
of the funds appropriated under this heading, not to exceed
$104,000 may be available for representation
expenses, of which not to exceed $4,000 may be
made available for entertainment expenses:
Provided further, That
any decision to open, close, significantly reduce, or suspend a domestic or
overseas office or country program shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on Appropriations,
except that prior consultation and regular notification procedures may be
waived when there is a substantial security risk to volunteers or other Peace
Corps personnel, pursuant to section 7015(e) of this Act:
Provided further, That
none of the funds appropriated under this heading shall be used to pay for
abortions:
Provided further, That
notwithstanding the previous proviso, section 614 of division C of Public Law
112–74 shall apply to funds appropriated under this
heading.
Millennium challenge
corporation
For necessary expenses to carry out the
provisions of the Millennium Challenge Act of 2003 (MCA),
$901,000,000, to remain available until
expended:
Provided, That of the funds
appropriated under this heading, up to
$105,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation (the Corporation):
Provided further, That
up to 5 percent of the funds appropriated under this heading may be made
available to carry out the purposes of section 616 of the MCA for fiscal year
2015:
Provided further, That
section 605(e) of the MCA shall apply to funds appropriated under this heading:
Provided further, That
funds appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the MCA only if such
Compact obligates, or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties to the Compact to
proceed, the entire amount of the United States Government funding anticipated
for the duration of the Compact:
Provided further, That
the Chief Executive Officer of the Corporation shall notify the Committees on
Appropriations not later than 15 days prior to commencing negotiations for any
country compact or threshold country program; signing any such compact or
threshold program; or terminating or suspending any such compact or threshold
program:
Provided further, That
funds appropriated under this heading by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs that are available to implement section 609(g) of the MCA shall be
subject to the regular notification procedures of the Committees on
Appropriations:
Provided further, That
no country should be eligible for a threshold program after such country has
completed a country compact:
Provided further, That
any funds that are deobligated from a Millennium Challenge Compact shall be
subject to the regular notification procedures of the Committees on
Appropriations prior to re-obligation:
Provided further, That
notwithstanding section 606(a)(2) of the MCA, a country shall be a candidate
country for purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World Bank's lower middle
income country threshold for the fiscal year and is among the 75 lowest per
capita income countries as identified by the World Bank; and the country meets
the requirements of section 606(a)(1)(B) of the MCA:
Provided further, That
notwithstanding section 606(b)(1) of the MCA, in addition to countries
described in the preceding proviso, a country shall be a candidate country for
purposes of eligibility for assistance for the fiscal year if the country has a
per capita income equal to or below the World Bank's lower middle income
country threshold for the fiscal year and is not among the 75 lowest per capita
income countries as identified by the World Bank; and the country meets the
requirements of section 606(a)(1)(B) of the MCA:
Provided further, That
any Millennium Challenge Corporation candidate country under section 606 of the
MCA with a per capita income that changes in the fiscal year such that the
country would be reclassified from a low income country to a lower middle
income country or from a lower middle income country to a low income country
shall retain its candidacy status in its former income classification for the
fiscal year and the 2 subsequent fiscal years:
Provided further, That
none of the funds made available by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and related
programs shall be available for a threshold program in a country that is not
currently a candidate country:
Provided further,
That of the funds appropriated under this heading, not to exceed
$100,000 may be available for representation and
entertainment expenses, of which not to exceed
$5,000 may be available for entertainment
expenses.
Inter-american foundation
For necessary expenses to carry out the
functions of the Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969,
$22,500,000, to remain available until September
30, 2016:
Provided, That of the funds
appropriated under this heading, not to exceed
$2,000 may be available for representation
expenses.
United States African development
foundation
For necessary
expenses to carry out title V of the International Security and Development
Cooperation Act of 1980 (Public Law 96–533),
$30,000,000, to remain available until September
30, 2016, of which not to exceed $2,000 may be
available for representation expenses:
Provided, That funds made available to grantees may be
invested pending expenditure for project purposes when authorized by the Board
of Directors of the United States African Development Foundation (USADF):
Provided further, That
interest earned shall be used only for the purposes for which the grant was
made:
Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the Board of Directors of the USADF may waive the
$250,000 limitation contained in that section
with respect to a project and a project may exceed the limitation by up to 10
percent if the increase is due solely to foreign currency fluctuation:
Provided further, That
the USADF shall submit a report to the Committees on Appropriations after each
time such waiver authority is exercised:
Provided further, That
the USADF may make rent or lease payments in advance from appropriations
available for such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions:
Provided further, That
the USADF may maintain bank accounts outside the United States Treasury and
retain any
interest earned on such accounts, in furtherance of the purposes of the African
Development Foundation Act: Provided further, That the USADF may not withdraw any
appropriations from the Treasury prior to the need for spending such funds for
program purposes.
department of the
treasury
international affairs technical
assistance
For necessary
expenses to carry out the provisions of section 129 of the Foreign Assistance
Act of 1961, $23,500,000, to remain available
until September 30, 2017, which shall be available notwithstanding any other
provision of law.
IV
International security assistance
Department of
State
Contributions for international
peacekeeping activities
For necessary expenses to pay assessed and other expenses of international peacekeeping activities
directed to the maintenance or restoration of international peace and
security, $1,962,555,000, of which 15 percent shall remain available until
September 30, 2016: Provided, That none of the funds made available by this Act shall be obligated or expended for any new or
expanded United Nations peacekeeping mission unless, at least 15 days in
advance of voting for the new or expanded mission in the United Nations
Security Council (or in an emergency as far in advance as is practicable),
the Committees on Appropriations are notified: (1) of the estimated cost
and duration of the mission, the national interest that will be served,
and the exit strategy; (2) that the United Nations has in place measures
to prevent United Nations employees, contractor personnel, and
peacekeeping troops serving in the mission from trafficking in persons,
exploiting victims of trafficking, or committing acts of illegal sexual
exploitation or other violations of human rights, and to bring to justice
individuals who engage in such acts while participating in the
peacekeeping mission, including prosecution in their home countries of
such individuals in connection with such acts, and to make information
about such cases publicly available in the country where an alleged crime
occurs and on the United Nations' Web site; and (3) pursuant to section
7015 of this Act and the procedures therein followed, of the source of
funds that will be used to pay the cost of the new or expanded mission: Provided further, That funds shall be available for peacekeeping expenses unless the Secretary of State determines
that American manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That the Secretary of State
shall work with the United Nations and foreign governments contributing
peacekeeping troops to implement effective vetting procedures to ensure
that such troops have not violated human rights: Provided further, That none of the funds appropriated or otherwise made available under this heading may be used
for any United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of a foreign
national, unless the President's military advisors have submitted to the
President a recommendation that such involvement is in the national
interests of the United States and the President has submitted to the
Congress such a recommendation: Provided further, That the Secretary of State shall report to the Committees on Appropriations any credits
available to the United States, including those resulting from United
Nations peacekeeping missions or the United Nations Tax Equalization Fund: Provided further, That any such credits shall only be available for United States assessed contributions to the
United Nations and shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That notwithstanding any other provision of law, funds appropriated or otherwise made available
under this heading in this Act or in division K of Public Law 113–76 that
remain available for obligation, shall be available for United States
assessed contributions up to the amount specified in the Annex
accompanying United Nations General Assembly document A/67/224/Add.1.
International narcotics control and law
enforcement
For necessary expenses to carry out section
481 of the Foreign Assistance Act of 1961,
$708,000,000, to remain available until
September 30, 2016:
Provided, That the provision of
assistance by any other United States Government department or agency which is
comparable to assistance made available under this heading but which is
provided under any other provision of law, shall be administered in accordance
with the provisions of sections 481(b) and 622(c) of the Foreign Assistance Act
of 1961:
Provided further, That in
allocating funds appropriated under this heading for international narcotics
control programs the Secretary of State shall prioritize social, economic, and judicial
reform
programs
that address the root causes of illicit drug production, trafficking,
addiction, and related violence:
Provided further, That of
the funds appropriated under this heading, not less than
$5,000,000 shall be made available to combat
piracy of United States copyright materials, consistent with the requirements
of section 688(a) and (b) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public Law 110–161):
Provided further, That
the reporting requirements contained in section 1404 of Public Law 110–252
shall apply to funds made available by this Act, including a description of
modifications, if any, to the Palestinian Authority's security strategy:
Provided further, That the
Department of State may use the authority of section 608 of the Foreign
Assistance Act of 1961, without regard to its restrictions, to receive excess
property from an agency of the United States Government for the purpose of
providing such property to a foreign country or international organization
under chapter 8 of part I of that Act, subject to the regular notification
procedures of the Committees on Appropriations:
Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading, except that any funds made available
notwithstanding such section shall be subject to the regular notification
procedures of the Committees on Appropriations.
Nonproliferation, anti-terrorism, demining
and related programs
For
necessary expenses for nonproliferation, anti-terrorism, demining and related
programs and activities, $593,775,000, to remain
available until September 30, 2016, to carry out the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the
FREEDOM Support Act, section 23 of the Arms Export Control Act or the Foreign
Assistance Act of 1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related activities,
notwithstanding any other provision of law, including activities implemented
through nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States contribution
to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission:
Provided, That for the clearance of
unexploded ordnance, the Secretary of State should prioritize those areas where
such ordnance was caused by the United States:
Provided further, That
funds made available under this heading for the Nonproliferation and
Disarmament Fund shall be available notwithstanding any other provision of law
and subject to prior consultation with, and the regular notification procedures
of, the Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament and weapons destruction,
and shall remain available until expended:
Provided further, That
such funds may also be used for such countries other than the Independent
States of the former Soviet Union and international organizations when it is in
the national security interest of the United States to do so:
Provided further, That
funds appropriated under this heading may be made available for the IAEA unless
the Secretary of State determines that Israel is being denied its right to
participate in the activities of that Agency:
Provided further, That
funds made available for conventional weapons destruction programs, including
demining and related activities, in addition to funds otherwise available for
such purposes, may be used for administrative expenses related to the operation
and management of such programs and activities.
Peacekeeping
operations
For necessary expenses to carry out the
provisions of section 551 of the Foreign Assistance Act of 1961,
$120,000,000:
Provided, That funds appropriated under
this heading may be used, notwithstanding section 660 of such Act, to provide
assistance to enhance the capacity of foreign civilian security forces,
including gendarmes, to participate in peacekeeping operations:
Provided further, That
notwithstanding the second proviso under this heading in division K of Public
Law 113–76, not less than $28,000,000 of the
funds appropriated under this heading shall be made available for a United
States contribution to the Multinational Force and Observers mission in the
Sinai, and not less than $6,000,000 of the funds
appropriated under this heading in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs may be made available to address force protection requirements:
Provided further, That
funds appropriated under this Act should not be used to support any military
training or operations that include child soldiers:
Provided further, That
none of the funds appropriated under this heading shall be obligated except as
provided through the regular notification procedures of the Committees on
Appropriations.
funds appropriated to the
president
international military education and
training
For necessary
expenses to carry out the provisions of section 541 of the Foreign Assistance
Act of 1961, $104,674,000, of which up to
$4,000,000 may remain available until September
30, 2016, and may only be provided through the regular notification procedures
of the Committees on Appropriations:
Provided, That the civilian personnel
for whom military education and training may be provided under this heading may
include civilians who are not members of a government whose participation would
contribute to improved civil-military relations, civilian control of the
military, or respect for human rights:
Provided further, That of
the funds appropriated under this heading, not to exceed
$55,000 may be available for entertainment
expenses.
Foreign military financing
program
For necessary expenses for grants to enable
the President to carry out the provisions of section 23 of the Arms Export
Control Act, $4,803,645,000:
Provided, That to expedite the
provision of assistance to foreign countries and international organizations,
the Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures of such
Committees, may use the funds appropriated under this heading to procure
defense articles and services to enhance the capacity of foreign security
forces:
Provided further, That of
the funds appropriated under this heading, not less than
$3,100,000,000 shall be available for grants
only for Israel, and funds are available for assistance for Jordan and Egypt
subject to section 7041 of this Act:
Provided further, That the
funds appropriated under this heading for assistance for Israel shall be
disbursed within 30 days of enactment of this Act:
Provided further, That to
the extent that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading shall, as agreed
by the United States and Israel, be available for advanced weapons systems, of
which not less than $815,300,000 shall be
available for the procurement in Israel of defense articles and defense
services, including research and development:
Provided further, That
none of the funds made available under this heading shall be made available to
support or continue any program initially funded under the authority of section
1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109–163; 119 Stat. 3456) unless the Secretary of State, in coordination with
the Secretary of Defense, has justified such program to the Committees on
Appropriations:
Provided further, That
funds appropriated or otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of the Arms Export
Control Act:
Provided further, That
funds made available under this heading shall be obligated upon apportionment
in accordance with paragraph (5)(C) of title 31, United States Code, section
1501(a). None of the funds made available under this
heading shall be available to finance the procurement of defense articles,
defense services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the foreign
country proposing to make such procurement has first signed an agreement with
the United States Government specifying the conditions under which such
procurement may be financed with such funds:
Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act:
Provided further, That
funds made available under this heading may be used, notwithstanding any other
provision of law, for demining, the clearance of unexploded ordnance, and
related activities, and may include activities implemented through
nongovernmental and international organizations:
Provided further, That
only those countries for which assistance was justified for the Foreign
Military Sales Financing Program in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds made available
under this heading for procurement of defense articles, defense services or
design and construction services that are not sold by the United States
Government under the Arms Export Control Act:
Provided further, That
funds appropriated under this heading shall be expended at the minimum rate
necessary to make timely payment for defense articles and services:
Provided further, That not
more than $63,945,000 of the funds appropriated
under this heading may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for use outside of
the United States, for the general costs of administering military assistance
and sales, except that this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations:
Provided further, That of
the funds made available under this heading for general costs of administering
military assistance and sales, not to exceed
$4,000 may be available for entertainment
expenses and not to exceed $130,000 may be
available for representation expenses:
Provided further, That not
more than $904,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated
for expenses incurred by the Department of Defense during fiscal year 2015
pursuant to section 43(b) of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular notification procedures of
the Committees on Appropriations.
V
Multilateral assistance
Funds appropriated to the
president
International organizations and
programs
For necessary
expenses to carry out the provisions of section 301 of the Foreign Assistance
Act of 1961, and of section 2 of the United Nations Environment Program
Participation Act of 1973, $351,000,000, of
which not less than $11,700,000 shall be made
available for the Intergovernmental Panel on Climate Change/United Nations
Framework Convention on Climate Change:
Provided, That section 307(a) of the
Foreign Assistance Act of 1961 shall not apply to contributions to the United
Nations Democracy Fund:
Provided further, That
notwithstanding any other provision of law, of the funds appropriated under this
heading up to $700,000 may be made available to the World Heritage
Fund.
International financial
institutions
Global environment facility
For payment to the International Bank for
Reconstruction and Development as trustee for the Global Environment Facility
by the Secretary of the Treasury, $136,563,000,
to remain available until expended.
Contribution to the international
development association
For payment to the International Development
Association by the Secretary of the Treasury,
$1,285,000,000, to remain available until
expended. For payment to the International Development
Association by the Secretary of the Treasury to satisfy commitments made by the
United States to support the Multilateral Debt Relief Initiative, including
through generation of early encashment credits,
$78,900,000, to remain available until
expended.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the International Bank for
Reconstruction and Development by the Secretary of the Treasury for the United
States share of the paid-in portion of the increases in capital stock,
$192,920,689, to remain available until
expended.
LIMITATION ON CALLABLE CAPITAL
SUBSCRIPTIONs
The United
States Governor of the International Bank for Reconstruction and Development
may subscribe without fiscal year limitation to the callable capital portion of
the United States share of increases in capital stock in an amount not to
exceed
$2,928,990,899.
Contribution to the clean technology
fund
For payment to the
International Bank for Reconstruction and Development as trustee for the Clean
Technology Fund by the Secretary of the Treasury,
$201,253,000, to remain available until
expended.
Contribution to the strategic climate
fund
For payment to the
International Bank for Reconstruction and Development as trustee for the
Strategic Climate Fund by the Secretary of the Treasury,
$63,184,000, to remain available until
expended.
Contribution to the inter-american
development bank
For payment to the Inter-American
Development Bank by the Secretary of the Treasury for the United States share
of the paid-in portion of the increase in capital stock,
$102,020,448, to remain available until
expended.
LIMITATION ON CALLABLE CAPITAL
SUBSCRIPTIONS
The United
States Governor of the Inter-American Development Bank may subscribe without
fiscal year limitation to the callable capital portion of the United States
share of such capital stock in an amount not to exceed
$4,098,794,833.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Multilateral Investment Fund by the Secretary of the
Treasury, $10,000,000, to remain available until expended: Provided, That such payment shall be subject to prior consultation with the Committees on Appropriations.
Contribution to the asian development
bank
For payment to the Asian
Development Bank by the Secretary of the Treasury for the United States share
of the paid-in portion of increase in capital stock,
$112,194,435, to remain available until
expended.
Limitation on callable capital
subscriptions
The United
States Governor of the Asian Development Bank may subscribe without fiscal year
limitation to the callable capital portion of the United States share of such
capital stock in an amount not to exceed
$2,558,048,769.
Contribution to the asian development
fund
For payment to the Asian
Development Fund by the Secretary of the Treasury,
$100,100,000, to remain available until
expended.
Contribution to the african development
bank
For payment to the
African Development Bank by the Secretary of the Treasury for the United States
share of the paid-in portion of the increase in capital stock,
$34,118,587, to remain available until
expended.
LIMITATION ON CALLABLE CAPITAL
SUBSCRIPTIONS
The United
States Governor of the African Development Bank may subscribe without fiscal
year limitation to the callable capital portion of the United States share of
such capital stock in an amount not to exceed
$507,860,808.
Contribution to the african development
fund
For payment to the
African Development Fund by the Secretary of the Treasury,
$175,000,000, to remain available until
expended. For payment to the African Development Fund
by the Secretary of the Treasury to satisfy commitments made by the United
States to support the Multilateral Debt Relief Initiative, including through
generation of early encashment credits,
$13,500,000, to remain available until
expended.
Contribution to the international fund for
agricultural development
For
payment to the International Fund for Agricultural Development by the Secretary
of the Treasury, $30,000,000, to remain
available until expended.
International Monetary
Programs
United
states quota, international monetary fund direct loan program
account
For an increase in the
United States quota in the International Monetary Fund, the dollar equivalent
of 40,871,800,000 Special Drawing Rights, to remain available until expended:
Provided, That notwithstanding the
provisos under the heading International Assistance
Programs—International Monetary Programs—United States Quota, International
Monetary Fund in Public Law 111–32, the costs of the amounts provided
under this heading in this Act and in Public Law 111–32 shall be estimated on a
present value basis, excluding administrative costs and any incidental effects
on governmental receipts or outlays:
Provided further, That for
purposes of the previous proviso, the discount rate for purposes of the present
value calculation shall be the appropriate interest rate on marketable Treasury
securities:
Provided further, That
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, shall not apply to amounts under this
heading.
Loans to
international monetary fund direct loan program
account
(including rescission of
funds)
Of the amounts provided
under the heading International Assistance Programs—International
Monetary Programs—Loans to International Monetary Fund in Public Law
111–32, the dollar equivalent of 40,871,800,000 Special Drawing Rights is
permanently cancelled as of the date when the rollback of the United States
credit arrangement in the International Monetary Fund’s New Arrangements to
Borrow is effective, but no earlier than when the increase of the United States
quota authorized in section 72 of the Bretton Woods Agreements Act (22 U.S.C.
286 et seq.) becomes effective:
Provided, That notwithstanding the
second through fourth provisos under the heading International
Assistance Programs—International Monetary Programs—Loans to International
Monetary Fund in Public Law 111–32, the costs of the amounts under this
heading in this Act and in Public Law 111–32 shall be estimated on a present
value basis, excluding administrative costs and any incidental effects on
governmental receipts or outlays:
Provided further, That for
purposes of the previous proviso, the discount rate for purposes of the present
value calculation shall be the appropriate interest rate on marketable Treasury
securities:
Provided further, That
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, shall not apply to amounts under this
heading.
VI
Export and Investment Assistance
Export-Import bank of the united
states
Inspector general
For necessary expenses of the Office of
Inspector General in carrying out the provisions of the Inspector General Act
of 1978, as amended, $5,750,000, to remain
available until September 30, 2016.
Program account
The Export-Import Bank (the Bank) of the
United States is authorized to make such expenditures within the limits of
funds and borrowing authority available to such corporation, and in accordance
with law, and to make such contracts and commitments without regard to fiscal
year limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the current
fiscal year for such corporation:
Provided, That none of the funds
available during the current fiscal year may be used to make expenditures,
contracts, or commitments for the export of nuclear equipment, fuel, or
technology to any country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible
to receive economic or military assistance under this Act, that has detonated a
nuclear explosive after the date of the enactment of this Act:
Provided further, That not
less than 20 percent of the aggregate loan, guarantee, and insurance authority
available to the Bank under this Act shall be used to finance exports directly
by small business concerns (as defined under section 3 of the Small Business
Act):
Provided further, That the
loan, guarantee, and insurance authorities available to the Bank shall not be
used in connection with any new coal-fired power plant:
Provided further, That the
Bank shall work within the Organization for Economic Cooperation and
Development (OECD) to establish carbon emissions requirements for new electric
power-generation plants that reflect best practices in the United States and
other OECD countries:
Provided further, That the
aggregate loan, guarantee, and insurance authorities available to the Bank in
fiscal year 2015 shall not result in greenhouse gas emissions from the
extraction or production of fossil fuels or the use of fossil fuels in
electricity generation that exceed the average of the total emissions in the
previous 6 fiscal years resulting from the use of such authorities:
Provided further, That the
Supplemental Guidelines for High Carbon Intensity Projects approved by the Bank
on December 12, 2013, shall be implemented beginning on the date of enactment
of this Act:
Provided further, That not
less than 10 percent of the aggregate loan, guarantee, and insurance authority
available to the Bank under this Act should be used for renewable energy
technologies or energy efficiency technologies:
Provided further, That
notwithstanding section 1(c) of Public Law 103–428, as amended, sections 1(a)
and (b) of Public Law 103–428 shall remain in effect through October 1,
2015.
administrative expenses
For administrative expenses to carry out the
direct and guaranteed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by 5 U.S.C. 3109, and not to exceed
$30,000 for official reception and
representation expenses for members of the Board of Directors, not to exceed
$107,500,000, of which not less than
$23,000,000 shall be used for expenses of personnel
and related costs exclusively for the processing of such loans and insurance
for small business concerns:
Provided, That the Export-Import Bank
(the Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection with any
transaction for which an application for a loan, guarantee or insurance
commitment has been made:
Provided further, That
notwithstanding subsection (b) of section 117 of the Export Enhancement Act of
1992, subsection (a) thereof shall remain in effect until September 30, 2015:
Provided further, That the
Bank shall charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets acquired by the Bank
in satisfaction of moneys owed the Bank, or the investigation or appraisal of
any property, or the evaluation of the legal, financial, or technical aspects
of any transaction for which an application for a loan, guarantee or insurance
commitment has been made, or systems infrastructure directly supporting
transactions:
Provided further, That, in
addition to other funds appropriated for administrative expenses, such fees
shall be credited to this account for such purposes, to remain available until
expended.
Receipts collected
Receipts collected pursuant to the
Export-Import Bank Act of 1945, as
amended, and the Federal Credit Reform Act of
1990, as amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this account:
Provided, That the sums herein
appropriated from the General Fund shall be reduced on a dollar-for-dollar
basis by such offsetting collections so as to result in a final fiscal year
appropriation from the General Fund estimated at
$0:
Provided further, That
amounts collected in fiscal year 2015 in excess of obligations, up to
$10,000,000, shall become available
for the cost of direct loans, loan guarantees, insurance, and
tied-aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, on September 1, 2015, and shall remain
available until September 30, 2018.
Overseas private investment
corporation
Noncredit account
The Overseas Private Investment Corporation
is authorized to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for
administrative expenses to carry out the credit and insurance programs
(including an amount for official reception and representation expenses which
shall not exceed $35,000) shall not exceed
$63,000,000:
Provided further, That
project-specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to section 234
of the Foreign Assistance Act of
1961, shall not be considered administrative expenses for the
purposes of this heading.
Program account
For the cost of direct and guaranteed loans,
$25,000,000, as authorized by section 234 of the
Foreign Assistance Act of 1961, to
be derived by transfer from the Overseas Private Investment Corporation
Noncredit Account:
Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974:
Provided further, That
such sums shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2015, 2016, and 2017:
Provided further, That
funds so obligated in fiscal year 2015 remain available for disbursement
through 2023; funds obligated in fiscal year 2016 remain available for
disbursement through 2024; and funds obligated in fiscal year 2017 remain
available for disbursement through 2025:
Provided further, That the
third proviso of subsection 7079(b) of the Consolidated Appropriations Act,
2010, and the modification proposed by the Overseas Private Investment
Corporation in November 2013 to the Corporation’s Environmental and Social
Policy Statement relating to coal, shall be implemented beginning on the date
of enactment of this Act:
Provided further, That
notwithstanding any other provision of law, the Overseas Private Investment
Corporation is authorized to undertake any program authorized by title IV of
chapter 2 of part I of the Foreign Assistance
Act of 1961 in Iraq:
Provided further, That
funds made available pursuant to the authority of the previous proviso shall be
subject to the regular notification procedures of the Committees on
Appropriations. In addition, such sums as may be necessary
for administrative expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation Noncredit
Account and merged with said account.
Trade and development agency
For necessary expenses to carry out the
provisions of section 661 of the Foreign
Assistance Act of 1961, $60,000,000,
to remain available until September 30, 2016:
Provided, That of the funds
appropriated under this heading, not more than
$4,000 may be available for representation and
entertainment
expenses.
VII
General Provisions
ALLOWANCES AND DIFFERENTIALS
7001. Section 7001 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
UNOBLIGATED BALANCES REPORT
7002. Section 7002 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
CONSULTING SERVICES
7003. Section 7003 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
diplomatic
facilities
7004.
(a) Of funds provided under title I of this
Act, except as provided in subsection (b), a project to construct a diplomatic
facility of the United States may not include office space or other
accommodations for an employee of a Federal agency or department if the
Secretary of State determines that such department or agency has not provided
to the Department of State the full amount of funding required by subsection
(e) of section 604 of the Secure Embassy Construction and Counterterrorism Act
of 1999 (as enacted into law by section 1000(a)(7) of Public Law 106–113 and
contained in appendix G of that Act; 113 Stat. 1501A–453), as amended by
section 629 of the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in
subsection (a), a project to construct a diplomatic facility of the United
States may include office space or other accommodations for members of the
United States Marine Corps.
(c) For the purposes of calculating the fiscal
year 2015 costs of providing new United States diplomatic facilities in
accordance with section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and Budget, shall
determine the annual program level and agency shares in a manner that is
proportional to the Department of State’s contribution for this purpose.
(d) Funds appropriated
by this Act, and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available for the
acquisition of property for diplomatic facilities in Afghanistan, Pakistan, and
Iraq, shall be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(e)
(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 maintained at $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 Security and Foreign Missions, in consultation with the Director
of the Bureau of Overseas Buildings Operations:
Provided further, That
such funds shall be subject to prior consultation with the Committees on
Appropriations.
(2) Not later than 90 days after
enactment of this Act, the Secretary of State shall submit to the appropriate
congressional committees a list of all expeditionary, interim, and temporary
diplomatic facilities and the number of personnel and security costs for each
such facility:
Provided, That the report required by
this paragraph may be submitted in classified form if necessary.
(3) 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.
(f) Funds
appropriated under the headings Diplomatic and Consular Programs
and Embassy Security, Construction, and Maintenance in titles I
and VIII of this Act may be transferred to, and merged with, funds appropriated
by such titles under such headings if the Secretary of State determines and
reports to the Committees on Appropriations that to do so is necessary to
prevent or respond to security situations and requirements,
following consultation with such Committees:
Provided, That such transfer
authority is in addition to any transfer authority otherwise available under
any other provision of law.
Personnel
actions
7005. Section 7005 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
LOCAL GUARD
CONTRACTS
7006. In evaluating proposals for local guard
contracts, the Secretary of State shall award contracts in accordance with
section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and
1991 (22 U.S.C. 4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined by a
cost-technical tradeoff analysis (as described in Federal Acquisition
Regulation part 15.101), notwithstanding subsection (c)(3) of such section:
Provided, That the authority in this
section shall apply to any options for renewal that may be exercised under such
contracts.
prohibition against direct
funding for certain countries
7007. None of the
funds appropriated or otherwise made available pursuant to titles III through
VI of this Act shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North Korea, Iran, or
Syria:
Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall include direct
loans, credits, insurance and guarantees of the Export-Import Bank or its
agents.
coups
d’état
7008. None of the
funds appropriated or otherwise made available pursuant to titles III through
VI of this Act shall be obligated or expended to finance directly any
assistance to the government of any country whose duly elected head of
government is deposed by military coup d'état or decree or, after the date of
enactment of this Act, a coup d'état or decree in which the military plays a
decisive role:
Provided, That assistance may be
resumed to such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination of
assistance a democratically elected government has taken office:
Provided further, That
the provisions of this section shall not apply to assistance to promote
democratic elections or public participation in democratic processes:
Provided further, That
funds made available pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on Appropriations.
Transfer
authority
7009.
(a)
Department of state and broadcasting board
of governors
(1) Not to exceed 5 percent of any
appropriation made available for the current fiscal year for the Department of
State under title I of this Act may be transferred between, and merged with,
such appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any such
transfers, 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 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 section 7015(a) and (b) of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
(b)
Export financing transfer
authorities
Not to exceed 5
percent of any appropriation other than for administrative expenses made
available for fiscal year 2015, for programs under title VI of this Act may be
transferred between such appropriations for use for any of the purposes,
programs, and activities for which the funds in such receiving account may be
used, but no such appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such transfer:
Provided, That the exercise of such
authority shall be subject to the regular notification procedures of the
Committees on Appropriations.
(c)
Limitation on transfers between
agencies
(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 Programs,
Development Assistance, and Economic Support Fund
shall be subject to the regular notification procedures of the Committees on
Appropriations:
Provided, That the requirement in the
previous sentence shall not apply to agreements entered into between USAID and
the Department of State.
(d)
Transfers
Between Accounts
None of the funds made available under titles II
through V of this Act may be obligated under an appropriation account to which
such funds were not appropriated, except for transfers specifically provided
for in this Act, unless the President, not less than 5 days prior to the
exercise of any authority contained in the Foreign Assistance Act of 1961 to
transfer funds, consults with and provides a written policy justification to
the Committees on Appropriations.
(e)
Audit of
Inter-agency Transfers
Any agreement for the transfer or
allocation of funds appropriated by this Act, or prior Acts, entered into
between the Department of State or USAID and another agency of the United
States Government under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law, shall expressly
provide that the Inspector General (IG) for the agency receiving the transfer
or allocation of such funds, or other entity with audit responsibility if the
receiving agency does not have an IG, shall perform periodic program and
financial audits of the use of such funds:
Provided, That such audits shall be
transmitted to the Committees on Appropriations:
Provided further, That
funds transferred under such authority may be made available for the cost of
such audits.
military assistance
reports
7010.
(a) Not later than 90 days after enactment of
this Act, the Secretary of State shall submit to the appropriate congressional
committees a report on funds obligated and expended during fiscal year 2014
under the headings International Military Education and Training
and Foreign Military Financing Program, including the countries
and military services that received assistance and the amounts and purposes
of such assistance.
(b) The report
required by section 656 of the Foreign Assistance Act of 1961 shall be submitted
not later than January 31, 2015.
Availability of
funds
7011. No part of any appropriation contained in
this Act shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act:
Provided, That funds appropriated for
the purposes of chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8,
and 9 of part II of the Foreign Assistance Act
of 1961, section 23 of the Arms
Export Control Act, and funds provided under the heading
Development Credit Authority shall remain available for an
additional 4 years from the date on which the availability of such funds would
otherwise have expired, if such funds are initially obligated before the
expiration of their respective periods of availability contained in this Act:
Provided further, That
notwithstanding any other provision of this Act, any funds made available for
the purposes of chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 which
are allocated or obligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall remain available for an
additional 4 years from the date on which the availability of such funds would
otherwise have expired, if such funds are initially allocated or obligated
before the expiration of their respective periods of availability contained in
this Act:
Provided further, That
the Secretary of State shall provide a report to the Committees on
Appropriations at the beginning of each fiscal year, detailing by account and
source year, the use of this authority during the previous fiscal year.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
7012. Section 7012 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
prohibition on taxation of united states
assistance
7013.
(a)
prohibition on taxation
None of the funds appropriated under titles
III through VI of this Act may be made available to provide assistance for a
foreign country under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided unless such agreement
includes a provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign government, and
the Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.
(b)
reimbursement of foreign
taxes
An amount equivalent to
200 percent of the total taxes assessed during fiscal year 2015 on funds
appropriated by this Act by a foreign government or entity against United
States assistance programs for which funds are appropriated by this Act, either
directly or through grantees, contractors, and subcontractors shall be withheld
from obligation from funds appropriated for assistance for fiscal year 2016 and
allocated for the central government of such country and for the West Bank and
Gaza program to the extent that the Secretary of State certifies and reports in
writing to the Committees on Appropriations, not later than September 30, 2016,
that such taxes have not been reimbursed to the Government of the United
States.
(c)
de minimis exception
Foreign taxes of a de minimis nature shall
not be subject to the provisions of subsection (b).
(d)
reprogramming of funds
Funds withheld from obligation for each
country or entity pursuant to subsection (b) shall be reprogrammed for
assistance for countries which do not assess taxes on United States assistance
or which have an effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably accommodate such
assistance in a programmatically responsible manner.
(e)
determinations
(1) The provisions of this section shall not
apply to any country or entity the Secretary of State reports to the Committees
on Appropriations—
(A) does not assess taxes on United States
assistance or which 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 issue rules,
regulations, or policy guidance, as appropriate, to implement the prohibition
against the taxation of assistance contained in this section.
(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 describes, among other things, the
treatment for tax purposes that will be accorded the United States assistance
provided under that agreement;
(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 or
personal services contractors.
(h)
Report
The
Secretary of State, in consultation with the heads of other relevant
departments or agencies, shall submit a report to the Committees on
Appropriations, not later than 90 days after the enactment of this Act,
detailing steps taken by such departments or agencies to comply with the
requirements of this section.
reservations of
funds
7014.
(a) Funds appropriated under
titles III through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding the
designation if compliance with the designation is made impossible by operation
of any provision of this or any other Act:
Provided, That any such reprogramming
shall be subject to the regular notification procedures of the Committees on
Appropriations:
Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally provided.
(b) In addition to the
authority contained in subsection (a), the original period of availability of such
funds that are specifically designated for
particular programs or activities by this or any other Act shall be extended
for an additional fiscal year if the Secretary of State or the USAID Administrator,
as appropriate, determines and reports
promptly to the Committees on Appropriations that the termination of assistance
to a country or a significant change in circumstances makes it unlikely that
such designated funds can be obligated during the original period of
availability:
Provided, That such designated funds
that continue to be available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) Ceilings and
specifically designated funding levels contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made available by
any subsequent Act unless such Act specifically so directs:
Provided, That specifically
designated funding levels or minimum funding requirements contained in any
other Act shall not be applicable to funds appropriated by this Act.
Notification
requirements
7015.
(a) None of the funds made available in titles
I and II of this Act, or in prior appropriations Acts to the agencies and
departments funded by this Act that remain available for obligation or
expenditure in fiscal year 2015, or provided from any accounts in the Treasury
of the United States derived by the collection of fees or of currency reflows
or other offsetting collections, or made available by transfer, to the agencies
and departments funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that—
(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
(8) contracts out or privatizes any functions
or activities presently performed by Federal employees;
unless the
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds:
Provided, That unless previously
justified to the Committees on Appropriations, the requirements of this
subsection shall apply to all obligations of funds appropriated under titles I
and II of this Act for paragraphs (5) and (6) of this subsection.
(b) None of the funds provided under titles I
and II of this Act, or provided under previous appropriations Acts to the
agency or department funded under titles I and II of this Act that remain
available for obligation or expenditure in fiscal year 2015, or provided from
any accounts in the Treasury of the United States derived by the collection of
fees available to the agency or department funded under title I of this Act,
shall be available for obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less,
that—
(1) augments existing programs, projects, or
activities;
(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; unless the
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds.
(c) None of the funds made available under
titles III through VI and VIII of this Act under the headings Global Health
Programs, Development Assistance, International
Organizations and Programs, Trade and Development
Agency, International Narcotics Control and Law
Enforcement, Economic Support Fund, Democracy
Fund, Peacekeeping Operations, Nonproliferation,
Anti-terrorism, Demining and Related Programs, Millennium
Challenge Corporation, Foreign Military Financing
Program, International Military Education and Training,
and Peace Corps, and under the heading Conflict
Stabilization Operations, shall be available for obligation for
activities, programs, projects, type of materiel assistance, countries, or
other operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days in
advance:
Provided, That the President shall
not enter into any commitment of funds appropriated for the purposes of section
23 of the Arms Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified to
Congress or 20 percent in excess of the quantities justified to Congress unless
the Committees on Appropriations are notified 15 days in advance of such
commitment:
Provided further, That
requirements of this subsection or any similar provision of this or any other
Act shall not apply to any reprogramming for an activity, program, or project
for which funds are appropriated under titles III through VI of this Act of
less than 10 percent of the amount previously justified to the Congress for
obligation for such activity, program, or project for the current fiscal
year.
(d) Notwithstanding
any other provision of law, with the exception of funds transferred to, and
merged with, funds appropriated under title I of this Act, funds transferred by
the Department of Defense to the Department of State and the United States
Agency for International Development for assistance for foreign countries and
international organizations, and funds made available for programs authorized
by section 1206 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109–163), shall be subject to the regular notification procedures
of the Committees on Appropriations.
(e) The requirements of this section or any
similar provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification procedures
of the Committees on Appropriations, may be waived if failure to do so would
pose a substantial risk to human health or welfare:
Provided, That in case of any such
waiver, notification to the Committees on Appropriations shall be provided as
early as practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context of the
circumstances necessitating such waiver:
Provided further, That
any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) None of the funds
appropriated under titles III through VI of this Act shall be obligated or
expended for assistance for Afghanistan, Bahrain, Bolivia, Burma, Cambodia,
Cuba, Ecuador, Egypt, Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq,
Lebanon, Libya, Pakistan, the Russian Federation, Serbia, Somalia, South Sudan,
Sri Lanka, Sudan, Syria, Tunisia, Uzbekistan, Venezuela, Yemen, and Zimbabwe
except as provided through the regular notification procedures of the
Committees on Appropriations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
7016. Section 7016 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
Limitation on availability of funds for
international organizations and programs
7017. Subject to the regular notification
procedures of the Committees on Appropriations, funds appropriated under titles
III through VI of this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs, which are
returned or not made available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assistance Act of 1961 or
section 7048(a) of this Act, shall remain available for obligation until
September 30, 2017:
Provided, That the requirement to
withhold funds for programs in Burma under section 307(a) of the Foreign
Assistance Act of 1961 shall not apply to funds appropriated by this
Act.
Prohibition on funding for abortions and
involuntary sterilization
7018. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended, may be used to
pay for the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds made
available to carry out part I of the Foreign Assistance Act of 1961, as
amended, may be used to pay for the performance of involuntary sterilization as
a method of family planning or to coerce or provide any financial incentive to
any person to undergo sterilizations. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended, may be used to
pay for any biomedical research which relates in whole or in part, to methods
of, or the performance of, abortions or involuntary sterilization as a means of
family planning. None of the funds made available to carry out part I of the
Foreign Assistance Act of 1961, as amended, may be obligated or expended for
any country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations.
allocations
7019.
(a) Funds provided in this Act shall be made
available for programs and countries in the amounts contained in the respective
tables in the report accompanying this Act.
(b) For the purposes
of implementing this section and only with respect to the tables in the report
accompanying this Act, the Secretary of State, the Administrator of the United
States Agency for International Development, and the Broadcasting Board of
Governors, as appropriate, may propose deviations to the amounts referenced in
subsection (a), subject to the regular notification procedures of the
Committees on Appropriations.
representation and entertainment
expenses
7020.
(a) Each Federal department, agency, or entity
funded in titles I or II of this Act, and the Department of the Treasury and
independent agencies funded in titles III or VI of this Act, shall take steps
to ensure that domestic and overseas representation and entertainment expenses
further official agency business and United States foreign policy interests and
are—
(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) None of the funds appropriated or otherwise
made available by this Act under the headings International Military
Education and Training or Foreign Military Financing
Program for Informational Program activities or under the headings
Global Health Programs, Development Assistance,
and Economic Support Fund may be obligated or expended to pay
for—
(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
7021.
(a)
Lethal Military
Equipment Exports
(1) None of the funds appropriated or otherwise
made available by titles III through VI of this Act may be available to any
foreign government which provides lethal military equipment to a country the
government of which the Secretary of State has determined supports
international terrorism for purposes of section 6(j) of the Export
Administration Act of 1979 as continued in effect pursuant to the International
Emergency Economic Powers Act:
Provided, That the prohibition under
this section with respect to a foreign government shall terminate 12 months
after that government ceases to provide such military equipment:
Provided further, That
this section applies with respect to lethal military equipment provided under a
contract entered into after October 1, 1997.
(2) 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) 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) Funds appropriated for bilateral assistance
in titles III through VI of this Act and funds appropriated under any such
title in prior Acts making appropriations for the Department of State, foreign
operations, and related programs, shall not be made available to any foreign
government which the President determines—
(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) The President may
waive the application of paragraph (1) to a government if the President
determines that national security or humanitarian reasons justify such waiver:
Provided, That the President shall
publish each such waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on Appropriations of the
waiver (including the justification for the waiver) in accordance with the
regular notification procedures of the Committees on Appropriations.
AUTHORIZATION REQUIREMENTS
7022. Section 7022 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
definition of program, project,
and activity
7023. For the purpose of titles II through VI of
this Act program, project, and activity shall be defined at the
appropriations Act account level and shall include all appropriations and
authorizations Acts funding directives, ceilings, and limitations with the
exception that for the following accounts: Economic Support Fund
and Foreign Military Financing Program, program, project,
and activity shall also be considered to include country, regional, and
central program level funding within each such account; and for the development
assistance accounts of the United States Agency for International Development,
program, project, and activity shall also be considered to
include central, country, regional, and program level funding, either
as—
(1) justified to the
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
7024. Section 7024 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
commerce, trade and surplus
commodities
7025. Section 7025 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
separate
accounts
7026. Section 7026 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act, and in each fiscal year thereafter.
eligibility for
assistance
7027. Section 7027 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act, except that the fiscal year in subsection (b) shall
be 2015.
local
competition
7028. Section 7077 of division I of Public Law
112–74, as amended, shall continue in effect during fiscal year 2015.
International financial
institutions
7029.
(a) None of the funds appropriated under title
V of this Act should be made as payment to any international financial
institution unless the Secretary of the Treasury certifies and reports to the
Committees on Appropriations that such institution has a publicly available policy,
including the strategic use of peer reviews and external experts, to
conduct thorough, independent evaluations of the impact of each loan,
grant, and significant analytical non-lending activity in advancing the
institution’s goals of reducing poverty and promoting equitable economic
growth consistent with appropriate
safeguards, to ensure that decisions to support such loans, grants, and
activities are based on accurate data and objective analysis.
(b) None of the funds appropriated under title
V of this Act may be made as payment to any international financial institution
while the United States executive director to such institution is compensated
by the institution at a rate which, together with whatever compensation such
executive director receives from the United States, is above the rate payable for
level IV of the Executive
Schedule under section 5315 of title 5, United States Code, or while any
alternate United States executive director to such institution is compensated
by the institution at a rate above the rate payable for level V of the Executive
Schedule under section 5316 of
title 5, United States Code.
(c) The United States executive director of each international financial
institution, after consultation with the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State, shall seek to require that each
such institution conducts rigorous human
rights due diligence and human rights risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such institution: Provided, That the United States executive director of each such institution shall seek to ensure that the
institution
implements the
recommendations of its accountability mechanisms by providing just compensation
or other appropriate redress to individuals and communities that suffer
violations of human rights, including forced displacement, resulting from any
loan, grant, strategy or policy of such institution.
(d) The Secretary of the Treasury shall direct
the United States executive directors of the World Bank and the Inter-American
Development Bank to submit a report to the Committees on Appropriations not
later than 30 days after enactment of this Act and every 90 days thereafter
until September 30, 2015, on actions taken in the previous 90 days by such
institutions and the Government of Guatemala to support the legal framework and
financing for implementation of the
April 2010 Reparations Plan for Damages Suffered by the Communities Affected by
the Construction of the Chixoy Hydroelectric Dam in Guatemala.
(e) The United States executive director of each
international financial institution shall actively promote in loan, grant, and
other financing agreements demonstrable improvements in borrowing countries’
financial management and judicial capacity to investigate, prosecute, and
punish fraud and corruption.
(f) The United States executive director of each
international financial institution shall seek to require that each such
institution collects, verifies, and publishes beneficial ownership information
for any corporation or limited liability company, other than a publicly listed
company, receiving a contract, loan, grant, or guarantee from such institution:
Provided, That beneficial ownership
information should include, at a minimum, the full name, birth date, city of
residence, and nationality of each natural person who, directly or indirectly,
exercises substantial control over a corporation or limited liability company
or has a substantial interest in or receives substantial economic benefits from
the assets of a corporation or limited liability company.
(g) The Secretary of the Treasury shall
instruct the United States executive directors of the World Bank and the
Inter-American Development Bank, and the director of the Office of Foreign
Assets Control, to encourage and support investments that contribute to the
economic and social development, integration, and stability of all countries in
the Caribbean region, consistent with the Banks’ authority to support such
investments.
(h) 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.
debt-for-development
7030. In order to
enhance the continued participation of nongovernmental organizations in
economic assistance activities under the Foreign Assistance Act of 1961,
debt-for-development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the United States Agency for
International Development may place in interest bearing accounts local
currencies which accrue to that organization as a result of economic assistance
provided under title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on such
investment shall be used for the purpose for which the assistance was provided
to that organization.
FINANCIAL MANAGEMENT AND BUDGET
TRANSPARENCY
7031.
(a)
Limitation on direct
government-to-Government assistance
(1) Funds appropriated by this Act may be made
available for direct government-to-government assistance only if—
(A) each implementing agency or ministry to
receive assistance has been assessed and is considered to have the systems
required to manage such assistance and any identified vulnerabilities or
weaknesses of such agency or ministry have been addressed; and
(i) the recipient agency or ministry employs
and utilizes staff with the necessary technical, financial, and management
capabilities;
(ii) the recipient agency or ministry has
adopted competitive procurement policies and systems;
(iii) effective monitoring and evaluation
mechanisms are in place to ensure that such assistance is used for its intended
purposes; and
(iv) 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 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) In addition to
the requirements in subsection (a), no funds may be made available for direct
government-to-government assistance without prior consultation with, and
notification of, the Committees on Appropriations:
Provided, That such notification
shall contain an explanation of how the proposed activity meets the
requirements of paragraph (1):
Provided further, That
the requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of
$10,000,000 and all funds available for cash
transfer, budget support, and cash payments to individuals.
(3) The Administrator
of the United States Agency for International Development (USAID) or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or the Secretary has
credible information of material misuse of such assistance, unless the
Administrator or the Secretary reports to the Committees on Appropriations that
it is in the national interest of the United States to continue such
assistance, including a justification, or that such misuse has been
appropriately addressed.
(4) The Secretary of
State shall submit to the Committees on Appropriations, concurrent with the
fiscal year 2016 congressional budget justification materials, amounts planned
for assistance described in subsection (a) by country, proposed funding amount,
source of funds, and type of assistance.
(5) Not later than 90
days after the enactment of this Act and 6 months thereafter until September
30, 2015, the USAID Administrator shall submit to the Committees on
Appropriations a report that—
(A) details all
assistance described in subsection (a) provided during the previous 6-month
period by country, funding amount, source of funds, and type of such
assistance; and
(B) the type of
procurement instrument or mechanism utilized and whether the assistance was
provided on a reimbursable basis.
(6) 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
subsection, the term international financial institution has the
meaning given the term in section 7029(g) of this Act.
(b)
National budget and contract
transparency
(1)
Determination and Report
For each government identified pursuant to
section 7031(b)(1) of division K of Public Law 113–76, the Secretary of State, not
later than 180 days after enactment
of this Act, shall make a determination of significant progress
or no significant progress in meeting the minimum requirements
of fiscal transparency, and make such determinations publicly available in an
annual Fiscal Transparency Report to be posted on the Department
of State’s Web site:
Provided, That the Secretary shall
identify the significant progress made by each such government to publicly
disclose national budget 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.
(2)
Assistance
Of the funds appropriated under title III
of this Act, not less than $10,000,000 should be
made available for programs and activities to assist governments identified
pursuant to paragraph (1) to improve budget transparency and to support civil
society organizations in such countries that promote budget transparency:
Provided, That such sums shall be in
addition to funds otherwise made available for such purposes:
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) Officials of foreign governments and their
immediate family members who the Secretary of State has credible information
have been involved in significant corruption, including corruption related to
the extraction of natural resources, or a gross violation of human rights shall
be ineligible for entry into the United States.
(2) Individuals shall not be ineligible if
entry into the United States would further important United States law
enforcement objectives or is necessary to permit the United States to fulfill
its obligations under the United Nations Headquarters Agreement:
Provided, That nothing in paragraph
(1) shall be construed to derogate from United States Government obligations
under applicable international agreements.
(3) 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) Not later than 6 months after enactment of
this Act, the Secretary of State shall submit a report, including a classified
annex if necessary, to the Committees on Appropriations describing the
information relating to corruption or violation of human rights concerning each
of the individuals found ineligible in the previous 12 months pursuant to
paragraph (1), or who would be ineligible but for the application of paragraph
(2), a list of any waivers provided under paragraph (3), and the justification
for each waiver.
(5) Any unclassified portion of the report
required under paragraph (4) shall be posted on the Department of State’s Web
site, without regard to the requirements of section 222(f) of the Immigration
and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of
records pertaining to the issuance or refusal of visas or permits to enter the
United States.
(6) For purposes of this subsection the term
individuals found ineligible shall include individuals who meet the ineligibility criteria of this subsection regardless of
whether or not such invidivuals have applied for visas.
(d)
Foreign assistance web site
Funds appropriated by this Act under titles
I and III may be made available to support the provision of additional
information on United States Government foreign assistance on the Department of
State's foreign assistance Web site:
Provided, That all Federal agencies
funded under this Act shall provide such information on foreign assistance,
upon request, to the Department of State.
Democracy
Programs
7032.
(a) Of the funds appropriated by this Act, not
less than $2,264,986,000 should be made available for
democracy programs, as defined in subsection (c).
(b) Funds made available by this Act for
democracy programs may be made available notwithstanding any other provision of
law, and with regard to the National Endowment for Democracy (NED), any
regulation.
(c)
(1) For purposes of funds appropriated by this
Act, the term democracy programs means programs that support good
governance, credible and competitive elections, freedom of expression,
association, assembly, and religion, human rights, labor rights, independent
media, and the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental organizations and
institutions, and citizens to support the development of democratic states, and
institutions that are responsive and accountable to citizens.
(2)
(A) Funds appropriated by
this Act for democracy programs administered by the United States Agency for
International Development (USAID) may not be used for
programs in countries where the USAID Administrator, after consultation with
the Secretary of State, determines that the following conditions exist—
(i) the government of the country is
politically repressive;
(ii) USAID does not have direct-hire staff in the
country;
(iii) the government has explicitly rejected
USAID assistance or has such an adverse relationship with the United States
that the implementation of democracy assistance by USAID is not advisable; and
(iv) the level of political repression requires
implementing organizations to go to excessive lengths to
protect program beneficiaries and
participants or to minimize recognition of USAID's role.
(B) Not later than 90 days after enactment of
this Act, the Secretary of State, in consultation with the USAID Administrator,
shall submit a report to the Committees on Appropriations clarifying the role
and responsibilities of the Department of State and USAID in the promotion of
democracy abroad, including coordinating mechanisms among and between bureaus,
offices, and funding accounts:
Provided, That the Comptroller
General of the United States shall, in as timely a manner as possible, evaluate
such report and make recommendations for improving coordination and oversight,
and eliminating programmatic duplication.
(d) With respect to the provision of assistance
for democracy, human rights, and governance activities in this Act, the
organizations implementing such assistance, the specific nature of that
assistance, and the participants in such programs shall not be subject to the
prior approval by the government of any foreign country:
Provided, That the Secretary of
State, in coordination with the USAID Administrator, shall report to the
Committees on Appropriations, not later than 120 days after enactment of this
Act, detailing steps taken by the Department of State and USAID to comply with
the requirements of this subsection.
(e) Any funds made available by this Act for a
business and human rights program in the People’s Republic of China shall be
made available on a cost-matching basis from sources other than the United
States Government.
(f) The Bureau of Democracy, Human Rights, and
Labor, Department of State (DRL) and the Bureau for Democracy, Conflict and
Humanitarian Assistance, USAID, shall regularly communicate their planned
programs to the NED.
(g) Funds appropriated by this Act under the
heading Democracy Fund that are made available to DRL shall be
made available to maintain a database of prisons and gulags in North Korea, in
accordance with section 7032(i) of division K of Public Law 113–76.
(h) Funds appropriated by this Act that are
made available for democracy programs shall be made available to support
freedom of religion, including in the Middle East and North Africa
regions.
Multi-year
pledges
7033. Section 7033 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
special
provisions
7034.
(a)
Victims of war, displaced children, and
displaced burmese
Funds
appropriated in titles III and VI of this Act that are made available for
victims of war, displaced children, displaced Burmese, and to combat
trafficking in persons and assist victims of such trafficking, may be made
available notwithstanding any other provision of law.
(b)
Reconstituting civilian police
authority
In providing
assistance with funds appropriated by this Act under section 660(b)(6) of the
Foreign Assistance Act of 1961, support for a nation emerging from instability
may be deemed to mean support for regional, district, municipal, or other
sub-national entity emerging from instability, as well as a nation emerging
from instability.
(c)
World food program
Funds managed by the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency for International
Development (USAID), from this or any other Act, may be made available as a
general contribution to the World Food Program, notwithstanding any other
provision of law.
(d)
Disarmament, demobilization and
reintegration
Notwithstanding
any other provision of law, regulation or Executive order, funds appropriated
under titles III and IV of this Act and prior Acts making appropriations for the
Department of State,
foreign operations, and related programs under the headings Economic
Support Fund, Peacekeeping Operations,
International Disaster Assistance, Complex Crises Fund
, and Transition Initiatives may be made available to
support programs to disarm, demobilize, and reintegrate into civilian society
former members of foreign terrorist organizations:
Provided, That the Secretary of State
shall consult with the Committees on Appropriations prior to the obligation of
funds pursuant to this subsection:
Provided further, That
for the purposes of this subsection the term foreign terrorist
organization means an organization designated as a terrorist
organization under section 219 of the Immigration and Nationality Act.
(e)
Partner
Vetting
The Secretary of State and the USAID Administrator may
use funds appropriated by this Act and prior acts making appropriations for the
Department of State, foreign operations, and related programs to implement a
Partner Vetting System only in accordance with the requirements under such
heading in the report accompanying this Act.
(f)
Contingencies
During
fiscal year 2015, the President may use up to
$100,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any other provision of
law.
(g)
International
child abductions
The Secretary of State may withhold funds
appropriated under title III of this Act for assistance for the central
government of any country that is not taking appropriate steps to comply with
the Convention on the Civil Aspects of International Child Abductions, done at
the Hague on October 25, 1980:
Provided, That the Secretary shall
report to the Committees on Appropriations within 15 days of withholding funds
under this subsection.
(h)
Reports
Repealed
Section 304(f) of Public Law 107–173; sections 549, 620C(c), and 620F(c) of Public Law 87–195;
sections 8 and 11(b)
of Public Law 107–245; section 12 of Public Law
108–19; section 2104 of Public Law 109–13; section 721(c) of appendix G, Public
Law 106–113; and
subsection 1405(c) of the Supplemental Appropriations Act of 2008 (Public Law
110–252), are hereby repealed.
(i)
Transfers for
Extraordinary Protection
The Secretary of State may transfer to,
and merge with, funds under the heading Protection of Foreign Missions
and Officials unobligated balances of expired funds appropriated under
the heading Diplomatic and Consular Programs for fiscal year
2015 and for each fiscal year thereafter, except for funds designated for
Overseas Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985,
at no later than the end of the fifth fiscal year after the last fiscal year
for which such funds are available for the purposes for which appropriated:
Provided, That not more than
$50,000,000 may be transferred in any single
fiscal year.
(j)
Protections and Remedies for Employees of
Diplomatic Missions and International Organizations
The Secretary of State shall implement
section 203(a)(2) of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110–457):
Provided, That in determining whether
to suspend the issuance of A–3 or G–5 visas under such section, the Secretary
should consider the following as credible evidence: (1) a final
court judgment (including a default judgment) issued against a current or
former employee of such mission or organization (for which the time period for
appeal has expired); (2) the issuance of a T-visa to the victim; or (3) a
request by the Department of State to the sending state that immunity of
individual diplomats or family members be waived to permit criminal
prosecution:
Provided further, That
the Secretary should assist in obtaining payment of final court judgments
awarded to A–3 and G–5 visa holders, including encouraging the sending states
to provide compensation directly to victims:
Provided further, That
the Secretary shall include in the Trafficking in Persons annual report a
concise summary of each trafficking case involving an A–3 or G–5 visa holder
which meets one or more of the items in the first proviso of this
subsection.
(k)
Travel by
United States Citizens and Nationals
None of the funds
appropriated or otherwise made available by this Act or prior Acts making
appropriations for the Department of State, foreign operations, or related
programs may be made available to implement any law, regulation, or policy in
effect on the date of enactment of this Act that
restricts travel or transactions ordinarily incident to such travel by any
citizen or national of the United States to any country in the Western
Hemisphere.
(l)
Extension of authorities
(1) Section 1(b)(2) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting September
30, 2015 for September 30, 2010.
(2) The authority provided by section 301(a)(3)
of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4831(a)(3)) shall remain in effect for facilities in Afghanistan through
September 30, 2015, except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(3) The authority contained in section 1115(d)
of Public Law 111–32 shall remain in effect through September 30, 2015.
(4) Section 824(g) of the Foreign Service Act
of 1980 (22 U.S.C. 4064(g)) shall be applied by substituting September
30, 2015 for October 1, 2010 in paragraph (2).
(5) Section 61(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting
September 30, 2015 for October 1, 2010 in
paragraph (2).
(6) Section 625(j)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by substituting
September 30, 2015 for October 1, 2010 in
subparagraph (B).
(7)
(A) Subject to the limitation described in
subparagraph (B), the authority provided by section 1113 of the Supplemental
Appropriations Act, 2009 (Public Law 111–32; 123 Stat. 1904) shall remain in
effect through September 30, 2015.
(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) The Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990 (Public Law 101–167) is
amended—
(A) In section 599D (8 U.S.C. 1157
note)—
(i) in subsection (b)(3), by striking
and 2014 and inserting 2014, and 2015; and
(ii) in subsection (e), by striking
2014 each place it appears and inserting 2015;
and
(B) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking 2014 and inserting
2015.
(9) The authorities provided in section 1015(b)
of Public Law 111–212 shall remain in effect through September 30, 2015.
(m)
Crowd control
items
Funds appropriated 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 forces that use excessive force to repress
peaceful expression, association, or assembly in countries undergoing
democratic transition.
(o)
Department of
state working capital fund
Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the Working
Capital Fund may only be used for the activities and in the amounts allowed in
the President’s fiscal year 2015 budget:
Provided, That Federal agency
components shall be charged only for their direct usage of each Working Capital
Fund service:
Provided further, That
Federal agency components may only pay for Working Capital Fund services that
are consistent with the component’s purpose and authorities:
Provided further, That
the Working Capital Fund shall be paid in advance or reimbursed at rates which
will return the full cost of each service:
Provided further, That
the Working Capital Fund shall be subject to the requirements of section 7015
of this Act.
(p)
Security force
accountability assistance
The Secretary of State should use funds
appropriated under the headings Foreign Military Financing
Program and International Narcotics Control and Law
Enforcement in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs to implement section
620M(c) of the Foreign Assistance Act of 1961, in
accordance with the guidelines under the “Foreign Military Financing Program”
heading in the report accompanying this Act.
(q)
Accountability
for humanitarian assistance
Funds appropriated by this Act that
are available for monitoring and evaluation of assistance funded under the
headings International Disaster Assistance and Migration
and Refugee Assistance shall, as appropriate, be made available for the regular, real-time
collection and reporting of feedback obtained directly from beneficiaries on
the quality and utility of such assistance, for the purpose of maximizing its
cost effectiveness:
Provided, That the Department of
State and USAID, as appropriate, shall post summaries of such feedback on their
respective Web sites, including a description of the methodology used to ensure
that the feedback collected is a representative and accurate reflection of
beneficiary views and of the Department of State's and USAID's responses to such
feedback.
(r)
HIV/AIDS
Working capital fund
Funds available in the HIV/AIDS Working
Capital Fund established pursuant to section 525(b)(1) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act, 2005
(Public Law 108–477) may in any fiscal year be made available for pharmaceuticals
and other
products for other global health and child survival activities to the same
extent as HIV/AIDS pharmaceuticals and other products, subject to the terms and
conditions in such section:
Provided, That the authority in
section 525(b)(5) of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2005 (Public Law 108–477) shall be exercised by
the Assistant Administrator for Global Health, USAID, with respect to funds
deposited for such non-HIV/AIDS pharmaceuticals and other products, and shall
be subject to the regular notification procedures of the Committees on
Appropriations:
Provided further, That
the Secretary of State shall include in the congressional budget justification
an accounting of budgetary resources, disbursements, balances, and
reimbursements related to such fund.
(s)
Loan guarantees
and enterprise funds
(1) Funds
appropriated under title III of this Act may be made available for the costs of
direct and guaranteed loans:
Provided, That such costs, including
the costs of modifying such loans and loan guarantees, shall be as defined in
section 502 of the Congressional Budget Act of 1974, and may include the costs
of selling, reducing, or cancelling any amounts owed to the United States or
agency of the United States:
Provided further, That
amounts that are made available under this subsection for the costs of direct
loans, loan guarantees, and modifications shall not be considered assistance
for the purposes of provisions of law limiting assistance to a country.
(2) 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:
Provided, That the first, third and
fifth provisos under section 7041(b) of division I of Public Law 112–74 shall
apply to funds appropriated 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, 2025:
Provided further, That
the terms and conditions of section 7074 of division K of Public Law 113–76
shall apply to this Act.
(3) Funds made available by this subsection
shall be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(t)
Science and
technology
Of the amounts made available by this Act or prior
Acts making appropriations for the Department of State, foreign operations, and
related programs under the heading Diplomatic and Consular
Programs, except for funds designated for Overseas Contingency
Operations pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, up to
$500,000 may be made available for grants
pursuant to section 504 of Public Law 95–426 (22 U.S.C. 2656d), including to
facilitate collaboration with indigenous communities.
(u)
Prize
authority
Funds appropriated in this Act may be made available
for prizes in accordance with section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980, except that foreign citizens and foreign private
entities may be eligible for such prizes notwithstanding section 24(g)(3) of
such Act.
(v)
Fraud
prevention and detection fees
In addition to the uses permitted
pursuant to section 286(v)(2(A) of the Immigration and Nationality Act (8
U.S.C. 1356(v)(2)(A)), the Secretary of State may also use fees deposited into
the Fraud Prevention and Detection Account for programs and activities to
increase the number of personnel assigned to the function of preventing and
detecting visa fraud.
(w)
Limitation on
executive salaries
None of the funds appropriated under titles I
and III of this Act that directly appropriate funds to a non-Federal or
quasi-Federal organization may be used for the basic pay of senior executives
above the rate payable for level IV of the Executive Schedule under section
5315 of title 5, United States Code:
Provided, That such limitation shall
not apply to positions listed under sections 5312–5316 of title 5, United
States Code:
Provided further, That
such organization shall comply with section 4505a of title 5, United States
Code, with respect to limitations on payment of performance-based cash
awards.
(x)
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.
(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, any reference to title I of this Act shall be deemed to include
the Contributions for International Peacekeeping Activities
account, and any reference to title IV of this Act shall be deemed to exclude
such account as such account is for assessed contributions required pursuant to
United States international treaty obligations.
(4) Any reference to
Southern Kordofan in this or any other Act shall hereafter 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
7035. It is the sense of the 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;
(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
7036.
(a)
Limitation on assistance
None of the funds appropriated under titles
III through VI of this Act may be provided to support a Palestinian state
unless the Secretary of State determines and certifies to the appropriate
congressional committees that—
(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 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 Congress that the
governing entity should enact a constitution assuring the rule of law, an
independent judiciary, and respect for human rights for its citizens, and
should enact other laws and regulations assuring transparent and accountable
governance.
(c)
Waiver
The President may waive subsection (a) if
the President determines that it is important to the national security
interests of the United States to do so.
(d)
Exemption
The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet the
requirements of subsection (a), consistent with the provisions of section 7040
of this Act (Limitation on Assistance for the Palestinian
Authority).
Restrictions concerning the palestinian
authority
7037. None of the funds appropriated under titles
II through VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States Government
business with the Palestinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO Declaration of
Principles:
Provided, That this restriction shall
not apply to the acquisition of additional space for the existing Consulate
General in Jerusalem:
Provided further, That
meetings between officers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles, for the purpose of
conducting official United States Government business with such authority
should continue to take place in locations other than Jerusalem:
Provided further, That
as has been true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental discussions.
Prohibition on assistance to the
palestinian broadcasting corporation
7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment, technical support,
consulting services, or any other form of assistance to the Palestinian
Broadcasting Corporation.
assistance for the west bank and
gaza
7039.
(a)
Oversight
For fiscal year 2015, 30 days prior to the
initial obligation of funds for the bilateral West Bank and Gaza Program, the
Secretary of State shall certify to the Committees on Appropriations that
procedures have been established to assure the Comptroller General of the
United States will have access to appropriate United States financial
information in order to review the uses of United States assistance for the
Program funded under the heading Economic Support Fund for the
West Bank and Gaza.
(b)
Vetting
Prior
to the obligation of funds appropriated by this Act under the heading
Economic Support Fund for assistance for the West Bank and Gaza,
the Secretary of State shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual, private or government
entity, or educational institution that the Secretary knows or has reason to
believe advocates, plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational institutions,
those that have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to be
involved in, or advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization:
Provided, That the Secretary of State
shall, as appropriate, establish procedures specifying the steps to be taken in
carrying out this subsection and shall terminate assistance to any individual,
entity, or educational institution which the Secretary has determined to be
involved in or advocating terrorist activity.
(c)
Prohibition
(1) 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) Notwithstanding
any other provision of law, none of the funds made available by this or prior
appropriations Acts, including funds made available by transfer, may be made
available for obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on Appropriations on the
benchmarks that have been established for security assistance for the West Bank
and Gaza and reports on the extent of Palestinian compliance with such
benchmarks.
(d)
Audits
(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.
(e) Subsequent to the
certification specified in subsection (a), the Comptroller General of the
United States shall conduct an audit and an investigation of the treatment,
handling, and uses of all funds for the bilateral West Bank and Gaza Program,
including all funds provided as cash transfer assistance, in fiscal year 2015
under the heading Economic Support Fund, and such audit shall
address—
(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) Funds made
available in this Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
(g) Not later than 180
days after enactment of this Act, the Secretary of State shall submit a report
to the Committees on Appropriations updating the report contained in section
2106 of chapter 2 of title II of Public Law 109–13.
Limitation on assistance for the
palestinian authority
7040.
(a)
Prohibition of funds
None of the funds appropriated by this Act
to carry out the provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961 may be obligated or expended with respect to providing funds to the
Palestinian Authority.
(b)
Waiver
The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important to the
national security interests of the United States.
(c)
Period of application of
waiver
Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months at a
time and shall not apply beyond 12 months after the enactment of this
Act.
(d)
Report
Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a report to the
Committees on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting procedures in
place to ensure that the funds are properly disbursed:
Provided, That the report shall also
detail the steps the Palestinian Authority has taken to arrest terrorists,
confiscate weapons and dismantle the terrorist infrastructure.
(e)
Certification
If the President exercises the waiver
authority under subsection (b), the Secretary of State must certify and report
to the Committees on Appropriations prior to the obligation of funds that the
Palestinian Authority has established a single treasury account for all
Palestinian Authority financing and all financing mechanisms flow through this
account, no parallel financing mechanisms exist outside of the Palestinian
Authority treasury account, and there is a single comprehensive civil service
roster and payroll, and the Palestinian Authority is acting to counter
incitement of violence against Israelis and is supporting activities aimed at
promoting peace, coexistence, and security cooperation with Israel.
(f)
Prohibition to Hamas and the Palestine
Liberation Organization
(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 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
Palestine Anti-Terrorism Act of 2006 (Public Law 109–446) 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 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
7041.
(a)
Egypt
(1)
In
general
Funds appropriated 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
(A) Of the funds
appropriated by this Act under the heading Economic Support
Fund, and subject to paragraph (6) of this subsection, up to
$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 need:
Provided, That such funds may also be
made available for democracy programs:
Provided further, That
such funds shall be made available for a demonstration project to combat
hepatitis C, on a cost matching basis from sources other than the United States
Government.
(B) Notwithstanding
any provision of law restricting assistance for Egypt, including paragraph (6)
of this subsection, funds made available by this Act under the heading
Economic Support Fund for assistance for Egypt may be made
available for education and economic growth programs, and a hepatitis C
demonstration program, subject to prior consultation with the appropriate
congressional committees:
Provided, That such funds may not be
made available for cash transfer assistance or budget support unless the
Secretary of State certifies to the appropriate congressional committees that
the Government of Egypt is taking significant and consistent steps to stabilize the
economy and implement
economic reforms.
(C) The Secretary of
State shall reduce the amount of assistance for the central Government of Egypt
under the heading Economic Support Fund in this Act by an amount the
Secretary determines is equivalent to that expended by the United States
Government for bail, and by nongovernmental organizations for legal and court
fees, associated with democracy-related trials in Egypt.
(3)
Foreign
military financing program
Of the funds appropriated by this Act
under the heading Foreign Military Financing Program, and
subject to paragraph (6) of this subsection, up to
$1,000,000,000, to remain available until
September 30, 2016, may be made available for assistance for Egypt which may be
transferred to an interest bearing account in the Federal Reserve Bank of New
York, following consultation with the Committees on Appropriations:
Provided, That if the Secretary of
State is unable to make the certification in subparagraph (6)(A) or (B) of this
subsection, such funds may be made available at the minimum rate necessary to
continue existing contracts, notwithstanding any other provision of law
restricting assistance for Egypt and following consultation with the Committees
on Appropriations, except that defense articles and services from such
contracts shall not be delivered until the certification requirements in
subparagraph (6)(A) or (B) of this subsection are met:
Provided further, That
the Secretary of State shall not initiate any new cash flow financing contracts
for defense articles and services for Egypt.
(4)
Prior year
funds
Funds appropriated under the headings Foreign
Military Financing Program and International Military Education
and Training under title IV in division K of Public Law 113–76 that remain available through September 30, 2015
may be made available
notwithstanding any provision of law restricting assistance for Egypt, except
that such funds under the heading Foreign Military Financing
Program shall only be made available at the minimum rate necessary to
continue existing contracts following consultation with the Committees on
Appropriations, and the defense articles and services from such contracts shall
not be delivered until the certification requirements in subparagraph (6)(A) or
(B) of this subsection are met.
(5)
Security
exemptions
Notwithstanding any other provision of this Act
restricting assistance for Egypt, including paragraphs (3), (4), and (6) of
this subsection, up to $300,000,000 of the funds made available by this Act
for assistance for Egypt may be made available for development programs in
the Sinai,
nonproliferation programs, and for counterterrorism and border security, if the
Secretary of State certifies and reports to the appropriate congressional
committees that to do so is important to the national security interests of the
United States.
(6)
Fiscal year
2015 funds
Except as provided in paragraphs (2), (3) and (5) of
this subsection, funds appropriated under titles III and IV of this Act under the
headings
Economic Support Fund, International Military Education
and Training, and Foreign Military Financing Program for
assistance for the Government of Egypt may be made available notwithstanding
any provision of law restricting assistance for Egypt as follows—
(A) up to
$575,500,000 may be made available only if the
Secretary of State certifies and reports to the Committees on Appropriations
that—
(i) Egypt has held
free and fair presidential and parliamentary elections and a newly elected
Government of Egypt is implementing policies to govern democratically; and
(ii) the Government
of Egypt—
(I) has released American citizens who are considered by the Secretary of State
to be political prisoners and dismissed charges against them;
(II) is
providing United States Government officials, independent journalists, and
human rights organizations access to the Sinai;
(III) has released all
persons detained for exercising their rights to free expression, association,
and peaceful assembly, including journalists and those detained solely for
membership in social or political organizations;
(IV) is providing
detainees with due process of law consistent with international norms;
(V) has adopted and
is implementing necessary laws or regulations to protect freedoms of
expression, association, and assembly, including the ability of civil society
organizations and the media to function without interference, consistent with
international norms;
(VI) is conducting
credible criminal investigations and prosecutions of the use of excessive force
by security forces, including those responsible in the chain of command, since
June 30, 2013; and
(VII) is taking steps to protect the rights of
women and religious minorities; and
(B) not less than 180
days after a certification and report under subparagraph (6)(A), up to
$575,500,000 may be made available only if the
Secretary of State certifies and reports to the Committees on Appropriations that
the
requirements in subparagraph (6)(A) are still being met.
(b)
Iran
(1) Funds
appropriated under titles I and III of this Act shall be made available for the
promotion of democracy and human rights in Iran, including for the activities
described in section 1243 of Public Law 112–239:
Provided, That prior to obligating
such funds, the Secretary of State shall consult with the appropriate
congressional committees on the policy and strategy of the United States to
promote democracy and human rights in Iran.
(2) The terms and
conditions of section 7041(c) in division I of Public Law 112–74 shall continue
in effect during fiscal year 2015 as if part of this Act, except that the
international diplomatic efforts referenced in paragraph (1) of such section
shall also include efforts to dismantle Iran’s nuclear weapons program and
prevent Iran from obtaining a nuclear weapon capability, and the date in paragraph
(3)
shall be deemed to be September 30, 2015.
(3) Of the funds appropriated by this Act under the heading Economic Support Fund, not less than $32,000,000 shall be made available for programs to promote democracy and human
rights in Iran, which shall be the responsibility of the Assistant
Secretary for the Bureau of Democracy, Human Rights, and Labor, Department
of State.
(c)
Iraq
(1) Funds
appropriated by this Act under the headings Economic Support
Fund and Complex Crises Fund may be made available for
assistance for Iraq, including to mitigate the impact of the
conflict in Syria on Iraqi communities:
Provided, That the United States Chief of Mission in Iraq shall have responsibility for the use of funds to
mitigate such impact, in
consultation with United States Consulate Generals in Iraq, as appropriate.
(2) Of the funds
appropriated by this Act under the heading Economic Support
Fund, $25,000,000 may be made available
for a conflict response program, which shall be the responsibility of the
United States Chief of Mission in Iraq:
Provided, That the Secretary of State
shall consult with the Committees on Appropriations prior to obligating funds
for such program.
(3) 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 may be made available to enhance the
capacity of security services and for security programs in Kurdistan to address
requirements arising from the conflict in Syria:
Provided, That such funds shall be
made available on a cost-matching basis from sources other than United States
Government:
Provided further, That
the Secretary of State shall consult with the Committees on Appropriations
prior to obligating such funds.
(4) Not less than 15 days prior to submitting any notification to Congress of the intent to obligate
funds appropriated under the heading “Foreign Military Financing Program”
in this Act
or prior Acts making appropriations for the Department of State, foreign
operations, and related programs for assistance for the Government of
Iraq, the Secretary of State shall submit a report to the appropriate
congressional committees assessing the extent to which the Government of
Iraq is implementing policies to promote reconciliation among Iraq’s
ethnic and political factions and to form a multi-sectarian government,
and the effectiveness of such efforts.
(5) Of the funds
appropriated by this Act under the heading Economic Support
Fund, not less than $5,000,000 should be
made available for the Marla Ruzicka Iraqi War Victims Fund.
(6) Not later than 90
days after enactment of this Act, the Secretary of State, in consultation with
the heads of other relevant United States Government agencies, shall submit a
report to the appropriate congressional committees detailing steps taken by the
United States Government to address the plight, including resettlement needs,
of Iranian dissidents located at Camp Liberty/Hurriya in Iraq.
(d)
Jordan
(1) Of the funds
appropriated by this Act under titles III and IV that are available for
assistance for Jordan, not less than
$360,000,000 shall be made available under the
heading Economic Support Fund and not less than
$300,000,000 shall be made available under the
heading Foreign Military Financing Program.
(2) Of the funds
appropriated by this Act under title VIII, not less than
$340,000,000 shall be
made available for the extraordinary costs related to instability in the
region, including for security requirements along the border with Iraq and
Syria.
(e)
Lebanon
(1) None of the funds appropriated by this Act may be made available for Lebanese law enforcement
personnel or the Lebanese Armed Forces (LAF) if such law enforcement
personnel or the LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and Nationality Act.
(2) 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 Lebanon may be made available for programs and
equipment for Lebanese law enforcement personnel and the
LAF to address security and stability requirements in areas affected by
the conflict in Syria, following consultation with the appropriate
congressional committees.
(3) Funds appropriated by this Act under the heading Economic Support Fund that are available for assistance for Lebanon may be made available notwithstanding any other
provision of law,
except for the provisions of this Act.
(4) 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 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, 2015: Provided further, That any notification submitted pursuant to such sections shall include any funds specifically
intended for lethal military equipment.
(f)
Libya
(1) Funds appropriated by this Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings Complex Crises Fund, Economic Support Fund, International Narcotics Control and Law Enforcement, Nonproliferation, Anti-terrorism, Demining and Related Programs, and International Military Education and Training may, subject to paragraph (2), be made available for assistance for Libya for programs to—
(A) strengthen democracy in Libya, including civil society;
(B) enhance the capacity of key ministries necessary for maintaining security and stability;
(C) address immediate humanitarian needs arising from conflict;
(D) strengthen the rule of law, including judicial and security sector reforms;
(E) professionalize military personnel associated with the Libyan state; and
(F) counter extremist ideologies.
(2) Funds appropriated by this Act for assistance for Libya shall, to the maximum extent practicable,
be made available on a cost-matching basis: Provided, That the reporting requirement and limitations on the uses of funds in section 7041(f) of
division K of Public Law 113–76 shall apply to such funds: Provided further, That prior to obligation of such funds, the Secretary of State shall take all appropriate steps
to ensure that mechanisms are in place for adequate monitoring, oversight
and control of assistance for Libya.
(3) Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to
the appropriate congressional committees detailing—
(A) the number of claims against Libya filed with the Foreign Claims Settlement Commission pursuant to
the Department of State’s referral of claims of November 27, 2013 in
connection with the Claims Settlement Agreement between the United States
of America and the Great Socialist People's Libyan Arab Jamahiriya of
August 14, 2008, as implemented pursuant to the Libyan Claims Resolution
Act, Public Law 110–301 and Executive Order 13477 dated October 31, 2008;
(B) the amount of remaining balances of funds received by the United States, and held by the United
States Treasury, for payment of awards rendered by the Foreign Claims
Settlement Commission pursuant to the November 27, 2013 referral; and
(C) the process by which the claims are to be adjudicated.
(g)
Morocco
Funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the heading
Foreign Military Financing Program may not be used to procure
defense articles or services for use in the territory of the Western
Sahara.
(h)
Syria
(1) Funds
appropriated under title III of this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related programs may be
made available notwithstanding any other provision of law for humanitarian and
other 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; and
(I) assist Syrian
refugees whose education has been interrupted by the ongoing conflict to
complete higher education requirements at regional academic
institutions.
(2) Prior to the
obligation of funds appropriated by this Act and made available for assistance
for Syria, the Secretary of State shall take all appropriate steps to ensure
that mechanisms are in place for the adequate 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’s response.
(3) Funds made
available pursuant to this subsection may only be made available following
consultation with the appropriate congressional committees, and shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(4) Section
7032(c)(3) of this Act shall not apply to programs implemented by the Office of
Transition Initiatives, United States Agency for International Development,
relating to the conflict in Syria.
(i)
West bank and
gaza
(1)
Report on
assistance
Prior to the initial obligation of funds made
available by this Act under the heading Economic Support Fund
for assistance for the West Bank and Gaza, the Secretary 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 judicially authorized investigation,
or actively support such an investigation, that subjects Israeli nationals to
an investigation for alleged crimes against Palestinians.
(ii) The Secretary of State may waive
the restriction in paragraph (A) resulting from the application of subparagraph
(A)(i)(I) if the Secretary certifies and reports 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 Public Law 100–204 if the President
certifies and reports to the Speaker of the House of
Representatives, the President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have not, after the date of enactment of
this Act, obtained in the United Nations or any specialized agency thereof the
same standing as member states or full membership as a state outside an
agreement negotiated between Israel and the Palestinians.
(ii) Not less than 90 days after the
President is unable to make the certification and report pursuant to subparagraph
(i), the
President may waive section 1003 of Public Law 100–204 if the President
certifies and reports to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on Appropriations that
the Palestinians have entered into direct and
meaningful negotiations with Israel:
Provided, That any waiver of the
provisions of section 1003 of Public Law 100–204 under subparagraph (i) of this
paragraph or under previous provisions of law must expire before the waiver
under the preceding sentence may be exercised.
(iii) Any waiver pursuant to this
paragraph shall be effective for no more than a period of 6 months at a time
and shall not apply beyond 12 months after the enactment of this Act.
(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.
africa
7042.
(a)
Central african
republic
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 dialogue at the national and local levels, and for
programs to prevent crimes against humanity.
(b)
Counterterrorism programs
(1) Of the funds appropriated by this Act, not
less than $65,000,000 should be made available
for the Trans-Sahara Counterterrorism Partnership program, and not less than
$11,000,000 should be made available for the
Partnership for Regional East Africa Counterterrorism program.
(2) Of the funds appropriated by this Act under
the heading Economic Support Fund,
$10,000,000 shall be made available for programs
to counter extremism in East Africa, in addition to such sums that may
otherwise be made available for such purposes.
(c)
Crisis Response
Notwithstanding any other provision of law,
up to $10,000,000 of the funds appropriated by
this Act under the heading Global Health Programs for HIV/AIDS
activities may be transferred to, and merged with, funds appropriated under the
headings Economic Support Fund and Transition
Initiatives to respond to unanticipated crises in Africa, except that
funds shall not be transferred unless the Secretary of State certifies to the
Committees on Appropriations that no individual currently on anti-retroviral
therapy supported by such funds shall be negatively impacted by the transfer of
such funds:
Provided, That the authority of this
subsection shall be subject to prior consultation with the Committees on
Appropriations.
(d)
Ethiopia
(1) Funds appropriated by this Act that are
available for assistance for Ethiopian military and police forces shall not be
made available until the Secretary of State—
(A) certifies and reports to the Committees on
Appropriations that the Government of Ethiopia is implementing policies
to—
(i) protect judicial independence; freedom of
expression, association, assembly, and religion; the right of political
opposition parties, civil society organizations, and journalists to operate
without harassment or interference; and due process of law; and
(ii) permit access to human rights and
humanitarian organizations to the Somali region of Ethiopia; and
(B) submits a report to the Committees on
Appropriations on the types and amounts of United States training and equipment
proposed to be provided to the Ethiopian military and police including steps to
ensure that such assistance is not provided to military or police personnel or
units that have violated human rights, and steps taken by the Government of
Ethiopia to investigate and prosecute members of the Ethiopian military and
police who have been credibly alleged to have violated such rights.
(2) The restriction in paragraph (1) shall not
apply to assistance made available under the heading International
Military Education and Training (IMET) in this Act, assistance to
Ethiopian military efforts in support of international peacekeeping operations,
countering regional terrorism, border security, and for assistance to the
Ethiopian Defense Command and Staff College.
(3) Funds
appropriated by this Act under the headings Development
Assistance and Economic Support Fund that are available
for assistance in the lower Omo and Gambella regions of Ethiopia shall—
(A) not be used to
support activities that directly or indirectly involve forced evictions;
(B) support
initiatives of local communities to improve their livelihoods; and
(C) be subject to
prior consultation with affected populations.
(4) The Secretary of the Treasury shall
instruct the United States executive director of each international financial
institution to vote against financing for any activities that directly or
indirectly involve forced evictions in Ethiopia.
(e)
Expanded international military education
and training
(1) Funds appropriated under the heading
International Military Education and Training in this Act that
are made available for assistance for Angola, Cameroon, Chad, Côte d’Ivoire,
Guinea, Somalia, and Zimbabwe may be made available only for training related
to international peacekeeping operations, expanded IMET, and professional
military education:
Provided, That the limitation
included in this paragraph shall not apply to courses that support training in
maritime security.
(2) None of the funds appropriated under the
heading International Military Education and Training in this
Act should be made available for assistance for Equatorial Guinea or the
Central African Republic.
(f)
Kenya
Of the funds appropriated under title IV of this Act, not less than $10,500,000 should be made
available for assistance for Kenya: Provided, That the Secretary of State
shall consult with the appropriate congressional committees prior to
obligating such funds.
(g)
Lord's
resistance army
Of the funds
appropriated by this Act under the heading Economic Support
Fund, not less than $10,000,000 shall be
made available for programs and activities in areas affected by the Lord's
Resistance Army (LRA) consistent with the goals of the Lord’s Resistance Army
Disarmament and Northern Uganda Recovery Act (Public Law 111–172), including to
improve physical access, telecommunications infrastructure, and early-warning
mechanisms and to support the disarmament, demobilization, and reintegration of
former LRA combatants, especially child soldiers.
(h)
Nigeria
Funds
appropriated by this Act that are made available for assistance for 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 Government of
Nigeria.
(i)
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 division K of Public Law 113–76.
(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 the purposes of section 7042(g)(2) of division K of
Public Law 113–76.
(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.
(j)
Somalia
Funds
appropriated by this Act under the heading Economic Support Fund
that are made available for assistance for Somalia should be used to promote
dialogue and reconciliation between the central government and Somali regions,
and should be provided in an impartial manner that is based on need and
institutional capacity:
Provided, That such assistance should also be used to strengthen the rule of law and government
institutions, support civil society organizations involved in peace
building, and support other development priorities including education and
employment opportunities.
(k)
South Sudan
(1) 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 implementing policies to—
(A) provide access for humanitarian organizations;
(B) end the use of child soldiers;
(C) support a cessation of hostilities agreement;
(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.
(2) The Secretary of State should provide technical assistance to the Government of South Sudan to
improve the sustainable management of natural resources and ensure
transparency and accountability of funds:
Provided, That the Secretary should also assist such government in conducting regular audits of financial
accounts, including revenues from oil and gas, and the timely public
disclosure of such audits.
(l)
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.
(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 the
Darfur region, Southern Kordofan State, Blue Nile State, other marginalized
areas and populations in Sudan, and Abyei; and
(C) 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.
(m)
Trafficking in Conflict Minerals, Wildlife,
and Other Contraband
(1) None of the funds appropriated by this Act
under the heading Foreign Military Financing Program may be made
available for assistance for Rwanda unless the Secretary of State certifies to
the Committees on Appropriations that the Government of Rwanda is implementing
a policy to cease political, military and/or financial support to armed groups that
have violated human rights or are involved in the illegal
exportation of minerals, wildlife, or other contraband out of the Democratic
Republic of the Congo (DRC).
(2) The restriction in paragraph (1) shall not
apply to assistance to improve border controls to prevent the illegal
exportation of minerals, wildlife, and other contraband out of the DRC by such
groups, to protect humanitarian relief efforts, or to support the training and
deployment of members of the Rwandan military in international peacekeeping
operations, or to conduct operations against the Lord's Resistance Army.
(n)
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 such government has made
significant progress in restoring the rule of law, 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 makes the certification and report 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.
East Asia and the
Pacific
7043.
(a)
Asia rebalancing
initiative
(1)
Asia maritime
security
(A) Funds
appropriated by this Act under the headings International Narcotics
Control and Law Enforcement and Foreign Military Financing
Program shall be made available for activities to strengthen maritime
security in the Asia region, notwithstanding any provision of this Act, except
this section and section 7008:
Provided, That prior to obligating
such funds, the Secretary of State shall consult with the appropriate
congressional committees on the uses of such funds on a country-by-country
basis and on the specific regional strategic objectives supported by such
funds:
Provided further, That
such funds may only be made available for programs for naval forces, coast
guards, or other governmental maritime entities and nongovernmental
organizations, as appropriate, directly engaged in maritime security issues,
and shall be coordinated with other United States Government activities that
seek to strengthen maritime security in such region.
(B) Funds
appropriated by this Act under the heading International Military
Education and Training shall be made available for activities to
promote the professionalism and capabilities of naval forces, coast guard, or
other governmental maritime entities directly engaged in maritime security
issues in the Asia region, including to counter piracy and facilitate
cooperation on disaster relief efforts, notwithstanding any provision of this
Act, except this section and section 7008.
(C) In addition to
the consultation requirement in paragraph (1)(A), not later than 90 days after
enactment of this Act, the Secretary of State, in coordination with the heads
of other relevant United States Government agencies, shall submit to the
appropriate congressional committees a multi-year strategy to increase
cooperation on maritime security issues with countries in the Asia region,
including a description of specific regional strategic objectives served by
such funds:
Provided, That such strategy shall
include clear goals and objectives, and cost estimates for implementation on an
annual, country-by-country and regional basis.
(D) None of the funds
appropriated by this Act may be made available for equipment or training for
the armed forces of the People’s Republic of China.
(E) Funds
appropriated under titles III and IV of this Act may be made available by the
Secretary of State for the participation by the United States in the
Information Sharing Centre located in Singapore, as established by the Regional
Cooperation Agreement on Combating Piracy and Armed Robbery Against Ships in
Asia.
(2)
Regional
alliances and partnerships
(A) Funds appropriated
under title III of this Act that are made available for programs to strengthen
regional alliances and partnerships among governments in the Asia region may only
be made available on a cost-matching basis from sources other than the United
States Government, and no such funds may be made available for the costs of
travel and accommodation of foreign nationals in such programs:
Provided, That prior to the
obligation of funds for such programs, the Secretary of State shall certify to
the appropriate congressional committees that such programs serve specific
strategic objectives, including a description of such objectives and an
explanation of how such programs are coordinated with other United States
Government programs to rebalance policy toward Asia.
(B) Prior to the obligation of funds made
available by this Act for the Asia Rebalancing Initiative, the Secretary of
State shall certify to the appropriate congressional committees that support
for regional alliances or partnerships (including, but not limited to, the
Association of Southeast Asia Nations (ASEAN), the ASEAN Regional Forum, the
Expanded ASEAN Seafarers Training program, and the Lower Mekong Initiative) is
in the national interests of the United States, including an explanation of the
strategic interests served.
(3)
Economic growth
and trade
(A) Funds appropriated under title III of this Act that are
made available for bilateral economic growth programs in the Asia region shall
also be made available to increase United States trade in such region, and for
assistance for capacity building activities relating to free trade
agreements:
Provided, That the Secretary of
State, in coordination with the heads of other appropriate United States
Government agencies, shall post on regional mission Web sites information on
United States public and private economic investment in respective countries in
the Asia region, including the approximate total value of such investment on an
annual basis, and estimates of foreign direct investment in the United States
for such countries.
(B) Funds appropriated under title VI of this Act shall be made available to increase United
States
trade in the Asia region above amounts made available for such purposes in
prior fiscal years.
(4)
Operations and
assistance calculations
(A) Not later than 90 days
after enactment of this Act, the Secretary of State shall submit a report to
the appropriate congressional committees detailing the funds provided for the
Asia Rebalancing Initiative for operations and assistance for each fiscal year
beginning in fiscal year 2012: Provided, That such report shall include total amounts made available for such Initiative for each fiscal
year, and shall specify the increased amounts for operations and
assistance for the Asia region to support the Initiative.
(B) For purposes of the Asia Rebalancing
Initiative supported by funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs under the headings Educational and Cultural Exchange Programs, Global Health Programs,
Development Assistance, Economic Support Fund,
International Narcotics Control and Law Enforcement,
Nonproliferation, Anti-terrorism, Demining and Related Programs,
International Military Education and Training,
Foreign Military Financing Program, Export-Import Bank of the United States, Program Account, Overseas Private Investment Corporation, Program Account, and Trade and Development Agency, any programs or activities initiated prior to fiscal year 2012 shall not be considered to be part
of such Initiative for the purposes of calculated funding levels.
(C) For the purposes of calculating the
operations expenses associated with the Asia Rebalancing Initiative from funds
made available under titles I and II of this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs, only those costs associated with Department of State and United
States Agency for International Development personnel increases beginning in
fiscal year 2012, and any costs associated with facility expansion to accommodate
such personnel, shall be considered to be part of such Initiative for the
purposes of calculating funding levels:
Provided, That funds appropriated
under the headings The Asia Foundation and East-West
Center by such acts beginning in fiscal year 2012 shall also be
included in calculating funding levels for such Initiative.
(5)
Public
diplomacy
(A) Funds appropriated
under the heading Educational and Cultural Exchange Programs by
this Act shall be made available for exchange programs for the Asia region,
including for the Young Southeast Asian Leaders Initiative, which shall be made
available on a cost-matching basis:
Provided, That such Initiative shall
include the participation of representatives of democratic political parties
and human rights organizations.
(B) Funds made available by this Act for
public diplomacy programs may only be obligated after the Secretary of State
certifies to the appropriate congressional committees that a comprehensive and
coherent narrative on United States foreign policy for the Asia region has been
developed, coordinated, and disseminated among United States Government
agencies:
Provided, That such certification
shall include specific details of such narrative.
(C) Funds appropriated by this Act under the
heading International Broadcasting Operations that are made
available for the Asia region shall be made available to support the narrative
required in subparagraph (B), as appropriate:
Provided, That not later than 90 days
after enactment of this Act, the Broadcasting Board of Governors shall submit a
report to the Committees on Appropriations detailing the programs that are
attributable to the Asia Rebalancing Initiative, including the costs of such
programs.
(6)
Democracy and
human rights
(A) Funds appropriated by
title III of this Act for the Asia Rebalancing Initiative shall be made
available to promote and protect democracy and human rights in the Asia region,
including for political parties, civil society, and organizations and
individuals seeking to advance transparency, accountability, and the rule of
law:
Provided, That such funds shall also
be made available, through an open and competitive process, to nongovernmental
networks and alliances that seek to promote democracy, human rights, and the
rule of law in the Asia region:
Provided further, That
to the maximum extent practicable, such funds shall be made available on a
grant or cooperative agreement basis.
(B) Of the funds appropriated by this Act
under the heading Economic Support Fund, not less than
$15,000,000 shall be made available to promote
democracy, human rights, and the rule of law in the People’s Republic of China:
Provided, That the responsibility for
the uses of such funds shall be the Assistant Secretary of the Bureau of
Democracy, Human Rights, and Labor, Department of State.
(C) Of the funds appropriated by this Act
under the headings Global Health Programs, Development
Assistance, Economic Support Fund, and Migration
and Refugee Assistance, not less than
$6,000,000 shall be made available for programs
to promote and preserve Tibetan culture and the resilience of Tibetan
communities in India and Nepal, and to assist in the education and development
of the next generation of Tibetan leaders from such communities:
Provided, That such funds are in
addition to amounts made available for programs inside Tibet in subsection
(g)(2) of this section.
(7)
Conflict
resolution
Funds appropriated under titles III and IV of this Act
shall be made available to address and mitigate conflict in the Asia region
arising from ethnic, religious, and territorial disputes:
Provided, That prior to the
obligation of funds for such purposes, the Secretary of State shall submit a
report to the appropriate congressional committees including an analysis of
such conflict, the primary instigators, and the goals and objectives of United
States assistance in addressing or mitigating such conflict.
(8)
Definition
For
purposes of this subsection, the Asia region means countries and territories in
Oceania, Southeast Asia, and South Asia, and the Indian and Pacific Oceans
bordering those countries and territories.
(b)
Burma
(1) Funds
appropriated by this Act under the heading Economic Support Fund
may be made available for assistance for Burma notwithstanding any other
provision of law:
Provided, That no such funds shall be
made available to any successor or affiliated organization of the State Peace
and Development Council (SPDC) controlled by former SPDC members that promote
the repressive policies of the SPDC, or to any individual or organization
credibly alleged to have committed gross violations of human rights, including
against Rohingyas and other minority groups:
Provided further, That
such funds, and funds made available by this Act under the heading
Transition Initiatives, may be made available for programs
administered by the Office of Transition Initiatives, USAID, for 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, and for support for
election monitoring.
(2) Funds
appropriated under title III of this Act for assistance for Burma—
(A) may not be made
available for budget support for the Government of Burma;
(B) shall be provided
to strengthen civil society organizations in Burma, including as core support
for such organizations;
(C) shall be made
available for community-based organizations operating in Thailand to provide
food, medical, and other humanitarian assistance to internally displaced
persons in eastern Burma, in addition to assistance for Burmese refugees from
funds appropriated by this Act under the heading Migration and Refugee
Assistance; and
(D) shall be made
available for ethnic and religious reconciliation programs, including in
ceasefire areas, as appropriate, and to address the Rohingya and Kachin
crises.
(3) Funds made
available by this Act for assistance for Burma shall be made available for the
implementation of the democracy and human rights strategy required by section
7043(b)(3)(A) of division K of Public Law 113–76:
Provided, That the Assistant
Secretary for the Bureau of Democracy, Human Rights, and Labor, Department of
State, shall be responsible for democracy and human rights programs in Burma.
(4) Funds
appropriated by this Act for programs and Department of State operations in
Burma may be made available to continue consultations with the armed forces of
Burma only on human rights and disaster response, following consultation with
the appropriate congressional committees:
Provided, That funds appropriated by
this Act under the heading International Military Education and
Training may be available for assistance for Burma only in accordance
with the procedures and requirements specified under such heading in the report
accompanying this Act.
(5) Funds
appropriated by this Act shall only be made available for assistance for the
central Government of Burma if the Secretary of State certifies and reports to the
appropriate congressional committees that such government has implemented
Constitutional
reforms, in consultation with Burma’s political opposition and ethnic groups,
providing for free and fair presidential and parliamentary elections,
including as voters and candidates.
(6) Any new program
or activity in Burma initiated in fiscal year 2015 shall be subject to prior
consultation with the appropriate congressional committees.
(7) Notwithstanding any other provision of law,
the personnel requirement in section 7 of Public Law 110–286 shall remain
vacant following the expiration of the current term.
(8) Section 3(3) of Public Law 112–192 (October 5, 2012) is amended by inserting after Public Law 112–74 the phrase and shall also include, subject to the certification required in subsection 7043(b)(5) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015, as reported by the Committee on Appropriations
of the United States Senate on June 19, 2014, the Multilateral Investment
Guarantee Agency.
(c)
Cambodia
(1) None of the funds
appropriated by titles III and IV of this Act may be made available for
assistance for the central Government of Cambodia unless the Secretary of State
certifies to the appropriate congressional committees that the National
Assembly is conducting business in accordance with the Cambodian constitution
and the results of the July 28, 2013 elections; and that such government, with
the concurrence of the political opposition—
(A) is implementing
electoral reforms, including those recommended by Cambodian and international
organizations;
(B) has scheduled
parliamentary elections, including providing for fair and equal access to
broadcasting media by the political opposition;
(C) is protecting the
rights of the Cambodian people to freedoms of expression, association, and
assembly;
(D) has released all
political prisoners, including labor leaders, and is investigating and
prosecuting violations of human rights committed by Cambodian security forces;
and
(E) is furthering
transparency and accountability through enactment and enforcement of laws
promoting civil society and Internet freedom.
(2) Notwithstanding
paragraph (1), funds appropriated by this Act under the heading Economic
Support Fund shall be made available for democracy and human rights
programs in Cambodia:
Provided, That such funds shall be
made available to support electoral reform, political party development,
women’s empowerment, civic education and advocacy, and human rights monitoring
by international and domestic nongovernmental organizations:
Provided further, That
such funds shall be made available only on a grant or cooperative agreement
basis.
(3) The requirements
of paragraph (1) shall not apply to assistance for global health, food
security, humanitarian demining, or to enhance maritime security capabilities,
except any such program carried out prior to the certification required by
paragraph (1) shall be subject to the regular notification procedures of the
Committees on Appropriations.
(4) Funds
appropriated by this Act for a United States contribution to a Khmer Rouge
tribunal may only be made available if the Secretary of State certifies to the
appropriate congressional committees that—
(A) international
donors have reimbursed the Documentation Center of Cambodia for costs incurred
in support of the tribunal;
(B) international
donors, in cooperation with the Government of Cambodia, have determined the
costs and timeline associated with the winding down of such tribunal;
and
(C) the Government of
Cambodia is not interfering in the workings of the tribunal.
(5) The Secretary of
the Treasury shall direct the United States executive directors of the World
Bank and the Asian Development Bank to vote against any loan, agreement, or
other financial support for Cambodia except to meet basic human needs, until
the Secretary of State makes the certification required in paragraph
(1).
(d)
North Korea
(1) Of the funds made available under the
heading International Broadcasting Operations in title I of this
Act, not less than $8,938,000 shall made available
for broadcasts into North Korea.
(2) Funds appropriated by this Act under the
heading Migration and Refugee Assistance shall be made available
for assistance for refugees from North Korea, including for protection
activities in the People’s Republic of China.
(3) None of the funds made available by this
Act under the heading Economic Support Fund may be made
available for assistance for the government of North Korea.
(e)
People's Republic of China
(1) None of the funds appropriated under the
heading Diplomatic and Consular Programs in this Act may be
obligated or expended for processing licenses for the export of satellites of
United States origin (including commercial satellites and satellite components)
to the People's Republic of China unless, at least 15 days in advance, the
Committees on Appropriations are notified of such proposed action.
(2) The terms and requirements of section
620(h) of the Foreign Assistance Act of
1961 shall apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the People's Republic of China, to include
such projects or activities by any entity that is owned or controlled by, or an
affiliate of, the PLA:
Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act may be used to
finance any grant, contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is owned or controlled
by, or an affiliate of, the PLA.
(3) 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 the People’s Republic of
China, in accordance with the strategy required by section 7043(e)(3) of
division K of Public Law 113–76, following consultation with the Committees on
Appropriations.
(f)
Philippines
Funds
appropriated by this Act under the heading Foreign Military Financing
Program that are available for assistance for the Philippine army
should only be made available in accordance with the procedures and
requirements specified under such heading in the report accompanying this
Act.
(g)
Tibet
(1) The Secretary of the Treasury should
instruct the United States executive director of each international financial
institution to use the voice and vote of the United States to support financing
in Tibet if such projects do not provide incentives for the migration and
settlement of non-Tibetans into Tibet or facilitate the transfer of ownership
of Tibetan land and natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people and respect
Tibetan culture and traditions, and are subject to effective monitoring.
(2) Notwithstanding any other provision of law,
funds appropriated by this Act under the heading Economic Support
Fund shall be made available to nongovernmental organizations to
support activities which preserve cultural traditions and promote sustainable
development, education, and environmental conservation in Tibetan communities
in the Tibetan Autonomous Region and in other Tibetan communities in
China.
(h)
Vietnam
Of the funds appropriated by this Act under
the heading Economic Support Fund, not less than
$15,000,000 shall be made available for
remediation of dioxin contaminated sites in Vietnam and may be made available
for assistance for the Government of Vietnam, including the military, for such
purposes, and not less than $7,500,000 of the
funds appropriated under the heading Development Assistance
shall be made available for assistance for persons with severe upper or lower
body mobility impairment and/or cognitive or developmental disabilities in
areas sprayed with Agent Orange or otherwise contaminated with dioxin.
South and Central Asia
7044.
(a)
Afghanistan
(1)
Operations and
Reports
Funds appropriated under titles I, II, and VIII of this
Act that are available for the construction and renovation of United States
Government facilities in Afghanistan may not be made available if the purpose
is to accommodate Federal employee positions or to expand aviation facilities
or assets above those notified by the Department of State and the United States
Agency for International Development (USAID) to the Committees on
Appropriations, or contractors in addition to those in place on January 17,
2014:
Provided, That the limitations in
this paragraph shall not apply if funds are necessary to protect such
facilities or the security, health, and welfare of United States
personnel.
(2)
Assistance
Funds
appropriated by this Act under the headings Economic Support
Fund and International Narcotics Control and Law
Enforcement for assistance for Afghanistan—
(A) may not be used
to support any program, project, or activity for which regular oversight by the
Department of State or USAID, as appropriate, is not possible, to include site
visits;
(B) shall only be
made available for programs that the Government of Afghanistan or other Afghan
entity is capable of sustaining, as appropriate and as determined by the United
States Chief of Mission;
(C) shall be
prioritized for programs that promote women’s economic and political
empowerment, strengthen and protect the rights of women and girls, and to
implement the United States Embassy Kabul Gender Strategy;
(D) may be made
available for independent election bodies;
(E) should be made available for programs to improve the sustainable management of natural resources
and to reduce illegal extraction and the loss of government revenues;
(F) may be made
available for reconciliation programs and disarmament, demobilization and
reintegration activities for former combatants who have renounced violence
against the Government of Afghanistan, in accordance with section
7046(a)(2)(B)(ii) of Public Law 112–74;
(G) should not be
used to initiate new major infrastructure projects;
(H) shall be
implemented in accordance with all applicable audit policies of the Department
of State and USAID; and
(I) may not be made
available to any individual or organization that the Secretary of State
determines to be involved in corrupt practices.
(3)
Certification
requirement
Funds appropriated by this Act under the headings
Economic Support Fund and International Narcotics Control
and Law Enforcement for assistance for the central Government of
Afghanistan may not be obligated unless the Secretary of State certifies and
reports to the Committees on Appropriations that—
(A) Afghanistan has
held free and fair elections and a newly elected Government of Afghanistan is
implementing policies to govern democratically; and
(B) the Government of Afghanistan—
(i) has signed a
Bilateral Security Agreement with the United States Government that further
defines the security partnership, including support for counterterrorism
operations;
(ii) is cooperating
with the United States concerning the release of prisoners that the United
States Government, the International Security Assistance Force, or the Afghan
National Security Forces believe pose a threat to the United States,
Afghanistan, and the region;
(iii) is taking
consistent steps to protect and advance the rights of women and girls in
Afghanistan;
(iv) is implementing
the necessary policies and procedures to comply with section 7013 of this Act;
and
(v) is reducing
corruption and recovering stolen assets.
(4)
Waiver
The
Secretary of State, after consultation with the Secretary of Defense, may waive
the requirements of subparagraph (3)(B) if to do so is important to the
national security interests 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 requirements of
subparagraph (3)(B) that the Government of Afghanistan has not met.
(5)
Rule of law
programs
Of the funds appropriate by this Act that are available
for assistance for Afghanistan, not less than
$50,000,000 shall be made available for rule of
law programs:
Provided, That decisions regarding
the uses of such funds shall be the responsibility of the Coordinating
Director, in consultation with other appropriate United States Government
officials in Afghanistan, and such Director shall be consulted on the uses of
all funds appropriated by this Act for rule of law programs in
Afghanistan.
(6)
Funding
reduction
Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs that are available for assistance for the Government of Afghanistan
shall be reduced by $5 for every
$1 that the Government of Afghanistan imposes in
taxes, duties, penalties, or other fees on the transport of property of the
United States Government (including the United States Armed Forces), entering
or leaving Afghanistan.
(7)
Endowment to
empower women and girls
Funds appropriated under the heading
Economic Support Fund in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs may be made available for an endowment to empower women and girls in
Afghanistan, following consultation with the appropriate congressional
committees.
(8)
Authorities
(A) Funds
appropriated under titles III through VI and VIII of this Act that are made
available for assistance for Afghanistan may be made available notwithstanding
section 7012 of this Act or any similar provision of law
and section 660 of the Foreign Assistance Act of 1961.
(B) Funds
appropriated or otherwise made available for assistance for Afghanistan may be
made available for a United States contribution to the Afghanistan
Reconstruction Trust Fund.
(C) The authority
contained in section 1102(c) of Public Law 111–32 shall continue in effect
during fiscal year 2015 and shall apply as if part of this Act.
(9)
Afghanistan
regional transition
Funds made available by this Act for
assistance for Afghanistan may be made available for programs in Central and
South Asia relating to a transition in Afghanistan, including expanding
Afghanistan linkages with the region:
Provided, That such funds shall be
the responsibility of the Assistant Secretary for the Bureau of South and
Central Asian Affairs, Department of State, and the coordinator designated
pursuant to section 601 of the Support for Eastern European Democracy (SEED)
Act of 1989 (Public Law 101–179) and section 102 of the FREEDOM Support Act
(Public Law 102–511):
Provided further, That
such funds shall be subject to the regular notification procedures of the
Committees on Appropriations.
(10)
Contributing
authority
Section 7046(a)(2)(A) of division I of Public Law
112–74 shall apply to funds appropriated by this Act for assistance for
Afghanistan.
(b)
Bangladesh
Funds
appropriated by this Act under the heading Development
Assistance that are made available for assistance for Bangladesh shall be
made available for programs to improve labor conditions by strengthening the
capacity of independent workers’ organizations in Bangladesh’s readymade
garment, shrimp, and fish export sectors.
(c)
Nepal
(1) Funds appropriated by this Act under the
heading Foreign Military Financing Program may be made available
for assistance for Nepal only if the Secretary of State certifies and reports
to the Committees on Appropriations that the Government of Nepal is
investigating and prosecuting violations of human rights and the laws of war,
and the Nepal army is cooperating fully with civilian judicial authorities,
including providing investigators access to witnesses, documents, and other
information.
(2) The conditions in paragraph (1) shall not
apply to assistance for humanitarian relief and reconstruction activities in
Nepal, or for training to participate in international peacekeeping
missions.
(d)
Pakistan
(1)
Certification
None of the funds appropriated or otherwise
made available by this Act under the headings Economic Support
Fund, International Narcotics Control and Law
Enforcement, and Foreign Military Financing Program for
assistance for the Government of Pakistan may be made available unless
the Secretary of State certifies 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 Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and other domestic and foreign
terrorist organizations, including taking steps to end support for such groups
and prevent them from basing and operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(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; and
(D) preventing the proliferation of
nuclear-related material and expertise.
(2)
Waiver
The Secretary of State, after consultation with the Secretary of Defense, may waive the
requirements of paragraph (1) if to do so is important to the national
security interests 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 requirements of paragraph (1) that
the Government of Pakistan has not 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, and are subject to section 620M of
the Foreign Assistance Act of 1961.
(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 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 International Narcotics
Control and Law Enforcement that are available for assistance for
Pakistan should be made available to enhance the recruitment, retention, and
professionalism of women in Pakistan’s police and other security forces.
(D) 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)).
(E) 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.
(F) Of the funds appropriated under title 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
relating to the assistance provided to the United States in locating Osama bin
Laden.
(4)
Scholarships for women
(A) Of the funds appropriated by this Act under the heading Economic Support Fund that are made available for assistance for Pakistan, not less than $3,000,000, in addition to
funds otherwise available for such purposes, shall be made available to
increase the number of scholarships for women under the Merit and
Needs-Based Scholarship Program during fiscal year 2015.
(B) The additional scholarships available pursuant to this subsection shall be awarded in accordance
with other scholarship eligibility criteria already established by USAID.
(C) Additional scholarships funded pursuant to this subsection shall be awarded for a range of
disciplines to improve the employability of graduates and to meet the
needs of scholarship recipients.
(D) Not less than 50 percent of the scholarships available under this Program should be awarded to
Pakistani women.
(5)
Reports
(A)
(i) The spend plan required by section 7064 of
this Act for assistance for Pakistan shall include achievable and sustainable
goals, benchmarks for measuring progress, and expected results regarding
combating poverty and furthering development in Pakistan, countering extremism,
and establishing conditions conducive to the rule of law and transparent and
accountable governance:
Provided, That such benchmarks may
incorporate those required in title III of Public Law 111–73, as appropriate:
Provided further, That
not later than 6 months after submission of such spend plan, and each 6 months
thereafter until September 30, 2016, 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 paragraph
(A)(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.
(e)
Sri Lanka
(1) None of the funds appropriated by this Act
under the heading Foreign Military Financing Program may be made
available for assistance for Sri Lanka, no defense export license may be
issued, and no military equipment or technology shall be sold or transferred to
Sri Lanka pursuant to the authorities contained in this Act or any other Act,
unless the Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Sri Lanka is meeting the conditions
specified under such heading in the report accompanying this Act.
(2) Paragraph (1) shall not apply to assistance
for humanitarian demining, disaster relief, and aerial and maritime
surveillance.
(3) If the Secretary makes the certification
required in paragraph (1), funds appropriated under the heading Foreign
Military Financing Program that are made available for assistance for
Sri Lanka should be used to support the recruitment of Tamils into the Sri
Lankan military in an inclusive and transparent manner, Tamil language training
for Sinhalese military personnel, and human rights training for all military
personnel.
(4) Funds
appropriated under the heading International Military Education and
Training (IMET) in this Act that are available for assistance for Sri
Lanka, may be made available only for training related to international
peacekeeping operations and expanded IMET:
Provided, That the limitation in this
paragraph shall not apply to maritime security.
(5) The Secretary of the Treasury shall
instruct the United States executive directors of the international financial
institutions to vote against any loan, agreement, or other financial support
for Sri Lanka except to meet basic human needs, unless the Secretary of State
certifies to the Committees on Appropriations that the Government of Sri Lanka
is meeting the conditions specified under such heading in the report
accompanying this Act.
(f)
Regional cross border
programs
Funds appropriated
by this Act under the heading Economic Support Fund for
assistance for Afghanistan and Pakistan may be provided, notwithstanding any
other provision of law that restricts assistance to foreign countries, for
cross border stabilization and development programs between Afghanistan and
Pakistan, or between either country and the Central Asian countries.
western
hemisphere
7045.
(a)
Central american
migration prevention and response
(1) Not later than 90
days after enactment of this Act, the Secretary of State, jointly with the
Administrator of the United States Agency for International Development (USAID)
and after consultation with the heads of other relevant Federal agencies and the
appropriate congressional committees, shall
submit to such committees a prevention and response
strategy and spend plan to address key indicators of poverty, lack of
educational, vocational, and employment opportunities, and high rates of criminal
gang
activity, other violent crime, narcotics and human trafficking, family dissolution,
child abuse and neglect, and other factors
in countries in
Central America that are contributing to significant
increases in
migration of unaccompanied, undocumented minors to the United States, including
for the safe return and reintegration of such minors into families or family-like
settings, with specific goals and
benchmarks for measuring
progress: Provided, That such strategy shall also include the need for family support, preservation, and
reunification in countries of origin, as well as foster care and adoption
programs.
(2) The Secretary and
the USAID Administrator shall also consult with representatives of national and
local governments and civil society organizations in such countries for the
purpose of developing such strategy, goals and benchmarks: Provided, That prior to the initial obligation of funds made available in paragraph (3), the Secretary of
State shall designate a lead office within the Department of State which
shall be responsible for coordinating such strategy.
(3) Of the funds
appropriated under titles III, IV, and VIII of this Act and under titles III and IV
of prior Acts making appropriations for the Department of State, foreign
operations, and related programs under the headings Development Assistance,
Complex Crises Fund,
Economic Support Fund, and International Narcotics
Control and Law Enforcement, not less than
$100,000,000, in addition to amounts otherwise
available for assistance for such countries, shall be made
available to implement the strategy required in paragraph (1), subject to the
regular notification procedures of the Committees on Appropriations.
(4) Of the funds
appropriated under the heading International Narcotics Control and Law
Enforcement, not less than $1,000,000
should be made available to expand the repatriation facility at San Salvador’s
Comalapa Airport for processing of undocumented Salvadoran migrants returning
from the United States.
(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
division I of Public Law 112–74 shall continue in effect during fiscal year
2015 and shall apply to funds appropriated by this Act and made available for
assistance for Colombia as if included in this Act:
Provided further, That
funds appropriated by this Act and prior acts making appropriations for the
Department of State, foreign operations, and related programs that are
available for the Colombian National Police for aerial drug eradication
programs may be used for licit crop substitution programs:
Provided further, That
10 percent of the funds appropriated by this Act for the Colombian national
police for aerial drug eradication programs may not be used for the aerial
spraying of chemical herbicides unless the Secretary of State certifies to the
Committees on Appropriations that the herbicides do not pose unreasonable risks
or adverse effects to humans, including pregnant women and children, or the
environment, including endemic species:
Provided further, That
any complaints of harm to health or licit crops caused by such aerial spraying
shall be thoroughly investigated and evaluated, and fair compensation paid in a
timely manner for meritorious claims:
Provided further, 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 for alternative development/institution
building, local governance programs, and support for victims of the violence in
Colombia.
(2)
Limitation
Of
the funds appropriated by this Act under the heading Foreign Military
Financing Program, 25 percent may be obligated only in accordance with
the procedures and conditions specified under such heading in the report
accompanying this Act.
(c)
Cuba
Of the funds appropriated by this Act under the heading “Economic Support Fund”, up to
$10,000,000 may be made available for programs in Cuba, and an
additional $5,000,000 may be made available for USAID programs,
notwithstanding any other provision of law, regulation, or policy, to
provide
technical and other assistance to support the development of private Cuban
businesses.
(d)
Guatemala
Funds appropriated by this Act may be
made available for assistance for the central Government of Guatemala only in
accordance with the procedures and
requirements specified under the Foreign Military Financing Program heading in the report accompanying this
Act.
(e)
Haiti
(1) Funds
appropriated by this Act may be made available for assistance for the Government of
Haiti only in accordance with the procedures and requirements specified
under this heading in the report accompanying this Act.
(2) 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.
(f)
Honduras
(1) Funds appropriated by this Act under the
headings International Narcotics Control and Law Enforcement and
Foreign Military Financing Program may be made available for
assistance for the Honduran military and police only in accordance with the
procedures and requirements specified under the Foreign Military
Financing Program heading in the report accompanying this Act.
(2) The restriction
in paragraph (1) shall not apply to assistance to promote transparency,
anti-corruption, border security, and respect for the rule of law within the
military and police.
(g)
Mexico
(1) Prior to the
obligation of 15 percent of the funds appropriated by this Act under the
headings International Narcotics Control and Law Enforcement and
Foreign Military Financing Program that are available for
assistance for the Mexican military and police, the Secretary of State shall
report in writing to the Committees on Appropriations that the Government of
Mexico is meeting the requirements specified under the Foreign Military
Financing Program heading in the report accompanying this Act.
(2) The restriction
in paragraph (1) shall not apply to assistance to promote transparency,
anti-corruption, border security, and respect for the rule of law within the
military and police.
(3) Not less than 45 days after the enactment of this Act, the Secretary of State, in consultation with
the Commissioner for the United States Section of the International
Boundary and Water Commission, shall certify and report to the Committees
on Appropriations that Mexico has, consistent with its internal water
allocation process, outlined a delivery schedule for amounts of water
necessary to eliminate any deficit to the United States under the current
cycle of 5 consecutive years for deliveries to the Rio Grande in
accordance with the 1944 Treaty on the Utilization of Waters of the
Colorado and Tijuana Rivers and of the Rio Grande, and to ensure that the
current cycle ends in a debt free status: Provided, That if no such allocation schedule has been provided within 90 days of the enactment of this
Act, the Secretary of State shall submit a report to the Committees on
Appropriations detailing why no such schedule has been made available,
whether or not Mexico is projected to post a negative balance at the end
of the current cycle, and the estimated impact to the United States.
(h)
Aircraft operations and
maintenance
To the maximum
extent practicable, the costs of operations and maintenance, including fuel, of
aircraft funded by this Act should be paid for by the recipient country.
(i)
Trade
Capacity
Funds appropriated by this Act under the headings
Development Assistance and Economic Support Fund
should be made available for labor and environmental capacity building
activities relating to free trade agreements with countries of Central America,
Colombia, Peru, and the Dominican Republic.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
7046. Section 7046 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
War crimes
tribunals
7047.
(a) If the President determines that doing so
will contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct a
drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to
$30,000,000 of commodities and services for the
United Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal with such
violations, without regard to the ceiling limitation contained in paragraph (2)
thereof:
Provided, That the determination
required under this section shall be in lieu of any determinations otherwise
required under section 552(c):
Provided further, That
funds made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
(b) Notwithstanding any other provision of law,
funds appropriated by this Act may be made available for training, technical
assistance, support for victims, law enforcement activity and cooperation,
witness protection, and professional services in support of international
judicial investigations, apprehensions, prosecutions, and adjudications of
genocide, crimes against humanity, and war crimes consistent with section 2015 of
the American Service-Members Protection Act, 2002, as amended:
Provided, That this subsection shall
not apply to nationals of the North Atlantic Treaty Organization (NATO) and
major non-NATO allies:
Provided further, That
the Secretary of State shall report to the appropriate congressional committees
on the uses of such funds.
UNITED
NATIONS
7048.
(a)
Transparency and
accountability
Of the funds appropriated under title I and under
the heading International Organizations and Programs in title V
of this Act that are available for contributions to the United Nations, any
United Nations agency, or the Organization of American States, 15 percent may
not be obligated for such organization or agency until the Secretary of State
reports to the Committees on Appropriations that the organization or agency
is—
(1) posting on a publicly available Web site,
consistent with privacy regulations and due process, regular financial and
programmatic audits of such organization or agency, and providing the United
States Government with necessary access to such financial and performance
audits; and
(2) implementing protections for whistleblowers from retaliation that meet such requirements in United
States law, including—
(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.
(b)
Restrictions on
United Nations Delegations and 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 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, or program within the United
Nations system if such organization, agency, commission, or program is chaired
or presided over by a country the government of which the Secretary of State
has determined, for purposes of section 620A of the Foreign Assistance Act of
1961, section 40 of the Arms Export Control Act, section 6(j)(1) of the Export
Administration Act of 1979, or any other provision of law, is a government that
has repeatedly provided support for acts of international terrorism.
(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
Funds appropriated by
this Act may be made available to support the United Nations Human Rights
Council only if the Secretary of State reports to the Committees on
Appropriations that participation in the Council is in the national interest of
the United States:
Provided, That the Secretary of State
shall report to the Committees on Appropriations not later than September 30,
2015, on the resolutions considered in the United Nations Human Rights Council
during the previous 12 months, and on steps taken to remove Israel as a
permanent agenda item.
(d)
Report
Not
later than 45 days after enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations detailing the amount of
funds available for obligation or expenditure in fiscal year 2015 under the
headings Contributions to International Organizations and
International Organizations and Programs that are withheld from
obligation or expenditure due to any provision of law:
Provided, That the Secretary shall
update such report each time additional funds are withheld by operation of any
provision of law:
Provided further, That
the reprogramming of any withheld funds identified in such report, including
updates thereof, shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
Community-based police
assistance
7049. Section 7049 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act, and in each fiscal year thereafter.
GLOBAL INTERNET
FREEDOM
7050.
(a) Of the funds appropriated under titles I
and III of this Act, not less than $35,000,000 shall
be made available for programs to promote Internet freedom globally:
Provided, That such programs shall be
prioritized for countries whose governments restrict freedom of expression on
the Internet, and that are important to the national interests of the United
States:
Provided further, That
funds made available pursuant to this section shall be matched, to the maximum
extent practicable, by sources other than the United States Government,
including from the private sector.
(b) Funds made
available pursuant to subsection (a) shall be—
(1) coordinated with
other democracy, governance, and broadcasting programs funded by this Act under
the headings International Broadcasting Operations,
Economic Support Fund, Democracy Fund, and
Complex Crises Fund, and shall be incorporated into country
assistance, democracy promotion, and broadcasting strategies, as
appropriate;
(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 Public Law 112–158;
(3) made available to
the Broadcasting Board of Governors (BBG) to provide tools and techniques to
access the Internet Web sites of BBG broadcasters that are censored, and to
work with such broadcasters to promote and distribute such tools and
techniques, including digital security techniques;
(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 Internet, including
circumvention tools that bypass Internet blocking, filtering, and other
censorship techniques used by authoritarian governments; and maintenance of the
United States Government’s technological advantage over such censorship
techniques:
Provided, That the Secretary of
State, in consultation with the BBG, shall coordinate any such research and
development programs with other relevant United States Government departments
and agencies in order to share information, technologies, and best practices,
and to assess the effectiveness of such technologies.
(c) After
consultation among the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after enactment of this Act, the
Secretary of State and the BBG Board Chairman shall submit to the Committees on
Appropriations spend plans for funds made available by this Act for programs to
promote Internet freedom globally, which shall include a description of
safeguards established by relevant agencies to ensure that such programs are
not used for illicit purposes.
(d) The Comptroller
General of the United States shall conduct an audit of Internet freedom
programs supported by funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs, and shall consult with the Committees on Appropriations on the scope
and requirements of such audit.
international
conferences
7051. None of the funds made available in this
Act may be used to send or otherwise pay for the attendance of more than 50
employees of agencies or departments of the United States Government who are
stationed in the United States, at any single international conference
occurring outside the United States, unless the Secretary of State reports to
the Committees on Appropriations at least 5 days in advance that such
attendance is important to the national interest:
Provided, That for purposes of this
section the term international conference shall mean a conference
attended by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
aircraft transfer and
coordination
7052. Section 7052 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN GOVERNMENTS
7053. Section 7053 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
landmines and cluster
munitions
7054. Section 7054 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
Prohibition on publicity or
propaganda
7055. Section 7055 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
LIMITATION ON RESIDENCE EXPENSES
7056. Section 7056 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
United states agency for
international development management
(including transfer of
funds)
7057.
(a)
Authority
Up
to $93,000,000 of the funds made available in
title III of this Act pursuant to or to carry out the provisions of part I of
the Foreign Assistance Act of 1961 may be used by the United States Agency for
International Development (USAID) to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant to the authority of
sections 308 and 309 of the Foreign Service Act of 1980.
(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,
2016.
(c)
Conditions
The
authority of subsection (a) should only be used to the extent that an
equivalent number of positions that are filled by personal services contractors
or other non-direct hire employees of USAID, who are compensated with funds
appropriated to carry out part I of the Foreign Assistance Act of 1961, are
eliminated.
(d)
Program Account
Charged
The account charged for the cost of an individual hired
and employed under the authority of this section shall be the account to which
such individual's responsibilities primarily relate:
Provided, That funds made available
to carry out this section may be transferred to, and merged with, funds
appropriated by this Act in title II under the heading Operating
Expenses.
(e)
Foreign Service
Limited Extensions
Individuals hired and employed by USAID, with
funds made available in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs, pursuant to the
authority of section 309 of the Foreign Service Act of 1980, may be extended
for a period of up to 4 years notwithstanding the limitation set forth in such
section.
(f)
Disaster Surge
Capacity
Funds appropriated under title III of this Act to carry
out part I of the Foreign Assistance Act of 1961 may be used, in addition to
funds otherwise available for such purposes, for the cost (including the
support costs) of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural or man-made
disasters subject to the regular notification procedures of the Committees on
Appropriations.
(g)
Personal
Services Contractors
Funds appropriated by this Act to carry out
chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign
Assistance Act of 1961, and title II of the Food for Peace Act (Public Law
83–480), may be used by USAID to employ up to 40 personal services contractors
in the United States, notwithstanding any other provision of law, for the
purpose of providing direct, interim support for new or expanded overseas
programs and activities managed by the agency until permanent direct hire
personnel are hired and trained:
Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office:
Provided further, That
such funds appropriated to carry out title II of the Food for Peace Act (Public
Law 83–480), may be made available only for personal services contractors
assigned to the Office of Food for Peace.
(h)
Small
Business
In entering into multiple award indefinite-quantity
contracts with funds appropriated by this Act, USAID may provide an exception
to the fair opportunity process for placing task orders under such contracts
when the order is placed with any category of small or small disadvantaged
business.
(i)
Senior Foreign
Service Limited Appointments
Individuals hired pursuant to the
authority provided by section 7059(o) of division F of Public Law 111–117 may
be assigned to or support programs in Afghanistan or Pakistan with funds made
available in this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs.
(j)
Local
sustainable development officers
(1) Not later than 90 days after enactment of this Act and after consultation with the appropriate
congressional committees, the USAID Administrator shall establish a new
Foreign Service Officer position designated as Local Sustainable Development Officer, and submit to the Committees on Appropriations a plan to establish such position, including—
(A) specifying a time period for overseas assignments that facilitates sustainable development, and
which includes the option of extending such overseas assignments;
(B) sufficient foreign language training;
(C) expertise in one or more program areas;
(D) position descriptions that give such officers primary responsibility for building
relationships with and the capacity of local nongovernmental and
governmental entities, and supporting grants to and cooperative agreements
with such entities to design and implement small-scale, sustainable
programs, projects, and activities across all development sectors;
(E) incentives, including training, compensation, and career development opportunities, to encourage
such officers to carry out their responsibilities; and
(F) ensuring that the responsibilities and assignments of relevant locally employed staff are fully
integrated with the work of such officers.
(2) The USAID Administrator shall—
(A) offer to current USAID Foreign Service Officers the opportunity to convert to a Local Sustainable
Development Officer position; and
(B) designate not less than half of the total number of Foreign Service Officer positions that
become vacant annually due to attrition as Local Development Sustainable
Officer positions.
(k)
Global Development Lab Personnel
Funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 may be used to employ up to 15 individuals on a limited appointment
basis for activities related to the United States Global Development Lab
pursuant to schedule A of the Excepted Service, or similar authority: Provided, That such funds are in addition to funds otherwise available for such purposes.
global health
activities
7058.
(a)
In
general
Funds appropriated by
titles III and IV of this Act that are made available for bilateral assistance
for global health programs including activities relating to research on, and
the prevention, treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law except for provisions under the
heading Global Health Programs and section 7018 of this Act and the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended:
Provided, That of the funds
appropriated under title III of this Act, not less than
$606,800,000 should be made available for family
planning/reproductive health, including in areas where population growth
threatens biodiversity or endangered species.
(b)
Pandemic response
If the President determines and reports to
the Committees on Appropriations that a pandemic virus is efficient and
sustained, severe, and is spreading internationally, any funds made available
under titles III and IV in this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs may be made
available to combat such virus:
Provided, That funds made available
pursuant to the authority of this subsection shall be subject to prior
consultation with, and the regular notification procedures of, the Committees
on Appropriations.
gender
equality
7059.
(a)
Gender
Equality
Funds appropriated by this Act shall be made available
to promote gender equality in United States Government diplomatic and
development efforts by raising the status, increasing the participation, and
protecting the rights of women and girls worldwide.
(b)
Women’s
leadership
Of the funds appropriated by title III of this Act,
not less than $50,000,000 shall be made
available to increase leadership opportunities for women in countries where
women and girls suffer discrimination due to law, policy, or practice, by
strengthening protections for women’s political status, expanding women’s
participation in political parties and elections, and increasing women’s
opportunities for leadership positions in the public and private sectors at the
local, provincial, and national levels.
(c)
Gender-Based
violence
(1)
(A) Of the funds
appropriated by titles III and IV of this Act, not less than
$150,000,000 should be made available to
implement a multi-year strategy to prevent and respond to gender-based violence
in countries where it is common in conflict and non-conflict settings.
(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 USAID gender programs shall incorporate coordinated efforts to combat
a variety of forms of gender-based violence, including child marriage, rape,
female genital cutting and mutilation, and domestic violence, among other forms
of gender-based violence in conflict and non-conflict settings.
(d)
Women, peace,
and security
Funds appropriated by this Act under the headings
Development Assistance, Economic Support Fund,
and International Narcotics Control and Law Enforcement should
be made available to support a multi-year strategy to expand, and improve
coordination of, United States Government efforts to empower women as equal
partners in conflict prevention, peace building, transitional processes, and
reconstruction efforts in countries affected by conflict or in political
transition, and to ensure the equitable provision of relief and recovery
assistance to women and girls.
SECTOR
ALLOCATIONS
7060.
(a)
Basic and higher education
(1)
(A)
Basic education
Of the funds appropriated under title III of this Act, up to $534,291,000 may be made available for
assistance for basic education, subject to the requirements of
subparagraph (B).
(B) Funds appropriated under title III of this Act that are available for basic education assistance
may
only be made available if the Administrator of the United States Agency
for International Development (USAID) certifies and reports to the
Committees on Appropriations upon enactment of this Act that the amount of
unobligated and unexpended funds for such assistance from prior acts
making appropriations for the Department of State, foreign operations,
and related programs does not exceed $534,291,000: Provided, That if the USAID Administrator is unable to make such certification, $334,291,000 of the funds
made available under title III of this Act for basic education assistance
shall be transferred to, and merged with, funds made available under the
headings International Disaster Assistance, Complex Crises Fund, and Migration and Refugee Assistance, and $200,000,000 of such funds shall be made available for programs other than basic education
under the headings Development Assistance and Economic Support Fund, following consultation with the Committees on Appropriations.
(2)
Higher education
Of the funds appropriated by title III of
this Act, not less than $249,592,000 shall be
made available for assistance for higher education, of which not less than
$35,000,000 shall be to support such programs in
Africa, including for partnerships between higher education institutions in
Africa and the United States.
(3) Of the funds appropriated by title III of this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs that are
made available for assistance for basic and higher education, not less
than $15,000,000 shall be made available for such assistance for persons
who
are blind.
(4) For purposes of funds appropriated under
title III of this Act, the term democracy programs in section 7032(c)(1) of this Act shall also
include programs to rescue scholars, and fellowships, scholarships, and
exchanges in the Middle East and North Africa region for academic professionals
and university students from countries in such region, subject to the regular
notification procedures of the Committees on Appropriations.
(b)
Countering
violent extremism
Funds appropriated by titles III, IV, and VIII of this
Act may be made available for programs to reduce support for foreign terrorist
organizations (FTOs), as designated pursuant to section 219 of the Immigration
and Nationality Act, through messaging campaigns to damage their appeal;
programs for potential supporters of violent extremism; counter radicalization
and rehabilitation programs in prisons; job training and social reintegration
for former supporters of FTOs; law enforcement training programs; and capacity
building for civil society organizations to combat radicalization in local
communities:
Provided, That for purposes of this
subsection the term countering violent extremism shall be
defined as non-coercive interventions aimed directly at reducing public support
for FTOs:
Provided further, That
not later than 180 days after enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant United States Government
agencies, shall submit a multi-year strategy to counter violent extremism,
including a description of the objectives of such strategy, oversight
mechanisms for programs to carry out such strategy, and multi-year cost
estimates.
(c)
Environment and Energy Programs
(1)
In general
Of the funds appropriated by this Act, not
less than $1,167,250,000 should be made
available for environment programs.
(2)
Clean energy
The limitation in section 7081(b) of
division F of Public Law 111–117 shall continue in effect during fiscal year
2015 as if part of this Act:
Provided, That the proviso contained
in such section shall not apply.
(3)
Adaptation and mitigation
Funds appropriated by this Act may be made
available for United States contributions to multilateral environmental funds
and facilities to support adaptation and mitigation programs and
activities.
(4)
Sustainable landscapes and
biodiversity
Of the funds
appropriated under title III of this Act, not less than
$123,500,000 shall be made available for
sustainable landscapes programs and, in addition, not less than
$250,000,000 shall be made available to protect
biodiversity, and shall not be used to support or promote the expansion of
industrial scale logging or any other industrial scale extractive activity into
areas that were primary/intact tropical forest as of December 30, 2013:
Provided, That of the funds made
available for the Central African Regional Program for the Environment and
other tropical forest programs in the Congo Basin, not less than
$17,500,000 shall be apportioned directly to the
United States Fish and Wildlife Service (USFWS):
Provided further, That funds made available for the
Department of the Interior (DOI) for programs in the Mayan Biosphere Reserve
shall be apportioned directly to the DOI:
Provided further, That not less than
$5,000,000 of such funds shall be made
available to support other international conservation programs of the USFWS,
not less than $5,000,000 shall be made available
for such programs of the United States Forest Service, and such funds shall
also be made available for programs to protect great apes and other endangered
species.
(5)
Wildlife
Poaching and Trafficking
(A) Not less than
$55,000,000 of the funds appropriated under
titles III and IV of this Act shall be made available to combat the
transnational threat of wildlife poaching and trafficking, including not less
than $10,000,000 for programs to combat
rhinoceros poaching in southern Africa.
(B) 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 interests of the
United States.
(6)
Waste
recycling
Of the funds appropriated under title III of this Act,
not less than $5,000,000 shall be made available
for small grants to support initiatives to recycle waste.
(7)
Toxic
chemicals
Of the funds appropriated under title III of this Act,
not less than $5,000,000 shall be made available
for small grants to support initiatives to identify areas severely affected by
toxic chemical pollution and to eliminate the threats to health and the
environment caused by such pollution.
(8)
Authority
Funds appropriated by this Act to carry out
the provisions of sections 103 through 106, and chapter 4 of part II, of the
Foreign Assistance Act of 1961 may be used, notwithstanding any other provision
of law except for the provisions of this subsection and subject to the regular
notification procedures of the Committees on Appropriations, to support
environment programs.
(9)
Extraction of natural resources
(A) Funds appropriated by this Act shall be
made available to promote and support transparency and accountability of
expenditures and revenues related to the extraction of natural resources,
including by strengthening implementation and monitoring of the Extractive
Industries Transparency Initiative, implementing and enforcing section 8204 of
Public Law 110–246 and to prevent the sale of conflict diamonds, and provide
technical assistance to promote independent audit mechanisms and support civil
society participation in natural resource management.
(B)
(i) The Secretary of the Treasury shall
instruct the United States executive director of each international financial
institution to vote against any assistance by such institutions (including but
not limited to any loan, credit, grant, or guarantee) for the extraction and
export of a natural resource if the government of the country has in place
laws, regulations, or procedures to prevent or limit the public disclosure of
company payments as required by section 1504 of Public Law 111–203, and unless
such government has adopted laws, regulations, or procedures in the sector in
which assistance is being considered for—
(I) accurately accounting for and public
disclosure of payments to the host government by companies involved in the
extraction and export of natural resources;
(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.
(ii) The requirements of clause (i) shall not
apply to assistance for the purpose of building the capacity of such government
to meet the requirements of this subparagraph.
(C) The Secretary of the Treasury or the
Secretary of State, as appropriate, shall instruct the United States executive
director of each international financial institution and the United States
representatives to all forest-related multilateral financing mechanisms and
processes to vote against any financing to support or promote the expansion of
industrial scale logging or any other industrial scale extractive activity into
areas that were primary/intact tropical forest as of December 30, 2013.
(D) The Secretary of
the Treasury shall instruct the United States executive director of each
international financial institution to vote in relation to any loan, grant,
strategy
or policy of such institution to support the construction of any large
hydroelectric dam (as defined in Dams and Development: A New Framework
for Decision-Making, World Commission on Dams (November 2000)), only in accordance with the procedures and requirements
specified under this heading
in the report accompanying this Act.
(E) Not later than 90 days after enactment of this Act, the USAID Administrator shall designate
sufficient personnel with the technical expertise to fulfill the
agency’s
responsibilities under sections 1302, 1303, and 1307 of title XIII of the
International Financial Institutions Act of 1977, as amended, including
the ability for personnel with such expertise from the Environmental
Protection Agency, United
States Fish and Wildlife Service, and other relevant United States
Government agencies to be detailed to USAID, as needed, which may be on a
non-reimbursable basis, to provide
additional technical support and specific subject matter reviews:
Provided further, That the responsibilities of such personnel shall include, but not be limited to—
(i) conducting independent, technical, and thorough reviews of proposed multilateral development bank
(MDB) projects at the technical assessment/feasibility stage prior to the
drafting of an environmental impact assessment;
(ii) conducting such reviews, and coordinating and compiling the analyses by other relevant United
States Government agencies, of the environmental impact assessment; and
(iii) ongoing monitoring of MDB projects to determine the degree of incorporation and
effectiveness of United States Government recommendations and the adequacy
of safeguard policies.
(10)
Continuation of prior law
Section 7081(g)(2) and (4) of division F of
Public Law 111–117 shall continue in effect during fiscal year 2015 as if part
of this Act.
(d)
Food security and agricultural
development
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 funds may be made
available notwithstanding any other provision of law to address food shortages,
and for a United States contribution to the endowment of the
Global Crop Diversity Trust.
(e)
Microenterprise and
microfinance
Of the funds
appropriated by this Act, not less than
$210,302,000 should be made available for
microenterprise and microfinance development programs for the poor, especially
women.
(f)
Reconciliation programs
Of
the funds appropriated by this Act under the headings Economic Support
Fund and Development Assistance, not less than
$25,000,000 shall be made available to support
people-to-people reconciliation programs which bring together individuals of
different ethnic, religious, and political backgrounds from areas of civil
strife and war:
Provided, That the USAID
Administrator shall consult with the Committees on Appropriations, prior to the
initial obligation of funds, on the uses of such funds: Provided further, That to the maximum
extent practicable, such funds shall be matched by sources other than the
United States Government.
(g)
Trafficking in persons
Of the funds appropriated by this Act under
the headings Development Assistance, Economic Support
Fund, and International Narcotics Control and Law
Enforcement, not less than $49,244,000
shall be made available for activities to combat trafficking in persons
internationally.
(h)
Water and sanitation
Of the funds appropriated by this Act, not
less than $400,000,000 shall be made available
for water and sanitation supply projects pursuant to the Senator Paul Simon
Water for the Poor Act of 2005 (Public Law 109–121), of which not less than
$15,000,000 shall be made available for programs to design and build
safe, public latrines for women and girls in Africa and Asia.
(j)
Notification requirements
Authorized deviations from funding levels
contained in this section shall be subject to the regular notification
procedures of the Committees on Appropriations.
Uzbekistan
7061. The terms and conditions of section 7076 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111–8) shall apply to funds
appropriated by this Act, except that the Secretary of State may waive the
application of section 7076(a) for a period of not more than 6 months and every
6 months thereafter until September 30, 2016, if the Secretary certifies to the
Committees on Appropriations that the waiver is in the national security
interest and necessary to obtain access to and from Afghanistan for the United
States, and the waiver includes an assessment of progress, if any, by the
Government of Uzbekistan in meeting the requirements in section 7076(a):
Provided, That the Secretary of
State, in consultation with the Secretary of Defense, shall submit a report to
the Committees on Appropriations not later than 12 months after enactment of
this Act and 6 months thereafter, on all United States Government assistance
provided to the Government of Uzbekistan and expenditures made in support of
the Northern Distribution Network in Uzbekistan during the previous 12 months,
including any credible information that such assistance or expenditures are
being diverted for corrupt purposes:
Provided further, That
information provided in the assessment and report required by the previous
provisos shall be unclassified but may be accompanied by a classified annex and
such annex shall indicate the basis for such classification:
Provided further, That
for purposes of the application of section 7076(e) to this Act, the term
assistance shall not include expanded international military
education and training.
Requests for
documents
7062. Section 7062 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
UNITED NATIONS POPULATION
FUND
7063.
(a) Of the funds made available under the
heading International Organizations and Programs in this Act for
fiscal year 2015, $37,500,000 shall be made
available for the United Nations Population Fund (UNFPA).
(b) Funds appropriated by this Act for UNFPA,
that are not made available for UNFPA because of the operation of any provision
of law, shall be transferred to the ‘‘Global Health Programs’’ account and
shall be made available for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of the Committees on
Appropriations.
(c) None of the funds made available by this Act may be used by the UNFPA for a country program in the
People’s Republic of China.
(d) Funds made available by this Act for UNFPA may not be made available unless—
(1) UNFPA maintains funds made available by this Act in an account separate from other accounts of
UNFPA and does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
budget
documents
7064.
(a)
Operating
Plans
Not later than 45 days
after the date of enactment of this Act, each department, agency, or
organization funded in titles I and II of this Act, and the Department of the
Treasury and Independent Agencies funded in title III of this Act, including
the Inter-American Foundation and the United States African Development
Foundation, shall submit to the Committees on Appropriations an operating plan
for funds appropriated to such department, agency, or organization in such
titles of this Act, or funds otherwise available for obligation in fiscal year
2015, that provides details of the uses of such funds at the program, project,
and activity level:
Provided, That such plans shall
include, as applicable, a comparison between the most recent congressional
directives or approved funding levels and the funding levels proposed by the
department or agency; applicable legislative references, including the
authority to spend funds in a manner notwithstanding any other provision of
law; and a clear, concise, and informative description/justification:
Provided further, That
operating plans for funds appropriated for such department, agency, or
organization in titles I, II, or III and title VIII, shall simultaneously
submit the operating plans for, and integrated information on, enduring and
Overseas Contingency Operations funds:
Provided further, That operating plans that include changes in levels of funding specified in this Act or in the
accompanying report shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b)
Spend
Plans
(1) Prior to the initial obligation of funds, the Secretary of
State, in consultation with the Administrator of the United States Agency for
International Development (USAID), shall submit to the Committees on
Appropriations a detailed spend plan for funds made available by this Act under
title III, and under title IV where applicable, for—
(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 American Regional Security Initiative,
the Trans-Sahara Counterterrorism Partnership program, and the Partnership for
Regional East Africa Counterterrorism program; and
(C) democracy
programs, and food security and agriculture development programs.
(2) Not later than 45
days after enactment of this Act, the USAID Administrator shall submit to the
Committees on Appropriations a detailed spend plan for funds made available
during fiscal year 2014 under the heading Development Credit
Authority.
(3) 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)
Notifications
The
spend plans referenced in subsection (b) shall not be considered
as meeting the notification requirements in this Act or under section 634A of
the Foreign Assistance Act of 1961.
(d)
Congressional Budget Justification
The Secretary of State and the USAID Administrator shall include in the congressional budget
justification a detailed justification for multi-year availability for any
funds requested under the headings Diplomatic and Consular Programs and Operating Expenses:Provided, That if such justification is not included funds under such headings will be limited to 1-year
availability.
INTERNATIONAL PRISON
CONDITIONS
7065. Funds appropriated under the headings
Development Assistance, Economic Support Fund,
and International Narcotics Control and Law Enforcement in this
Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961, for assistance to eliminate inhumane conditions in
foreign prisons and other detention facilities:
Provided, That decisions regarding
the uses of such funds shall be the responsibility of the Assistant Secretary
of State for Democracy, Human Rights, and Labor (DRL), in consultation with the
Assistant Secretary of State for International Narcotics Control and Law
Enforcement Affairs, and the Assistant Administrator for Democracy, Conflict,
and Humanitarian Assistance, United States Agency for International
Development, as appropriate:
Provided further, That
the Assistant Secretary of State for DRL shall consult with the Committees on
Appropriations prior to the obligation of funds.
Prohibition on use of
torture
7066.
(a) None of the funds made available in this
Act may be used to support or justify the use of torture, cruel, or inhumane
treatment by any official or contract employee of the United States
Government.
(b) Funds appropriated under titles III and IV
of this Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961 and following consultation with the Committees on
Appropriations, for assistance to eliminate torture by foreign police, military
or other security forces in countries receiving assistance from funds
appropriated by this Act.
Extradition
7067. Section 7067 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
COMMERCIAL LEASING OF DEFENSE ARTICLES
7068. Section 7068 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
7069. Section 7069 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
russia
7070.
(a)
(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 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 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
interests of the United States, and includes a justification for such
interests on a country-by-country basis.
(2) Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations listing any country identified pursuant
to the requirements of paragraph (1), and shall post and regularly update
such list on the Department of State’s Web site.
(3) 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 controlled banks,
and other Russian Government owned and controlled financial entities.
(4) 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.
(5) The requirements of subsection (a) 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.
(b) Of the funds
appropriated under title VIII of this Act under the headings Economic
Support Fund, International Narcotics Control and Law
Enforcement, and Foreign Military Financing Program, up to $100,000,000 shall be made available to
counter Russian aggression and influence in Central and Eastern Europe, and
Central Asia:
Provided, That such funds are in
addition to amounts otherwise made available for assistance for such regions
under titles III and IV of this Act:
Provided further, That
such funds shall also be made available to support the democracy and rule of
law strategy required by section 7071(d) of division K of Public Law 113–76,
which shall be updated on an ongoing basis.
(c) Funds
appropriated by this Act under the heading International Military
Education and Training shall be made available for programs to enhance
the professionalism and capability of military personnel from Central and
Eastern European and Central Asian countries that oppose Russian aggression in
those regions.
(d) Funds
appropriated by this Act for assistance for the Eastern Partnership countries
shall be made available to advance the implementation of Association
Agreements, trade agreements, and visa liberalization agreements with the
European Union, and to reduce their vulnerability to external economic and
political pressure from the Russian Federation.
(e) Of the funds
appropriated by this Act under the heading Economic Support
Fund, not less than $35,000,000 shall be made
available to support the advancement of democracy and the rule of law in the
Russian Federation, including to promote Internet freedom.
(f) Not later than 45
days after enactment of this Act, the Secretary of State shall update the
reports required by section 7071(b)(2), (c), and (e) of division K of Public
Law 113–76.
international monetary fund
7071.
(a) The terms and conditions of sections
7086(b) (1) and (2) and 7090(a) of division F of Public Law 111–117 shall apply
to this Act.
(b) The Secretary of the Treasury shall
instruct the United States Executive Director of the International Monetary
Fund (IMF) to seek to ensure that any loan will be repaid to the IMF before
other private creditors.
(c) The Secretary of the Treasury shall seek to
require that the IMF implements protections for
whistleblowers from retaliation that meet such requirements in United States law,
including—
(1) protection
against retaliation for internal and lawful public disclosures;
(2) legal burdens of
proof;
(3) statutes of
limitation for reporting retaliation;
(4) access to
independent adjudicative bodies, including external arbitration; and
(5) results that
eliminate the effects of proven retaliation.
(d)
(1) Section 17 of the
Bretton Woods Agreements Act (22 U.S.C. 286e–2) is amended in subsections
(b)(1) and (b)(2) by adding at the end in both subsections, after
Fund, only to the extent that such amounts are not
subject to cancellation.
(2) The Bretton Woods
Agreements Act (22 U.S.C. 286 et seq.) is amended by adding at the end the
following:
71.
Acceptance of
amendments to the articles of agreement of the fund
The United States Governor of the Fund may
accept the amendments to the Articles of Agreement of the Fund as proposed in
resolution 66–2 of the Board of Governors of the Fund.
72.
Quota
increase
(a)
In
general
The United States Governor of the Fund may consent to an
increase in the quota of the United States in the Fund equivalent to
40,871,800,000 Special Drawing Rights.
(b)
Subject to
appropriations
The authority provided by subsection (a) shall be
effective only to such extent or in such amounts as are provided in advance in
appropriations
Acts.
.
PROHIBITION ON FIRST CLASS TRAVEL
7072. Section 7072 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
Public posting of
reports
7073.
(a) Except as provided in
subsections (b) and (c), any report required by this Act to be submitted to
Congress by any Federal agency receiving funds made available by this Act shall
be posted on the public Web site of such agency not later than 30 days following
its receipt
by the Congress.
(b) Subsection (a)
shall not apply to a report if—
(1) the public
posting of the report would compromise national security, including the conduct
of diplomacy;
(2) the report
contains proprietary or other privileged information; or
(3) the report is specifically exempted in the report accompanying this Act.
(c) The agency
posting such report shall do so only after the report has been made available
to the Committees on Appropriation.
Assistance for united states
citizens and nationals wrongly detained abroad
7074.
(a) Funds appropriated by this Act shall be
made available for the Secretary of State to develop and implement a policy and
procedures
for determining whether citizens and nationals of the United States detained
abroad are more likely than not detained arbitrarily and in violation of
international law and, as such, deserving of enhanced legal and diplomatic
support:
Provided, That each such
determination shall be based on an assessment by the Secretary based on
established criteria, including—
(1) whether the
detained individual has presented credible evidence of factual innocence to
United States Government officials;
(2) whether evidence
exists that the individual is detained solely because he or she is a citizen or
national of the United States;
(3) whether evidence
exists that the individual is being detained in violation of internationally
protected rights and freedoms such as freedoms of expression, association,
assembly, and religion;
(4) whether the
individual is being detained in violation of the detaining country’s
laws;
(5) whether
independent nongovernmental organizations or journalists have raised legitimate
questions about the individual’s innocence;
(6) whether the
United States embassy in the country where the individual is being detained has
received other credible reports that the detention is more likely than not a
pretext;
(7) whether police
reports show evidence of a credible investigation;
(8) whether the
individual is detained in a country where the Department of State has
determined in its annual human rights reports that the judicial system is not
independent or impartial, is susceptible to corruption, or is incapable of
rendering just verdicts; and
(9) whether the
international right to due process of law has been sufficiently impaired so as
to render the detention arbitrary.
(b) The Secretary of
State shall submit to the appropriate congressional committees a quarterly
report on citizens and nationals of the United States detained abroad who are
more likely than not detained arbitrarily and in violation of international
law:
Provided, That such report shall
include current estimates of the number of individuals so detained, as well as
relevant
information about particular cases, such as—
(1) the name of the
individual;
(2) basic facts about
the case;
(3) the reasons the
Secretary of State believes it is more likely than not that the individual is
detained arbitrarily and in violation of international law;
(4) a description of
specific efforts, legal and diplomatic, taken on behalf of the individual since
the last reporting period, including a description of accomplishments and
setbacks; and
(5) a description of
intended next steps.
(c) The Secretary of
State shall publish a resource manual for government officials and families of
wrongly detained individuals including suggested actions designed to obtain
their release, including acting through traditional diplomatic and consular
channels, submitting public or private letters from members of Congress, and
consulting with relevant legal and human rights organizations.
Arms Trade
Treaty
7075. None of the funds appropriated by this Act
may be obligated or expended to implement in the United States the Arms Trade
Treaty until the Senate approves a resolution of ratification for the
Treaty.
Overseas private investment
corporation
7076. Whenever the President determines that it
is in furtherance of the purposes of the Foreign Assistance Act of 1961, up to a total
of $20,000,000 of the funds appropriated under
title III of this Act may be transferred to, and merged with, funds
appropriated by this Act for the Overseas Private Investment Corporation
Program Account, to be subject to the terms and conditions of that account:
Provided, That such funds shall not
be available for administrative expenses of the Overseas Private Investment
Corporation:
Provided further, That
designated funding levels in this Act shall not be transferred pursuant to this
section:
Provided further, That
the exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
SPECIAL DEFENSE ACQUISITION FUND
7077. Section 7077 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
use of funds in contravention of
this act
7078. Section 7078 of division K of Public Law 113–76 shall continue in effect during fiscal year 2015 as
if part of this Act.
Disability
programs
7079.
(a) Of the funds appropriated by this Act under
the heading Economic Support Fund, not less than
$7,000,000 shall be made available for programs
and activities administered by the United States Agency for International
Development (USAID) to address the needs and protect and promote the rights of
people with disabilities in developing countries, including initiatives that
focus on independent living, economic self-sufficiency, advocacy, education,
employment, transportation, sports, and integration of individuals with
disabilities, including for the cost of translation.
(b) Of the funds made available by this
section, 5 percent may be used for USAID for management, oversight, and
technical support.
IMPACT ON JOBS IN THE UNITED STATES
7080. Section 7081 (1) and (2) of division K of Public Law 113–76 shall continue in effect during fiscal
year 2015 as
if part of this Act.
Authority for
replenishments
7081.
(a) The Asian Development Bank Act, Public Law
89–369, as amended (22 U.S.C. 285 et seq.), is further amended by adding at the
end thereof the following new section:
35.
Tenth
Replenishment
(a) The United States
Governor of the Bank is authorized to contribute, on behalf of the United
States, $359,600,000 to the tenth replenishment
of the resources of the Fund, subject to obtaining the necessary
appropriations.
(b) In order to pay
for the United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$359,600,000 for payment by the Secretary of the
Treasury.
.
(b) The International
Development Association Act, Public Law 86–565, as amended (22 U.S.C. 284 et
seq.), is further amended by adding at the end thereof the following new
sections:
28.
Seventeenth
Replenishment
(a) The United States
Governor of the International Development Association is authorized to
contribute on behalf of the United States
$3,871,800,000 to the seventeenth replenishment
of the resources of the Association, subject to obtaining the necessary
appropriations.
(b) In order to pay
for the United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$3,871,800,000 for payment by the Secretary of
the Treasury.
29.
Multilateral
Debt Relief
(a) The Secretary of
the Treasury is authorized to contribute, on behalf of the United States, not
more than $565,020,000 to the International
Development Association for the purpose of funding debt relief costs under the
Multilateral Debt Relief Initiative incurred in the period governed by the
seventeenth replenishment of resources of the International Development
Association, subject to obtaining the necessary appropriations and without
prejudice to any funding arrangements in existence on the date of the enactment
of this section.
(b) In order to pay
for the United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation, not more than
$565,020,000 for payment by the Secretary of the
Treasury.
(c) In this section,
the term Multilateral Debt Relief Initiative means the proposal
set out in the G8 Finance Ministers' Communique entitled Conclusions on
Development, done at London, June 11, 2005, and reaffirmed by G8 Heads
of State at the Gleneagles Summit on July 8,
2005.
.
(c) The African
Development Fund Act, Public Law 94–302, as amended (22 U.S.C. 290g et seq.),
is further amended by adding at the end thereof the following new
sections:
223.
Thirteenth
Replenishment
(a) The United States
Governor of the Fund is authorized to contribute on behalf of the United States
$585,000,000 to the thirteenth replenishment of
the resources of the Fund, subject to obtaining the necessary
appropriations.
(b) In order to pay
for the United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$585,000,000 for payment by the Secretary of the
Treasury.
224.
Multilateral
Debt Relief
(a) The Secretary of
the Treasury is authorized to contribute, on behalf of the United States, not
more than $54,620,000 to the African Development
Fund for the purpose of funding debt relief costs under the Multilateral Debt
Relief Initiative incurred in the period governed by the thirteenth
replenishment of resources of the African Development Fund, subject to
obtaining the necessary appropriations and without prejudice to any funding
arrangements in existence on the date of the enactment of this section.
(b) In order to pay
for the United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation, not more than
$54,620,000 for payment by the Secretary of the
Treasury.
(c) In this section,
the term Multilateral Debt Relief Initiative means the proposal
set out in the G8 Finance Ministers' Communique entitled Conclusions on
Development, done at London, June 11, 2005, and reaffirmed by G8 Heads
of State at the Gleneagles Summit on July 8,
2005.
.
RESCISSION OF FUNDS
7082. Of the unexpended balances available under the heading ‘‘Export and Investment Assistance,
Export-Import Bank of the United States, Subsidy Appropriation’’ from
prior Acts making appropriations for the Department of State, foreign
operations, and related programs, $30,000,000 are rescinded.
Border crossing card fee for
minors
7083. Section 410(a)(1)(A) of title IV of the
Department of State and Related Agencies Appropriations Act, 1999 (contained in
division A of Public Law 105–277) is amended by striking a fee of
$13 and inserting a fee equal to
one-half the fee that would otherwise apply for processing a machine readable
combined border crossing identification card and nonimmigrant
visa.
small grants program
7084.
(a)
Establishment of the program
A Small Grants Program (SGP) shall be established within the United States Agency for International
Development (USAID) to provide small grants, cooperative agreements, and
other assistance mechanisms and agreements of not more than $2,000,000 to
small nongovernmental organizations, universities, and other small
entities (hereafter eligible entities) for the purpose of carrying out the provisions of chapters 1 and 10 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961: Provided, That the SGP established pursuant to this subsection shall replace the function served previously
by the Development Grants Program established under section 674 of
division I, of Public Law 110–161, which is hereby abolished.
(b)
Eligibility for grants
Grants from the SGP shall only be made to eligible entities.
(c)
Competition
Grants made pursuant to the authority of this subsection shall be provided through:
(1) unsolicited applications received and evaluated pursuant to USAID policy regarding such proposals;
or
(2) an open, transparent and competitive process that emphasizes simplicity.
(d)
Funding
(1) Of the funds appropriated by this Act to carry out chapter 1 of part I and chapter 4 of part II of
the Foreign Assistance Act of 1961, not less than $45,000,000 shall be
made available for the SGP within USAID’s Local Sustainability Office of
the Bureau for Economic Growth, Education and Environment to carry out
this subsection.
(2) Other than to meet the requirements of this subsection, funds made available to carry out this
subsection may not be allocated in the report required by section 653(a)
to meet any other specifically designated funding levels contained in this
Act: Provided, That such funds may be attributed to any such specifically designated funding level after the
award of funds under this section, if applicable.
(3) Funds made available under this subsection shall remain available for obligation until September
30, 2019: Provided, That grants, cooperative agreements, and other assistance mechanisms and agreements entered into
with such funds may entail commitments for the expenditure of such funds
through fiscal year 2020.
(e)
Program Management
(1) Not later than 120 days after enactment of this Act, the Administrator of USAID shall issue
guidance implementing this section: Provided, That such guidance shall:
(A) establish procedures whereby in each fiscal year, not less than 3 USAID missions shall be
competitively selected to run a multi-year SGP for its respective country;
and
(B) provide that the primary rationale for denying a mission request for SGP funding may not be that
such program does not fit within USAID's country development plan.
(2) Upon selection of a mission pursuant to the procedures required by paragraph (1), such selected
mission or missions may be allocated the full estimated cost of the
multi-year program: Provided, That such allocations shall be subject to the regular notification procedures of the Committees
on Appropriations.
(3) In addition to funds otherwise available for such purposes, up to 12 percent of the funds made
available to carry out this subsection may be used by USAID for
administrative and oversight expenses associated with managing
relationships with small entities under the SGP.
(f)
Report
Not later than 120 days after enactment of this Act and after consultation with the Committees on
Appropriations, the Administrator shall submit a report to such Committees
describing the procedures and mechanisms USAID intends to use to implement
the SGP.
Consular notification
compliance
7085.
(a)
Petition for
review
(1)
Jurisdiction
Notwithstanding
any other provision of law, a Federal court shall have jurisdiction to review
the merits of a petition claiming violation of Article 36(1)(b) or (c) of the
Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a
comparable provision of a bilateral international agreement addressing consular
notification and access, filed by an individual convicted and sentenced to
death by any Federal or State court before the date of enactment of this
Act.
(2)
Standard
To
obtain relief, an individual described in paragraph (1) must make a showing of
actual prejudice to the criminal conviction or sentence as a result of the
violation. The court may conduct an evidentiary hearing if necessary to
supplement the record and, upon a finding of actual prejudice, shall order a
new trial or sentencing proceeding.
(3)
Limitations
(A)
Initial
showing
To qualify for review under this subsection, a petition
must make an initial showing that—
(i) a violation of
Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, or a comparable provision of a bilateral international
agreement addressing consular notification and access, occurred with respect to
the individual described in paragraph (1); and
(ii) if such
violation had not occurred, the consulate would have provided assistance to the
individual.
(B)
Effect of prior
adjudication
A petition for review under this subsection shall
not be granted if the claimed violation described in paragraph (1) has
previously been adjudicated on the merits by a Federal or State court of
competent jurisdiction in a proceeding in which no Federal or State procedural
bars were raised with respect to such violation and in which the court provided
review equivalent to the review provided in this subsection, unless the
adjudication of the claim resulted in a decision that was based on an
unreasonable determination of the facts in light of the evidence presented in
the prior Federal or State court proceeding.
(C)
Filing
deadline
A petition for review under this subsection shall be
filed within 1 year of the later of—
(i) the date of
enactment of this Act;
(ii) the date on
which the Federal or State court judgment against the individual described in
paragraph (1) became final by the conclusion of direct review or the expiration
of the time for seeking such review; or
(iii) the date on
which the impediment to filing a petition created by Federal or State action in
violation of the Constitution or laws of the United States is removed, if the
individual described in paragraph (1) was prevented from filing by such Federal
or State action.
(D)
Tolling
The
time during which a properly filed application for State post-conviction or
other collateral review with respect to the pertinent judgment or claim is
pending shall not be counted toward the 1-year period of limitation.
(E)
Time limit for
review
A Federal court shall give priority to a petition for
review filed under this subsection over all noncapital matters. With respect to
a petition for review filed under this subsection and claiming only a violation
described in paragraph (1), a Federal court shall render a final determination
and enter a final judgment not later than one year after the date on which the
petition is filed.
(4)
Habeas
petition
A petition for review under this subsection shall be
part of the first Federal habeas corpus application or motion for Federal
collateral relief under chapter 153 of title 28, United States Code, filed by
an individual, except that if an individual filed a Federal habeas corpus
application or motion for Federal collateral relief before the date of
enactment of this Act or if such application is required to be filed before the
date that is 1 year after the date of enactment of this Act, such petition for
review under this subsection shall be filed not later than 1 year after the
enactment date or within the period prescribed by paragraph (3)(C)(iii),
whichever is later. No petition filed in conformity with the requirements of
the preceding sentence shall be considered a second or successive habeas corpus
application or subjected to any bars to relief based on preenactment
proceedings other than as specified in paragraph (2).
(5)
Referral to
magistrate
A Federal court acting under this subsection may refer
the petition for review to a Federal magistrate for proposed findings and
recommendations pursuant to 28 U.S.C. 636(b)(1)(B).
(6)
Appeal
(A)
In
general
A final order on a petition for review under paragraph
(1) shall be subject to review on appeal by the court of appeals for the
circuit in which the proceeding is held.
(B)
Appeal by
petitioner
An individual described in paragraph (1) may appeal a
final order on a petition for review under paragraph (1) only if a district or
circuit judge issues a certificate of appealability. A district or circuit
court judge shall issue or deny a certificate of appealability not later than
30 days after an application for a certificate of appealability is filed. A
district judge or circuit judge may issue a certificate of appealability under
this subparagraph if the individual has made a substantial showing of actual
prejudice to the criminal conviction or sentence of the individual as a result
of a violation described in paragraph (1).
(b)
Violation
(1)
In
general
An individual not covered by subsection (a) who is
arrested, detained, or held for trial on a charge that would expose the
individual to a capital sentence if convicted may raise a claim of a violation
of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done
at Vienna April 24, 1963, or of a comparable provision of a bilateral
international agreement addressing consular notification and access, at a
reasonable time after the individual becomes aware of the violation, before the
court with jurisdiction over the charge. Upon a finding of such a
violation—
(A) the consulate of
the foreign state of which the individual is a national shall be notified
immediately by the detaining authority, and consular access to the individual
shall be afforded in accordance with the provisions of the Vienna Convention on
Consular Relations, done at Vienna April 24, 1963, or the comparable provisions
of a bilateral international agreement addressing consular notification and
access; and
(B) the court—
(i) shall postpone
any proceedings to the extent the court determines necessary to allow for
adequate opportunity for consular access and assistance; and
(ii) may enter
necessary orders to facilitate consular access and assistance.
(2)
Evidentiary
hearings
The court may conduct evidentiary hearings if necessary
to resolve factual issues.
(3)
Rule of
construction
Nothing in this subsection shall be construed to
create any additional remedy.
(c)
Definitions
In
this section the term State means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
(d)
Applicability
The
provisions of this section shall apply during the current fiscal year and
hereafter.
FULBRIGHT UNIVERSITY VIETNAM
7086.
(a)
Definitions
Section 203 of the Vietnam Education Foundation Act of 2000 (title II of division B of H.R. 5666,
as enacted into law by section 1(a)(4) of Public Law 106–554 and contained
in appendix D of that Act; 114 Stat. 2763A–254; 22 U.S.C. 2452 note) is
amended—
(1) by redesignating paragraph (4) as paragraph (6); and
(2) by inserting after paragraph (3) the following:
(4)
Fulbright university vietnam
The term Fulbright University Vietnam means an independent, not-for-profit academic institution to be established in the Socialist
Republic of Vietnam.
(5)
Trust for university innovation in vietnam
The term Trust for University Innovation in Vietnam means a not-for-profit organization founded in 2012, which is engaged in promoting institutional
innovation in Vietnamese higher education.
.
(b)
Use of Vietnam Debt Repayment Fund for Fulbright University Vietnam
Section 207(c)(3) of the Vietnam Education Foundation Act of 2000 (title II of division B of H.R.
5666, as enacted into law by section 1(a)(4) of Public Law 106–554 and
contained in appendix D of that Act; 114 Stat. 2763A–257; 22 U.S.C. 2452
note) is amended
to read as follows:
(3)
Use of excess funds for fulbright university vietnam
During each of the fiscal years 2014 through 2018, amounts deposited into the Fund, in excess of
the amounts made available to the Foundation under paragraph (1), shall be
made available by the Secretary of the Treasury, upon the request of the
Secretary of State, for grants to the Trust for University Innovation in
Vietnam for the purpose of supporting the establishment of Fulbright
University Vietnam.
.
(c)
Grants Authorized
The Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note) is amended by adding at the end
the following:
211.
Fulbright University Vietnam
(a)
Grants Authorized
The Secretary of State may award 1 or more grants to the Trust for University Innovation in
Vietnam, which shall be used to support the establishment of Fulbright
University Vietnam.
(b)
Application
In order to receive 1 or more grants pursuant to subsection (a), Trust for University Innovation in
Vietnam shall submit an application to the Secretary of State at such
time, in such manner, and accompanied by such information as the Secretary
may reasonably require.
(c)
Minimum Standards
As a condition of receiving grants under this section, Trust for University Innovation in Vietnam
shall ensure that Fulbright University Vietnam—
(1) achieves standards comparable to those required for accreditation in the United States;
(2) offers graduate and undergraduate level teaching and research programs in a broad range of fields,
including public policy, management, and engineering; and
(3) establishes a policy of academic freedom and prohibits the censorship of dissenting or critical
views.
(d)
Annual Report
Not later than 90 days after the last day of each fiscal year, the Secretary of State shall submit
a report to the appropriate congressional committees that summarizes the
activities carried out under this section during such fiscal year.
.
Assistance for
foreign nongovernmental organizations
7087. Part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) is amended by inserting after section 104C the
following new section:
104D.
Eligibility
for Assistance
Notwithstanding
any other provision of law, regulation, or policy, in determining eligibility
for assistance authorized under sections 104, 104A, 104B, and 104C—
(1) a foreign nongovernmental organization
shall not be ineligible for such assistance solely on the basis of health or
medical services, including counseling and referral services, provided by such
organization with non-United States Government funds if such services are
permitted in the country in which they are being provided and would not violate
United States law if provided in the United States; and
(2) a foreign nongovernmental organization
shall not be subject to requirements relating to the use of non-United States
Government funds for advocacy and lobbying activities other than those that
apply to United States nongovernmental organizations receiving assistance under
this
part.
.
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 Consular Programs,
$1,350,803,000, to remain available until
September 30, 2016, of which $989,706,000 is for
Worldwide Security Protection and shall remain available until expended:
Provided, That the Secretary of State
may transfer up to $35,000,000 of the total
funds made available under this heading to any other appropriation of any
department or agency of the United States, upon the concurrence of the head of
such department or agency, to support operations in and assistance for
Afghanistan and to carry out the provisions of the Foreign Assistance Act of
1961:
Provided further, That any
such transfer shall be treated as a reprogramming of funds under subsections
(a) and (b) of section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set forth in
that section:
Provided further, That
such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985.
CONFLICT STABILIZATION OPERATIONS
For an additional amount for Conflict Stabilization Operations, $15,000,000, to remain available until expended: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Office of
inspector general
For an
additional amount for Office of Inspector General,
$56,900,000, to remain available until September
30, 2016, which shall be for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight:
Provided, That notwithstanding any other provision of law, any employee of the Special Inspector General
for Afghanistan Reconstruction who completes at least 12 months of
continuous service after the date of enactment of this Act or who is
employed on the date on which SIGAR terminates, whichever occurs first,
shall acquire competitive status for appointment to any position in the
competitive service for which the employee possesses the required
qualifications: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Embassy
security, construction, and maintenance
For an additional amount for Embassy
Security, Construction, and Maintenance,
$260,800,000, to remain available until
expended, of which $250,000,000 shall be for Worldwide Security Upgrades, acquisition, and
construction as authorized:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
International
organizations
contributions to international
organizations
For an
additional amount for Contributions to International
Organizations, $74,400,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
United
states agency for international development
Funds appropriated to the
president
Operating
expenses
For an additional
amount for Operating Expenses,
$171,585,000, to remain available until September
30, 2016:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Bilateral
Economic Assistance
Funds Appropriated to the
President
International Disaster
Assistance
For an additional
amount for International Disaster Assistance,
$1,235,000,000, to remain available until
expended:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Complex
crises fund
For an additional
amount for Complex Crises Fund,
$217,882,000 to remain available until September
30, 2016: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Economic
support fund
For an additional amount for Economic
Support Fund, $1,660,000,000, to remain
available until September 30, 2016:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Department of
State
Migration
and refugee assistance
For an
additional amount for Migration and Refugee Assistance,
$1,912,000,000, to remain available until
expended:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
International security
assistance
Department of
state
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For an additional amount for “Contributions for International Peacekeeping Activities”,
$556,010,000, to remain available until September 30, 2016: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1958.
International narcotics control
and law enforcement
For an
additional amount for International Narcotics Control and Law
Enforcement, $292,000,000, to remain
available until September 30, 2016:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Nonproliferation,
anti-terrorism, demining and related programs
For an additional amount for
Nonproliferation, Anti-terrorism, Demining and Related Programs,
$85,225,000, to remain available until September
30, 2016:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
peacekeeping
operations
For an additional
amount for Peacekeeping Operations,
$225,395,000, to remain available until
September 30, 2016:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided
further, That funds available for obligation under
this heading in this Act and in prior Acts making appropriations for the
Department of State, foreign operations, and related programs may be used to pay assessed
expenses of international peacekeeping activities in
Somalia.
Funds appropriated to the
president
Foreign
military financing program
For
an additional amount for Foreign Military Financing Program,
$507,000,000, to remain available until
September 30, 2016:
Provided, That not more than $7,000,000 of the funds appropriated under this heading may be obligated for
the necessary expenses, including the purchase of motor vehicles for
replacement only for use outside the United States, for the general cost
of administering the military assistance and sales in Iraq: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
multilateral assistance
Funds Appropriated to the President
International Financial Institutions
transition fund
For payment to the International Bank of Reconstruction and Development as trustee for the
Transition Fund by the Secretary of the Treasury, $5,000,000, to remain
available until expended: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
general
provisions
additional
appropriations
8001. Notwithstanding any other provision of law,
funds appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2015.
extension of authorities and
conditions
8002. Unless otherwise provided for in this Act,
the additional amounts appropriated by this title to appropriations accounts in
this Act shall be available under the authorities and conditions applicable to
such appropriations accounts.
transfer
authority
8003.
(a) Funds
appropriated by this title in this Act under the headings Complex Crises Fund, Economic
Support Fund, Contributions for International Peacekeeping Activities, International Narcotics Control and Law
Enforcement, Nonproliferation, Anti-terrorism, Demining and
Related Programs, Peacekeeping Operations, and
Foreign Military Financing Program may be transferred to, and
merged with—
(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 section, not to exceed
$25,000,000 from funds appropriated under the
headings International Narcotics Control and Law Enforcement,
Peacekeeping Operations, and Foreign Military Financing
Program by this title in this Act may be transferred to, and merged
with, funds previously made available under the heading Global Security
Contingency Fund:
Provided, That not later than 15 days
prior to making any such transfer, the Secretary of State shall notify the
Committees on Appropriations on a country basis, including the implementation
plan and timeline for each proposed use of such funds.
(c) The
transfer authority provided in subsections (a) and (b) may only be exercised to
address unanticipated contingencies or peacekeeping requirements.
(d) Funds appropriated under this heading may be transferred to, and merged with, funds previously made
available under the heading Transition Initiatives in title VIII of prior acts making appropriations for the Department of State, foreign operations,
and related programs.
(e) The
transfer authority provided by this section shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That such transfer
authority is in addition to any transfer authority otherwise available under
any other provision of law, including section 610 of the Foreign Assistance Act
of 1961 which may be exercised by the Secretary of State for the purposes of
this title.
DESIGNATION REQUIREMENT
8004. Each amount designated in this title by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available only if the
President subsequently so designates all such amounts and transmits such
designations to the Congress. This Act may be cited as the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015.
June 19, 2014Read twice and placed on the calendar