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Code · BILL · 113th Congress · S. 2499 (Placed on Calendar Senate) — Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year endin... · Sec. 7034

Sec. 7034.

2,528 words·~11 min read·/bill/113/s/2499/pcs/section-7034

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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. 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.
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. 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: , That the Secretary of State shall consult with the Committees on Appropriations prior to the obligation of funds pursuant to this subsection:
Provided , That for the purposes of this subsection the term Provided further foreign terrorist organization means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act. 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.
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. 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: , That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection.
Provided 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. 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: , That not more than $50,000,000 may be transferred in any single fiscal year.
Provided 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 ): , 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 Provided 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: , 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. Provided further 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. 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 . 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. The authority contained in section 1115(d) of Public Law 111–32 shall remain in effect through September 30, 2015. 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). 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). 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). 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. 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. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 ) is amended— In section 599D (8 U.S.C. 1157 note)— in subsection (b)(3), by striking and 2014 and inserting 2014, and 2015 ; and in subsection (e), by striking 2014 each place it appears and inserting 2015 ; and in section 599E ( 8 U.S.C. 1255 note) in subsection (b)(2), by striking 2014 and inserting 2015 . The authorities provided in section 1015(b) of Public Law 111–212 shall remain in effect through September 30, 2015. 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. 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: , That Federal agency components shall be charged only for their direct usage of each Working Capital Fund service: Provided , 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. Provided further 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. 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: , 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. Provided 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: , That the authority in section 525(b)(5) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 ( Provided 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: , 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. Provided further Funds appropriated under title III of this Act may be made available for the costs of direct and guaranteed loans: , 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 , 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. Provided further 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: , That the first, third and fifth provisos under section 7041(b) of division I of Provided 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): , 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 Provided further Public Law 113–76 shall apply to this Act. Funds made available by this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 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. 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. 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. 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: , That such limitation shall not apply to positions listed under sections 5312–5316 of title 5, United States Code: Provided , That such organization shall comply with Provided further section 4505a of title 5, United States Code, with respect to limitations on payment of performance-based cash awards. 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. 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. 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. 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.
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