Sec. 7034.

1,606 words·~7 min read·/bill/114/hr/2772/rh/section-7034·

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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: Provided , That funds made available pursuant to the authority of this subsection shall be subject to section 7048 of this Act. Any agency receiving funds made available by this Act shall, subject to paragraphs

(2)and (3), post on the public Web site of such agency any report required by this Act to be submitted to the Committees on Appropriations, upon a determination by the head of such agency that to do so is in the national interest. Paragraph

(1)shall not apply to a report if— the public posting of such report would compromise national security, including the conduct of diplomacy; or the report contains proprietary, privileged, or sensitive information. The head of the agency posting such report shall do so only after such report has been made available to the Committees on Appropriations for not less than 45 days. Funds appropriated by this Act under the heading Economic Support Fund shall be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by the Soviet-Eastern European Research and Training Act of 1983 ( 22 U.S.C. 4501–4508 ). Funds appropriated by this Act, and prior Acts making appropriations for the Department of State, foreign operations, and related programs, under the heading Economic Support Fund may be made available as a contribution to establish and maintain memorial sites of genocide, subject to the regular notification procedures of the Committees on Appropriations. Funds appropriated by this Act or in titles I through IV of prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be used by the Secretary of State and the USAID Administrator, as appropriate, to support the continued implementation of the Partner Vetting System

(PVS)pilot program: Provided , That the Secretary of State and the USAID Administrator shall jointly submit a report to the Committees on Appropriations, not later than 30 days after completion of the pilot program, on the estimated timeline and criteria for evaluating the PVS for possible expansion: Provided further , That such report shall include the requirements under this subsection in the report accompanying this Act: Provided further , That such report may be delivered in classified form, if necessary. During fiscal year 2016, 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 should 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. Section 616(c) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 (division A of Public Law 105–277 ) and section 570(d) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (division A of Public Law 104–208 ) 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 2016, 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. The authority contained in section 1115(d) of Public Law 111–32 shall remain in effect through September 30, 2016. Section 824(g) of the Foreign Service Act of 1980 ( 22 U.S.C. 4064(g) ) shall be applied by substituting September 30, 2016 for October 1, 2010 in paragraph (2). 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, 2016 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, 2016 for October 1, 2010 in subparagraph (B). The authorities provided in section 1015(b) of Public Law 111–212 shall remain in effect through September 30, 2016. 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 2015 and inserting 2015, and 2016 ; and in subsection (e), by striking 2015 each place it appears and inserting 2016 ; and in section 599E ( 8 U.S.C. 1255 note) in subsection (b)(2), by striking “2015” and inserting “2016”. Funds appropriated under the heading Economic Support Fund only in title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees for Jordan, Ukraine, and Tunisia, which are authorized to be provided: Provided , That amounts made available under this paragraph for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country: Provided further , That funds made available pursuant to this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 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 be made available for pharmaceuticals and other products for child survival, malaria, and tuberculosis 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. 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. 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, and shall not include amounts that were designated by Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. Any reference to Southern Kordofan in this or any other Act making appropriations for the Department of State, foreign operations, and related programs shall be deemed to include portions of Western Kordofan that were previously part of Southern Kordofan prior to the 2013 division of Southern Kordofan.

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