Sec. 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. Funds appropriated by this Act should not be used to support any military training or operations that include child soldiers. 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.

Section 7034(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2016 as if part of this Act. Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement , not less than $4,000,000 shall be made available for forensic assistance relating to the exhumation of mass graves and identification of victims of war crimes and crimes against humanity, including in Sri Lanka, Central America, Peru, Colombia, and Africa, which shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State.

Section 7065 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2016 as if part of this Act. 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.

Not later than 120 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2015, by country and purpose of assistance, under the headings Nonproliferation, Anti-terrorism, Demining and Related Programs (for Anti-terrorism Programs), Peacekeeping Operations , International Military Education and Training , and Foreign Military Financing Program , as well as excess defense articles provided.

Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees on foreign assistance cases submitted for vetting for purposes of section 620M of the Foreign Assistance Act of 1961 during the preceding fiscal year, including: the total number of cases submitted, approved, suspended, or rejected for human rights reasons; and for cases rejected for human rights reasons, a description of the steps taken to encourage and assist a foreign government in bringing such individuals responsible to justice, in accordance with section 620M(c) of the Foreign Assistance Act of 1961.

The report required by this paragraph shall be submitted in unclassified form, but may be accompanied by a classified annex. For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated by section 517(b) of such Act as a major non-NATO ally, excluding Egypt.

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 Programme, notwithstanding any other provision of law. Funds appropriated by this Act under the heading Assistance for Europe, Eurasia and Central Asia shall be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by the Soviet-Eastern European Research and Training Act of 1983 ( 22 U.S.C. 4501 et seq. ).

Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia may be made available as contributions to establish and maintain memorial sites of genocide, subject to the regular notification procedures of the Committees on Appropriations. Of the amounts made available by title I of this Act under the heading Diplomatic and Consular Programs , up to $500,000 may be made available for grants pursuant to section 504 of Public Law 95–426 ( 22 U.S.C. 2656d ), including to facilitate collaboration with indigenous communities, and up to $1,000,000 may be made available for grants to carry out the activities of the Cultural Antiquities Task Force.

Section 7041(a)(2)(C)(ii) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2016 and thereafter as if part of this Act. The authorities provided for under the headings Program Account , Administrative Expenses , and Receipts Collected for the Export-Import Bank of the United States under title VI of this Act shall not be construed or interpreted to extend the date specified in section 7 of the Export-Import Bank Act of 1945 ( Public Law 79–173 ).

Section 415(a) of the Foreign Service Act of 1980 ( 22 U.S.C. 3975(a) ) is amended by striking a payment from the United States in an amount that, when added to the amount of the employee’s employer-provided group life insurance policy coverage (if any), equals $400,000 and inserting a special payment of $400,000, which shall be in addition to any employer provided life insurance policy coverage . The insurance benefit under section 415 of the Foreign Service Act of 1980 ( 22 U.S.C. 3975 ), as amended by subparagraph (A), shall be applicable to eligible employees who die as a result of injuries sustained while on duty abroad because of an act of terrorism, as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 ( 22 U.S.C. 2656f(d) ), anytime on or after April 18, 1983.

Funds appropriated by this Act may be made available in accordance with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980, except that foreign citizens and foreign private entities may be eligible notwithstanding section 24(g)(3) of such Act. 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: , 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 pilot program for possible expansion: Provided , That such report shall include the requirements specified in the report accompanying this Act: Provided further , That after completion of the pilot program the Department of State and USAID may not proceed with implementation of a PVS program until the Secretary of State and USAID Administrator, following the submission of the report required by the previous proviso, consult with the Committees on Appropriations on the results and findings of the pilot program, and review such results and findings with appropriate representatives from civil society. Provided further During fiscal year 2016, the President may use up to $150,000,000 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: , That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection. Provided Section 10(b) of Public Law 109–446 ; section 4 of Public Law 107–243 ; section 616(c) of Public Law 105–277 ; section 620C(c) of Public Law 87–195 ; and section 303 of title 22, United States Code, 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)(ii) 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. Provided Section 7034(k) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2016 as if part of this Act. Section 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) ) shall be applied by substituting September 30, 2016 for September 30, 2010 . 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, 2016, 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 the Supplemental Appropriations Act, 2009 ( 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). 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, 2016. 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 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 . The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 ) shall remain in effect through September 30, 2016. 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 justified in the President’s fiscal year 2016 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 Funds appropriated by this Act that are available for monitoring and evaluation of assistance under the headings International Disaster Assistance and Migration and Refugee Assistance shall, as appropriate, be made available for the regular collection of feedback obtained directly from beneficiaries on the quality and relevance of such assistance: , That the Department of State and USAID shall conduct regular oversight to ensure that such feedback is collected and used by implementing partners to maximize the cost-effectiveness and utility of such assistance, and require such partners that receive funds under such headings to establish procedures for collecting and responding 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 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: , 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 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: , 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 Funds appropriated under the heading Economic Support Fund in this Act may be made available to establish and operate one or more enterprise funds for Egypt and Tunisia, notwithstanding any other provision of law, and following consultation with the Committees on Appropriations: , That the first, third and fifth provisos under section 7041(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of 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, 2026. Provided further Funds made available by this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. Not later than 90 days after enactment of this Act and following consultation with the Committees on Appropriations, the Secretary of State and the Administrator of the United States Agency for International Development (USAID) shall submit to such Committees an assessment of the effectiveness of current policies and procedures in ensuring that payments for indirect costs, including for negotiated indirect cost rate agreements (NICRA), are reasonable and comply with the Federal Acquisition Regulations (FAR), as applicable, and title 2, part 200 of the Code of Federal Regulations (CFR); an assessment of potential benefits of setting a cap on such indirect costs to ensure the cost-effective use of appropriated funds; a plan to revise such policies and procedures to comply with the FAR and CFR and ensure that indirect costs are reasonable; and a timeline for implementing such plan. Of the funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund”, not less than $45,000,000 shall be made available to conduct, and pursuant to the authorities of, the Small Grants Program established by section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ), which may remain available until September 30, 2020. Not later than 45 days after enactment of this Act, the Administrator of the United States Agency for International Development (USAID) shall post on the USAID Web site detailed information describing the process by which small nongovernmental organizations, educational institutions, and other small entities seeking funding from USAID for unsolicited proposals through grants, cooperative agreements, and other assistance mechanism and agreements, can apply for such funding: , That the USAID Administrator should ensure that each bureau, office, and overseas mission has authority to approve, and sufficient funds to implement, such grants or other agreements that meet appropriate criteria for unsolicited proposals. Provided Section 7080 of Public Law 113–235 is amended as follows: in subsections

(b)and (c), strike Grants , and insert Awards ; in subsection (c)(1), delete or after proposals; ; in subsection (c)(2) delete the period after process , and insert ; or ; after subsection (c)(2), insert

(3)as otherwise allowable under Federal Acquisition Regulations and USAID procurement policies. ; and in subsection (e)(3), strike 12 , and insert 20 , and strike administrative and oversight expenses associated with managing and insert administrative expenses, and other necessary support associated with managing and strengthening . For the purposes of section 7080 of Public Law 113–235 , eligible entities shall be defined as small local, international, and United States-based nongovernmental organizations, educational institutions, and other small entities that have received less than a total of $5,000,000 in USAID funding over the previous five years: , That departments or centers of such educational institutions may be considered individually in determining such eligibility. Provided 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 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. For purposes of this Act, the term countering violent extremism shall be defined as non-coercive interventions aimed directly at reducing public support for non-state entities that engage in terrorist activities. For purposes of this Act, the term best practices for the protection of whistleblowers means practices that are implemented consistent with terms specified in international conventions or adopted by international organizations such as the Organization of Economic Cooperation and Development and the Organization of American States. 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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