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Code · BILL · 119th Congress · H.R. 7148 (Engrossed in House) — Making further consolidated appropriations for the fiscal year ending September 30, 2026, and for other purposes. · Sec. 7034

Sec. 7034.

1,812 words·~8 min read·/bill/119/hr/7148/eh/section-7034

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Funds appropriated in title III 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. Of the funds appropriated by this Act under the headings National Security Investment Programs and International Narcotics Control and Law Enforcement , not less than $15,000,000 shall be made available for forensic assistance related to combating human trafficking as well as the exhumation and identification of victims of war crimes, crimes against humanity, and genocide:
That such funds shall be in addition to funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for assistance for countries. Provided, Funds appropriated by this Act under the heading National Security Investment Programs 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.
None of the funds made available by this Act may be used to modify the Exchange Visitor Program administered by the Department of State to implement the Mutual Educational and Cultural Exchange Act of 1961 ( Public Law 87–256 ; 22 U.S.C. 2451 et seq. ), except through the formal rulemaking process pursuant to the Administrative Procedure Act ( 5 U.S.C. 551 et seq. ) and notwithstanding the exception to such rulemaking process in such Act: That funds made available for such purpose shall only be made available after consultation with, and subject to the regular notification procedures of, the Committees on Appropriations, regarding how any proposed modification would affect the public diplomacy goals of, and the estimated economic impact on, the United States:
Provided, That such consultation shall take place not later than 30 days prior to the publication in the Federal Register of any regulatory action modifying the Exchange Visitor Program. Provided further, Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Diplomatic Programs , except for funds designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, are available to provide payments pursuant to section 901(i)(2) of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b(i)(2) ):
That funds made available pursuant to this paragraph shall be subject to prior consultation with the Committees on Appropriations. Provided, The fourth proviso under the heading International Narcotics Control and Law Enforcement in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ) shall continue in effect during fiscal year 2026 and apply to funds appropriated under such heading in this Act. Prior to initiating a partner vetting program, providing a direct vetting option, or making a significant change to the scope of an existing partner vetting program, the Secretary of State shall consult with the Committees on Appropriations:
That the Secretary of State may restrict the award of, terminate, or cancel contracts, grants, or cooperative agreements or require an awardee to restrict the award of, terminate, or cancel a sub-award based on information in connection with a partner vetting program. Provided, 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, During fiscal year 2026, the President may use up to $125,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law. The Secretary of State may 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 Programs for fiscal year 2026, 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 7056 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ) shall continue in effect during fiscal year 2026. The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2026. Section 7081(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 ) shall continue in effect during fiscal year 2026.
Section 7071 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ) shall continue in effect during fiscal year 2026 and shall apply to funds appropriated by this Act. Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 ( Public Law 108–11 ; 117 Stat. 576) is amended under the heading Loan Guarantees to Israel — in the matter preceding the first proviso, by striking September 30, 2030 and inserting September 30, 2031 ; and in the second proviso, by striking September 30, 2030 and inserting September 30, 2031 .
Section 7030(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 (division J of Public Law 118–47 ) shall continue in effect during fiscal year 2026 and shall— also apply to funds appropriated by this Act under the heading National Security Investment Programs and to the countries of Costa Rica and Panama; and be applied by substituting Department of State for United States Agency for International Development . 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 2025 and inserting 2025, and 2026 ; and in subsection (e), by striking 2025 each place it appears and inserting 2026 ; and in section 599E(b)(2) ( 8 U.S.C. 1255 note), by striking 2025 and inserting 2026 .
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 108–447 ) may be made available for pharmaceuticals and other products for child survival, malaria, tuberculosis, and emerging infectious diseases 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 108–447 ) shall be exercised by the Secretary of State 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 shall include in the congressional budget justification an accounting of budgetary resources, disbursements, balances, and reimbursements related to such fund. Provided further, Subtitle A of title LI of division E of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 ( Public Law 118–159 ) is amended— in section 5101(6) ( 22 U.S.C. 10601(6) ), by striking International Conservation and inserting Natural Security and Counterterrorism ; and in section 5102 ( 22 U.S.C. 10602 )— in the section heading, by striking international conservation and inserting natural security and counterterrorism ; and in subsection (a)(1), by striking International Conservation and inserting Natural Security and Counterterrorism .
Unless otherwise defined in this Act, for purposes of this Act the term appropriate congressional committees means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives. The term regular notification procedures of the Committees on Appropriations means such Committees shall be notified not less than 15 days in advance of the obligation of funds: That such notifications shall include the information detailed under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Provided, Unless otherwise defined in this Act, for purposes of this Act the term funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs means funds that remain available for obligation, and have not expired. In this Act international financial institutions means 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 International Fund for Agricultural Development, 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.
In this Act, the term Pacific Islands countries means the Cook Islands, the Republic of Fiji, the Republic of Kiribati, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Nauru, Niue, the Republic of Palau, the Independent State of Papua New Guinea, the Independent State of Samoa, the Solomon Islands, the Kingdom of Tonga, Tuvalu, and the Republic of Vanuatu. For the purposes of this Act, the term prior consultation means a substantive engagement between a relevant Federal agency and the Committees on Appropriations at least 7 days prior to any public announcement or submission of a notification in which such Committees are provided with details and the opportunity to engage on— the proposed use of funds, as applicable; the development, content, or conduct of a program, project, or activity; and the proposed decision to be taken.
In this Act, the term spend plan means a plan for the uses of funds appropriated for a particular entity, country, program, purpose, or account and which shall include, at a minimum, a description of— realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals; amounts and sources of funds by account; how such funds will complement other ongoing or planned programs; and implementing partners, to the maximum extent practicable. Any reference to a particular operating unit or office in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be deemed to include any successor operating unit performing the same or similar functions.
This Act shall be deemed to be an Act making appropriations for the Department of State, Foreign Operations, and Related Programs for purposes of any provision of law citing, or referring to amounts made available by, such an Act.
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