Sec. 7034. special provisions

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## SEC. 7034 special provisions ###

(a)Victims of War, Displaced Children, and Displaced Burmese 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. ###

(b)Forensic Assistance ####

(1)Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $20,000,000 shall be made available for forensic anthropology assistance related to the exhumation and identification of victims of war crimes, crimes against humanity, and genocide, which shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State: * Provided,* 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. ####

(2)Of the funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement”, not less than $10,000,000 shall be made available for DNA forensic technology programs to combat human trafficking in Central America and Mexico. ###

(c)World Food Programme Funds managed by the Bureau for Humanitarian Assistance, United States Agency for International Development, from this or any other Act that remain available for obligation may be made available as a general contribution to the World Food Programme. ###

(d)Directives and Authorities ####

(1)Research and training 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.). ####

(2)Genocide victims memorial sites 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. ####

(3)Private sector partnerships Of the funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund” that are made available for private sector partnerships, including partnerships with philanthropic foundations, up to $50,000,000 may remain available until September 30, 2026: * Provided,* That funds made available pursuant to this paragraph may only be made available following prior consultation with, and the regular notification procedures of, the Committees on Appropriations. ####

(4)Additional authority Of the amounts made available by this Act under the heading “Diplomatic Programs”, up to $500,000 may be made available for grants pursuant to section 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d), including to facilitate collaboration with Indigenous communities. ####

(5)Innovation The USAID Administrator may use funds appropriated by this Act under title III to make innovation incentive awards in accordance with the terms and conditions of section 7034(e)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116-6), except that each individual award may not exceed $500,000. ####

(6)Development innovation ventures Funds appropriated by this Act under the heading “Development Assistance” and made available for the Development Innovation Ventures program may be made available for the purposes of chapter I of part I of the Foreign Assistance Act of 1961. ####

(7)Exchange visitor program 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 exceptions to such rulemaking process in such Act: * Provided,* 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 further,* 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. ####

(8)Payments 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” and “Operating Expenses”, 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)): * Provided,* That funds made available pursuant to this paragraph shall be subject to prior consultation with the Committees on Appropriations. ####

(9)Afghan allies Subsection

(b)of section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended as follows— #####

(A)in paragraph (3)(F)— ######

(i)in the heading, by striking “2023” and inserting “2024”; ######

(ii)in the matter preceding clause (i), in the first sentence, by striking “38,500” and inserting “50,500”; and ######

(iii)in clause (ii), by striking “December 31, 2024” and inserting “December 31, 2025”; and #####

(B)in paragraph (13), in the matter preceding subparagraph (A), by striking “January 31, 2024” and inserting “January 31, 2026”. ###

(e)Partner Vetting 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 and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations: * Provided,* That the Secretary and the Administrator shall provide a direct vetting option for prime awardees in any partner vetting program initiated or significantly modified after the date of enactment of this Act, unless the Secretary or Administrator, as applicable, informs the Committees on Appropriations on a case-by-case basis that a direct vetting option is not feasible for such program: * Provided further,* That the Secretary and the Administrator 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. ###

(f)Contingencies During fiscal year 2024, 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. ###

(g)International Child Abductions 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. ###

(h)Transfer of Funds 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 Programs” for fiscal year 2024, 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. ###

(i)Protections and Remedies for Employees of Diplomatic Missions and International Organizations The terms and conditions of section 7034(k) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116-94) shall continue in effect during fiscal year 2024. ###

(j)Impact on Jobs 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 2024. ###

(k)Extension of Authorities ####

(1)Incentives for critical posts **[**[5 U.S.C. 5753 note](/us/usc/t5/s5753)**]** The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 (Public Law 111-32) shall remain in effect through September 30, 2024. ####

(2)Categorical eligibility 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 2023” and inserting “2023, and 2024”; and ######

(ii)in subsection (e), by striking “2023” each place it appears and inserting “2024”; and #####

(B)in section 599E(b)(2) (8 U.S.C. 1255 note), by striking “2023” and inserting “2024”. ####

(3)Special inspector general for afghanistan reconstruction competitive status Notwithstanding any other provision of law, any employee of the Special Inspector General for Afghanistan Reconstruction (SIGAR) who completes at least 12 months of continuous service after 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. ####

(4)Transfer of balances **[**[8 U.S.C. 1715 note](/us/usc/t8/s1715)**]** 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 2024. ####

(5)Protective services 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 2024 and shall be applied to funds appropriated by this Act by substituting “$40,000,000” for “$30,000,000”. ####

(6)Extension of loan guarantees to israel 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”— #####

(A)in the matter preceding the first proviso, by striking “September 30, 2028” and inserting “September 30, 2029”; and #####

(B)in the second proviso, by striking “September 30, 2028” and inserting “September 30, 2029”. ####

(7)Extension of certain personal services contract authority The authority provided in section 2401 of division C of the Extending Government Funding and Delivering Emergency Assistance Act (Public Law 117-43) shall remain in effect through September 30, 2024. ###

(l)Monitoring and Evaluation ####

(1)Beneficiary feedback Funds appropriated by this Act that are made available for monitoring and evaluation of assistance under the headings “Development Assistance”, “International Disaster Assistance”, and “Migration and Refugee Assistance” shall be made available for the regular and systematic collection of feedback obtained directly from beneficiaries to enhance the quality and relevance of such assistance: * Provided,* That not later than 90 days after the date of enactment of this Act, the Secretary of State and USAID Administrator shall submit to the Committees on Appropriations, and post on their respective websites, updated procedures for implementing partners that receive funds under such headings for regularly and systematically collecting and responding to such feedback, including guidelines for the reporting on actions taken in response to the feedback received: * Provided further,* That the Secretary of State and USAID Administrator shall regularly— #####

(A)conduct oversight to ensure that such feedback is regularly collected and used by implementing partners to maximize the cost-effectiveness and utility of such assistance; and #####

(B)consult with the Committees on Appropriations on the results of such oversight. ####

(2)Evaluations Of the funds appropriated by this Act under titles III and IV, not less than $15,000,000, to remain available until expended, shall be made available for impact evaluations, including ex-post evaluations, of the effectiveness and sustainability of United States Government-funded assistance programs: * Provided,* That of the funds made available pursuant to this paragraph, $10,000,000 shall be administered in coordination with the Office of the Chief Economist, USAID, and may be used for administrative expenses of such Office: * Provided further,* That funds made available pursuant to this paragraph are in addition to funds otherwise made available for such purposes. ###

(m)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 108-447) 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: * Provided,* That the authority in section 525(b)(5) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (Public Law 108-447) 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. ###

(n)Local Works ####

(1)Funding Of the funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund”, not less than $100,000,000 shall be made available for Local Works pursuant to 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, 2028. ####

(2)Eligible entities **[**[22 U.S.C. 2152i note](/us/usc/t22/s2152i)**]** For the purposes of section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J 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 from USAID over the previous 5 fiscal years: * Provided,* That departments or centers of such educational institutions may be considered individually in determining such eligibility. ###

(o)Extension of Procurement Authority Section 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112-74) shall continue in effect during fiscal year 2024. ###

(p)Extension Section 7034(r) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117-103) shall apply during fiscal year 2024. ###

(q)Staff Care Services for Afghan Nationals Up to $50,000 of the funds appropriated by this Act and prior acts making appropriations for the Department of State, foreign operations, and related programs that are made available to carry out section 7901 of title 5, United States Code, may be used by USAID to provide services to individuals who have served as locally employed staff of the USAID mission in Afghanistan. ###

(r)War Crimes Accountability Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $5,000,000 shall be made available for the purposes authorized by section 2015 of Public Law 107-206, as amended by section 7073 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117-328), including not less than $2,500,000 as a contribution to the Trust Fund for Victims. ###

(s)Definitions ####

(1)Appropriate congressional committees **[**[8 U.S.C. 1182 note](/us/usc/t8/s1182)**]** 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. ####

(2)Funds appropriated by this act and prior acts 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. ####

(3)International financial institutions **[**[22 U.S.C. 262h note](/us/usc/t22/s262h)**]** 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. ####

(4)Pacific islands countries 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. ####

(5)Spend plan 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— #####

(A)realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals; #####

(B)amounts and sources of funds by account; #####

(C)how such funds will complement other ongoing or planned programs; and #####

(D)implementing partners, to the maximum extent practicable. ####

(6)Successor operating unit 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. ####

(7)USAID **[**[22 U.S.C. 2152i note](/us/usc/t22/s2152i)**]** In this Act, the term “USAID” means the United States Agency for International Development.

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