Division J — H.R. 83 (Enrolled Bill)

Sec. 7001

Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States Code; for services as authorized by 5 U.S.C. 3109; and for hire of passenger transportation pursuant to 31 U.S.C. 1343(b).

Sec. 7002

Any department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances and obligated, but unexpended, balances by program, project, and activity, and Treasury Account Fund Symbol of all funds received by such department or agency in fiscal year 2015 or any previous fiscal year, disaggregated by fiscal year: Provided, That the report required by this section should specify by account the amount of funds obligated pursuant to bilateral agreements which have not been further sub-obligated.

Sec. 7003

The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law.

Sec. 7004

(a)

Of funds provided under title I of this Act, except as provided in subsection (b), a project to construct a diplomatic facility of the United States may not include office space or other accommodations for an employee of a Federal agency or department if the Secretary of State determines that such department or agency has not provided to the Department of State the full amount of funding required by subsection (e) of section 604 of the Secure Embassy Construction and Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) of Public Law 106–113 and contained in appendix G of that Act; 113 Stat. 1501A–453), as amended by section 629 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005.

(b)

Notwithstanding the prohibition in subsection (a), a project to construct a diplomatic facility of the United States may include office space or other accommodations for members of the United States Marine Corps.

(c)

For the purposes of calculating the fiscal year 2015 costs of providing new United States diplomatic facilities in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares in a manner that is proportional to the Department of State’s contribution for this purpose.

(d)

Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property or award of construction contracts for overseas diplomatic facilities during fiscal year 2015, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided, That notifications pursuant to this subsection shall include the information enumerated under the heading “Embassy Security, Construction, and Maintenance” in House Report 113–499.

(e)

(1)

None of the funds appropriated under the heading “Embassy Security, Construction, and Maintenance” in this Act and in prior Acts making appropriations for the Department of State, foreign operations, and related programs, made available through Federal agency Capital Security Cost Sharing contributions and reimbursements, or generated from the proceeds of real property sales, other than from real property sales located in London, United Kingdom, may be made available for site acquisition and mitigation, planning, design, or construction of the New London Embassy: Provided, That the reporting requirement contained in section 7004(f)(2) of division I of Public Law 112–74 shall remain in effect during fiscal year 2015.

(2)

Funds appropriated or otherwise made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading “Embassy Security, Construction, and Maintenance” may be obligated for the relocation of the United States Embassy to the Holy See only if the Secretary of State reports in writing to the Committees on Appropriations that such relocation continues to be consistent with the conditions of section 7004(e)(2) of division K of Public Law 113–76.

(f)

(1)

Funds appropriated by this Act under the heading “Embassy Security, Construction, and Maintenance” may be made available to address security vulnerabilities at expeditionary, interim, and temporary facilities abroad, including physical security upgrades and local guard staffing, except that the amount of funds made available for such purposes from this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be a minimum of $25,000,000: Provided, That the uses of such funds should be the responsibility of the Assistant Secretary of State for the Bureau of Diplomatic Security and Foreign Missions, in consultation with the Director of the Bureau of Overseas Buildings Operations: Provided further, That such funds shall be subject to prior consultation with the Committees on Appropriations.

(2)

Not later than 90 days after enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a list of all expeditionary, interim, and temporary diplomatic facilities and the number of personnel and security costs for each such facility: Provided, That the report required by this paragraph may be submitted in classified form if necessary.

(3)

Notwithstanding any other provision of law, the opening, closure, or any significant modification to an expeditionary, interim, or temporary diplomatic facility shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations, except that such consultation and notification may be waived if there is a security risk to personnel.

(g)

Funds appropriated under the heading “Diplomatic and Consular Programs”, including for Worldwide Security Protection, and under the heading “Embassy Security, Construction, and Maintenance” in titles I and VIII of this Act may be transferred to, and merged with, funds appropriated by such titles under such headings if the Secretary of State determines and reports to the Committees on Appropriations that to do so is necessary to implement the recommendations of the Benghazi Accountability Review Board, or to prevent or respond to security situations and requirements, following consultation with, and subject to the regular notification procedures of, such Committees: Provided, That such transfer authority is in addition to any transfer authority otherwise available under any other provision of law.

Sec. 7005

Any costs incurred by a department or agency funded under title I of this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available under title I to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

Sec. 7006

In evaluating proposals for local guard contracts, the Secretary of State shall award contracts in accordance with section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864), except that the Secretary may grant authorization to award such contracts on the basis of best value as determined by a cost-technical tradeoff analysis (as described in Federal Acquisition Regulation part 15.101), notwithstanding subsection (c)(3) of such section, for high risk, high threat posts: Provided, That the authority in this section shall apply to any options for renewal that may be exercised under such contracts that are awarded during the current fiscal year.

Sec. 7007

None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents.

Sec. 7008

None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'état or decree or, after the date of enactment of this Act, a coup d'état or decree in which the military plays a decisive role: Provided, That assistance may be resumed to such government if the Secretary of State certifies and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected government has taken office: Provided further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes: Provided further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations.

Sec. 7009

(a)

Department of state and broadcasting board of governors—

(1)

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers, and no such transfer may be made to increase the appropriation under the heading “Representation Expenses”.

(2)

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting Board of Governors under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers.

(3)

Any transfer pursuant to this section shall be treated as a reprogramming of funds under section 7015(a) and (b) of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

(b)

Export financing transfer authorities— Not to exceed 5 percent of any appropriation other than for administrative expenses made available for fiscal year 2015, for programs under title VI of this Act may be transferred between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by any such transfer: Provided, That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations.

(c)

Limitation on transfers between agencies—

(1)

None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.

(2)

Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961.

(3)

Any agreement entered into by the United States Agency for International Development (USAID) or the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $1,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings “Global Health Programs”, “Development Assistance”, and “Economic Support Fund” shall be subject to the regular notification procedures of the Committees on Appropriations: Provided, That the requirement in the previous sentence shall not apply to agreements entered into between USAID and the Department of State.

(d)

Transfers Between Accounts— None of the funds made available under titles II through V of this Act may be obligated under an appropriation account to which such funds were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations.

(e)

Audit of Inter-agency Transfers— Any agreement for the transfer or allocation of funds appropriated by this Act, or prior Acts, entered into between the Department of State or USAID and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall expressly provide that the Inspector General (IG) for the agency receiving the transfer or allocation of such funds, or other entity with audit responsibility if the receiving agency does not have an IG, shall perform periodic program and financial audits of the use of such funds: Provided, That such audits shall be transmitted to the Committees on Appropriations: Provided further, That funds transferred under such authority may be made available for the cost of such audits.

Sec. 7010

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 2014 under the headings “International Military Education and Training”, “Peacekeeping Operations”, and “Foreign Military Financing Program”.

Sec. 7011

No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act, and funds provided under the heading “Development Credit Authority” shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially allocated or obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That the Secretary of State shall provide a report to the Committees on Appropriations at the beginning of each fiscal year, detailing by account and source year, the use of this authority during the previous fiscal year.

Sec. 7012

No part of any appropriation provided under titles III through VI in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act unless the President determines, following consultations with the Committees on Appropriations, that assistance for such country is in the national interest of the United States.

Sec. 7013

(a)

prohibition on taxation— None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement.

(b)

reimbursement of foreign taxes— An amount equivalent to 200 percent of the total taxes assessed during fiscal year 2015 on funds appropriated by this Act by a foreign government or entity against United States assistance programs for which funds are appropriated by this Act, either directly or through grantees, contractors, and subcontractors shall be withheld from obligation from funds appropriated for assistance for fiscal year 2016 and allocated for the central government of such country and for the West Bank and Gaza program to the extent that the Secretary of State certifies and reports in writing to the Committees on Appropriations, not later than September 30, 2016, that such taxes have not been reimbursed to the Government of the United States.

(c)

de minimis exception— Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b).

(d)

reprogramming of funds— Funds withheld from obligation for each country or entity pursuant to subsection (b) shall be reprogrammed for assistance for countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes, and that can reasonably accommodate such assistance in a programmatically responsible manner.

(e)

determinations—

(1)

The provisions of this section shall not apply to any country or entity the Secretary of State reports to the Committees on Appropriations—

(A)

does not assess taxes on United States assistance or which has an effective arrangement that is providing substantial reimbursement of such taxes; or

(B)

the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not subject to taxation.

(2)

The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any country or entity.

(f)

implementation— The Secretary of State shall issue rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section.

(g)

definitions— As used in this section—

(1)

the term ‘‘bilateral agreement’’ refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement;

(2)

the term “taxes and taxation” shall include value added taxes and customs duties but shall not include individual income taxes assessed to local staff.

(h)

Report— The Secretary of State, in consultation with the heads of other relevant departments or agencies, shall submit a report to the Committees on Appropriations, not later than 90 days after the enactment of this Act, detailing steps taken by such departments or agencies to comply with the requirements of this section.

Sec. 7014

(a)

Funds appropriated under titles III through VI of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by operation of any provision of this or any other Act: Provided, That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed pursuant to this subsection shall be made available under the same terms and conditions as originally provided.

(b)

In addition to the authority contained in subsection (a), the original period of availability of funds appropriated by this Act and administered by the Department of State or the United States Agency for International Development (USAID) that are specifically designated for particular programs or activities by this or any other Act may be extended for an additional fiscal year if the Secretary of State or the USAID Administrator, as appropriate, determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided, That such designated funds that continue to be available for an additional fiscal year shall be obligated only for the purpose of such designation.

(c)

Ceilings and specifically designated funding levels contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided, That specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds appropriated by this Act.

Sec. 7015

(a)

None of the funds made available in titles I and II of this Act, or in prior appropriations Acts to the agencies and departments funded by this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the agencies and departments funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that—

(1)

creates new programs;

(2)

eliminates a program, project, or activity;

(3)

increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;

(4)

relocates an office or employees;

(5)

closes or opens a mission or post;

(6)

creates, closes, reorganizes, or renames bureaus, centers, or offices;

(7)

reorganizes programs or activities; or

(8)

contracts out or privatizes any functions or activities presently performed by Federal employees;

(b)

None of the funds provided under titles I and II of this Act, or provided under previous appropriations Acts to the agency or department funded under titles I and II of this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agency or department funded under title I of this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less, that—

(1)

augments existing programs, projects, or activities;

(2)

reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or

(3)

results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds.

(c)

None of the funds made available by this Act under the headings “Global Health Programs”, “Development Assistance”, “International Organizations and Programs”, “Trade and Development Agency”, “International Narcotics Control and Law Enforcement”, “Economic Support Fund”, “Democracy Fund”, “Peacekeeping Operations”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, “Millennium Challenge Corporation”, “Foreign Military Financing Program”, “International Military Education and Training”, “Conflict Stabilization Operations”, and “Peace Corps”, shall be available for obligation for activities, programs, projects, type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations for obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance: Provided, That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment: Provided further, That requirements of this subsection or any similar provision of this or any other Act shall not apply to any reprogramming for an activity, program, or project for which funds are appropriated under titles III through VI of this Act of less than 10 percent of the amount previously justified to the Congress for obligation for such activity, program, or project for the current fiscal year: Provided further, That any notification submitted pursuant to subsection (f) of this section shall include information (if known on the date of transmittal of such notification) on the use of notwithstanding authority: Provided further, That if subsequent to the notification of assistance it becomes necessary to rely on notwithstanding authority, the Committees on Appropriations should be informed at the earliest opportunity and to the extent practicable.

(d)

Notwithstanding any other provision of law, with the exception of funds transferred to, and merged with, funds appropriated under title I of this Act, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development for assistance for foreign countries and international organizations, and funds made available for programs authorized by section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163) (or any successor authority), shall be subject to the regular notification procedures of the Committees on Appropriations.

(e)

The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided, That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances.

(f)

None of the funds appropriated under titles III through VI of this Act shall be obligated or expended for assistance for Afghanistan, Bahrain, Bolivia, Burma, Cambodia, Cuba, Ecuador, Egypt, Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Pakistan, the Russian Federation, Serbia, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations.

Sec. 7016

Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as other committees pursuant to subsection (f) of that section: Provided, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles: Provided further, That such Committees shall also be informed of the original acquisition cost of such defense articles.

Sec. 7017

Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under titles I and III through V of this Act, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961 or section 7048(a) of this Act, shall remain available for obligation until September 30, 2017: Provided, That the requirement to withhold funds for programs in Burma under section 307(a) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated by this Act.

Sec. 7018

None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations.

Sec. 7019

(a)

Funds provided by this Act shall be made available for programs and countries in the amounts specifically designated in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(b)

For the purposes of implementing this section and only with respect to the amounts for programs and countries specifically designated in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), the Secretary of State, the Administrator of the United States Agency for International Development, and the Broadcasting Board of Governors, as appropriate, may propose deviations to the amounts referenced in subsection (a), subject to the regular notification procedures of the Committees on Appropriations.

Sec. 7020

(a)

Each Federal department, agency, or entity funded in titles I or II of this Act, and the Department of the Treasury and independent agencies funded in titles III or VI of this Act, shall take steps to ensure that domestic and overseas representation and entertainment expenses further official agency business and United States foreign policy interests and are—

(1)

primarily for fostering relations outside of the Executive Branch;

(2)

principally for meals and events of a protocol nature;

(3)

not for employee-only events; and

(4)

do not include activities that are substantially of a recreational character.

(b)

None of the funds appropriated or otherwise made available by this Act under the headings “International Military Education and Training” or “Foreign Military Financing Program” for Informational Program activities or under the headings “Global Health Programs”, “Development Assistance”, and “Economic Support Fund” may be obligated or expended to pay for—

(1)

alcoholic beverages; or

(2)

entertainment expenses for activities that are substantially of a recreational character, including but not limited to entrance fees at sporting events, theatrical and musical productions, and amusement parks.

Sec. 7021

(a)

Lethal Military Equipment Exports—

(1)

None of the funds appropriated or otherwise made available by titles III through VI of this Act may be available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism for purposes of section 6(j) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act: Provided, That the prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment: Provided further, That this section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997.

(2)

Assistance restricted by paragraph (1) or any other similar provision of law, may be furnished if the President determines that to do so is important to the national interest of the United States.

(3)

Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests.

(b)

Bilateral Assistance—

(1)

Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated under any such title in prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall not be made available to any foreign government which the President determines—

(A)

grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism;

(B)

otherwise supports international terrorism; or

(C)

is controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.

(2)

The President may waive the application of paragraph (1) to a government if the President determines that national security or humanitarian reasons justify such waiver: Provided, That the President shall publish each such waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations.

Sec. 7022

Funds appropriated by this Act, except funds appropriated under the heading “Trade and Development Agency”, may be obligated and expended notwithstanding section 10 of Public Law 91–672, section 15 of the State Department Basic Authorities Act of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).

Sec. 7023

For the purpose of titles II through VI of this Act “program, project, and activity” shall be defined at the appropriations Act account level and shall include all appropriations and authorizations Acts funding directives, ceilings, and limitations with the exception that for the following accounts: “Economic Support Fund” and “Foreign Military Financing Program”, “program, project, and activity” shall also be considered to include country, regional, and central program level funding within each such account; and for the development assistance accounts of the United States Agency for International Development, “program, project, and activity” shall also be considered to include central, country, regional, and program level funding, either as—

(1)

justified to the Congress; or

(2)

allocated by the Executive Branch in accordance with a report, to be provided to the Committees on Appropriations within 30 days of the enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961.

Sec. 7024

Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for the Department of State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act or the African Development Foundation Act: Provided, That prior to conducting activities in a country for which assistance is prohibited, the agency shall consult with the Committees on Appropriations and report to such Committees within 15 days of taking such action.

Sec. 7025

(a)

None of the funds appropriated or made available pursuant to titles III through VI of this Act for direct assistance and none of the funds otherwise made available to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations: Provided further, That this subsection shall not prohibit—

(1)

activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or

(2)

activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency.

(b)

None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided, That this subsection shall not prohibit—

(1)

activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States;

(2)

research activities intended primarily to benefit American producers;

(3)

activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or

(4)

activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency.

(c)

The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions, as defined in section 7029(h) of this Act, to use the voice and vote of the United States to oppose any assistance by such institutions, using funds appropriated or made available by this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity.

Sec. 7026

(a)

Separate Accounts for Local Currencies—

(1)

If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development (USAID) shall—

(A)

require that local currencies be deposited in a separate account established by that government;

(B)

enter into an agreement with that government which sets forth—

(i)

the amount of the local currencies to be generated; and

(ii)

the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and

(C)

establish by agreement with that government the responsibilities of USAID and that government to monitor and account for deposits into and disbursements from the separate account.

(2)

Uses of local currencies— As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only—

(A)

to carry out chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), for such purposes as—

(i)

project and sector assistance activities; or

(ii)

debt and deficit financing; or

(B)

for the administrative requirements of the United States Government.

(3)

Programming accountability— USAID shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2).

(4)

Termination of assistance programs— Upon termination of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government.

(5)

Reporting requirement— The USAID Administrator shall report on an annual basis as part of the justification documents submitted to the Committees on Appropriations on the use of local currencies for the administrative requirements of the United States Government as authorized in subsection (a)(2)(B), and such report shall include the amount of local currency (and United States dollar equivalent) used or to be used for such purpose in each applicable country.

(b)

Separate Accounts for Cash Transfers—

(1)

In general— If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle them with any other funds.

(2)

Applicability of other provisions of law— Such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159).

(3)

Notification— At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance).

(4)

Exemption— Nonproject sector assistance funds may be exempt from the requirements of subsection (b)(1) only through the regular notification procedures of the Committees on Appropriations.

Sec. 7027

(a)

Assistance Through Nongovernmental Organizations— Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961: Provided, That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations pursuant to the regular notification procedures, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance: Provided further, That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act.

(b)

Public Law 480— During fiscal year 2015, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Food for Peace Act (Public Law 83–480): Provided, That none of the funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations.

(c)

Exception— This section shall not apply—

(1)

with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or

(2)

with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights.

Sec. 7028

(a)

Requirements for exceptions to competition for local entities— Funds appropriated by this Act that are made available to the United States Agency for International Development (USAID) may only be made available for limited competitions through local entities if—

(1)

prior to the determination to limit competition to local entities, USAID has—

(A)

assessed the level of local capacity to effectively implement, manage, and account for programs included in such competition; and

(B)

documented the written results of the assessment and decisions made; and

(2)

prior to making an award after limiting competition to local entities—

(A)

each successful local entity has been determined to be responsible in accordance with USAID guidelines; and

(B)

effective monitoring and evaluation systems are in place to ensure that award funding is used for its intended purposes; and

(3)

no level of acceptable fraud is assumed.

(b)

In addition to the requirements of paragraph (1), the Administrator of USAID shall report, on a semi-annual basis, to the appropriate congressional committees on all awards subject to limited or no competition for local entities: Provided, That such report should be posted on the USAID Web site: Provided further, That the requirements of this subsection shall only apply to awards in excess of $3,000,000 and sole source awards to local entities in excess of $2,000,000.

(c)

Section 7077 of division I of Public Law 112–74 shall continue in effect during fiscal year 2015, as amended by division K of Public Law 113–76.

Sec. 7029

(a)

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to seek to require that such institution adopts and implements a publicly available policy, including the strategic use of peer reviews and external experts, to conduct independent, in-depth evaluations of the effectiveness of at least 25 percent of all loans, grants, programs, and significant analytical non-lending activities in advancing the institution’s goals of reducing poverty and promoting equitable economic growth, consistent with relevant safeguards, to ensure that decisions to support such loans, grants, programs, and activities are based on accurate data and objective analysis: Provided, That not later than 180 days after enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations on steps taken by the United States executive directors and the international financial institutions consistent with this paragraph.

(b)

The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the International Development Association to vote against any loan, grant, policy, or strategy if such institution has adopted and is implementing any social or environmental safeguard relevant to such loan, grant, policy, or strategy that provides less protection than World Bank safeguards in effect on September 30, 2014.

(c)

None of the funds appropriated under title V of this Act may be made as payment to any international financial institution while the United States executive director to such institution is compensated by the institution at a rate which, together with whatever compensation such executive director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.

(d)

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to seek to require that such institution conducts rigorous human rights due diligence and human rights risk management, as appropriate, in connection with any loan, grant, policy, or strategy of such institution: Provided, That prior to voting on any such loan, grant, policy, or strategy the executive director shall consult with the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, if the executive director has reason to believe that such loan, grant, policy, or strategy could result in forced displacement or other violation of human rights.

(e)

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to promote in loan, grant, and other financing agreements improvements in borrowing countries’ financial management and judicial capacity to investigate, prosecute, and punish fraud and corruption.

(f)

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to seek to require that such institution collects, verifies, and publishes, to the maximum extent practicable, beneficial ownership information (excluding proprietary information) for any corporation or limited liability company, other than a publicly listed company, that receives funds appropriated by this Act that are provided as payment to such institution: Provided, That not later than 180 days after enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations on steps taken by the United States executive directors and the international financial institutions consistent with this paragraph.

(g)

The Secretary of the Treasury should support efforts by the Inter-American Development Bank (IDB) to promote economic cooperation and integration within the Caribbean region, consistent with the IDB’s charter and United States policy.

(h)

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.

Sec. 7030

In order to enhance the continued participation of nongovernmental organizations in debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization.

Sec. 7031

(a)

Limitation on direct government-to-Government assistance—

(1)

Funds appropriated by this Act may be made available for direct government-to-government assistance only if—

(A)

each implementing agency or ministry to receive assistance has been assessed and is considered to have the systems required to manage such assistance and any identified vulnerabilities or weaknesses of such agency or ministry have been addressed; and

(i)

the recipient agency or ministry employs and utilizes staff with the necessary technical, financial, and management capabilities;

(ii)

the recipient agency or ministry has adopted competitive procurement policies and systems;

(iii)

effective monitoring and evaluation systems are in place to ensure that such assistance is used for its intended purposes;

(iv)

no level of acceptable fraud is assumed; and

(v)

the government of the recipient country is taking steps to publicly disclose on an annual basis its national budget, to include income and expenditures;

(B)

the recipient government is in compliance with the principles set forth in section 7013 of this Act;

(C)

the recipient agency or ministry is not headed or controlled by an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;

(D)

the Government of the United States and the government of the recipient country have agreed, in writing, on clear and achievable objectives for the use of such assistance, which should be made available on a cost-reimbursable basis; and

(E)

the recipient government is taking steps to protect the rights of civil society, including freedoms of expression, association, and assembly.

(2)

In addition to the requirements in subsection (a), no funds may be made available for direct government-to-government assistance without prior consultation with, and notification of, the Committees on Appropriations: Provided, That such notification shall contain an explanation of how the proposed activity meets the requirements of paragraph (1): Provided further, That the requirements of this paragraph shall only apply to direct government-to-government assistance in excess of $10,000,000 and all funds available for cash transfer, budget support, and cash payments to individuals.

(3)

The Administrator of the United States Agency for International Development (USAID) or the Secretary of State, as appropriate, shall suspend any direct government-to-government assistance if the Administrator or the Secretary has credible information of material misuse of such assistance, unless the Administrator or the Secretary reports to the Committees on Appropriations that it is in the national interest of the United States to continue such assistance, including a justification, or that such misuse has been appropriately addressed.

(4)

The Secretary of State shall submit to the Committees on Appropriations, concurrent with the fiscal year 2016 congressional budget justification materials, amounts planned for assistance described in subsection (a) by country, proposed funding amount, source of funds, and type of assistance.

(5)

Not later than 90 days after the enactment of this Act and 6 months thereafter until September 30, 2015, the USAID Administrator shall submit to the Committees on Appropriations a report that—

(A)

details all assistance described in subsection (a) provided during the previous 6-month period by country, funding amount, source of funds, and type of such assistance; and

(B)

the type of procurement instrument or mechanism utilized and whether the assistance was provided on a reimbursable basis.

(6)

None of the funds made available by this Act may be used for any foreign country for debt service payments owed by any country to any international financial institution: Provided, That for purposes of this subsection, the term “international financial institution” has the meaning given the term in section 7029(h) of this Act.

(b)

National Budget and Contract Transparency—

(1)

Minimum Requirements of Fiscal Transparency— The Secretary of State shall continue to update and strengthen the “minimum requirements of fiscal transparency” for each government receiving assistance appropriated by this Act, as identified in the report required by section 7031(b) of division K of Public Law 113–76.

(2)

Definition— For purposes of paragraph (1), “minimum requirements of fiscal transparency” are requirements consistent with those in subsection (a)(1), and the public disclosure of national budget documentation (to include receipts and expenditures by ministry) and government contracts and licenses for natural resource extraction (to include bidding and concession allocation practices).

(3)

Determination and report— For each government identified pursuant to paragraph (1), the Secretary of State, not later than 180 days after enactment of this Act, shall make or update any determination of “significant progress” or “no significant progress” in meeting the minimum requirements of fiscal transparency, and make such determinations publicly available in an annual “Fiscal Transparency Report” to be posted on the Department of State’s Web site: Provided, That the Secretary shall identify the significant progress made by each such government to publicly disclose national budget documentation, contracts, and licenses which are additional to such information disclosed in previous fiscal years, and include specific recommendations of short- and long-term steps such government should take to improve fiscal transparency: Provided further, That the annual report shall include a detailed description of how funds appropriated by this Act are being used to improve fiscal transparency, and identify benchmarks for measuring progress.

(4)

Assistance— Funds appropriated under title III of this Act shall be made available for programs and activities to assist governments identified pursuant to paragraph (1) to improve budget transparency and to support civil society organizations in such countries that promote budget transparency: Provided, That such sums shall be in addition to funds otherwise made available for such purposes: Provided further, That a description of the uses of such funds shall be included in the annual “Fiscal Transparency Report” required by paragraph (3).

(c)

Anti-Kleptocracy and Human Rights—

(1)

(A)

Officials of foreign governments and their immediate family members about whom the Secretary of State has credible information have been involved in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights shall be ineligible for entry into the United States.

(B)

The Secretary may also publicly or privately designate or identify officials of foreign governments and their immediate family members about whom the Secretary has such credible information without regard to whether the individual has applied for a visa.

(2)

Individuals shall not be ineligible if entry into the United States would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement: Provided, That nothing in paragraph (1) shall be construed to derogate from United States Government obligations under applicable international agreements.

(3)

The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently.

(4)

Not later than 6 months after enactment of this Act, the Secretary of State shall submit a report, including a classified annex if necessary, to the Committees on Appropriations and the Committees on the Judiciary describing the information related to corruption or violation of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A) as well as the individuals who the Secretary designated or identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any waivers provided under paragraph (3), and the justification for each waiver.

(5)

Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State’s Web site.

(6)

For purposes of paragraphs (1)(B), (4), and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential.

(d)

Foreign assistance web site— Funds appropriated by this Act under titles I and II, and funds made available for any independent agency in title III, as appropriate, shall be made available to support the provision of additional information on United States Government foreign assistance on the Department of State's foreign assistance Web site: Provided, That all Federal agencies funded under this Act shall provide such information on foreign assistance, upon request, to the Department of State.

Sec. 7032

(a)

Of the funds appropriated by this Act, not less than $2,264,986,000 should be made available for democracy programs, as defined in subsection (c).

(b)

Funds made available by this Act for democracy programs may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy (NED), any regulation.

(c)

For purposes of funds appropriated by this Act, the term democracy programs means programs that support good governance, credible and competitive elections, freedom of expression, association, assembly, and religion, human rights, labor rights, independent media, and the rule of law, and that otherwise strengthen the capacity of democratic political parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states, and institutions that are responsive and accountable to citizens.

(d)

Funds appropriated by this Act that are made available for governance programs should be made available to support institutions and individuals that demonstrate a commitment to democracy.

(e)

With respect to the provision of assistance for democracy, human rights, and governance activities in this Act, the organizations implementing such assistance, the specific nature of that assistance, and the participants in such programs shall not be subject to the prior approval by the government of any foreign country: Provided, That the Secretary of State, in coordination with the Administrator of the United States Agency for International Development (USAID), shall report to the Committees on Appropriations, not later than 120 days after enactment of this Act, detailing steps taken by the Department of State and USAID to comply with the requirements of this subsection.

(f)

Any funds made available by this Act for a business and human rights program in the People’s Republic of China shall be made available on a cost-matching basis from sources other than the United States Government.

(g)

The Bureau of Democracy, Human Rights, and Labor, Department of State (DRL) and the Bureau for Democracy, Conflict and Humanitarian Assistance, USAID, shall regularly communicate their planned programs to the NED.

(h)

Funds appropriated by this Act under the heading “Democracy Fund” that are made available to DRL shall be made available to maintain a database of prisons and gulags in North Korea, in accordance with section 7032(i) of division K of Public Law 113–76.

(i)

Funds appropriated by this Act that are made available for democracy programs shall be made available to support freedom of religion, including in the Middle East and North Africa.

(j)

Funds appropriated under title III of this Act shall be made available for democracy programs in countries in the Western Hemisphere above the total amount requested in the Congressional Budget Justification, Foreign Operations, Fiscal Year 2015: Provided, That the Department of State and USAID, as appropriate, shall consult with the Committees on Appropriations prior to the obligation of such funds.

(k)

Funds made available by this Act for the Near East Regional Democracy program shall be the responsibility of the Assistant Secretary for Near Eastern Affairs, Department of State, in consultation with the Assistant Secretary for DRL: Provided, That such funds shall be made available for the activities described in section 1243 of Public Law 112–239, following consultation with the appropriate congressional committees.

Sec. 7033

None of the funds appropriated by this Act may be used to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this Act unless such pledge was—

(1)

previously justified, including the projected future year costs, in a congressional budget justification;

(2)

included in an Act making appropriations for the Department of State, foreign operations, and related programs or previously authorized by an Act of Congress;

(3)

notified in accordance with the regular notification procedures of the Committees on Appropriations, including the projected future year costs; or

(4)

the subject of prior consultation with the Committees on Appropriations and such consultation was conducted at least 7 days in advance of the pledge.

Sec. 7034

(a)

Victims of war, displaced children, and displaced burmese— 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.

(b)

Reconstituting civilian police authority— 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.

(c)

World food program— 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.

(d)

Disarmament, demobilization and reintegration— 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: Provided, That the Secretary of State shall consult with the Committees on Appropriations prior to the obligation of funds pursuant to this subsection: Provided further, That for the purposes of this subsection the term “foreign terrorist organization” means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.

(e)

Directives and authorities—

(1)

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).

(2)

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.

(3)

Of the amounts made available by this Act under the heading “Diplomatic and Consular Programs” in title I, 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.

(f)

Partner Vetting— 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 pilot program for possible expansion: Provided further, That such report shall include the requirements in Senate Report 113–195 and House Report 113–499: Provided further, That such report may be delivered in classified form, if necessary.

(g)

Contingencies— 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.

(h)

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.

(i)

Reports Repealed— Section 304(f) of Public Law 107–173; section 2104 of Public Law 109–13; and subsection 1405(c) of the Supplemental Appropriations Act of 2008 (Public Law 110–252), are hereby repealed.

(j)

Transfers 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 and Consular Programs” for fiscal year 2015, 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.

(k)

Protections and Remedies for Employees of Diplomatic Missions and International Organizations— 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.

(l)

Extension of authorities—

(1)

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”.

(2)

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.

(3)

The authority contained in section 1115(d) of Public Law 111–32 shall remain in effect through September 30, 2015.

(4)

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).

(5)

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).

(6)

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).

(7)

(A)

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.

(B)

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.

(8)

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 2014” and inserting “2014, and 2015”; and

(ii)

in subsection (e), by striking “2014” each place it appears and inserting “2015”; and

(B)

in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking “2014” and inserting “2015”.

(9)

The authorities provided in section 1015(b) of Public Law 111–212 shall remain in effect through September 30, 2015.

(m)

Crowd control items— 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.

(n)

Department of state working capital fund— 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: Provided, That Federal agency components shall be charged only for their direct usage of each Working Capital Fund service: Provided further, 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.

(o)

Security force accountability assistance— The Secretary of State shall submit a report to the Committees on Appropriations not later than 90 days after enactment of this Act on steps taken to implement section 620M(c) of the Foreign Assistance Act of 1961, including program details and sources of funding: Provided, That such report shall describe how funds appropriated by this Act are used to encourage, assist, and build the capacity of foreign governments to investigate, prosecute, and punish security force personnel who are credibly alleged to have committed gross violations of human rights, including by providing:

(1)

technical assistance in support of such investigations and prosecutions;

(2)

assistance to strengthen civilian-military cooperation on human rights and the rule of law;

(3)

assistance to strengthen the internal accountability mechanisms and technical capacity of foreign governments to bring such personnel to justice; and

(4)

support for nongovernmental organizations that monitor and document gross violations.

(p)

Humanitarian assistance— 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: Provided, That the Department of State and USAID shall conduct regular oversight to ensure that such feedback is collected and used by grantees to maximize the cost-effectiveness and utility of such assistance, and require grantees that receive funds under such headings to establish procedures for collecting and responding to such feedback.

(q)

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 108–477) 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.

(r)

Loan guarantees and enterprise funds—

(1)

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.

(2)

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: Provided, That the first, third and fifth provisos under section 7041(b) of division I of 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): Provided further, That the authority of any such enterprise fund or funds to provide assistance shall cease to be effective on December 31, 2025.

(3)

Funds made available by this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

(s)

Report on executive salaries— Not later than 90 days after enactment of this Act, the head of any non-Federal or quasi-Federal organization that is provided a direct appropriation with funds made available by this Act under titles I or III shall submit a report to the Committees on Appropriations on executive salary and compensation: Provided, That the report shall include the information specified under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(t)

Definitions—

(1)

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.

(2)

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.

(3)

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.

Sec. 7035

It is the sense of the Congress that—

(1)

the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to United States investment and trade in the Middle East and North Africa;

(2)

the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded;

(3)

all Arab League states should normalize relations with their neighbor Israel;

(4)

the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for example, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; and

(5)

the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply.

Sec. 7036

(a)

Limitation on assistance— None of the funds appropriated under titles III through VI of this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that—

(1)

the governing entity of a new Palestinian state—

(A)

has demonstrated a firm commitment to peaceful co-existence with the State of Israel; and

(B)

is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and

(2)

the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include—

(A)

termination of all claims or states of belligerency;

(B)

respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones;

(C)

their right to live in peace within secure and recognized boundaries free from threats or acts of force;

(D)

freedom of navigation through international waterways in the area; and

(E)

a framework for achieving a just settlement of the refugee problem.

(b)

Sense of congress— It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance.

(c)

Waiver— The President may waive subsection (a) if the President determines that it is important to the national security interest of the United States to do so.

(d)

Exemption— The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act (“Limitation on Assistance for the Palestinian Authority”).

Sec. 7037

None of the funds appropriated under titles II through VI of this Act may be obligated or expended to create in any part of Jerusalem a new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and employees of the United States and officials of the Palestinian Authority, or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles, for the purpose of conducting official United States Government business with such authority should continue to take place in locations other than Jerusalem: Provided further, That as has been true in the past, officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in the Palestinian Authority), have social contacts, and have incidental discussions.

Sec. 7038

None of the funds appropriated or otherwise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation.

Sec. 7039

(a)

Oversight— For fiscal year 2015, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading “Economic Support Fund” for the West Bank and Gaza.

(b)

Vetting— Prior to the obligation of funds appropriated by this Act under the heading “Economic Support Fund” for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the entity's governing board or governing board of trustees any individual that has been determined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization: Provided, That the Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which the Secretary has determined to be involved in or advocating terrorist activity.

(c)

Prohibition—

(1)

None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism.

(2)

Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been established for security assistance for the West Bank and Gaza and reports on the extent of Palestinian compliance with such benchmarks.

(d)

Audits—

(1)

The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section.

(2)

Of the funds appropriated by this Act up to $500,000 may be used by the Office of Inspector General of the United States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements of this subsection: Provided, That such funds are in addition to funds otherwise available for such purposes.

(e)

Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2015 under the heading “Economic Support Fund”, and such audit shall address—

(1)

the extent to which such Program complies with the requirements of subsections (b) and (c); and

(2)

an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures.

(f)

Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations.

(g)

Not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations updating the report contained in section 2106 of chapter 2 of title II of Public Law 109–13.

Sec. 7040

(a)

Prohibition of funds— None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority.

(b)

Waiver— The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that waiving such prohibition is important to the national security interest of the United States.

(c)

Period of application of waiver— Any waiver pursuant to subsection (b) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act.

(d)

Report— Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the Committees on Appropriations detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed: Provided, That the report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure.

(e)

Certification— If the President exercises the waiver authority under subsection (b), the Secretary of State must certify and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll, and the Palestinian Authority is acting to counter incitement of violence against Israelis and is supporting activities aimed at promoting peace, coexistence, and security cooperation with Israel.

(f)

Prohibition to Hamas and the Palestine Liberation Organization—

(1)

None of the funds appropriated in titles III through VI of this Act may be obligated for salaries of personnel of the Palestinian Authority located in Gaza or may be obligated or expended for assistance to Hamas or any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member, or that results from an agreement with Hamas and over which Hamas exercises undue influence.

(2)

Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only if the President certifies and reports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended.

(3)

The President may exercise the authority in section 620K(e) of the Foreign Assistance Act of 1961, as added by the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446) with respect to this subsection.

(4)

Whenever the certification pursuant to paragraph (2) is exercised, the Secretary of State shall submit a report to the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended: Provided, That the report shall also detail the amount, purposes and delivery mechanisms for any assistance provided pursuant to the abovementioned certification and a full accounting of any direct support of such government.

(5)

None of the funds appropriated under titles III through VI of this Act may be obligated for assistance for the Palestine Liberation Organization.

Sec. 7041

(a)

Egypt—

(1)

In general— Funds appropriated by this Act that are available for assistance for the Government of Egypt may only be made available if the Secretary of State certifies and reports to the Committees on Appropriations that such government is—

(A)

sustaining the strategic relationship with the United States; and

(B)

meeting its obligations under the 1979 Egypt-Israel Peace Treaty.

(2)

Economic support fund—

(A)

Of the funds appropriated by this Act under the heading “Economic Support Fund”, and subject to paragraph (6) of this subsection, up to $150,000,000 may be made available for assistance for Egypt, of which not less than $35,000,000 should be made available for higher education programs including not less than $10,000,000 for scholarships at not-for-profit institutions for Egyptian students with high financial need: Provided, That such funds may also be made available for democracy programs: Provided further, That such funds shall be made available for a demonstration project to combat hepatitis C, on a cost matching basis from sources other than the United States Government.

(B)

Notwithstanding any provision of law restricting assistance for Egypt, including paragraph (6) of this subsection, funds made available under the heading “Economic Support Fund” in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for assistance for Egypt may be made available for education and economic growth programs, subject to prior consultation with the appropriate congressional committees: Provided, That such funds may not be made available for cash transfer assistance or budget support unless the Secretary of State certifies to the appropriate congressional committees that the Government of Egypt is taking consistent and effective steps to stabilize the economy and implement market-based economic reforms.

(C)

(i)

Of the funds appropriated by this Act under the heading “Economic Support Fund” that are available for assistance for Egypt, the Secretary of State shall withhold from obligation an amount that the Secretary determines to be equivalent to that expended by the United States Government for bail, and by nongovernmental organizations for legal and court fees, associated with democracy related trials in Egypt until the Secretary certifies and reports to the Committees on Appropriations that the Government of Egypt has dismissed the convictions issued by the Cairo Criminal Court on June 4, 2013, in “Public Prosecution Case No. 1110 for the Year 2012”.

(ii)

No conviction issued by the Cairo Criminal Court on June 4, 2013, in ‘‘Public Prosecution Case No. 1110 for the Year 2012’’, against a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States, shall be considered a conviction for purposes of United States law or for any activity undertaken within the jurisdiction of the United States.

(3)

Foreign military financing program— Of the funds appropriated by this Act under the heading “Foreign Military Financing Program”, and subject to paragraph (6) of this subsection, up to $1,300,000,000, to remain available until September 30, 2016, may be made available for assistance for Egypt which may be transferred to an interest bearing account in the Federal Reserve Bank of New York, following consultation with the Committees on Appropriations: Provided, That if the Secretary of State is unable to make the certification in subparagraph (6)(A) or (B) of this subsection, such funds may be made available at the minimum rate necessary to continue existing programs, notwithstanding any provision of law restricting assistance for Egypt and following consultation with the Committees on Appropriations, except that defense articles and services from such programs shall not be delivered until the requirements in subparagraphs (6)(A), (B), or (C) of this subsection are met: Provided further, That not later than 30 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations describing any defense articles withheld from delivery to Egypt as of the date of enactment of this Act: Provided further, That not later than 90 days after enactment of this Act, the Secretary shall consult with the Committees on Appropriations on plans to restructure military assistance for Egypt, including cash flow financing.

(4)

Prior year funds— Funds appropriated under the headings “Foreign Military Financing Program” and “International Military Education and Training” in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available notwithstanding any provision of law restricting assistance for Egypt, except that such funds under the heading “Foreign Military Financing Program” shall only be made available at the minimum rate necessary to continue existing programs and following consultation with the Committees on Appropriations, and the defense articles and services from such programs shall not be delivered until the requirements in subparagraphs (6)(A), (B), or (C) of this subsection are met.

(5)

Security exemptions— Notwithstanding any provision of law restricting assistance for Egypt, including paragraphs (3), (4), and (6) of this subsection, funds made available for assistance for Egypt in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for counterterrorism, border security, and nonproliferation programs in Egypt, and for development activities in the Sinai, if the Secretary of State certifies and reports to the appropriate congressional committees that to do so is important to the national security interest of the United States.

(6)

Fiscal year 2015 funds— Except as provided in paragraphs (2), (3) and (5) of this subsection, funds appropriated by this Act under the headings “Economic Support Fund”, “International Military Education and Training”, and “Foreign Military Financing Program” for assistance for the Government of Egypt may be made available notwithstanding any provision of law restricting assistance for Egypt as follows—

(A)

up to $725,850,000 may be made available only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Egypt—

(i)

has held free and fair parliamentary elections;

(ii)

is implementing laws or policies to govern democratically and protect the rights of individuals;

(iii)

is implementing reforms that protect freedoms of expression, association, and peaceful assembly, including the ability of civil society organizations and the media to function without interference;

(iv)

is taking consistent steps to protect and advance the rights of women and religious minorities;

(v)

is providing detainees with due process of law;

(vi)

is conducting credible investigations and prosecutions of the use of excessive force by security forces; and

(vii)

has released American citizens who the Secretary of State determines to be political prisoners and dismissed charges against them; and

(B)

not less than 180 days after a certification and report under subparagraph (6)(A), up to $725,850,000 may be made available only if the Secretary of State certifies and reports to the Committees on Appropriations that the requirements in subparagraph (6)(A) are being met.

(C)

The Secretary of State may provide assistance, notwithstanding the certification requirements of subparagraphs 6(A) and (B) of this subsection or similar provisions of law in prior Acts making appropriations for the Department of State, foreign operations, and related programs, if the Secretary, after consultation with the Committees on Appropriations, certifies and reports to such Committees that it is important to the national security interest of the United States to provide such assistance: Provided, That such report, which may be in classified form if necessary, shall contain a detailed justification and the reasons why any of the requirements of subparagraphs 6(A) or (B) cannot be met.

(b)

Iran—

(1)

The terms and conditions of paragraphs (1) and (2) of section 7041(c) in division I of Public Law 112–74 shall continue in effect during fiscal year 2015 as if part of this Act.

(2)

(A)

The reporting requirements in section 7043(c) in division F of Public Law 111–117 shall continue in effect during fiscal year 2015 as if part of this Act: Provided, That the date in subsection (c)(1) shall be deemed to be “September 30, 2015”.

(B)

The Secretary of State shall submit to the appropriate congressional committees, not later than 30 days after enactment of this Act and at the end of each 30-day period thereafter until September 30, 2015, a report on the implementation of the Joint Plan of Action between the P5+1 and the Government of Iran concluded on November 24, 2013, and any extension of or successor to that agreement: Provided, That the report shall include the information required in House Report 113–499 and Senate Report 113–195, and may be submitted in classified form if necessary.

(c)

Iraq—

(1)

Funds appropriated by this Act may be made available for assistance for Iraq to promote governance, security, and internal and regional stability, including in Kurdistan and other areas impacted by the conflict in Syria, and among Iraq’s religious and ethnic minority populations.

(2)

None of the funds appropriated by this Act may be made available for construction of a permanent United States consulate in Iraq on property for which no land-use agreement has been entered into by the Governments of the United States and Iraq.

(3)

Funds appropriated by this Act under the headings “International Narcotics Control and Law Enforcement” and “Foreign Military Financing Program” that are available for assistance for Iraq should be made available to enhance the capacity of Kurdistan Regional Government security services and for security programs in Kurdistan to address requirements arising from the violence in Syria and Iraq: Provided, That the Secretary of State shall consult with the Committees on Appropriations prior to obligating such funds.

(4)

Not later than 90 days after enactment of this Act, the Secretary of State, in consultation with the heads of other relevant United States Government agencies, shall submit a report to the appropriate congressional committees detailing steps taken by the United States Government to address the plight, including resettlement needs, of Iranian dissidents located at Camp Liberty/Hurriya in Iraq.

(d)

Jordan— Of the funds appropriated by this Act under the headings “Economic Support Fund” and “Foreign Military Financing Program”, not less than $1,000,000,000 shall be made available for assistance for Jordan.

(e)

Lebanon—

(1)

None of the funds appropriated by this Act may be made available for the Lebanese Internal Security Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF is controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act.

(2)

Funds appropriated by this Act under the headings “International Narcotics Control and Law Enforcement” and “Foreign Military Financing Program” that are available for assistance for Lebanon may be made available for programs and equipment for the ISF and the LAF to address security and stability requirements in areas affected by the conflict in Syria, following consultation with the appropriate congressional committees.

(3)

Funds appropriated by this Act under the heading “Economic Support Fund” that are available for assistance for Lebanon may be made available notwithstanding section 1224 of Public Law 107–228.

(4)

In addition to the activities described in paragraph (2), funds appropriated by this Act under the heading “Foreign Military Financing Program” for assistance for Lebanon may be made available only to professionalize the LAF and to strengthen border security and combat terrorism, including training and equipping the LAF to secure Lebanon’s borders, interdicting arms shipments, preventing the use of Lebanon as a safe haven for terrorist groups, and to implement United Nations Security Council Resolution 1701: Provided, That funds may not be obligated for assistance for the LAF until the Secretary of State submits to the Committees on Appropriations a detailed spend plan, including actions to be taken to ensure equipment provided to the LAF is only used for the intended purposes, except such plan may not be considered as meeting the notification requirements under section 7015 of this Act or under section 634A of the Foreign Assistance Act of 1961, and shall be submitted not later than September 1, 2015: Provided further, That any notification submitted pursuant to such sections shall include any funds specifically intended for lethal military equipment.

(f)

Libya—

(1)

None of the funds appropriated by this Act may be made available for assistance for the central Government of Libya unless the Secretary of State reports to the Committees on Appropriations that such government is cooperating with United States Government efforts to investigate and bring to justice those responsible for the attack on United States personnel and facilities in Benghazi, Libya in September 2012: Provided, That the limitation in this paragraph shall not apply to funds made available for the purpose of protecting United States Government personnel or facilities.

(2)

Any notification required for assistance for Libya for funds appropriated under title IV of this Act shall include a detailed justification for such assistance, and a description of the vetting procedures used for any individual or unit receiving such assistance.

(3)

The limitation on the uses of funds in section 7041(f)(2) of division K of Public Law 113–76 shall apply to funds appropriated by this Act that are made available for assistance for Libya: Provided, That prior to the obligation of such funds, the Secretary of State shall take all appropriate steps to ensure that mechanisms are in place for monitoring and control of assistance for Libya.

(4)

Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing—

(A)

the number of claims against Libya filed with the Foreign Claims Settlement Commission pursuant to the Department of State’s referral of claims of November 27, 2013 in connection with the Claims Settlement Agreement between the United States of America and the Great Socialist People's Libyan Arab Jamahiriya of August 14, 2008, as implemented pursuant to the Libyan Claims Resolution Act, Public Law 110–301 and Executive Order 13477 dated October 31, 2008;

(B)

the amount of remaining balances of funds received by the United States, and held by the United States Treasury, for payment of awards rendered by the Foreign Claims Settlement Commission pursuant to the November 27, 2013 referral; and

(C)

the process by which the claims are to be adjudicated.

(g)

Morocco—

(1)

Funds appropriated under title III of this Act shall be made available for assistance for the Western Sahara: Provided, That not later than 90 days after enactment of this Act and prior to the obligation of such funds the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall consult with the Committees on Appropriations on the proposed uses of such funds.

(2)

Funds appropriated by this Act under the heading “Foreign Military Financing Program” that are available for assistance for Morocco may only be used for the purposes requested in the Congressional Budget Justification, Foreign Operations, Fiscal Year 2015.

(h)

Syria—

(1)

Funds appropriated under title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available notwithstanding any other provision of law for non-lethal assistance for programs to address the needs of civilians affected by conflict in Syria, and for programs that seek to—

(A)

establish governance in Syria that is representative, inclusive, and accountable;

(B)

expand the role of women in negotiations to end the violence and in any political transition in Syria;

(C)

develop and implement political processes that are democratic, transparent, and adhere to the rule of law;

(D)

further the legitimacy of the Syrian opposition through cross-border programs;

(E)

develop civil society and an independent media in Syria;

(F)

promote economic development in Syria;

(G)

document, investigate, and prosecute human rights violations in Syria, including through transitional justice programs and support for nongovernmental organizations;

(H)

counter extremist ideologies; and

(I)

assist Syrian refugees whose education has been interrupted by the ongoing conflict to complete higher education requirements at regional academic institutions.

(2)

Prior to the obligation of funds appropriated by this Act and made available for assistance for Syria, the Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of such assistance inside Syria: Provided, That the Secretary of State shall promptly inform the appropriate congressional committees of each significant instance in which assistance provided pursuant to the authority of this subsection has been compromised, to include the type and amount of assistance affected, a description of the incident and parties involved, and an explanation of the Department of State’s response.

(3)

Funds appropriated by this Act that are made available for assistance for Syria pursuant to the authority of this subsection may only be made available after the Secretary of State, in consultation with the heads of relevant United States Government agencies, submits, in classified form if necessary, an update to the comprehensive strategy required in section 7041(i)(3) of Public Law 113–76.

(4)

Funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees, and shall be subject to the regular notification procedures of the Committees on Appropriations.

(i)

West bank and gaza—

(1)

Report on assistance— Prior to the initial obligation of funds made available by this Act under the heading “Economic Support Fund” for assistance for the West Bank and Gaza, the Secretary of State shall report to the Committees on Appropriations that the purpose of such assistance is to—

(A)

advance Middle East peace;

(B)

improve security in the region;

(C)

continue support for transparent and accountable government institutions;

(D)

promote a private sector economy; or

(E)

address urgent humanitarian needs.

(2)

Limitations—

(A)

(i)

None of the funds appropriated under the heading “Economic Support Fund” in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act—

(I)

the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; or

(II)

the Palestinians initiate an International Criminal Court judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians.

(ii)

The Secretary of State may waive the restriction in paragraph (2)(A) resulting from the application of paragraph (2)(A)(i)(I) if the Secretary certifies to the Committees on Appropriations that to do so is in the national security interest of the United States, and submits a report to such Committees detailing how the waiver and the continuation of assistance would assist in furthering Middle East peace.

(B)

(i)

The President may waive the provisions of section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have not, after the date of enactment of this Act, obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians.

(ii)

Not less than 90 days after the President is unable to make the certification and report pursuant to subparagraph (B)(i), the President may waive section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have entered into direct and meaningful negotiations with Israel: Provided, That any waiver of the provisions of section 1003 of Public Law 100–204 under subparagraph (B)(i) of this paragraph or under previous provisions of law must expire before the waiver under the preceding sentence may be exercised.

(iii)

Any waiver pursuant to this subparagraph shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act.

(3)

Reduction— The Secretary of State shall reduce the amount of assistance made available by this Act under the heading “Economic Support Fund” for the Palestinian Authority by an amount the Secretary determines is equivalent to the amount expended by the Palestinian Authority as payments for acts of terrorism by individuals who are imprisoned after being fairly tried and convicted for acts of terrorism and by individuals who died committing acts of terrorism during the previous calendar year: Provided, That the Secretary shall report to the Committees on Appropriations on the amount reduced for fiscal year 2015 prior to the obligation of funds for the Palestinian Authority.

(j)

Yemen— None of the funds appropriated by this Act for assistance for Yemen may be made available for the Armed Forces of Yemen if such forces are controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act.

Sec. 7042

(a)

Central african republic— Funds made available by this Act for assistance for the Central African Republic shall be made available for reconciliation and peacebuilding programs, including activities to promote inter-faith dialogue at the national and local levels, and for programs to prevent crimes against humanity.

(b)

Counterterrorism programs—

(1)

Of the funds appropriated by this Act, not less than $63,331,000 should be made available for the Trans-Sahara Counterterrorism Partnership program, and not less than $24,000,000 should be made available for the Partnership for Regional East Africa Counterterrorism program.

(2)

Of the funds appropriated by this Act under the heading “Economic Support Fund”, $10,000,000 shall be made available for programs to counter extremism in East Africa, in addition to such sums that may otherwise be made available for such purposes.

(c)

Crisis Response— Notwithstanding any other provision of law, up to $10,000,000 of the funds appropriated by this Act under the heading “Global Health Programs” for HIV/AIDS activities may be transferred to, and merged with, funds appropriated under the headings “Economic Support Fund” and “Transition Initiatives” to respond to unanticipated crises in Africa, except that funds shall not be transferred unless the Secretary of State certifies to the Committees on Appropriations that no individual currently on anti-retroviral therapy supported by such funds shall be negatively impacted by the transfer of such funds: Provided, That the authority of this subsection shall be subject to prior consultation with the Committees on Appropriations.

(d)

Ethiopia—

(1)

Funds appropriated by this Act that are available for assistance for Ethiopian military and police forces shall not be made available until the Secretary of State—

(A)

certifies and reports to the Committees on Appropriations that the Government of Ethiopia is implementing policies to—

(i)

protect judicial independence; freedom of expression, association, assembly, and religion; the right of political opposition parties, civil society organizations, and journalists to operate without harassment or interference; and due process of law; and

(ii)

permit access for human rights and humanitarian organizations to the Somali region of Ethiopia; and

(B)

submits a report to the Committees on Appropriations on the types and amounts of United States training and equipment proposed to be provided to the Ethiopian military and police, including steps to ensure that such assistance is not provided in contravention of section 620M of the Foreign Assistance Act of 1961.

(2)

The restriction in paragraph (1) shall not apply to assistance made available under the heading “International Military Education and Training” (IMET) in this Act, assistance to Ethiopian military efforts in support of international peacekeeping operations, countering regional terrorism, and border security, and assistance for the Ethiopian Defense Command and Staff College.

(3)

Funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund” that are available for assistance in the lower Omo and Gambella regions of Ethiopia shall—

(A)

not be used to support activities that directly or indirectly involve forced evictions;

(B)

support initiatives of local communities to improve their livelihoods; and

(C)

be subject to prior consultation with affected populations.

(4)

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against financing for any activities that directly or indirectly involve forced evictions in Ethiopia.

(e)

Expanded international military education and training—

(1)

Funds appropriated under the heading “International Military Education and Training” in this Act that are made available for assistance for Angola, Cameroon, Chad, Côte d’Ivoire, Guinea, and Zimbabwe may be made available only for training related to international peacekeeping operations, expanded IMET, and professional military education: Provided, That the limitation included in this paragraph shall not apply to courses that support training in maritime security.

(2)

None of the funds appropriated under the heading “International Military Education and Training” in this Act should be made available for assistance for Equatorial Guinea.

(f)

Lord's resistance army— Funds appropriated by this Act shall be made available for programs and activities in areas affected by the Lord's Resistance Army (LRA) consistent with the goals of the Lord’s Resistance Army Disarmament and Northern Uganda Recovery Act (Public Law 111–172), including to improve physical access, telecommunications infrastructure, and early-warning mechanisms and to support the disarmament, demobilization, and reintegration of former LRA combatants, especially child soldiers.

(g)

Nigeria— Funds appropriated by this Act that are made available for assistance for Nigeria shall be made available for assistance for women and girls who are targeted by the terrorist organization Boko Haram, consistent with the provisions of section 7059 of this Act, and in consultation with the Government of Nigeria.

(h)

Programs in africa—

(1)

Of the funds appropriated by this Act under the headings “Global Health Programs” and “Economic Support Fund”, not less than $7,000,000 shall be made available for the purposes of section 7042(g)(1) of division K of Public Law 113–76.

(2)

Of the funds appropriated by this Act under the headings “Economic Support Fund” and “International Narcotics Control and Law Enforcement”, not less than $8,000,000 shall be made available for the purposes of section 7042(g)(2) of division K of Public Law 113–76.

(3)

Funds made available under paragraphs (1) and (2) shall be programmed in a manner that leverages a United States Government-wide approach to addressing shared challenges and mutually beneficial opportunities, and shall be the responsibility of United States Chiefs of Mission in countries in Africa seeking enhanced partnerships with the United States in areas of trade, investment, development, health, and security.

(i)

Somalia—

(1)

Funds appropriated by this Act under the heading “Economic Support Fund” that are made available for assistance for Somalia should be used to promote dialogue and reconciliation between the central government and Somali regions, and should be provided in an impartial manner that is based on need and institutional capacity: Provided, That such assistance should also be used to strengthen the rule of law and government institutions, support civil society organizations involved in peace building, and support other development priorities including education and employment opportunities.

(2)

Funds appropriated in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for Somalia, notwithstanding section 7042(h)(2) of division K of Public Law 113–76, following consultation with, and the regular notification procedures of, the Committees on Appropriations.

(j)

South Sudan—

(1)

Funds appropriated by this Act that are made available for assistance for South Sudan should—

(A)

be prioritized for programs that respond to humanitarian needs and the delivery of basic services and to mitigate conflict and promote stability, including to address protection needs and prevent and respond to gender-based violence;

(B)

support programs that build resilience of communities to address food insecurity, maintain educational opportunities, and enhance local governance;

(C)

be used to advance democracy, including support for civil society, independent media, and other means to strengthen the rule of law;

(D)

support the transparent and sustainable management of natural resources by assisting the Government of South Sudan in conducting regular audits of financial accounts, including revenues from oil and gas, and the timely public disclosure of such audits; and

(E)

support the professionalization of security forces, including human rights and accountability to civilian authorities.

(2)

None of the funds appropriated by this Act that are available for assistance for the central Government of South Sudan may be made available until the Secretary of State certifies and reports to the Committees on Appropriations that such government is taking steps to—

(A)

provide access for humanitarian organizations;

(B)

end the use of child soldiers;

(C)

support a cessation of hostilities agreement;

(D)

protect freedoms of expression, association, and assembly;

(E)

reduce corruption related to the extraction and sale of oil and gas; and

(F)

establish democratic institutions, including accountable military and police forces under civilian authority.

(3)

The limitation of paragraph (2) shall not apply to—

(A)

humanitarian assistance;

(B)

assistance to directly support South Sudan peace negotiations or to implement a peace agreement; and

(C)

assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement (CPA) and mutual arrangements related to the CPA.

(k)

Sudan—

(1)

Notwithstanding any other provision of law, none of the funds appropriated by this Act may be made available for assistance for the Government of Sudan.

(2)

None of the funds appropriated by this Act may be made available for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees held by the Government of Sudan, including the cost of selling, reducing, or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements.

(3)

The limitations of paragraphs (1) and (2) shall not apply to—

(A)

humanitarian assistance;

(B)

assistance for the Darfur region, Southern Kordofan State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and

(C)

assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement (CPA), mutual arrangements related to post-referendum issues associated with the CPA, or any other internationally recognized viable peace agreement in Sudan.

(l)

Trafficking in Conflict Minerals, Wildlife, and Other Contraband—

(1)

None of the funds appropriated by this Act under the heading “Foreign Military Financing Program” may be made available for assistance for Rwanda unless the Secretary of State certifies to the Committees on Appropriations that the Government of Rwanda is implementing a policy to cease political, military and/or financial support to armed groups in the Democratic of the Congo (DRC) that have violated human rights or are involved in the illegal exportation of minerals, wildlife, or other contraband.

(2)

The restriction in paragraph (1) shall not apply to assistance to improve border controls to prevent the illegal exportation of minerals, wildlife, and other contraband out of the DRC by such groups, to protect humanitarian relief efforts, to support the training and deployment of members of the Rwandan military in international peacekeeping operations, or to conduct operations against the Lord's Resistance Army.

(m)

Zimbabwe—

(1)

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any extension by the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State certifies and reports to the Committees on Appropriations that the rule of law has been restored, including respect for ownership and title to property, and freedoms of expression, association, and assembly.

(2)

None of the funds appropriated by this Act shall be made available for assistance for the central Government of Zimbabwe, except for health and education, unless the Secretary of State certifies and reports as required in paragraph (1), and funds may be made available for macroeconomic growth assistance if the Secretary reports to the Committees on Appropriations that such government is implementing transparent fiscal policies, including public disclosure of revenues from the extraction of natural resources.

Sec. 7043

(a)

Asia rebalancing initiative—

(1)

Asia maritime security—

(A)

Funds appropriated by this Act under the headings “International Narcotics Control and Law Enforcement” and “Foreign Military Financing Program” shall be made available for activities to strengthen maritime security in the Asia region: Provided, That prior to obligating such funds, the Secretary of State shall consult with the appropriate congressional committees on the uses of such funds on a country-by-country basis and on the specific regional strategic objectives supported by such funds: Provided further, That such funds may only be made available for programs for naval forces, coast guards, or other governmental maritime entities and nongovernmental organizations, as appropriate, directly engaged in maritime security issues, and shall be coordinated with other United States Government activities that seek to strengthen maritime security in such region.

(B)

Funds appropriated by this Act under the heading “International Military Education and Training” shall be made available for activities to promote the professionalism and capabilities of naval forces, coast guard, or other governmental maritime entities directly engaged in maritime security issues in the Asia region, including to counter piracy and facilitate cooperation on disaster relief efforts.

(C)

In addition to the consultation requirement in paragraph (1)(A), not later than 90 days after enactment of this Act, the Secretary of State, in coordination with the heads of other relevant United States Government agencies, shall submit to the appropriate congressional committees a multi-year strategy to increase cooperation on maritime security issues with countries in the Asia region, including a description of specific regional strategic objectives served by such funds: Provided, That such strategy shall include clear goals and objectives, and cost estimates for implementation on an annual, country-by-country and regional basis.

(D)

None of the funds appropriated by this Act may be made available for equipment or training for the armed forces of the People’s Republic of China.

(E)

Funds appropriated under titles III and IV of this Act may be made available by the Secretary of State for the participation by the United States in the Information Sharing Centre located in Singapore, as established by the Regional Cooperation Agreement on Combating Piracy and Armed Robbery Against Ships in Asia.

(2)

Regional alliances and partnerships— Funds appropriated under title III of this Act that are made available for programs to strengthen regional alliances and partnerships among governments in the Asia region should be matched to the maximum extent practicable and as appropriate from sources other than the United States Government: Provided, That prior to the obligation of funds for such programs, the Secretary of State shall certify to the appropriate congressional committees that such regional alliance or partnership is in the national security interest of the United States, and that the program or programs supporting such alliance serve specific strategic objectives, including a description of such objectives and an explanation of how such programs are coordinated with other United States Government programs to rebalance policy toward Asia.

(3)

Economic growth and trade—

(A)

Funds appropriated under title III of this Act that are made available for bilateral economic growth programs in the Asia region shall also be made available to increase United States trade in such region, and for assistance for capacity building activities relating to free trade agreements.

(B)

Funds appropriated under title VI of this Act shall be made available to increase United States trade in the Asia region above amounts made available for such purposes in prior fiscal years.

(4)

Operations and assistance calculations— Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing the funds provided for the Asia Rebalancing Initiative for operations and assistance for each fiscal year beginning in fiscal year 2011: Provided, That such report shall include total amounts made available for such Initiative for each fiscal year, and shall specify the increased amounts for operations and assistance for the Asia region to support such Initiative.

(5)

Public diplomacy—

(A)

Funds appropriated by this Act under the headings “Educational and Cultural Exchange Programs” and “Economic Support Fund” shall be made available for exchange programs for the Asia region, including for the Young Southeast Asian Leaders Initiative, which should be matched to the maximum extent practicable and as appropriate from sources other than the United States Government: Provided, That such Initiative shall include the participation of representatives of democratic political parties and human rights organizations.

(B)

Not later than 180 days after enactment of this Act, the Secretary of State, in consultation with the heads of other relevant United States Government agencies, shall submit to the appropriate congressional committees a report detailing a clear and comprehensive narrative on United States foreign policy for the Asia region, including a description of steps taken to disseminate such narrative among such agencies.

(C)

Funds appropriated by this Act under the heading “International Broadcasting Operations” that are made available for the Asia region shall be made available to support the narrative required in subparagraph (B), as appropriate: Provided, That not later than 90 days after enactment of this Act, the Broadcasting Board of Governors shall submit a report to the Committees on Appropriations detailing the programs that are attributable to the Asia Rebalancing Initiative, including the costs of such programs.

(6)

Democracy and human rights—

(A)

Funds appropriated by title III of this Act for the Asia Rebalancing Initiative shall be made available to promote and protect democracy and human rights in the Asia region, including for political parties, civil society, and organizations and individuals seeking to advance transparency, accountability, and the rule of law: Provided, That such funds shall also be made available, through an open and competitive process, to nongovernmental networks and alliances that seek to promote democracy, human rights, and the rule of law in the Asia region: Provided further, That to the maximum extent practicable, such funds should be made available on a grant or cooperative agreement basis.

(B)

Funds appropriated by this Act under the headings “Global Health Programs”, “Development Assistance”, “Economic Support Fund”, and “Migration and Refugee Assistance” shall be made available for programs to promote and preserve Tibetan culture and the resilience of Tibetan communities in India and Nepal, and to assist in the education and development of the next generation of Tibetan leaders from such communities: Provided, That such funds are in addition to amounts made available for programs inside Tibet in subsection (g)(2) of this section.

(7)

Conflict resolution— Funds appropriated under titles III and IV of this Act shall be made available to address and mitigate conflict in the Asia region arising from ethnic, religious, and territorial disputes.

(8)

Definition— For purposes of this subsection, the Asia region means countries and territories in Oceania, Southeast Asia, and South Asia, and the Indian and Pacific Oceans bordering those countries and territories.

(b)

Burma—

(1)

Funds appropriated by this Act under the heading “Economic Support Fund” may be made available for assistance for Burma notwithstanding any other provision of law: Provided, That no such funds shall be made available to any successor or affiliated organization of the State Peace and Development Council (SPDC) controlled by former SPDC members that promotes the repressive policies of the SPDC, or to any individual or organization credibly alleged to have committed gross violations of human rights, including against Rohingyas and other minority groups: Provided further, That such funds may be made available for programs administered by the Office of Transition Initiatives, USAID, for ethnic groups and civil society in Burma to help sustain ceasefire agreements and further prospects for reconciliation and peace, which may include support to representatives of ethnic armed groups for this purpose.

(2)

Funds appropriated under title III of this Act for assistance for Burma—

(A)

may not be made available for budget support for the Government of Burma;

(B)

shall be provided to strengthen civil society organizations in Burma, including as core support for such organizations;

(C)

shall be made available for community-based organizations operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds appropriated by this Act under the heading “Migration and Refugee Assistance”;

(D)

shall be made available for parliamentary strengthening programs; and

(E)

shall be made available for ethnic and religious reconciliation programs, including in ceasefire areas, as appropriate, and to address the Rohingya and Kachin crises.

(3)

None of the funds appropriated by this Act under the headings “International Military Education and Training” and “Foreign Military Financing Program” may be made available for assistance for Burma: Provided, That the Department of State may continue consultations with the armed forces of Burma only on human rights and disaster response in a manner consistent with the prior fiscal year, and following consultation with the appropriate congressional committees.

(4)

Funds made available by this Act for assistance for Burma shall be made available for the implementation of the democracy and human rights strategy required by section 7043(b)(3)(A) of division K of Public Law 113–76: Provided, That the United States Chief of Mission in Burma, in consultation with the Assistant Secretary for the Bureau of Democracy, Human Rights, and Labor, Department of State (DRL), shall be responsible for democracy and human rights programs in Burma: Provided further, That not less than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing steps taken by the United States and other international donors to protect human rights and address conflict in Rakhine State.

(5)

Funds appropriated by this Act shall only be made available for assistance for the central Government of Burma if the Secretary of State certifies and reports to the appropriate congressional committees that such government has implemented reforms, in consultation with Burma’s political opposition and ethnic groups, providing for free and fair presidential and parliamentary elections, to include participation of citizens as voters and candidates: Provided, That the Secretary of State may waive the requirements of this paragraph if the Secretary certifies and reports to the Committees on Appropriations that to do so is important to the democratic development of Burma, including a detailed justification for such waiver.

(6)

Any new program or activity in Burma initiated in fiscal year 2015 shall be subject to prior consultation with the appropriate congressional committees.

(7)

Notwithstanding any provision of law, the position established by section 7 of Public Law 110–286 shall remain vacant following the expiration of the current term.

(8)

(A)

Section 3(3) of Public Law 112–192 (October 5, 2012) is amended by inserting after “Public Law 112–74” the phrase “and shall also include the Multilateral Investment Guarantee Agency”.

(B)

The amendment made in subparagraph (A) shall only take effect if the Secretary of State certifies and reports to the Committees on Appropriations by September 30, 2015 that the Government of Burma has implemented reforms, in consultation with Burma’s political opposition and ethnic groups, providing for free and fair presidential and parliamentary elections.

(c)

Cambodia—

(1)

Funds appropriated under title III of this Act for assistance for Cambodia shall be made available for democracy and human rights programs: Provided, That such funds shall not include the costs associated with a United States contribution to a Khmer Rouge tribunal: Provided further, That decisions regarding the uses of such funds shall be the responsibility of the United States Chief of Mission in Cambodia, in consultation with the Assistant Secretary for DRL, and should include programs that seek to—

(A)

strengthen Cambodian civil society;

(B)

promote transparent and accountable parliamentary and electoral processes;

(C)

provide access to justice for political prisoners and individuals whose land has been confiscated through extra-legal means;

(D)

protect the rights, livelihood and traditions of minority groups in Cambodia;

(E)

support research and documentation on the Khmer Rouge genocide, including in a regional context; and

(F)

support efforts to educate the people of Cambodia on such genocide.

(2)

Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading “Development Assistance” shall be made available for basic education programs in Cambodia.

(3)

Funds appropriated by this Act may not be made available for a United States contribution to a Khmer Rouge tribunal until the Secretary of State reports to the appropriate congressional committees on whether—

(A)

international donors, in cooperation with the Government of Cambodia, have determined an estimate of costs and a timeline associated with the winding down of such tribunal;

(B)

the workings of the tribunal are free of interference by the Government of Cambodia; and

(C)

the Government of Cambodia is making financial contributions to such tribunal in a manner consistent with its pledges.

(4)

The Secretary of State shall consult with international donors to the Khmer Rouge tribunal on a plan to reimburse the Documentation Center of Cambodia for costs incurred in support of the work of such tribunal: Provided, That not later than 90 days after enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report detailing the steps taken to develop such plan.

(d)

North Korea—

(1)

Funds made available under the heading “International Broadcasting Operations” in title I of this Act shall be made available to maintain broadcasts into North Korea.

(2)

Funds appropriated by this Act under the heading “Migration and Refugee Assistance” shall be made available for assistance for refugees from North Korea, including for protection activities in the People’s Republic of China.

(3)

None of the funds made available by this Act under the heading “Economic Support Fund” may be made available for assistance for the government of North Korea.

(e)

People's Republic of China—

(1)

None of the funds appropriated under the heading “Diplomatic and Consular Programs” in this Act may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People's Republic of China unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action.

(2)

The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assistance projects or activities of the People's Liberation Army (PLA) of the People's Republic of China, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided, That none of the funds appropriated or otherwise made available pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA.

(3)

Funds appropriated by this Act for public diplomacy under title I and for assistance under titles III and IV shall be made available to counter the influence of the People’s Republic of China, in accordance with the strategy required by section 7043(e)(3) of division K of Public Law 113–76, following consultation with the Committees on Appropriations.

(f)

Philippines— Funds appropriated by this Act under the heading “Foreign Military Financing Program” that are available for assistance for the Philippine army should only be made available in accordance with the conditions under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(g)

Tibet—

(1)

The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support financing of projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring.

(2)

Notwithstanding any other provision of law, funds appropriated by this Act under the heading “Economic Support Fund” shall be made available to nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development, education, and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China.

(h)

Vietnam— Funds appropriated by this Act under the heading “Economic Support Fund” shall be made available for remediation of dioxin contaminated sites in Vietnam and may be made available for assistance for the Government of Vietnam, including the military, for such purposes, and funds appropriated under the heading “Development Assistance” shall be made available for health/disability activities in areas sprayed with Agent Orange or otherwise contaminated with dioxin.

Sec. 7044

(a)

Afghanistan—

(1)

Operations and reports—

(A)

Funds appropriated by this Act under the headings “Diplomatic and Consular Programs”, “Embassy Security, Construction, and Maintenance”, and “Operating Expenses” that are available for the construction and renovation of United States Government facilities in Afghanistan may not be made available if the purpose is to accommodate Federal employee positions or to expand aviation facilities or assets above those notified by the Department of State and the United States Agency for International Development (USAID) to the Committees on Appropriations, or contractors in addition to those in place on the date of enactment of this Act: Provided, That the limitations in this paragraph shall not apply if funds are necessary to protect such facilities or the security, health, and welfare of United States personnel.

(B)

Of the funds appropriated by this Act under the headings “Diplomatic and Consular Programs” and “Operating Expenses” that are made available for operations in Afghanistan, 15 percent shall be withheld from obligation until the Secretary of State, in consultation with the Secretary of Defense and the USAID Administrator, submits to the Committees on Appropriations, in classified form if necessary, an update of the report required by section 7044(a)(1)(B) of division K of Public Law 113–76.

(2)

Assistance— Funds appropriated by this Act under the headings “Economic Support Fund” and “International Narcotics Control and Law Enforcement” for assistance for Afghanistan—

(A)

may not be used to support any program, project, or activity that—

(i)

does not have regular oversight by the Department of State or USAID, as appropriate, to include site visits;

(ii)

involves any individual or organization that the Secretary of State determines to be involved in corrupt practices; or

(iii)

initiates new major infrastructure;

(B)

shall only be made available for programs that the Government of Afghanistan or other Afghan entity is capable of sustaining, as appropriate and as determined by the United States Chief of Mission;

(C)

shall be prioritized for programs that promote women's economic and political empowerment, strengthen and protect the rights of women and girls, and to implement the United States Embassy Kabul Gender Strategy; and

(D)

shall be implemented in accordance with all applicable audit policies of the Department of State and USAID.

(3)

Notification and certification requirement— Funds appropriated by this Act under the headings “Economic Support Fund” and “International Narcotics Control and Law Enforcement” for assistance for the central Government of Afghanistan shall be subject to the regular notification procedures of the Committees on Appropriations, and may not be obligated unless the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Afghanistan is—

(A)

implementing laws or policies to govern democratically and protect the rights of individuals and civil society;

(B)

implementing the Bilateral Security Agreement with the United States;

(C)

taking consistent steps to protect and advance the rights of women and girls in Afghanistan;

(D)

implementing the necessary policies and procedures to comply with section 7013 of this Act; and

(E)

reducing corruption and recovering stolen assets.

(4)

Waiver— The Secretary of State, after consultation with the Secretary of Defense, may waive the certification requirement of paragraph (3) if the Secretary of State determines that to do so is important to the national security interest of the United States and the Secretary submits a report to the Committees on Appropriations, in classified form if necessary, on the justification for the waiver and the reasons why any part of the certification requirement of paragraph (3) has not been met.

(5)

Rule of law programs— Of the funds appropriated by this Act that are available for assistance for Afghanistan, not less than $50,000,000 shall be made available for rule of law programs: Provided, That decisions regarding the uses of such funds shall be the responsibility of the Coordinating Director, in consultation with other appropriate United States Government officials in Afghanistan, and such Director shall be consulted on the uses of all funds appropriated by this Act for rule of law programs in Afghanistan.

(6)

Funding reduction— Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are available for assistance for the Government of Afghanistan shall be reduced by $5 for every $1 that the Government of Afghanistan imposes in taxes, duties, penalties, or other fees on the transport of property of the United States Government (including the United States Armed Forces), entering or leaving Afghanistan.

(7)

Endowment to empower women and girls— Funds appropriated under the heading “Economic Support Fund” in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for an endowment to empower women and girls in Afghanistan, following consultation with the appropriate congressional committees.

(8)

Authorities—

(A)

Funds appropriated under titles III through VI of this Act that are made available for assistance for Afghanistan may be made available—

(i)

notwithstanding section 7012 of this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961; and

(ii)

for reconciliation programs and disarmament, demobilization, and reintegration activities for former combatants who have renounced violence against the Government of Afghanistan in accordance with section 7046(a)(2)(B)(ii) of Public Law 112–74.

(B)

Section 7046(a)(2)(A) of division I of Public Law 112–74 shall apply to funds appropriated by this Act for assistance for Afghanistan.

(9)

Afghanistan regional transition— Funds made available by this Act for assistance for Afghanistan may be made available for programs in Central and South Asia relating to a transition in Afghanistan, including expanding Afghanistan linkages within the region: Provided, That such funds shall be the responsibility of the Assistant Secretary for the Bureau of South and Central Asian Affairs, Department of State, and the coordinator designated pursuant to section 601 of the Support for Eastern European Democracy (SEED) Act of 1989 (Public Law 101–179) and section 102 of the FREEDOM Support Act (Public Law 102–511): Provided further, That such funds shall be subject to the regular notification procedures of the Committees on Appropriations.

(10)

Base rights— None of the funds made available by this Act may be used by the United States Government to enter into a permanent basing rights agreement between the United States and Afghanistan.

(b)

Bangladesh— Funds appropriated by this Act under the heading “Development Assistance” that are made available for assistance for Bangladesh shall be made available for programs to improve labor conditions by strengthening the capacity of independent workers’ organizations in Bangladesh’s readymade garment, shrimp, and fish export sectors.

(c)

Nepal—

(1)

Funds appropriated by this Act under the heading “Foreign Military Financing Program” may be made available for assistance for Nepal only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Nepal is investigating and prosecuting violations of human rights and the laws of war, and the Nepal army is cooperating fully with civilian judicial authorities, including providing investigators access to witnesses, documents, and other information.

(2)

The conditions in paragraph (1) shall not apply to assistance for humanitarian relief and reconstruction activities in Nepal, or for training to participate in international peacekeeping missions.

(d)

Pakistan—

(1)

Certification Requirement— None of the funds appropriated or otherwise made available by this Act under the headings “Economic Support Fund”, “International Narcotics Control and Law Enforcement”, and “Foreign Military Financing Program” for assistance for the Government of Pakistan may be made available unless the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Pakistan is—

(A)

cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and other domestic and foreign terrorist organizations, including taking steps to end support for such groups and prevent them from basing and operating in Pakistan and carrying out cross border attacks into neighboring countries;

(B)

not supporting terrorist activities against United States or coalition forces in Afghanistan, and Pakistan’s military and intelligence agencies are not intervening extra-judicially into political and judicial processes in Pakistan;

(C)

dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the manufacture of IEDs;

(D)

preventing the proliferation of nuclear-related material and expertise;

(E)

issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and

(F)

providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by the conflict.

(2)

Waiver— The Secretary of State, after consultation with the Secretary of Defense, may waive the certification requirement of paragraph (1) if the Secretary of State determines that to do so is important to the national security interest of the United States and the Secretary submits a report to the Committees on Appropriations, in classified form if necessary, on the justification for the waiver and the reasons why any part of the certification requirement of paragraph (1) has not been met.

(3)

Assistance—

(A)

Funds appropriated by this Act under the heading “Foreign Military Financing Program” for assistance for Pakistan may be made available only to support counterterrorism and counterinsurgency capabilities in Pakistan, and are subject to section 620M of the Foreign Assistance Act of 1961.

(B)

Funds appropriated by this Act under the headings “Economic Support Fund” and “Nonproliferation, Anti-terrorism, Demining and Related Programs” that are available for assistance for Pakistan shall be made available to interdict precursor materials from Pakistan to Afghanistan that are used to manufacture IEDs, including calcium ammonium nitrate; to support programs to train border and customs officials in Pakistan and Afghanistan; and for agricultural extension programs that encourage alternative fertilizer use among Pakistani farmers.

(C)

Funds appropriated by this Act under the heading “Economic Support Fund” that are made available for assistance for infrastructure projects in Pakistan shall be implemented in a manner consistent with section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).

(D)

Funds appropriated by this Act under titles III and IV for assistance for Pakistan may be made available notwithstanding any other provision of law, except for this subsection.

(E)

Of the funds appropriated under titles III and IV of this Act that are made available for assistance for Pakistan, $33,000,000 shall be withheld from obligation until the Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from prison and cleared of all charges relating to the assistance provided to the United States in locating Osama bin Laden.

(4)

Scholarships for women—

(A)

Funds appropriated by this Act under the heading “Economic Support Fund” that are made available for assistance for Pakistan shall be made available to increase the number of scholarships for women under the Merit and Needs-Based Scholarship Program during fiscal year 2015.

(B)

The additional scholarships available pursuant to this subsection shall be awarded in accordance with other scholarship eligibility criteria already established by USAID.

(C)

Additional scholarships funded pursuant to this subsection shall be awarded for a range of disciplines to improve the employability of graduates and to meet the needs of scholarship recipients.

(D)

Not less than 50 percent of the scholarships available under such Program should be awarded to Pakistani women.

(5)

Reports—

(A)

(i)

The spend plan required by section 7076 of this Act for assistance for Pakistan shall include achievable and sustainable goals, benchmarks for measuring progress, and expected results regarding combating poverty and furthering development in Pakistan, countering extremism, and establishing conditions conducive to the rule of law and transparent and accountable governance: Provided, That such benchmarks may incorporate those required in title III of Public Law 111–73, as appropriate: Provided further, That not later than 6 months after submission of such spend plan, and each 6 months thereafter until September 30, 2016, the Secretary of State shall submit a report to the Committees on Appropriations on the status of achieving the goals and benchmarks in such plan.

(ii)

The Secretary of State should suspend assistance for the Government of Pakistan if any report required by paragraph (A)(i) indicates that Pakistan is failing to make measurable progress in meeting such goals or benchmarks.

(B)

Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the costs and objectives associated with significant infrastructure projects supported by the United States in Pakistan, and an assessment of the extent to which such projects achieve such objectives.

(e)

Sri Lanka—

(1)

None of the funds appropriated by this Act under the heading “Foreign Military Financing Program” may be made available for assistance for Sri Lanka, no defense export license may be issued, and no military equipment or technology shall be sold or transferred to Sri Lanka pursuant to the authorities contained in this Act or any other Act, unless the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Sri Lanka is meeting the conditions under this subsection in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(2)

Paragraph (1) shall not apply to assistance for humanitarian demining, disaster relief, and aerial and maritime surveillance.

(3)

If the Secretary makes the certification required in paragraph (1), funds appropriated under the heading “Foreign Military Financing Program” that are made available for assistance for Sri Lanka should be used to support the recruitment of Tamils into the Sri Lankan military in an inclusive and transparent manner, Tamil language training for Sinhalese military personnel, and human rights training for all military personnel.

(4)

Funds appropriated under the heading “International Military Education and Training” (IMET) in this Act that are available for assistance for Sri Lanka, may be made available only for training related to international peacekeeping operations and expanded IMET: Provided, That the limitation in this paragraph shall not apply to maritime security.

(5)

The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to vote against any loan, agreement, or other financial support for Sri Lanka except to meet basic human needs, unless the Secretary of State makes the certification to the Committees on Appropriations required in paragraph (1).

(f)

Regional programs—

(1)

Funds appropriated by this Act under the heading “Economic Support Fund” for assistance for Afghanistan and Pakistan may be provided, notwithstanding any other provision of law that restricts assistance to foreign countries, for cross border stabilization and development programs between Afghanistan and Pakistan, or between either country and the Central Asian countries.

(2)

Funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement” that are available for assistance for countries in South and Central Asia should be made available to enhance the recruitment, retention, and professionalism of women in police and other security forces.

Sec. 7045

(a)

Central american migration prevention and response—

(1)

Strategy— Not later than 90 days after enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development (USAID), and after consultation with the heads of other relevant Federal agencies and the Committees on Appropriations, shall submit to such Committees a strategy to address the key factors in the countries in Central America contributing to the migration of unaccompanied, undocumented minors to the United States: Provided, That such strategy shall include a clear mission statement, achievable goals and objectives, benchmarks, timelines, and a spend plan: Provided further, That 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 shall be made available to implement such strategy, subject to the regular notification procedures of the Committees on Appropriations.

(2)

Border security— The strategy required by paragraph (1) shall address the need for greater border security for the countries in Central America and for Mexico, particularly the southern border of Mexico: Provided, That funds shall be made available by this Act to assist such countries to improve border security.

(3)

Economic and social development— The strategy required by paragraph (1) shall include economic and social development programs, with a focus on communities that are major contributors of unaccompanied migrants and where there is significant gang activity.

(4)

Judicial and law enforcement reform— The strategy required by paragraph (1) shall include judicial and police reform and capacity building programs, with a focus on strengthening judicial independence and community policing.

(5)

Trafficking in persons— The strategy required by paragraph (1) shall include activities to combat human trafficking in Central America, including through the use of forensic technology: Provided, That funds in this Act shall be made available to support a multi-faceted approach to combat human trafficking in Guatemala.

(6)

Repatriation and reintegration— The strategy required by paragraph (1) shall address the need for the safe repatriation and reintegration of minors into families or family-like settings: Provided, That funds shall be made available to support repatriation facilities for the processing of undocumented migrants returning from the United States.

(7)

Not later than 60 days after submission of the strategy required by paragraph (1), and every 120 days thereafter until September 30, 2016, the Secretary of State, in consultation with the USAID Administrator, shall submit a report to the Committees on Appropriations on progress toward achieving the goals and objectives contained in such strategy and an updated spend plan, as appropriate: Provided, That such report shall specify the amount of funds obligated and expended pursuant to this section by country and the steps taken by the government of each country to—

(A)

improve border security;

(B)

enforce laws and policies to reduce the flow of illegal migrants to the United States, including to increase penalties for human smuggling;

(C)

conduct public outreach campaigns to explain the dangers of the journey to the southwest border of the United States, and to inform potential migrants of relevant United States immigration laws; and

(D)

cooperate with United States Federal agencies to facilitate and expedite the return, repatriation, and reintegration of illegal migrants arriving at the southwest border of the United States.

(8)

Suspension of assistance— The Secretary of State shall suspend further obligation of funds provided pursuant to this subsection for assistance for the government of a country if the Secretary determines and reports to the appropriate congressional committees that such government is not taking the steps specified in subparagraphs (A) through (D) of paragraph (7).

(b)

Colombia—

(1)

Funds appropriated by this Act and made available to the Department of State for assistance for the Government of Colombia may be used to support a unified campaign against narcotics trafficking, organizations designated as Foreign Terrorist Organizations, and other criminal or illegal armed groups, and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations: Provided, That the first through fifth provisos of paragraph (1), and paragraph (3) of section 7045(a) of division I of Public Law 112–74 shall continue in effect during fiscal year 2015 and shall apply to funds appropriated by this Act and made available for assistance for Colombia as if included in this Act: Provided further, That 10 percent of the funds appropriated by this Act for the Colombian national police for aerial drug eradication programs may not be used for the aerial spraying of chemical herbicides unless the Secretary of State certifies to the Committees on Appropriations that the herbicides do not pose unreasonable risks or adverse effects to humans, including pregnant women and children, or the environment, including endemic species: Provided further, That any complaints of harm to health or licit crops caused by such aerial spraying shall be thoroughly investigated and evaluated, and fair compensation paid in a timely manner for meritorious claims: Provided further, That of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $133,000,000 shall be apportioned directly to USAID for alternative development/institution building, local governance programs, and support for victims of the violence in Colombia.

(2)

Limitation— Of the funds appropriated by this Act under the heading “Foreign Military Financing Program” that are available for assistance for Colombia, 25 percent may be obligated only in accordance with the conditions under section 7045 in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(c)

Cuba— Funds appropriated by this Act under the heading “Economic Support Fund” should be made available for programs in Cuba.

(d)

Guatemala— Funds appropriated by this Act may be made available for assistance for the Guatemalan army only in accordance with the conditions under section 7045 in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(e)

Haiti—

(1)

None of the funds appropriated by this Act may be made available for assistance for the central Government of Haiti until the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Haiti—

(A)

is taking steps to hold free and fair parliamentary elections and to seat a new Haitian Parliament;

(B)

is selecting judges in a transparent manner and respecting the independence of the judiciary;

(C)

is combating corruption, including implementing the anti-corruption law by prosecuting corrupt officials; and

(D)

is improving governance and implementing financial transparency and accountability requirements for government institutions.

(2)

The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard.

(f)

Honduras—

(1)

Of the funds appropriated by this Act under the headings “International Narcotics Control and Law Enforcement” and “Foreign Military Financing Program” that are available for assistance for the Honduran army and police, 25 percent may be obligated only in accordance with the conditions under section 7045 in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(2)

The restriction in paragraph (1) shall not apply to assistance to promote transparency, anti-corruption, border and maritime security, respect for the rule of law within the army and police, and to combat human trafficking.

(g)

Mexico—

(1)

Prior to the obligation of 15 percent of the funds appropriated by this Act under the headings “International Narcotics Control and Law Enforcement” and “Foreign Military Financing Program” that are available for assistance for the Mexican army and police, the Secretary of State shall report in writing to the Committees on Appropriations that the Government of Mexico is meeting the conditions under section 7045 in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(2)

The restriction in paragraph (1) shall not apply to assistance to promote transparency, anti-corruption, border and maritime security, and respect for the rule of law within the army and police.

(3)

Not later than 45 days after the enactment of this Act, the Secretary of State, in consultation with the Commissioner for the United States Section of the International Boundary and Water Commission (IBWC), shall report to the Committees on Appropriations on the efforts to work with the Mexico Section of the IBWC and the Government of Mexico to establish mechanisms to improve the transparency of data on, and predictability of, the water deliveries from Mexico to the United States to meet annual water apportionments to the Rio Grande, in accordance with the 1944 Treaty between the United States and Mexico Respecting Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, and on actions taken to minimize or eliminate the water deficits owed to the United States in the current 5-year cycle by the end of such cycle: Provided, That such report shall include a projection of the balance of the water delivery deficit at the end of the current 5-year cycle, as well as the estimated impact to the United States of a negative delivery balance.

(h)

Aircraft operations and maintenance— To the maximum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act should be borne by the recipient country.

(i)

Trade Capacity— Funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund” should be made available for labor and environmental capacity building activities relating to free trade agreements with countries of Central America, Colombia, Peru, and the Dominican Republic.

Sec. 7046

None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations.

Sec. 7047

If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations Security Council or such other tribunals or commissions as the Council may establish or authorize to deal with such violations, without regard to the ceiling limitation contained in paragraph (2) thereof: Provided, That the determination required under this section shall be in lieu of any determinations otherwise required under section 552(c): Provided further, That funds made available pursuant to this section shall be made available subject to the regular notification procedures of the Committees on Appropriations.

Sec. 7048

(a)

Transparency and accountability— Of the funds appropriated under title I and under the heading “International Organizations and Programs” in title V of this Act that are available for contributions to the United Nations (including the Department of Peacekeeping Operations), any United Nations agency, or the Organization of American States, 15 percent may not be obligated for such organization, department, or agency until the Secretary of State reports to the Committees on Appropriations that the organization, department, or agency is—

(1)

posting on a publicly available Web site, consistent with privacy regulations and due process, regular financial and programmatic audits of such organization, department, or agency, and providing the United States Government with necessary access to such financial and performance audits; and

(2)

effectively implementing and enforcing policies and procedures which reflect best practices as defined in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) for the protection of whistleblowers from retaliation, including best practices for—

(A)

protection against retaliation for internal and lawful public disclosures;

(B)

legal burdens of proof;

(C)

statutes of limitation for reporting retaliation;

(D)

access to independent adjudicative bodies, including external arbitration; and

(E)

results that eliminate the effects of proven retaliation.

(b)

Restrictions on United Nations Delegations and Organizations—

(1)

None of the funds made available under title I of this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such agency, body, or commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. App. 2405(j)(1)), supports international terrorism.

(2)

None of the funds made available under title I of this Act may be used by the Secretary of State as a contribution to any organization, agency, commission, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, section 6(j)(1) of the Export Administration Act of 1979, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism.

(3)

The Secretary of State may waive the restriction in this subsection if the Secretary reports to the Committees on Appropriations that to do so is in the national interest of the United States.

(c)

United nations human rights council— Funds appropriated by this Act may be made available to support the United Nations Human Rights Council only if the Secretary of State reports to the Committees on Appropriations that participation in the Council is in the national interest of the United States: Provided, That the Secretary of State shall report to the Committees on Appropriations not later than September 30, 2015, on the resolutions considered in the United Nations Human Rights Council during the previous 12 months, and on steps taken to remove Israel as a permanent agenda item.

(d)

United Nations Relief and Works Agency— The Secretary of State shall submit a report in writing to the Committees on Appropriations not less than 45 days after enactment of this Act on whether the United Nations Relief and Works Agency is—

(1)

utilizing Operations Support Officers in the West Bank, Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use;

(2)

acting promptly to address any staff or beneficiary violation of its own policies (including the policies on neutrality and impartiality of employees) and the legal requirements under section 301(c) of the Foreign Assistance Act of 1961;

(3)

implementing procedures to maintain the neutrality of its facilities, including implementing a no-weapons policy, and conducting regular inspections of its installations, to ensure they are only used for humanitarian or other appropriate purposes;

(4)

taking necessary and appropriate measures to ensure it is operating in compliance with the conditions of section 301(c) of the Foreign Assistance Act of 1961 and continuing regular reporting to the Department of State on actions it has taken to ensure conformance with such conditions;

(5)

taking steps to ensure the content of all educational materials currently taught in UNRWA-administered schools and summer camps is consistent with the values of human rights, dignity, and tolerance and does not induce incitement;

(6)

not engaging in operations with financial institutions or related entities in violation of relevant United States law, and is taking steps to improve the financial transparency of the organization; and

(7)

in compliance with the United Nations Board of Auditors’ biennial audit requirements and is implementing in a timely fashion the Board’s recommendations.

(e)

United Nations Capital Master Plan— None of the funds made available in this Act may be used for the design, renovation, or construction of the United Nations Headquarters in New York.

(f)

Waiver— The restrictions imposed by or pursuant to subsection (a) may be waived on a case-by-case basis by the Secretary of State if the Secretary determines and reports to the Committees on Appropriations that such waiver is necessary to avert or respond to a humanitarian crisis.

(g)

Report— Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2015 for contributions to any organization, department, agency, or program within the United Nations system or any international program that are withheld from obligation or expenditure due to any provision of law: Provided, That the Secretary of State shall update such report each time additional funds are withheld by operation of any provision of law: Provided further, That the reprogramming of any withheld funds identified in such report, including updates thereof, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

Sec. 7049

(a)

Authority— Funds made available by titles III and IV of this Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve.

(b)

Notification— Assistance provided under subsection (a) shall be subject to the regular notification procedures of the Committees on Appropriations.

Sec. 7050

None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.

Sec. 7051

None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of agencies or departments of the United States Government who are stationed in the United States, at any single international conference occurring outside the United States, unless the Secretary of State reports to the Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided, That for purposes of this section the term international conference shall mean a conference attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations.

Sec. 7052

(a)

Transfer Authority— Notwithstanding any other provision of law or regulation, aircraft procured with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings “Diplomatic and Consular Programs”, “International Narcotics Control and Law Enforcement”, “Andean Counterdrug Initiative”, and “Andean Counterdrug Programs” may be used for any other program and in any region, including for the transportation of active and standby Civilian Response Corps personnel and equipment during a deployment: Provided, That the responsibility for policy decisions and justification for the use of such transfer authority shall be the responsibility of the Secretary of State and the Deputy Secretary of State and this responsibility shall not be delegated.

(b)

Property Disposal— The authority provided in subsection (a) shall apply only after the Secretary of State determines and reports to the Committees on Appropriations that the equipment is no longer required to meet programmatic purposes in the designated country or region: Provided, That any such transfer shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

(c)

Aircraft Coordination—

(1)

The uses of aircraft purchased or leased by the Department of State and the United States Agency for International Development (USAID) with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission: Provided, That such aircraft may be used to transport, on a reimbursable or non-reimbursable basis, Federal and non-Federal personnel supporting Department of State and USAID programs and activities: Provided further, That official travel for other agencies for other purposes may be supported on a reimbursable basis, or without reimbursement when traveling on a space available basis: Provided further, That funds received by the Department of State for the use of aircraft owned, leased, or chartered by the Department of State may be credited to the Department's Working Capital Fund and shall be available for expenses related to the purchase, lease, maintenance, chartering, or operation of such aircraft.

(2)

The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of which is the transportation of personnel.

Sec. 7053

The terms and conditions of section 7055 of division F of Public Law 111–117 shall apply to this Act: Provided, That the date “September 30, 2009” in subsection (f)(2)(B) shall be deemed to be “September 30, 2014”.

Sec. 7054

(a)

Landmines— Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the Secretary of State may prescribe.

(b)

Cluster Munitions— No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless—

(1)

the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments, and the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; or

(2)

such assistance, license, sale, or transfer is for the purpose of demilitarizing or permanently disposing of such cluster munitions.

Sec. 7055

No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before the date of the enactment of this Act by the Congress: Provided, That not to exceed $25,000 may be made available to carry out the provisions of section 316 of Public Law 96–533.

Sec. 7056

Of the funds appropriated or made available pursuant to title II of this Act, not to exceed $100,500 shall be for official residence expenses of the United States Agency for International Development during the current fiscal year.

Sec. 7057

(a)

Authority— Up to $93,000,000 of the funds made available in title III of this Act pursuant to or to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used by the United States Agency for International Development (USAID) to hire and employ individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service Act of 1980.

(b)

Restrictions—

(1)

The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175.

(2)

The authority to hire individuals contained in subsection (a) shall expire on September 30, 2016.

(c)

Conditions— The authority of subsection (a) should only be used to the extent that an equivalent number of positions that are filled by personal services contractors or other non-direct hire employees of USAID, who are compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 1961, are eliminated.

(d)

Program Account Charged— The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which such individual's responsibilities primarily relate: Provided, That funds made available to carry out this section may be transferred to, and merged with, funds appropriated by this Act in title II under the heading “Operating Expenses”.

(e)

Foreign Service Limited Extensions— Individuals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of section 309 of the Foreign Service Act of 1980, may be extended for a period of up to 4 years notwithstanding the limitation set forth in such section.

(f)

Disaster Surge Capacity— Funds appropriated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961 may be used, in addition to funds otherwise available for such purposes, for the cost (including the support costs) of individuals detailed to or employed by USAID whose primary responsibility is to carry out programs in response to natural disasters, or man-made disasters subject to the regular notification procedures of the Committees on Appropriations.

(g)

Personal Services Contractors— Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Food for Peace Act (Public Law 83–480), may be used by USAID to employ up to 40 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided, That not more than 15 of such contractors shall be assigned to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Food for Peace Act (Public Law 83–480), may be made available only for personal services contractors assigned to the Office of Food for Peace.

(h)

Small Business— In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business.

(i)

Senior Foreign Service Limited Appointments— Individuals hired pursuant to the authority provided by section 7059(o) of division F of Public Law 111–117 may be assigned to or support programs in Afghanistan or Pakistan with funds made available in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs.

(j)

Local sustainable development— Not later than 180 days after enactment of this Act and after consultation with the appropriate congressional committees, the USAID Administrator shall submit to such committees a plan, including a timeline and resources required by fiscal year, to incorporate the following components into USAID Foreign Service training, assignment, and promotion practices in order to enable all Foreign Service Officers to effectively apply local sustainable development principles to USAID assistance programs:

(1)

a time period for overseas assignments that facilitates sustainable development, and which includes the option of extending such assignments;

(2)

sufficient foreign language training;

(3)

expertise in one or more program areas;

(4)

work objectives that give Foreign Service Officers primary responsibility for developing relationships with, and building the capacity of, local nongovernmental and governmental entities, and supporting grants to and cooperative agreements with such entities to design and implement small-scale, sustainable programs, projects, and activities across all development sectors;

(5)

incentives, including training, compensation, and career development opportunities including promotions, to encourage such officers to carry out their responsibilities; and

(6)

procedures to ensure that the responsibilities and assignments of relevant locally employed staff are fully integrated with the work of such officers.

Sec. 7058

(a)

In general— Funds appropriated by titles III and IV of this Act that are made available for bilateral assistance for child survival activities or disease programs including activities relating to research on, and the prevention, treatment and control of, HIV/AIDS may be made available notwithstanding any other provision of law except for provisions under the heading “Global Health Programs” and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided, That of the funds appropriated under title III of this Act, not less than $575,000,000 should be made available for family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species.

(b)

Global Fund—

(1)

Of the funds appropriated by this Act that are available for a contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund), 10 percent should be withheld from obligation until the Secretary of State determines and reports to the Committees on Appropriations that—

(A)

the Global Fund is maintaining and implementing a policy of transparency, including the authority of the Global Fund Office of the Inspector General (OIG) to publish OIG reports on a public Web site;

(B)

the Global Fund is providing sufficient resources to maintain an independent OIG that—

(i)

reports directly to the Board of the Global Fund;

(ii)

maintains a mandate to conduct thorough investigations and programmatic audits, free from undue interference; and

(iii)

compiles regular, publicly published audits and investigations of financial, programmatic, and reporting aspects of the Global Fund, its grantees, recipients, sub-recipients, and Local Fund Agents;

(C)

the Global Fund maintains an effective whistleblower policy to protect whistleblowers from retaliation, including confidential procedures for reporting possible misconduct or irregularities; and

(D)

the Global Fund is implementing the recommendations contained in the Consolidated Transformation Plan approved by the Board of the Global Fund on November 21, 2011.

(2)

The withholding required by this subsection shall not be in addition to funds that are withheld from the Global Fund in fiscal year 2015 pursuant to the application of any other provision contained in this or any other Act.

(c)

Contagious Infectious Disease Outbreaks— If the Secretary of State determines and reports to the Committees on Appropriations that an international infectious disease outbreak is sustained, severe, and is spreading internationally, or that it is in the national interest to respond to a Public Health Emergency of International Concern, funds made available under title III of this Act may be made available to combat such infectious disease or public health emergency: Provided, That funds made available pursuant to the authority of this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

Sec. 7059

(a)

Gender Equality— Funds appropriated by this Act shall be made available to promote gender equality in United States Government diplomatic and development efforts by raising the status, increasing the participation, and protecting the rights of women and girls worldwide.

(b)

Women’s leadership— Of the funds appropriated by title III of this Act, not less than $50,000,000 shall be made available to increase leadership opportunities for women in countries where women and girls suffer discrimination due to law, policy, or practice, by strengthening protections for women’s political status, expanding women’s participation in political parties and elections, and increasing women’s opportunities for leadership positions in the public and private sectors at the local, provincial, and national levels.

(c)

Gender-Based violence—

(1)

(A)

Of the funds appropriated by titles III and IV of this Act, not less than $150,000,000 shall be made available to implement a multi-year strategy to prevent and respond to gender-based violence in countries where it is common in conflict and non-conflict settings.

(B)

Funds appropriated by titles III and IV of this Act that are available to train foreign police, judicial, and military personnel, including for international peacekeeping operations, shall address, where appropriate, prevention and response to gender-based violence and trafficking in persons, and shall promote the integration of women into the police and other security forces.

(2)

Department of State and United States Agency for International Development gender programs shall incorporate coordinated efforts to combat a variety of forms of gender-based violence, including child marriage, rape, female genital cutting and mutilation, and domestic violence, among other forms of gender-based violence in conflict and non-conflict settings.

(d)

Women, Peace, and Security— Funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, and “International Narcotics Control and Law Enforcement” should be made available to support a multi-year strategy to expand, and improve coordination of, United States Government efforts to empower women as equal partners in conflict prevention, peace building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition, and to ensure the equitable provision of relief and recovery assistance to women and girls.

Sec. 7060

(a)

Education—

(1)

Basic education—

(A)

Of the funds appropriated under title III of this Act, not less than $800,000,000 should be made available for assistance for basic education, and such funds may be made available notwithstanding any provision of law that restricts assistance to foreign countries, except for the conditions provided in this subsection: Provided, That not later than 60 days after enactment of this Act, the Administrator of the United States Agency for International Development (USAID) shall report to the Committees on Appropriations on the status of cumulative unobligated balances and obligated, but unexpended, balances in each country where USAID provides basic education assistance and such report shall also include details on the types of contracts and grants provided and the goals and objectives of such assistance: Provided further, That the Administrator shall update such report on a monthly basis thereafter until the unobligated and unexpended balances for such assistance are less than the amount made available by this paragraph for basic education assistance: Provided further, That the initial report shall also include a detailed plan, timeline, and the current status of assistance for basic education.

(B)

USAID shall ensure that programs supported with funds appropriated for basic education in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs are integrated, as appropriate, with health, agriculture, governance, and economic and social development activities to address the broader needs of target populations: Provided, That USAID shall work to achieve quality universal basic education by—

(i)

assisting foreign governments, nongovernmental, and multilateral organizations working in developing countries to provide children with a quality basic education, including through strengthening host country educational systems; and

(ii)

promoting basic education as the foundation for comprehensive community development programs.

(C)

Of the funds appropriated by this Act under title III for basic education, not less than $45,000,000 shall be made available for a contribution to multilateral partnerships that support education.

(2)

Higher education— Of the funds appropriated by title III of this Act, not less than $225,000,000 shall be made available for assistance for higher education, of which not less than $35,000,000 shall be to support such programs in Africa, including $17,500,000 for human and institutional capacity development partnerships between higher education institutions in Africa and the United States.

(3)

Definition— For purposes of funds appropriated under title III of this Act, the term “democracy programs” in section 7032(c) of this Act shall also include programs to rescue scholars, and fellowships, scholarships, and exchanges in the Middle East and North Africa for academic professionals and university students from countries in such region, subject to the regular notification procedures of the Committees on Appropriations.

(b)

Countering violent extremism— Funds appropriated by titles I, III, and IV of this Act may be made available for programs to reduce support for foreign terrorist organizations (FTOs), as designated pursuant to section 219 of the Immigration and Nationality Act, through messaging campaigns to damage their appeal; programs for potential supporters of violent extremism; counter radicalization and rehabilitation programs in prisons; job training and social reintegration for former supporters of FTOs; law enforcement training programs; and capacity building for civil society organizations to combat radicalization in local communities: Provided, That for purposes of this subsection the term “countering violent extremism” shall be defined as non-coercive interventions aimed directly at reducing public support for FTOs: Provided further, That not later than 180 days after enactment of this Act, the Secretary of State, in consultation with the heads of other relevant United States Government agencies, shall submit to the appropriate congressional committees a multi-year strategy to counter violent extremism, including a description of the objectives of such strategy, oversight mechanisms for programs to carry out such strategy, and multi-year cost estimates.

(c)

Environment Programs—

(1)

In general— Of the funds appropriated by this Act, not less than $1,153,500,000 should be made available for environment programs.

(2)

Clean energy— The limitation in section 7081(b) of division F of Public Law 111–117 shall continue in effect during fiscal year 2015 as if part of this Act: Provided, That the proviso contained in such section shall not apply.

(3)

Adaptation and mitigation— Funds appropriated by this Act may be made available for United States contributions to multilateral environmental funds and facilities to support adaptation and mitigation programs only in accordance with the directives under this subsection in the joint explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(4)

Sustainable landscapes and biodiversity— Of the funds appropriated under title III of this Act, not less than $123,500,000 shall be made available for sustainable landscapes programs and, in addition, not less than $250,000,000 shall be made available to protect biodiversity, and shall not be used to support or promote the expansion of industrial scale logging or any other industrial scale extractive activity into areas that were primary/intact tropical forest as of December 30, 2013: Provided, That of the funds made available for the Central African Regional Program for the Environment and other tropical forest programs in the Congo Basin, not less than $17,500,000 shall be apportioned directly to the United States Fish and Wildlife Service (USFWS): Provided further, That funds made available for the Department of the Interior (DOI) for programs in the Mayan Biosphere Reserve shall be apportioned directly to the DOI: Provided further, That such funds shall be made available to support other international conservation programs of the USFWS, programs of the United States Forest Service, and programs to protect great apes and other endangered species.

(5)

Wildlife Poaching and Trafficking—

(A)

Not less than $55,000,000 of the funds appropriated under titles III and IV of this Act shall be made available to combat the transnational threat of wildlife poaching and trafficking, including not less than $10,000,000 for programs to combat rhinoceros poaching.

(B)

None of the funds appropriated under title IV of this Act may be made available for training or other assistance for any military unit or personnel that the Secretary of State determines has been credibly alleged to have participated in wildlife poaching or trafficking, unless the Secretary reports to the Committees on Appropriations that to do so is in the national security interest of the United States.

(6)

Authority— Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law except for the provisions of this subsection and subject to the regular notification procedures of the Committees on Appropriations, to support environment programs.

(7)

Extraction of natural resources—

(A)

Funds appropriated by this Act shall be made available to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative, implementing and enforcing section 8204 of Public Law 110–246 and to prevent the sale of conflict diamonds, and provide technical assistance to promote independent audit mechanisms and support civil society participation in natural resource management.

(B)

(i)

The Secretary of the Treasury shall inform the management of the international financial institutions and post on the Department of the Treasury’s Web site that it is the policy of the United States to vote against any assistance by such institutions (including but not limited to any loan, credit, grant, or guarantee) for the extraction and export of a natural resource if the government of the country has in place laws, regulations, or procedures to prevent or limit the public disclosure of company payments as required by section 1504 of Public Law 111–203, and unless such government has adopted laws, regulations, or procedures in the sector in which assistance is being considered for—

(I)

accurately accounting for and public disclosure of payments to the host government by companies involved in the extraction and export of natural resources;

(II)

the independent auditing of accounts receiving such payments and public disclosure of the findings of such audits; and

(III)

public disclosure of such documents as Host Government Agreements, Concession Agreements, and bidding documents, allowing in any such dissemination or disclosure for the redaction of, or exceptions for, information that is commercially proprietary or that would create competitive disadvantage.

(ii)

The requirements of clause (i) shall not apply to assistance for the purpose of building the capacity of such government to meet the requirements of this subparagraph.

(C)

The Secretary of the Treasury or the Secretary of State, as appropriate, shall instruct the United States executive director of each international financial institution and the United States representatives to all forest-related multilateral financing mechanisms and processes to vote against any financing to support or promote the expansion of industrial scale logging or any other industrial scale extractive activity into areas that were primary/intact tropical forest as of December 30, 2013.

(D)

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution that it is the policy of the United States to vote in relation to any loan, grant, strategy, or policy of such institution to support the construction of any large dam, only in accordance with the conditions under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(E)

(i)

Not later than 120 days after enactment of this Act, the USAID Administrator shall designate sufficient personnel with the technical expertise to fulfill the agency’s responsibilities under sections 1302, 1303, and 1307 of title XIII of the International Financial Institutions Act of 1977, as amended, including the ability for personnel with such expertise from other relevant United States Government agencies to be detailed to USAID, as needed, which may be on a non-reimbursable basis, to provide additional technical support and specific subject matter reviews as part of USAID’s Title XIII analytical, investigative, and reporting responsibilities: Provided, That the responsibilities of such personnel shall include, but not be limited to—

(I)

conducting independent, technical, and thorough reviews of proposed multilateral development bank (MDB) projects at the technical assessment/feasibility stage prior to the drafting of environmental impact assessments;

(II)

conducting reviews, and coordinating and compiling the analyses by other relevant United States Government agencies with technical expertise of environmental impact assessments in support of the project review process, to assist in fulfilling USAID’s responsibilities under section 1303(c) of the International Financial Institutions Act, as amended; and

(III)

ongoing monitoring of MDB projects reviewed pursuant to USAID’s Title XIII reporting responsibilities to determine the degree of incorporation and effectiveness of United States Government recommendations and the adequacy of safeguard policies.

(ii)

Not later than 45 days after enactment of this Act, the USAID Administrator shall consult with the Committees on Appropriations on the implementation of this subsection.

(8)

Transfer of funds— Not later than 120 days after enactment of this Act, the Secretary of State, after consultation with the Secretary of the Treasury, shall transfer $29,907,000 of funds appropriated under the heading “Economic Support Fund” to funds appropriated by this Act under the headings “Multilateral Assistance, International Financial Institutions” for additional payments to trust funds enumerated under such headings: Provided, That prior to exercising such transfer authority the Secretary of State shall consult with the Committees on Appropriations.

(9)

Continuation of prior law— Section 7081(g)(2) and (4) of division F of Public Law 111–117 shall continue in effect during fiscal year 2015 as if part of this Act.

(d)

Food security and agricultural development—

(1)

Of the funds appropriated by title III of this Act, not less than $1,000,600,000 should be made available for food security and agricultural development programs, of which $32,000,000 shall be made available for the Feed the Future Collaborative Research Innovation Lab: Provided, That such funds may be made available notwithstanding any other provision of law to address food shortages, and for a United States contribution to the endowment of the Global Crop Diversity Trust.

(2)

Funds appropriated under title III of this Act may be made available as a contribution to the Global Agriculture and Food Security Program if such contribution will not cause the United States to exceed 33 percent of the total amount of funds contributed to such Program.

(e)

Microenterprise and microfinance— Of the funds appropriated by this Act, not less than $265,000,000 should be made available for microenterprise and microfinance development programs for the poor, especially women.

(f)

Reconciliation programs— Of the funds appropriated by this Act under the headings “Economic Support Fund” and “Development Assistance”, not less than $26,000,000 shall be made available to support people-to-people reconciliation programs which bring together individuals of different ethnic, religious, and political backgrounds from areas of civil strife and war: Provided, That the USAID Administrator shall consult with the Committees on Appropriations, prior to the initial obligation of funds, on the uses of such funds: Provided further, That to the maximum extent practicable, such funds shall be matched by sources other than the United States Government.

(g)

Trafficking in persons— Of the funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, and “International Narcotics Control and Law Enforcement”, not less than $52,500,000 shall be made available for activities to combat trafficking in persons internationally.

(h)

Water and sanitation— Of the funds appropriated by this Act, not less than $382,500,000 shall be made available for water and sanitation supply projects pursuant to the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109–121), of which not less than $145,000,000 should be for programs in sub-Saharan Africa, and of which not less than $12,500,000 shall be made available for programs to design and build safe, public latrines in Africa and Asia.

(i)

Notification requirements— Authorized deviations from funding levels contained in this section shall be subject to the regular notification procedures of the Committees on Appropriations.

Sec. 7061

The terms and conditions of section 7076 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8) shall apply to funds appropriated by this Act, except that the Secretary of State may waive the application of section 7076(a) for a period of not more than 6 months and every 6 months thereafter until September 30, 2016, if the Secretary certifies to the Committees on Appropriations that the waiver is in the national security interest and necessary to obtain access to and from Afghanistan for the United States, and the waiver includes an assessment of progress, if any, by the Government of Uzbekistan in meeting the requirements in section 7076(a): Provided, That the Secretary of State, in consultation with the Secretary of Defense, shall submit a report to the Committees on Appropriations not later than 12 months after enactment of this Act and 6 months thereafter, on all United States Government assistance provided to the Government of Uzbekistan and expenditures made in support of the Northern Distribution Network in Uzbekistan during the previous 12 months, including any credible information that such assistance or expenditures are being diverted for corrupt purposes: Provided further, That information provided in the assessment and report required by the previous provisos shall be unclassified but may be accompanied by a classified annex and such annex shall indicate the basis for such classification: Provided further, That for purposes of the application of section 7076(e) to this Act, the term “assistance” shall not include expanded international military education and training.

Sec. 7062

None of the funds appropriated by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty.

Sec. 7063

(a)

Contribution— Of the funds made available under the heading “International Organizations and Programs” in this Act for fiscal year 2015, $35,000,000 shall be made available for the United Nations Population Fund (UNFPA).

(b)

Availability of funds— Funds appropriated by this Act for UNFPA, that are not made available for UNFPA because of the operation of any provision of law, shall be transferred to the “Global Health Programs” account and shall be made available for family planning, maternal, and reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations.

(c)

Prohibition on use of funds in china— None of the funds made available by this Act may be used by UNFPA for a country program in the People’s Republic of China.

(d)

Conditions on availability of funds— Funds made available by this Act for UNFPA may not be made available unless—

(1)

UNFPA maintains funds made available by this Act in an account separate from other accounts of UNFPA and does not commingle such funds with other sums; and

(2)

UNFPA does not fund abortions.

(e)

Report to congress and dollar-for-Dollar withholding of funds—

(1)

Not later than 4 months after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations indicating the amount of funds that UNFPA is budgeting for the year in which the report is submitted for a country program in the People’s Republic of China.

(2)

If a report under paragraph (1) indicates that UNFPA plans to spend funds for a country program in the People’s Republic of China in the year covered by the report, then the amount of such funds UNFPA plans to spend in the People’s Republic of China shall be deducted from the funds made available to UNFPA after March 1 for obligation for the remainder of the fiscal year in which the report is submitted.

Sec. 7064

None of the funds appropriated or made available pursuant to titles III through VI of this Act shall be available to a nongovernmental organization, including any contractor, which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the United States Agency for International Development.

Sec. 7065

Funds appropriated under the headings “Development Assistance”, “Economic Support Fund”, and “International Narcotics Control and Law Enforcement” in this Act shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961, for assistance to eliminate inhumane conditions in foreign prisons and other detention facilities: Provided, That decisions regarding the uses of such funds shall be the responsibility of the Assistant Secretary of State for Democracy, Human Rights, and Labor (DRL), in consultation with the Assistant Secretary of State for International Narcotics Control and Law Enforcement Affairs, and the Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development, as appropriate: Provided further, That the Assistant Secretary of State for DRL shall consult with the Committees on Appropriations prior to the obligation of funds.

Sec. 7066

(a)

None of the funds made available in this Act may be used to support or justify the use of torture, cruel, or inhumane treatment by any official or contract employee of the United States Government.

(b)

Funds appropriated under titles III and IV of this Act shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961 and following consultation with the Committees on Appropriations, for assistance to eliminate torture by foreign police, military or other security forces in countries receiving assistance from funds appropriated by this Act.

Sec. 7067

(a)

None of the funds appropriated in this Act may be used to provide assistance (other than funds provided under the headings “International Disaster Assistance”, “Complex Crises Fund”, “International Narcotics Control and Law Enforcement”, “Migration and Refugee Assistance”, “United States Emergency Refugee and Migration Assistance Fund”, and “Nonproliferation, Anti-terrorism, Demining and Related Assistance”) for the central government of a country which has notified the Department of State of its refusal to extradite to the United States any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer, as specified in a United States extradition request.

(b)

Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has an extradition treaty and the government of that country is in violation of the terms and conditions of the treaty.

(c)

The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to the Committees on Appropriations that such waiver is important to the national interests of the United States.

Sec. 7068

Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act may be used to provide financing to Israel, Egypt, and the North Atlantic Treaty Organization (NATO), and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under such Act.

Sec. 7069

(a)

None of the funds appropriated by this Act may be made available for assistance for a government of an Independent State of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act: Provided, That except as otherwise provided in section 7070(a) of this Act, funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the United States: Provided further, That prior to executing the authority contained in this subsection the Department of State shall consult with the Committees on Appropriations on how such assistance supports the national interest of the United States.

(b)

Funds appropriated by this Act under the heading “Economic Support Fund” may be made available, notwithstanding any other provision of law, except for the limitation contained in section 7070(a) of this Act, for assistance and related programs for the countries identified in section 3(c) of the Support for Eastern European Democracy (SEED) Act of 1989 (Public Law 101–179) and section 3 of the FREEDOM Support Act (Public Law 102–511) and may be used to carry out the provisions of those Acts: Provided, That such assistance and related programs from funds appropriated by this Act under the headings “Global Health Programs”, “Economic Support Fund”, and “International Narcotics Control and Law Enforcement” shall be administered in accordance with the responsibilities of the coordinator designated pursuant to section 601 of the Support for Eastern European Democracy (SEED) Act of 1989 (Public Law 101–179) and section 102 of the FREEDOM Support Act (Public Law 102–511).

(c)

Section 907 of the FREEDOM Support Act shall not apply to—

(1)

activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1424 of Public Law 104–201 or non-proliferation assistance;

(2)

any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421);

(3)

any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity;

(4)

any insurance, reinsurance, guarantee, or other assistance provided by the Overseas Private Investment Corporation under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);

(5)

any financing provided under the Export-Import Bank Act of 1945; or

(6)

humanitarian assistance.

Sec. 7070

(a)

None of the funds appropriated by this Act may be made available for assistance for the central Government of the Russian Federation.

(b)

(1)

None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea: Provided, That except as otherwise provided in subsection (a), the Secretary may waive the restriction on assistance required by this paragraph if the Secretary certifies to such Committees that to do so is in the national interest of the United States, and includes a justification for such interest.

(2)

None of the funds appropriated by this Act may be made available for—

(A)

the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea;

(B)

the facilitation, financing, or guarantee of United States Government investments in Crimea, if such activity includes the participation of Russian Government officials, and Russian owned and controlled banks, or other Russian Government owned and controlled financial entities; or

(C)

assistance for Crimea, if such assistance includes the participation of Russian Government officials, and Russian owned and controlled banks, and other Russian Government owned and controlled financial entities.

(3)

The Secretary of the Treasury shall instruct the United States executive directors of each international financial institution to vote against any assistance by such institution (including but not limited to any loan, credit, or guarantee) for any program that violates the sovereignty or territorial integrity of Ukraine.

(4)

The requirements of subsection (b) shall cease to be in effect if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Ukraine has reestablished sovereignty over Crimea.

(c)

Funds appropriated by this Act under the heading “Economic Support Fund” in title III to counter Russian aggression and influence in Central and Eastern Europe and Central Asia may be transferred to, and merged with, funds appropriated under the headings “International Narcotics Control and Law Enforcement” and “Foreign Military Financing Program” in title IV: Provided, That such transfer authority is in addition to transfer authority otherwise available under any other provision of law: Provided further, That such transfer authority shall be subject to the regular notification procedures of the Committees on Appropriations.

(d)

Funds appropriated by this Act for assistance for the Eastern Partnership countries shall be made available to advance the implementation of Association Agreements, trade agreements, and visa liberalization agreements with the European Union, and to reduce their vulnerability to external economic and political pressure from the Russian Federation.

(e)

Funds appropriated by this Act shall be made available to support the advancement of democracy and the rule of law in the Russian Federation, including to promote Internet freedom, and shall also be made available to support the democracy and rule of law strategy required by section 7071(d) of division K of Public Law 113–76.

(f)

Not later than 45 days after enactment of this Act, the Secretary of State shall update the reports required by section 7071(b)(2), (c), and (e) of division K of Public Law 113–76.

Sec. 7071

(a)

The terms and conditions of sections 7086(b) (1) and (2) and 7090(a) of division F of Public Law 111–117 shall apply to this Act.

(b)

The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (IMF) to seek to ensure that any loan will be repaid to the IMF before other private creditors.

(c)

The Secretary of the Treasury shall seek to require that the IMF implements and enforces policies and procedures which reflect best practices as defined in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) for the protection of whistleblowers from retaliation, including best practices for—

(1)

protection against retaliation for internal and lawful public disclosures;

(2)

legal burdens of proof;

(3)

statutes of limitation for reporting retaliation;

(4)

access to independent adjudicative bodies, including external arbitration; and

(5)

results that eliminate the effects of proven retaliation.

Sec. 7072

(a)

Any agency receiving funds made available by this Act shall, subject to subsections (b) and (c), 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.

(b)

Subsection (a) shall not apply to a report if—

(1)

the public posting of such report would compromise national security, including the conduct of diplomacy; or

(2)

the report contains proprietary, privileged, or sensitive information.

(c)

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.

Sec. 7073

(a)

Whenever the President determines that it is in furtherance of the purposes of the Foreign Assistance Act of 1961, up to a total of $20,000,000 of the funds appropriated under title III of this Act may be transferred to, and merged with, funds appropriated by this Act for the Overseas Private Investment Corporation Program Account, to be subject to the terms and conditions of that account: Provided, That such funds shall not be available for administrative expenses of the Overseas Private Investment Corporation: Provided further, That designated funding levels in this Act shall not be transferred pursuant to this section: Provided further, That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations.

(b)

Notwithstanding section 235(a)(2) of the Foreign Assistance Act of 1961, the authority of subsections (a) through (c) of section 234 of such Act shall remain in effect until September 30, 2015.

Sec. 7074

Not to exceed $100,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act for the purposes of the Special Defense Acquisition Fund (Fund), to remain available for obligation until September 30, 2017: Provided, That the provision of defense articles and defense services to foreign countries or international organizations from the Fund shall be subject to the concurrence of the Secretary of State.

Sec. 7075

(a)

None of the funds made available under titles III through VI of this Act may be made available for Enterprise Funds unless the appropriate congressional committees are notified at least 15 days in advance.

(b)

Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the appropriate congressional committees a plan for the distribution of the assets of the Enterprise Fund.

(c)

Prior to a transition to and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall submit such transition or operating plan to the appropriate congressional committees.

Sec. 7076

(a)

Operating Plans— Not later than 45 days after the date of enactment of this Act, each department, agency, or organization funded in titles I, II, and VI of this Act, and the Department of the Treasury and Independent Agencies funded in title III of this Act, including the Inter-American Foundation and the United States African Development Foundation, shall submit to the Committees on Appropriations an operating plan for funds appropriated to such department, agency, or organization in such titles of this Act, or funds otherwise available for obligation in fiscal year 2015, that provides details of the uses of such funds at the program, project, and activity level: Provided, That such plans shall include, as applicable, a comparison between the most recent congressional directives or approved funding levels and the funding levels proposed by the department or agency; and a clear, concise, and informative description/justification: Provided further, That operating plans for funds for such department, agency, or organization in titles I, II, or III and title VIII, shall simultaneously submit the operating plans for, and integrated information on, enduring and Overseas Contingency Operations funds: Provided further, That operating plans that include changes in levels of funding specified in this Act or in the joint explanatory statement described in section 4 (in the matter preceding division A of this Consolidated Act) shall be subject to the regular notification procedures of the Committees on Appropriations.

(b)

Spend Plans—

(1)

Prior to the initial obligation of funds, the Secretary of State shall submit to the Committees on Appropriations a detailed spend plan for funds made available by this Act, for—

(A)

assistance for Afghanistan, Colombia, Egypt, Haiti, Iraq, Lebanon, Libya, Mexico, Pakistan, the West Bank and Gaza, and Yemen;

(B)

the Caribbean Basin Security Initiative, the Central American Regional Security Initiative, the Trans-Sahara Counterterrorism Partnership program, and the Partnership for Regional East Africa Counterterrorism program; and

(C)

democracy programs and each sector enumerated in section 7060 of this Act.

(2)

Not later than 45 days after enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Appropriations a detailed spend plan for funds made available by this Act under the headings “Department of the Treasury” in title III and “International Financial Institutions” in title V.

(c)

Spending Report— Not later than 45 days after enactment of this Act, the USAID Administrator shall submit to the Committees on Appropriations a detailed report on spending of funds made available during fiscal year 2014 under the heading “Development Credit Authority”.

(d)

Notifications— The spend plans referenced in subsection (b) shall not be considered as meeting the notification requirements in this Act or under section 634A of the Foreign Assistance Act of 1961.

(e)

Congressional budget justifications—

(1)

The congressional budget justifications for Department of State operations and foreign operations shall be provided to the Committees on Appropriations concurrent with the date of submission of the President’s budget for fiscal year 2016.

(2)

The Secretary of State and the USAID Administrator shall include in the congressional budget justification a detailed justification for multi-year availability for any funds requested under the headings “Diplomatic and Consular Programs” and “Operating Expenses”.

Sec. 7077

If the President makes a determination not to comply with any provision of this Act on constitutional grounds, the head of the relevant Federal agency shall notify the Committees on Appropriations in writing within 5 days of such determination, the basis for such determination and any resulting changes to program and policy.

Sec. 7078

(a)

Of the funds available for obligation during fiscal year 2015 under the headings “International Broadcasting Operations”, “Economic Support Fund”, and “Democracy Fund”, not less than $50,500,000 shall be made available for programs to promote Internet freedom globally: Provided, That such programs shall be prioritized for countries whose governments restrict freedom of expression on the Internet, and that are important to the national interests of the United States: Provided further, That funds made available pursuant to this section shall be matched, to the maximum extent practicable, by sources other than the United States Government, including from the private sector.

(b)

Funds made available pursuant to subsection (a) shall be—

(1)

coordinated with other democracy, governance, and broadcasting programs funded by this Act under the headings “International Broadcasting Operations”, “Economic Support Fund”, “Democracy Fund”, and “Complex Crises Fund”, and shall be incorporated into country assistance, democracy promotion, and broadcasting strategies, as appropriate;

(2)

made available to the Bureau of Democracy, Human Rights, and Labor, Department of State for programs to implement the May 2011, International Strategy for Cyberspace and the comprehensive strategy to promote Internet freedom and access to information in Iran, as required by section 414 of Public Law 112–158;

(3)

made available to the Broadcasting Board of Governors (BBG) to provide tools and techniques to access the Internet Web sites of BBG broadcasters that are censored, and to work with such broadcasters to promote and distribute such tools and techniques, including digital security techniques;

(4)

made available for programs that support the efforts of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats to Internet freedom at international organizations; to combat violence against bloggers and other users; and to enhance digital security training and capacity building for democracy activists; and

(5)

made available for research of key threats to Internet freedom; the continued development of technologies that provide or enhance access to the Internet, including circumvention tools that bypass Internet blocking, filtering, and other censorship techniques used by authoritarian governments; and maintenance of the United States Government’s technological advantage over such censorship techniques: Provided, That the Secretary of State, in consultation with the BBG, shall coordinate any such research and development programs with other relevant United States Government departments and agencies in order to share information, technologies, and best practices, and to assess the effectiveness of such technologies.

(c)

After consultation among the relevant agency heads to coordinate and de-conflict planned activities, but not later than 90 days after enactment of this Act, the Secretary of State and the BBG Chairman shall submit to the Committees on Appropriations spend plans for funds made available by this Act for programs to promote Internet freedom globally, which shall include a description of safeguards established by relevant agencies to ensure that such programs are not used for illicit purposes.

(d)

The Comptroller General of the United States shall conduct an audit of Internet freedom programs supported by funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, and shall consult with the Committees on Appropriations on the scope and requirements of such audit.

Sec. 7079

(a)

Funds appropriated by this Act under the heading “Economic Support Fund” shall be made available for programs and activities administered by the United States Agency for International Development (USAID) to address the needs and protect and promote the rights of people with disabilities in developing countries, including initiatives that focus on independent living, economic self-sufficiency, advocacy, education, employment, transportation, sports, and integration of individuals with disabilities, including for the cost of translation.

(b)

Of the funds made available by this section, 5 percent may be used for USAID for management, oversight, and technical support.

Sec. 7080

(a)

In general— A Small Grants Program (SGP) shall be established within the United States Agency for International Development (USAID) to provide small grants, cooperative agreements, and other assistance mechanisms and agreements of not more than $2,000,000 for the purpose of carrying out the provisions of chapters 1 and 10 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961: Provided, That the SGP established pursuant to this section shall replace the function served previously by the Development Grants Program established under section 674 of division J, of Public Law 110–161, which is hereby abolished.

(b)

Eligibility— Grants from the SGP shall only be made to eligible entities as described in the joint explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(c)

Proposals— Grants made pursuant to the authority of this section shall be provided through—

(1)

unsolicited applications received and evaluated pursuant to USAID policy regarding such proposals; or

(2)

an open and competitive process.

(d)

Funding—

(1)

Of the funds appropriated by this Act to carry out chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, not less than $45,000,000 shall be made available for the SGP within USAID’s Local Sustainability Office of the Bureau for Economic Growth, Education and Environment to carry out this subsection.

(2)

Other than to meet the requirements of this section, funds made available to carry out this section may not be allocated in the report required by section 653(a) of the Foreign Assistance Act of 1961 to meet any other specifically designated funding levels contained in this Act: Provided, That such funds may be attributed to any such specifically designated funding level after the award of funds under this section, if applicable.

(3)

Funds made available under this section shall remain available for obligation until September 30, 2019.

(e)

Management—

(1)

Not later than 120 days after enactment of this Act, the USAID Administrator shall issue guidance to implement this section: Provided, That such guidance shall include the requirements contained in the joint explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(2)

Upon selection of a mission pursuant to the procedures required by paragraph (1), such selected mission may be allocated the full estimated cost of the multi-year program: Provided, That such allocations shall be subject to the regular notification procedures of the Committees on Appropriations.

(3)

In addition to funds otherwise available for such purposes, up to 12 percent of the funds made available to carry out this section may be used by USAID for administrative and oversight expenses associated with managing relationships with entities under the SGP.

(f)

Report— Not later than 120 days after enactment of this Act and after consultation with the appropriate congressional committees, the Administrator shall submit a report to such committees describing the guidance to implement the SGP.

Sec. 7081

None of the funds made available in this Act may be used for first-class travel by employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.

Sec. 7082

Not later than 5 days after the conclusion of an agreement with a country, including a state with a compact of free association with the United States, to receive by transfer or release individuals detained at United States Naval Station, Guantanamo Bay, Cuba, the Secretary of State shall notify the Committees on Appropriations in writing of the terms of the agreement, including whether funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs will be made available for assistance for such country pursuant to such agreement.

Sec. 7083

(a)

The Asian Development Bank Act, Public Law 89–369, as amended (22 U.S.C. 285 et seq.), is further amended by adding at the end thereof the following new section:

“35. Tenth Replenishment

“(a) The United States Governor of the Bank is authorized to contribute, on behalf of the United States, $359,600,000 to the tenth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.

“(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $359,600,000 for payment by the Secretary of the Treasury.”

(b)

The International Development Association Act, Public Law 86–565, as amended (22 U.S.C. 284 et seq.), is further amended by adding at the end thereof the following new sections:

“28. Seventeenth Replenishment

“(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $3,871,800,000 to the seventeenth replenishment of the resources of the Association, subject to obtaining the necessary appropriations.

“(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,871,800,000 for payment by the Secretary of the Treasury.

“29. Multilateral Debt Relief

“(a) The Secretary of the Treasury is authorized to contribute, on behalf of the United States, not more than $565,020,000 to the International Development Association for the purpose of funding debt relief costs under the Multilateral Debt Relief Initiative incurred in the period governed by the seventeenth replenishment of resources of the International Development Association, subject to obtaining the necessary appropriations and without prejudice to any funding arrangements in existence on the date of the enactment of this section.

“(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $565,020,000 for payment by the Secretary of the Treasury.

“(c) In this section, the term “Multilateral Debt Relief Initiative” means the proposal set out in the G8 Finance Ministers' Communique entitled “Conclusions on Development,” done at London, June 11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit on July 8, 2005.”

(c)

The African Development Fund Act, Public Law 94–302, as amended (22 U.S.C. 290g et seq.), is further amended by adding at the end thereof the following new sections:

“223. Thirteenth Replenishment

“(a) The United States Governor of the Fund is authorized to contribute on behalf of the United States $585,000,000 to the thirteenth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.

“(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $585,000,000 for payment by the Secretary of the Treasury.

“224. Multilateral Debt Relief

“(a) The Secretary of the Treasury is authorized to contribute, on behalf of the United States, not more than $54,620,000 to the African Development Fund for the purpose of funding debt relief costs under the Multilateral Debt Relief Initiative incurred in the period governed by the thirteenth replenishment of resources of the African Development Fund, subject to obtaining the necessary appropriations and without prejudice to any funding arrangements in existence on the date of the enactment of this section.

“(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $54,620,000 for payment by the Secretary of the Treasury.

“(c) In this section, the term “Multilateral Debt Relief Initiative” means the proposal set out in the G8 Finance Ministers' Communique entitled “Conclusions on Development,” done at London, June 11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit on July 8, 2005.”

Sec. 7084

Of the unexpended balances available under the heading “Export and Investment Assistance, Export-Import Bank of the United States, Subsidy Appropriation” from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $30,000,000 are rescinded.

Sec. 7085

(a)

Expanded Use of Vietnam Debt Repayment Fund— Section 207(c)(3) of the Vietnam Education Foundation Act of 2000 (title II of division B of H.R. 5666, as enacted by section 1(a)(4) of Public Law 106–554 and contained in appendix D of that Act; 114 Stat. 2763A–257; 22 U.S.C. 2452 note) is amended to read as follows:

“(3) Excess funds—During each of the fiscal years 2015 through 2018, amounts deposited into the Fund, in excess of the amounts made available to the Foundation under paragraph (1), shall be made available by the Secretary of the Treasury, upon the request of the Secretary of State, for grants to support the establishment of an independent, not-for-profit academic institution in the Socialist Republic of Vietnam.”

(b)

Administrative provisions— Section 209(a) of the Vietnam Education Foundation Act of 2000 (title II of division B of H.R. 5666, as enacted by section 1(a)(4) of Public Law 106–554 and contained in appendix D of that Act; 114 Stat. 2763A–257; 22 U.S.C. 2452 note) is amended in the matter preceding paragraph (1) by inserting “(other than section 211)” after “this title”.

(c)

Grants authorized— The Vietnam Education Foundation Act of 2000 (title II of division B of H.R. 5666, as enacted by section 1(a)(4) of Public Law 106–554 and contained in appendix D of that Act; 114 Stat. 2763A–257; 22 U.S.C. 2452 note) is amended by adding at the end the following:

“211. ESTABLISHMENT OF AN INDEPENDENT, NOT-FOR-PROFIT ACADEMIC INSTITUTION IN THE SOCIALIST REPUBLIC OF VIETNAM

“(a) Grants authorized—The Secretary of State is authorized to award 1 or more grants which shall be used to support the establishment of an independent, not-for-profit academic institution in the Socialist Republic of Vietnam.

“(b) Application—In order to receive a grant pursuant to subsection (a), a prospective grantee shall submit an application to the Secretary of State at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

“(c) Minimum standards—As a condition of receiving a grant under subsection (a), a prospective grantee shall ensure that the independent, not-for-profit academic institution in the Socialist Republic of Vietnam described in subsection (a)—

“(1) achieves standards comparable to those required for accreditation in the United States;

“(2) offers graduate and undergraduate level teaching and research programs in a broad range of fields, including public policy, management, and engineering; and

“(3) establishes a policy of academic freedom and prohibits the censorship of dissenting or critical views.

“(d) Annual report

“(1) In general—Not later than 90 days after the last day of each fiscal year until 2020, the Secretary of State shall submit to the appropriate congressional committees a report that summarizes the activities carried out under this section during such fiscal year.

“(2) Definition—In this subsection, the term “appropriate congressional committees” means—

“(A) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and

“(B) the Committee on Appropriations and the Committee on Foreign Relations of the Senate.”

Sec. 7086

None of the funds appropriated or otherwise made available under titles III through VI of this Act may be obligated or expended to provide—

(1)

any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States;

(2)

assistance for any program, project, or activity that contributes to the violation of internationally recognized workers rights, as defined in section 507(4) of the Trade Act of 1974, of workers in the recipient country, including any designated zone or area in that country: Provided, That the application of section 507(4)(D) and (E) of such Act should be commensurate with the level of development of the recipient country and sector, and shall not preclude assistance for the informal sector in such country, micro and small-scale enterprise, and smallholder agriculture;

(3)

any assistance to an entity outside the United States if such assistance is for the purpose of directly relocating or transferring jobs from the United States to other countries and adversely impacts the labor force in the United States; or

(4)

for the enforcement of any rule, regulation, policy, or guidelines implemented pursuant to—

(A)

the third proviso of subsection 7079(b) of the Consolidated Appropriations Act, 2010;

(B)

the modification proposed by the Overseas Private Investment Corporation in November 2013 to the Corporation’s Environmental and Social Policy Statement relating to coal; or

(C)

the Supplemental Guidelines for High Carbon Intensity Projects approved by the Export-Import Bank of the United States on December 12, 2013,

Division J — Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015

J Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015

I Department of State and Related Agency

II United states agency for international development

III bilateral economic assistance

IV International security assistance

V Multilateral assistance

VI Export and Investment Assistance

VII General Provisions

VIII Overseas Contingency Operations

IX Ebola Response and Preparedness