Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016

1/11/2023, 1:30 PM

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Highlights:

The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 provides FY2016 appropriations for diplomatic and international assistance programs, including the Department of State, the U.S. Agency for International Development (USAID), and related agencies and programs.

The bill includes funding for the administration of foreign affairs, U.S. contributions to international organizations and commissions, bilateral economic assistance, international security assistance, multilateral assistance, and export and investment assistance. It also includes funding for Overseas Contingency Operations (OCO)/ Global War on Terrorism, which is exempt from discretionary spending limits and other budget enforcement rules.

The bill decreases total Department of State, Foreign Operations, and Related Programs funding (including regular appropriations, OCO, and emergency funding) below FY2015 levels. If OCO and emergency funding is excluded from the comparison, the bill increases regular appropriations above FY2015 levels.

Compared to FY2015 levels, the bill

  • increases regular appropriations for Department of State and related agencies, bilateral economic assistance, and international security assistance; and
  • decreases regular appropriations for USAID Operating Expenses and multilateral assistance.

The bill decreases overall OCO funding below the FY2015 level.

The bill withholds 15% of the State Department's Diplomatic and Consular Programs funding until the State Department certifies to Congress that it has implemented certain policies related to preserving official records and reducing the backlog and response time for information requests.

The bill does not include funding for the International Monetary Fund or several international climate change programs. It also does not extend the authorization for the Export-Import Bank of the United States.

The bill prohibits or restricts funding for a new embassy or diplomatic facility in Cuba, non-governmental organizations that perform abortions, the enforcement of certain climate change policies, and the U.N. Arms Trade Treaty.

Full Summary:

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016

Provides FY2016 appropriations for the Department of State, foreign operations, and related programs.

TITLE I--DEPARTMENT OF STATE AND RELATED AGENCY

Provides appropriations to the Department of State for the Administration of Foreign Affairs, including:

  • Diplomatic and Consular Programs;
  • the Capital Investment Fund;
  • the Office of Inspector General;
  • Educational and Cultural Exchange Programs;
  • Representation Expenses;
  • Protection of Foreign Missions and Officials;
  • Embassy Security, Construction, and Maintenance;
  • Emergencies in the Diplomatic and Consular Service;
  • the Repatriation Loans Program Account;
  • Payment to the American Institute in Taiwan; and
  • Payment to the Foreign Service Retirement and Disability Fund.

Provides appropriations for International Organizations for Contributions to International Organizations and Contributions for International Peacekeeping Activities.

Provides appropriations for International Commissions, including:

  • the International Boundary and Water Commission, United States and Mexico;
  • Salaries and Expenses;
  • Construction;
  • American Sections, International Commissions; and
  • International Fisheries Commissions.

Provides appropriations to the Broadcasting Board of Governors for International Broadcasting Operations and Broadcasting Capital Improvements.

Provides appropriations for Related Programs, including:

  • the Asia Foundation,
  • the U.S. Institute of Peace,
  • the Center for Middle Eastern-Western Dialogue Trust Fund,
  • the Eisenhower Exchange Fellowship Program,
  • the Israeli Arab Scholarship Program, and
  • the National Endowment for Democracy.

Provides appropriations for Other Commissions, including:

  • the Commission for the Preservation of America's Heritage Abroad,
  • the U.S. Commission on International Religious Freedom,
  • the Commission on Security and Cooperation in Europe,
  • the Congressional-Executive Commission on the People's Republic of China, and
  • the United States-China Economic and Security Review Commission.

TITLE II--UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Provides appropriations to the U.S. Agency for International Development (USAID) for Operating Expenses, the Capital Investment Fund, and the Office of Inspector General.

TITLE III--BILATERAL ECONOMIC ASSISTANCE

Provides appropriations to the President for:

  • Global Health Programs,
  • Development Assistance,
  • International Disaster Assistance,
  • Transition Initiatives,
  • Development Credit Authority,
  • the Economic Support Fund, and
  • the Democracy Fund.

Provides appropriations to the State Department for: (1) Migration and Refugee Assistance, and (2) the U.S. Emergency Refugee and Migration Assistance Fund.

Provides appropriations to Independent Agencies, including:

  • the Peace Corps,
  • the Millennium Challenge Corporation,
  • the Inter-American Foundation, and
  • the U.S. African Development Foundation.

Provides appropriations to the Department of the Treasury for International Affairs Technical Assistance.

TITLE IV--INTERNATIONAL SECURITY ASSISTANCE

Provides appropriations for International Security Assistance, including:

  • International Narcotics Control and Law Enforcement;
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs;
  • Peacekeeping Operations;
  • International Military Education and Training; and
  • the Foreign Military Financing Program.

TITLE V--MULTILATERAL ASSISTANCE

Provides appropriations for International Financial Institutions for contributions to: the International Development Association, the Asian Development Fund, and the African Development Fund.

TITLE VI--EXPORT AND INVESTMENT ASSISTANCE

Provides appropriations to the Export-Import Bank of the United States for the Inspector General and Administrative Expenses. (The bill does not reauthorize the Export-Import Bank or permit funds to be used for any function of the Bank, including to acquire new obligations to support the cost, administration, or acquisition of any new loans, financing, guarantees, or other obligations, after the later of June 30, 2015, or the date specified in the Export-Import Bank Act of 1945.)

Provides funding for the Overseas Private Investment Corporation and the Trade and Development Agency.

TITLE VII--GENERAL PROVISIONS

Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.

(Sec. 7001) Permits funds provided by this title to be used for allowances and differentials, the employment of temporary or intermittent experts and consultants, and for hire of passenger transportation.

(Sec. 7002) Requires agencies funded by this bill to submit to Congress reports on unobligated balances.

(Sec. 7003) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection.

(Sec. 7004) Requires interagency cost sharing with respect to the construction and use of diplomatic facilities, subject to an exception for the U.S. Marine Corps.

Prohibits specified funds from being used for site acquisition and mitigation, planning, design, or construction of the New London Embassy in the United Kingdom.

Permits specified funds to be used for the relocation of the U.S. Embassy to the Holy See only if: (1) the U.S. Ambassador to the Holy See and embassy staff will retain their independence from other U.S. missions in Rome, and (2) any relocation of the chancery will not increase annual operating costs or result in a reduction in staff, and will enhance the Embassy's overall security.

Sets forth reporting requirements for specified projects, including the new Mexico City Embassy, the new Beirut Embassy, and other construction projects for new diplomatic facilities.

(Sec. 7005) Requires costs incurred by agencies funded in title I due to personnel actions in response to funding reductions included in this bill to be absorbed within the resources available under title I. Permits the transfer of funds between accounts to comply with this section, subject to reprogramming procedures.

(Sec. 7006) Permits the State Department to award local guard contracts for high risk, high threat posts on the basis of best value as determined by a cost-technical tradeoff analysis.

(Sec. 7007) Prohibits the use of funds provided by titles III through VI of this bill for direct assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria.

(Sec. 7008) Prohibits the use of funds provided by titles III through VI of this bill for assistance to any country whose duly elected head of government is deposed by a military or military-supported coup or decree. Includes exceptions if a democratically elected government has taken office and for assistance to promote democratic elections.

(Sec. 7009) Sets forth limitations, conditions, and reporting requirements for the transfer of funds between appropriations accounts.

(Sec. 7010) Requires the State Department to submit to Congress a report on funds used during FY2015 for security assistance from the International Military Education and Training, Peacekeeping Operations, and Foreign Military Financing Program accounts.

(Sec. 7011) Prohibits funds provided by this bill from remaining available for obligation beyond the current fiscal year unless expressly provided in this bill, subject to specified exceptions.

(Sec. 7012) Prohibits funds provided by titles III through VI of this bill from being used for assistance to the government of any country in default in excess of a year on payments on a U.S. loan unless the President determines the assistance is in the U.S. national interest.

(Sec. 7013) Prohibits funds provided by titles III through VI of this bill from being used to provide assistance to a country in which the assistance is subject to taxation and not reimbursed by the foreign government unless the State Department makes certain determinations regarding U.S. foreign policy interests.

(Sec. 7014) Permits specifically designated appropriations provided by titles III through VI of this bill to be reprogrammed for other programs within the same account if compliance with the designation is made impossible due to a provision in this or any other Act.

Extends the availability of program-specific appropriations for one fiscal year if the State Department or USAID reports to Congress that the termination of assistance to a country or a change in circumstances makes it unlikely that funds can be used during the original period of availability.

Provides that: (1) ceilings and specific funding levels included in this bill are not applicable to funds provided by subsequent bills, and (2) specific funding levels or minimum funding requirements contained in other Acts are not applicable to funds provided by this bill.

(Sec. 7015) Sets forth congressional notification requirements and procedures regarding reprogramming or transferring funds provided by this bill.

Requires congressional notification for funds provided by titles III through VI that are expended for assistance to Afghanistan, Bolivia, Burma, Cambodia, Cuba, Ecuador, El Salvador, 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.

(Sec. 7016) Requires the Department of Defense (DOD) to notify Congress before: (1) providing certain excess defense articles under the Foreign Assistance Act of 1961, or (2) issuing a letter of offer to sell certain defense articles under the Arms Export Control Act.

(Sec. 7017) Provides that: (1) certain funds provided by titles I and III through V of this bill that are returned or not made available for international organizations shall remain available through FY2017, and (2) specified requirements to withhold funds for programs in Burma do not apply to funds provided by this bill.

(Sec. 7018) Prohibits funds provided to carry out part I of the Foreign Assistance Act of 1961 from being used for abortions and involuntary sterilization.

(Sec. 7019) Requires funds provided by this bill to be made available for programs and countries in the amounts contained in the tables in the report accompanying this bill.

(Sec. 7020) Prohibits certain funds from being used to pay for alcoholic beverages or entertainment expenses for recreational activities.

(Sec. 7021) Prohibits funds provided by titles III through VI of this bill from being made available to any foreign government that provides lethal military equipment to a country that supports international terrorism unless the President reports to Congress that the assistance is in the U.S. national interest.

Prohibits bilateral assistance from being provided to a government that: (1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism, (2) otherwise supports international terrorism, or (3) is controlled by a terrorist organization. Permits the President to waive the prohibition for humanitarian or national security purposes.

(Sec. 7022) Prohibits funds provided by this bill from being used for first-class travel by employees of agencies funded by this bill.

(Sec. 7023) Defines the terms "program", "project", and "activity" for the purposes of this bill.

(Sec. 7024) Provides authority for activities of the Peace Corps, the Inter-American Foundation, and the U.S. African Development Foundation that are authorized by or conducted under specified statutes.

(Sec. 7025) Prohibits specified funds provided by this bill from being used for activities related to the production, growth, or extraction of commodities for export by foreign countries if the commodities are likely to be in surplus on world markets or cause substantial injury to U.S. producers of the same, similar, or competing commodities, subject to specified exceptions. Directs Treasury to instruct the U.S. executive directors of the international financial institutions to oppose assistance for these activities.

(Sec. 7026) Directs USAID to require countries that receive foreign assistance or cash transfers which result in the generation of local currencies to deposit the currencies in a separate account to be used to finance foreign assistance activities. Sets forth conditions and restrictions for the use of the funds.

(Sec. 7027) Provides that restrictions on assistance for a country included in this or any other Act should not be construed to restrict assistance: (1) in support of nongovernmental organizations included in specified provisions of this bill, and (2) under the Food for Peace Act.

Provides that this section should not be construed to alter prohibitions against funding for abortion, involuntary sterilizations, or in support of international terrorism and human rights violations.

(Sec. 7028) Sets forth the conditions under which USAID may use funds provided by this bill for limited competitions through local entities.

(Sec. 7029) Requires the Department of the Treasury to instruct the U.S. executive director of each international financial institution to:

  • seek to require the institution to conduct independent evaluations of the effectiveness of at least 25% of all loans, grants, programs, and significant analytical non-lending activities to ensure that decisions are based on accurate data and objective analysis;
  • promote improvements in borrowing countries' financial management and judicial capacity to investigate, prosecute, and punish fraud and corruption;
  • seek to require the institution to conduct rigorous human rights due diligence and risk management.

Prohibits funds provided under title V of this bill from being used for international financial institutions while the U.S. executive director is compensated at a higher rate than level IV of the Executive Schedule.

(Sec. 7030) Permits nongovernmental organizations which are USAID grantees or contractors to place funds provided by title III of this bill in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.

(Sec. 7031) Sets forth requirements and limitations for direct government-to-government assistance related to financial management, budget transparency, corruption, and human rights violations.

(Sec. 7032) Provides specified funds for democracy programs, including the National Endowment for Democracy and supporting freedom of religion. Sets forth reporting requirements and other requirements for the use of funds.

(Sec. 7033) Prohibits funds provided by this bill from being used to make any pledge for future year funding for multilateral or bilateral programs funded in titles III through VI unless the pledge was justified in a congressional budget justification, the pledge was included in an appropriations Act, and congressional notification requirements have been met.

(Sec. 7034) Permits funds provided by this bill for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of trafficking to be used, notwithstanding any other provision of law.

Permits specified funds provided under the Foreign Assistance Act of 1961 to support a nation emerging from instability to include support for a regional, district, municipal, or other sub-national entity emerging from instability.

Requires agencies to post reports required to be submitted to Congress on their public websites if it is in the national interest, subject to exceptions for national security or proprietary, privileged, or sensitive information.

Permits specified funds to be used for:

  • the World Food Program;
  • the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union;
  • genocide memorials;
  • the Partner Vetting System pilot program;
  • contingencies; and
  • loan guarantees for Jordan, Ukraine, and Tunisia.

Requires the State Department to withhold specified funds 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.

Permits funds available in the HIV/AIDS Working Capital Fund to be used for pharmaceuticals and other products for child survival, malaria, and tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other products.

Directs the State Department to implement the requirement of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 that A-3 and G-5 visas to applicants of a diplomatic mission or international organization be suspended if its employees are found to have a record of exploiting nonimmigrant employees holding the visas.

Extends provisions relating to:

  • funding authority for recruitment, relocation, and retention bonuses to Foreign Service members, other than chiefs of mission and ambassadors at large, who are on official duty in Iraq, Afghanistan, or Pakistan; and
  • specified authorities to waive requirements related to reemployment for certain annuitants reemployed in Iraq, Pakistan, and Afghanistan.

Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend:

  • refugee set-asides for nationals of the former Soviet Union, Estonia, Latvia, or Lithuania who are current, active members of the Ukrainian Catholic Church or the Ukrainian Orthodox Church; and
  • status to a lawfully admitted permanent resident for certain aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia.

(Sec. 7035) Expresses the sense of Congress on the Arab League boycott of Israel.

(Sec. 7036) Establishes limitations on the use of funds provided under titles III through VI of this bill to support a Palestinian state.

(Sec. 7037) Restricts the use of funds provided by titles II through VI for conducting official U.S. government business with the Palestinian Authority.

(Sec. 7038) Prohibits funds from being used to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation.

(Sec. 7039) Requires the State Department to certify to Congress prior to using funds for the bilateral West Bank and Gaza program that the Government Accountability Office (GAO) will have access to necessary financial information to evaluate the uses of the assistance.

Directs the State Department, before using economic support funds provided by this bill for the West Bank and Gaza, to ensure that the assistance is not provided to or through any individual or entity that advocates or engages in terrorist activity.

Prohibits funds provided by titles III through VI of this bill from being used to honor individuals who commit or have committed acts of terrorism.

Sets forth reporting and auditing requirements to ensure compliance with this section.

(Sec. 7040) Restricts the use of specified funds provided by this bill for assistance to the Palestinian Authority or Hamas.

(Sec. 7041) Specifies permissible, required, and prohibited uses for funds in the Near East, including for Egypt, Iran, Iraq, Jordan, Lebanon, Libya, Morocco, Syria, and the West Bank and Gaza. Sets forth reporting requirements.

(Sec. 7042) Permits funds provided by this bill for assistance for the Central African Republic to be used 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.

Provides specified funds for the Trans-Sahara Counterterrorism Partnership program and the Partnership for Regional East Africa Counterterrorism program.

Permits funds provided by this bill to be used for programs and activities in areas affected by the Lord's Resistance Army consistent with the goals of the Lord's Resistance Army Disarmament and Northern Uganda Recovery Act.

Permits funds provided by this bill for assistance for Liberia, Sierra Leone, Nigeria, Cote d'Ivoire, Senegal, Ghana, and the countries participating in the Congo Basin Forest Partnership to be used to promote and support transparency and accountability in relation to the extraction of timber, oil and gas, cacao, and other natural resources.

Sets forth requirements and restrictions for the use of funds provided by this bill for assistance to Nigeria and South Sudan.

Prohibits the use of funds provided by this bill to assist the governments of Sudan or Zimbabwe, subject to specified exceptions.

(Sec. 7043) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in Burma, North Korea, China, and Tibet.

(Sec. 7044) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in Afghanistan and Pakistan and for cross border programs.

(Sec. 7045) Requires the State Department to submit to Congress a multi-year strategy for assistance to Central America to address the key factors in the countries in Central America contributing to the migration of unaccompanied, undocumented minors to the United States.

Requires funds provided by this and other appropriations Acts to implement the strategy to be used to:

  • improve border security;
  • counter the activities of criminal gangs, drug traffickers, and organized crime;
  • combat human smuggling and trafficking; and
  • repatriate and reintegrate migrants returning from the United States.

Requires the State Department to suspend the use of funds for the programs and activities described in the strategy if the government of a country is not taking steps to:

  • improve border security;
  • enforce laws and policies to reduce the flow of illegal migrants to the United States,
  • 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
  • cooperate with U.S. agencies to facilitate and expedite the return, repatriation, and reintegration of illegal migrants arriving at the southwest border of the United States.

Requires funds provided by this bill for International Narcotics Control and Law Enforcement to be made available for DNA forensic technology programs to combat human trafficking in Central America.

Permits specified funds provided by this bill for assistance to Colombia to 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.

Establishes permissible and prohibited uses for funds provided for assistance to Cuba, including:

  • providing funds to promote democracy and strengthen civil society in Cuba;
  • prohibiting the use of funds for the privatization and merger of the Office of Cuba Broadcasting and the Voice of America Latin America Division; and
  • prohibiting the use of funds to establish a U.S. diplomatic presence in Cuba or to facilitate the establishment or operation of a diplomatic mission of Cuba in the United States beyond what existed prior to December 17, 2014, until the President reports to Congress that specified requirements have been met.

Prohibits the use of funds provided by this bill to assist the central government of Haiti until the State Department certifies that Haiti is taking specified steps related to holding free and fair elections, selecting judges in a transparent manner, respecting the independence of the judiciary, combating corruption, and improving governance and financial transparency.

Requires costs of operations and maintenance, including fuel, of aircraft funded by this bill to be borne by the recipient country.

Requires funds provided by this bill for Development Assistance and the Economic Support Fund to be used for capacity building activities relating to free trade agreements with countries of Central America, Colombia, Peru, and the Dominican Republic.

(Sec. 7046) Prohibits funds provided by titles III through VI of this bill from being used to pay any assessments, arrearages, or dues of any United Nations member, or the costs for another country's delegation to attend an international conference.

(Sec. 7047) Permits the President to drawdown specified funds to support United Nations (U.N.) war crimes tribunals or commissions resolving charges regarding genocide or other violations of international humanitarian law.

(Sec. 7048) Limits the use of funds provided by this bill for contributions to the U.N. or the Organization of American States until specified transparency and accountability measures are taken by the organizations, subject to a waiver for a humanitarian crisis.

Prohibits funds provided by this bill from being used for:

  • any U.S. delegation to any specialized agency, body, or commission of the U.N. that is chaired or presided over by a country that supports international terrorism;
  • the U.N. Human Rights Council unless the State Department determines and reports to Congress that participation in the Council is in the U.S. national security interest and that the Council is taking significant steps to remove Israel as a permanent agenda item; and
  • the design, renovation, or construction of the U.N. Headquarters in New York

Prohibits funds provided by this bill for Migration and Refugee Assistance from being used for the UN Relief and Works Agency (UNRWA) until the State Department makes specified certifications to Congress regarding the activities of the UNWRA, subject to a waiver for a humanitarian crisis.

Requires the State Department to report to Congress on funds available for contributions to any organization, department, agency, or program within the U.N. system or any international program that are withheld due to any provision of law.

(Sec. 7049) Permits funds provided by titles III and IV of this bill to be used 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.

(Sec. 7050) Rescinds specified unexpended balances of funds previously provided for the Economic Support Fund.

(Sec. 7051) Prohibits the use of funds provided by this bill for the attendance of more than 50 U.S.-stationed employees at any single conference outside the United States unless Congress is notified in advance that attendance is important to the national interest.

(Sec. 7052) Permits the transfer of certain aircraft between programs, including for the transportation of active and standby Civilian Response Corps personnel and equipment.

(Sec. 7053) Withholds assistance from a foreign country in an amount equal to 110% of the total unpaid property tax and unpaid parking fines and penalties incurred April 1, 1997-September 30, 2015, and owed by the country to the District of Columbia or New York City.

(Sec. 7054) Permits demining equipment available to the State Department or USAID and used for the clearance of landmines and unexploded ordnance for humanitarian purposes to be disposed of on a grant basis in foreign countries.

Restricts furnishing military assistance, issuing export licenses, and transferring or selling technology relating to cluster munitions.

(Sec. 7055) Prohibits funds provided by this bill from being used for publicity or propaganda purposes within the United States that were not authorized before the enactment of this bill.

Permits USAID to use specified funds to provide assistance to private and voluntary organizations engaged in facilitating public discussion of world hunger and other related issues.

(Sec. 7056) Limits the funds provided by title II of this bill that may be used for official USAID residence expenses.

(Sec. 7057) Permits USAID to use specified funds provided by this bill for:

  • hiring up to 175 individuals in the United States and overseas on a limited appointment basis, subject to specified terms and conditions;
  • the cost of individuals detailed or employed to USAID to respond to natural or man-made disasters;
  • hiring up to 40 personal services contractors in the United States to support new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained.

Permits extensions of up to four years for limited-appointment Foreign Service personnel.

Permits USAID to provide exceptions to the fair opportunity process for placing task orders under multiple award indefinite-quantity contracts when the order is placed with a small or small disadvantaged business.

Continues USAID authority to appoint into the Senior Foreign Service and employ up to 10 individuals for programs in Afghanistan or Pakistan.

(Sec. 7058) Permits funds provided by this bill for bilateral assistance for child survival activities or disease programs including activities relating to HIV/AIDS to 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.

Permits specified funds to be used for family planning and reproductive health.

Withholds specified funds from the Global Fund to Fight AIDS, Tuberculosis, and Malaria until the State Department reports to Congress that the Fund is:

  • implementing a policy of transparency,
  • providing resources to maintain an independent Office of Inspector General,
  • protecting whistleblowers from retaliation, and
  • implementing recommendations contained in the Consolidated Transformation Plan.

(Sec. 7059) Provides specified funds for programs related to gender equality, including:

  • promoting gender equality,
  • increasing leadership opportunities for women in countries where women and girls suffer discrimination,
  • a multi-year strategy to prevent and respond to gender-based violence in countries where it is common, and
  • a multi-year strategy 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) Allocates specified funds and establishes reporting and other requirements for:

  • basic and higher education,
  • conservation,
  • food security and agriculture development,
  • microenterprise and microfinance development programs for the poor,
  • activities to combat trafficking in persons, and
  • water and sanitation supply projects.

(Sec. 7061) Prohibits specified funds provided by this bill from being available to a nongovernmental organization that fails to provide documents necessary for USAID auditing requirements.

(Sec. 7062) Prohibits funds provided by this bill from being used to implement the Arms Trade Treaty until the Senate ratifies the Treaty.

(Sec. 7063) Prohibits funds provided by this bill from being used for the United Nations Population Fund or for population planning activities or other population assistance for foreign nongovernmental organizations that promote or perform abortions, except in cases of rape or incest or when the life of the mother would be endangered if the fetus were carried to term.

(Sec. 7064) Requires the State Department to notify Congress after concluding an agreement with a country to receive individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo).

Requires the notification to include the terms of the agreement, including whether appropriations will be used. Requires the State Department to report to Congress regarding negotiations with foreign governments regarding the transfer of individuals detained at Guantanamo.

(Sec. 7065) Permits funds provided by this bill for Development Assistance, the Economic Support Fund, and International Narcotics Control and Law Enforcement to be used for assistance to eliminate inhumane conditions in foreign prisons and other detention facilities.

(Sec. 7066) Prohibits funds provided by this bill from being used to support or justify the use of torture, cruel, or inhumane treatment by any official or contract employee of the U.S. government.

(Sec. 7067) Prohibits the use of funds provided by this bill to assist the government of a country that has refused 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.

Applies only to the government of a country that maintains diplomatic relations with the United States and has violated the terms and conditions of an extradition treaty with the United States. Specifies exceptions and permits the State Department to waive the restrictions based on the national interest.

(Sec. 7068) Permits financing to be provided to Israel, Egypt, the North Atlantic Treaty Organization (NATO), and major non-NATO allies for commercial leasing of certain defense articles from U.S. commercial suppliers, if the President determines that there are compelling foreign policy or national security reasons for providing the articles by commercial lease rather than by government-to-government sale.

(Sec. 7069) Prohibits funds provided by this bill from being made available for a government of an Independent State of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union. Permits a waiver for national security.

Permits funds provided by this bill for the Economic Support Fund to be used for assistance to specified countries pursuant to the Support for Eastern European Democracy (SEED) Act of 1989 and the FREEDOM Support Act, subject to specified conditions and limitations.

Provides specified funds for assistance to Ukraine.

(Sec. 7070) Prohibits funds provided by this bill from being used for assistance for the central government of: (1) the Russian Federation, or (2) a country that has taken affirmative steps intended to support the Russian Federation annexation of Crimea. Permits a waiver for the national interest.

Prohibits funds provided by this bill from being used for:

  • implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea;
  • facilitation, financing, or guarantee of U.S. government investments in Crimea if the activity includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities; or
  • assistance for Crimea that includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities.

Requires Treasury to instruct the U.S. executive directors of each international financial institution to vote against assistance for any program that violates the sovereignty or territorial integrity of Ukraine.

Permits funds provided by this bill for assistance to the Eastern Partnership countries to be used to advance the implementation of Association Agreements, trade agreements, and visa liberalization agreements with the European Union (EU), and to reduce their vulnerability to Russian economic and political pressure.

(Sec. 7071) Extends certain IMF transparency, accountability, and lending requirements to this bill. Directs Treasury to instruct the U.S. Executive Director of the IMF to ensure that: (1) any loan will be repaid to the IMF before other private creditors, and (2) that the IMF is implementing certain policies to protect whistleblowers from retaliation.

(Sec. 7072) Specifies funds that may be obligated for the purposes of the Special Defense Acquisition Fund, including the provision of defense articles and defense services to foreign countries or international organizations.

(Sec. 7073) Permits funds provided by this bill for the Economic Support Fund; Nonproliferation, Anti-terrorism, Demining and Related Programs; and International Narcotics Control and Law Enforcement to be used for programs to counter the flow of foreign terrorist fighters.

(Sec. 7074) Prohibits funds provided by titles III through VI of this bill from being used for Enterprise Funds unless Congress is notified in advance. Establishes reporting requirements related to Enterprise Funds.

(Sec. 7075) Requires the head of the relevant agency to notify Congress if the President decides not to comply with any provisions of this bill based on constitutional grounds and requires the notification to include: (1) the basis for the determination, and (2) any resulting program and policy changes.

(Sec. 7076) Sets forth requirements for operating plans, spending plans, spending reports, and congressional budget justifications for specified agencies and programs funded by this bill.

(Sec. 7077) Withholds 15% of the funds provided by this bill for Diplomatic and Consular Programs not designated for Worldwide Security Protection, until the State Department certifies to Congress that it has updated policies, directives, and oversight necessary to comply with federal laws and regulations requiring the preservation of official records and has taken steps to improve the response time for identifying and retrieving the records.

(Sec. 7078) Provides specified funds to be used for programs to promote Internet freedom globally, with priority given to countries whose governments restrict freedom of expression on the Internet and are important to U.S. interests. Requires the funds to be matched to the maximum extent practicable, by sources other than the U.S. government, including from the private sector.

(Sec. 7079) Prohibits funds provided by this bill from being used 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 the products, except for restrictions which are not applied equally to all products of the same type.

(Sec. 7080) Prohibits funds provided by titles III through VI of this bill from being used for:

  • any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees,
  • assistance for any program that contributes to the violation of internationally recognized workers' rights in the recipient country,
  • any assistance to an entity outside the United States for the purpose of relocating or transferring jobs from the United States to other countries, or
  • to implement specified policies that would have the effect of prohibiting any coal-fired or other power-generation project the purpose of which is to increase exports of goods and services from the United States or prevent the loss of jobs in the United States.

TITLE VIII--GLOBAL WAR ON TERRORISM

Provides appropriations for diplomatic operations, development programs, and humanitarian response in support of the Global War on Terrorism. (Funds designated for the Global War on Terrorism/ Overseas Contingency Operations are exempt for discretionary spending limits and other budget enforcement rules).

Provides appropriations to the State Department for Administration of Foreign Affairs, including:

  • Diplomatic and Consular Programs;
  • the Office of Inspector General; and
  • Embassy Security, Construction, and Maintenance.

Provides appropriations for Contributions to International Organizations, to the Broadcasting Board of Governors for International Broadcasting Operations, and to USAID for Operating Expenses.

Provides appropriations for Bilateral Economic Assistance, including International Disaster Assistance, Transition Initiatives, the Economic Support Fund, and Migration and Refugee Assistance.

Provides appropriations for International Security Assistance, including:

  • International Narcotics Control and Law Enforcement;
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs;
  • Peacekeeping Operations; and
  • the Foreign Military Financing Program.

(Sec. 8001) States that funds provided by this title are in addition to other FY2016 funds provided by this bill.

(Sec. 8002) States that funds provided by this title are subject to the same authorities and conditions applicable to the accounts in prior titles, unless otherwise noted.

(Sec. 8003) Provides authority to transfer specified funds from the Economic Support Fund to United States Agency for International Development--Funds Appropriated to the President-- Office of the Inspector General.

(Sec. 8004) Provides that each amount designate by Congress in this bill as for Overseas Contingency Operations/Global War on Terrorism pursuant the Balanced Budget and Emergency Deficit Control Act of 1985 shall only be available if the President subsequently designates the amounts and transmits the designations to Congress.

TITLE IX--ADDITIONAL GENERAL PROVISION

(Sec. 9001) Establishes a spending reduction account for the amount by which spending proposed in this bill exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)

Congress
114

Number
HR - 2772

Introduced on
2015-06-15

# Amendments
0

Sponsors
+5

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Highlights:

The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 provides FY2016 appropriations for diplomatic and international assistance programs, including the Department of State, the U.S. Agency for International Development (USAID), and related agencies and programs.

The bill includes funding for the administration of foreign affairs, U.S. contributions to international organizations and commissions, bilateral economic assistance, international security assistance, multilateral assistance, and export and investment assistance. It also includes funding for Overseas Contingency Operations (OCO)/ Global War on Terrorism, which is exempt from discretionary spending limits and other budget enforcement rules.

The bill decreases total Department of State, Foreign Operations, and Related Programs funding (including regular appropriations, OCO, and emergency funding) below FY2015 levels. If OCO and emergency funding is excluded from the comparison, the bill increases regular appropriations above FY2015 levels.

Compared to FY2015 levels, the bill

  • increases regular appropriations for Department of State and related agencies, bilateral economic assistance, and international security assistance; and
  • decreases regular appropriations for USAID Operating Expenses and multilateral assistance.

The bill decreases overall OCO funding below the FY2015 level.

The bill withholds 15% of the State Department's Diplomatic and Consular Programs funding until the State Department certifies to Congress that it has implemented certain policies related to preserving official records and reducing the backlog and response time for information requests.

The bill does not include funding for the International Monetary Fund or several international climate change programs. It also does not extend the authorization for the Export-Import Bank of the United States.

The bill prohibits or restricts funding for a new embassy or diplomatic facility in Cuba, non-governmental organizations that perform abortions, the enforcement of certain climate change policies, and the U.N. Arms Trade Treaty.

Full Summary:

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016

Provides FY2016 appropriations for the Department of State, foreign operations, and related programs.

TITLE I--DEPARTMENT OF STATE AND RELATED AGENCY

Provides appropriations to the Department of State for the Administration of Foreign Affairs, including:

  • Diplomatic and Consular Programs;
  • the Capital Investment Fund;
  • the Office of Inspector General;
  • Educational and Cultural Exchange Programs;
  • Representation Expenses;
  • Protection of Foreign Missions and Officials;
  • Embassy Security, Construction, and Maintenance;
  • Emergencies in the Diplomatic and Consular Service;
  • the Repatriation Loans Program Account;
  • Payment to the American Institute in Taiwan; and
  • Payment to the Foreign Service Retirement and Disability Fund.

Provides appropriations for International Organizations for Contributions to International Organizations and Contributions for International Peacekeeping Activities.

Provides appropriations for International Commissions, including:

  • the International Boundary and Water Commission, United States and Mexico;
  • Salaries and Expenses;
  • Construction;
  • American Sections, International Commissions; and
  • International Fisheries Commissions.

Provides appropriations to the Broadcasting Board of Governors for International Broadcasting Operations and Broadcasting Capital Improvements.

Provides appropriations for Related Programs, including:

  • the Asia Foundation,
  • the U.S. Institute of Peace,
  • the Center for Middle Eastern-Western Dialogue Trust Fund,
  • the Eisenhower Exchange Fellowship Program,
  • the Israeli Arab Scholarship Program, and
  • the National Endowment for Democracy.

Provides appropriations for Other Commissions, including:

  • the Commission for the Preservation of America's Heritage Abroad,
  • the U.S. Commission on International Religious Freedom,
  • the Commission on Security and Cooperation in Europe,
  • the Congressional-Executive Commission on the People's Republic of China, and
  • the United States-China Economic and Security Review Commission.

TITLE II--UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Provides appropriations to the U.S. Agency for International Development (USAID) for Operating Expenses, the Capital Investment Fund, and the Office of Inspector General.

TITLE III--BILATERAL ECONOMIC ASSISTANCE

Provides appropriations to the President for:

  • Global Health Programs,
  • Development Assistance,
  • International Disaster Assistance,
  • Transition Initiatives,
  • Development Credit Authority,
  • the Economic Support Fund, and
  • the Democracy Fund.

Provides appropriations to the State Department for: (1) Migration and Refugee Assistance, and (2) the U.S. Emergency Refugee and Migration Assistance Fund.

Provides appropriations to Independent Agencies, including:

  • the Peace Corps,
  • the Millennium Challenge Corporation,
  • the Inter-American Foundation, and
  • the U.S. African Development Foundation.

Provides appropriations to the Department of the Treasury for International Affairs Technical Assistance.

TITLE IV--INTERNATIONAL SECURITY ASSISTANCE

Provides appropriations for International Security Assistance, including:

  • International Narcotics Control and Law Enforcement;
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs;
  • Peacekeeping Operations;
  • International Military Education and Training; and
  • the Foreign Military Financing Program.

TITLE V--MULTILATERAL ASSISTANCE

Provides appropriations for International Financial Institutions for contributions to: the International Development Association, the Asian Development Fund, and the African Development Fund.

TITLE VI--EXPORT AND INVESTMENT ASSISTANCE

Provides appropriations to the Export-Import Bank of the United States for the Inspector General and Administrative Expenses. (The bill does not reauthorize the Export-Import Bank or permit funds to be used for any function of the Bank, including to acquire new obligations to support the cost, administration, or acquisition of any new loans, financing, guarantees, or other obligations, after the later of June 30, 2015, or the date specified in the Export-Import Bank Act of 1945.)

Provides funding for the Overseas Private Investment Corporation and the Trade and Development Agency.

TITLE VII--GENERAL PROVISIONS

Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.

(Sec. 7001) Permits funds provided by this title to be used for allowances and differentials, the employment of temporary or intermittent experts and consultants, and for hire of passenger transportation.

(Sec. 7002) Requires agencies funded by this bill to submit to Congress reports on unobligated balances.

(Sec. 7003) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection.

(Sec. 7004) Requires interagency cost sharing with respect to the construction and use of diplomatic facilities, subject to an exception for the U.S. Marine Corps.

Prohibits specified funds from being used for site acquisition and mitigation, planning, design, or construction of the New London Embassy in the United Kingdom.

Permits specified funds to be used for the relocation of the U.S. Embassy to the Holy See only if: (1) the U.S. Ambassador to the Holy See and embassy staff will retain their independence from other U.S. missions in Rome, and (2) any relocation of the chancery will not increase annual operating costs or result in a reduction in staff, and will enhance the Embassy's overall security.

Sets forth reporting requirements for specified projects, including the new Mexico City Embassy, the new Beirut Embassy, and other construction projects for new diplomatic facilities.

(Sec. 7005) Requires costs incurred by agencies funded in title I due to personnel actions in response to funding reductions included in this bill to be absorbed within the resources available under title I. Permits the transfer of funds between accounts to comply with this section, subject to reprogramming procedures.

(Sec. 7006) Permits the State Department to award local guard contracts for high risk, high threat posts on the basis of best value as determined by a cost-technical tradeoff analysis.

(Sec. 7007) Prohibits the use of funds provided by titles III through VI of this bill for direct assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria.

(Sec. 7008) Prohibits the use of funds provided by titles III through VI of this bill for assistance to any country whose duly elected head of government is deposed by a military or military-supported coup or decree. Includes exceptions if a democratically elected government has taken office and for assistance to promote democratic elections.

(Sec. 7009) Sets forth limitations, conditions, and reporting requirements for the transfer of funds between appropriations accounts.

(Sec. 7010) Requires the State Department to submit to Congress a report on funds used during FY2015 for security assistance from the International Military Education and Training, Peacekeeping Operations, and Foreign Military Financing Program accounts.

(Sec. 7011) Prohibits funds provided by this bill from remaining available for obligation beyond the current fiscal year unless expressly provided in this bill, subject to specified exceptions.

(Sec. 7012) Prohibits funds provided by titles III through VI of this bill from being used for assistance to the government of any country in default in excess of a year on payments on a U.S. loan unless the President determines the assistance is in the U.S. national interest.

(Sec. 7013) Prohibits funds provided by titles III through VI of this bill from being used to provide assistance to a country in which the assistance is subject to taxation and not reimbursed by the foreign government unless the State Department makes certain determinations regarding U.S. foreign policy interests.

(Sec. 7014) Permits specifically designated appropriations provided by titles III through VI of this bill to be reprogrammed for other programs within the same account if compliance with the designation is made impossible due to a provision in this or any other Act.

Extends the availability of program-specific appropriations for one fiscal year if the State Department or USAID reports to Congress that the termination of assistance to a country or a change in circumstances makes it unlikely that funds can be used during the original period of availability.

Provides that: (1) ceilings and specific funding levels included in this bill are not applicable to funds provided by subsequent bills, and (2) specific funding levels or minimum funding requirements contained in other Acts are not applicable to funds provided by this bill.

(Sec. 7015) Sets forth congressional notification requirements and procedures regarding reprogramming or transferring funds provided by this bill.

Requires congressional notification for funds provided by titles III through VI that are expended for assistance to Afghanistan, Bolivia, Burma, Cambodia, Cuba, Ecuador, El Salvador, 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.

(Sec. 7016) Requires the Department of Defense (DOD) to notify Congress before: (1) providing certain excess defense articles under the Foreign Assistance Act of 1961, or (2) issuing a letter of offer to sell certain defense articles under the Arms Export Control Act.

(Sec. 7017) Provides that: (1) certain funds provided by titles I and III through V of this bill that are returned or not made available for international organizations shall remain available through FY2017, and (2) specified requirements to withhold funds for programs in Burma do not apply to funds provided by this bill.

(Sec. 7018) Prohibits funds provided to carry out part I of the Foreign Assistance Act of 1961 from being used for abortions and involuntary sterilization.

(Sec. 7019) Requires funds provided by this bill to be made available for programs and countries in the amounts contained in the tables in the report accompanying this bill.

(Sec. 7020) Prohibits certain funds from being used to pay for alcoholic beverages or entertainment expenses for recreational activities.

(Sec. 7021) Prohibits funds provided by titles III through VI of this bill from being made available to any foreign government that provides lethal military equipment to a country that supports international terrorism unless the President reports to Congress that the assistance is in the U.S. national interest.

Prohibits bilateral assistance from being provided to a government that: (1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism, (2) otherwise supports international terrorism, or (3) is controlled by a terrorist organization. Permits the President to waive the prohibition for humanitarian or national security purposes.

(Sec. 7022) Prohibits funds provided by this bill from being used for first-class travel by employees of agencies funded by this bill.

(Sec. 7023) Defines the terms "program", "project", and "activity" for the purposes of this bill.

(Sec. 7024) Provides authority for activities of the Peace Corps, the Inter-American Foundation, and the U.S. African Development Foundation that are authorized by or conducted under specified statutes.

(Sec. 7025) Prohibits specified funds provided by this bill from being used for activities related to the production, growth, or extraction of commodities for export by foreign countries if the commodities are likely to be in surplus on world markets or cause substantial injury to U.S. producers of the same, similar, or competing commodities, subject to specified exceptions. Directs Treasury to instruct the U.S. executive directors of the international financial institutions to oppose assistance for these activities.

(Sec. 7026) Directs USAID to require countries that receive foreign assistance or cash transfers which result in the generation of local currencies to deposit the currencies in a separate account to be used to finance foreign assistance activities. Sets forth conditions and restrictions for the use of the funds.

(Sec. 7027) Provides that restrictions on assistance for a country included in this or any other Act should not be construed to restrict assistance: (1) in support of nongovernmental organizations included in specified provisions of this bill, and (2) under the Food for Peace Act.

Provides that this section should not be construed to alter prohibitions against funding for abortion, involuntary sterilizations, or in support of international terrorism and human rights violations.

(Sec. 7028) Sets forth the conditions under which USAID may use funds provided by this bill for limited competitions through local entities.

(Sec. 7029) Requires the Department of the Treasury to instruct the U.S. executive director of each international financial institution to:

  • seek to require the institution to conduct independent evaluations of the effectiveness of at least 25% of all loans, grants, programs, and significant analytical non-lending activities to ensure that decisions are based on accurate data and objective analysis;
  • promote improvements in borrowing countries' financial management and judicial capacity to investigate, prosecute, and punish fraud and corruption;
  • seek to require the institution to conduct rigorous human rights due diligence and risk management.

Prohibits funds provided under title V of this bill from being used for international financial institutions while the U.S. executive director is compensated at a higher rate than level IV of the Executive Schedule.

(Sec. 7030) Permits nongovernmental organizations which are USAID grantees or contractors to place funds provided by title III of this bill in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.

(Sec. 7031) Sets forth requirements and limitations for direct government-to-government assistance related to financial management, budget transparency, corruption, and human rights violations.

(Sec. 7032) Provides specified funds for democracy programs, including the National Endowment for Democracy and supporting freedom of religion. Sets forth reporting requirements and other requirements for the use of funds.

(Sec. 7033) Prohibits funds provided by this bill from being used to make any pledge for future year funding for multilateral or bilateral programs funded in titles III through VI unless the pledge was justified in a congressional budget justification, the pledge was included in an appropriations Act, and congressional notification requirements have been met.

(Sec. 7034) Permits funds provided by this bill for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of trafficking to be used, notwithstanding any other provision of law.

Permits specified funds provided under the Foreign Assistance Act of 1961 to support a nation emerging from instability to include support for a regional, district, municipal, or other sub-national entity emerging from instability.

Requires agencies to post reports required to be submitted to Congress on their public websites if it is in the national interest, subject to exceptions for national security or proprietary, privileged, or sensitive information.

Permits specified funds to be used for:

  • the World Food Program;
  • the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union;
  • genocide memorials;
  • the Partner Vetting System pilot program;
  • contingencies; and
  • loan guarantees for Jordan, Ukraine, and Tunisia.

Requires the State Department to withhold specified funds 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.

Permits funds available in the HIV/AIDS Working Capital Fund to be used for pharmaceuticals and other products for child survival, malaria, and tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other products.

Directs the State Department to implement the requirement of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 that A-3 and G-5 visas to applicants of a diplomatic mission or international organization be suspended if its employees are found to have a record of exploiting nonimmigrant employees holding the visas.

Extends provisions relating to:

  • funding authority for recruitment, relocation, and retention bonuses to Foreign Service members, other than chiefs of mission and ambassadors at large, who are on official duty in Iraq, Afghanistan, or Pakistan; and
  • specified authorities to waive requirements related to reemployment for certain annuitants reemployed in Iraq, Pakistan, and Afghanistan.

Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend:

  • refugee set-asides for nationals of the former Soviet Union, Estonia, Latvia, or Lithuania who are current, active members of the Ukrainian Catholic Church or the Ukrainian Orthodox Church; and
  • status to a lawfully admitted permanent resident for certain aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia.

(Sec. 7035) Expresses the sense of Congress on the Arab League boycott of Israel.

(Sec. 7036) Establishes limitations on the use of funds provided under titles III through VI of this bill to support a Palestinian state.

(Sec. 7037) Restricts the use of funds provided by titles II through VI for conducting official U.S. government business with the Palestinian Authority.

(Sec. 7038) Prohibits funds from being used to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation.

(Sec. 7039) Requires the State Department to certify to Congress prior to using funds for the bilateral West Bank and Gaza program that the Government Accountability Office (GAO) will have access to necessary financial information to evaluate the uses of the assistance.

Directs the State Department, before using economic support funds provided by this bill for the West Bank and Gaza, to ensure that the assistance is not provided to or through any individual or entity that advocates or engages in terrorist activity.

Prohibits funds provided by titles III through VI of this bill from being used to honor individuals who commit or have committed acts of terrorism.

Sets forth reporting and auditing requirements to ensure compliance with this section.

(Sec. 7040) Restricts the use of specified funds provided by this bill for assistance to the Palestinian Authority or Hamas.

(Sec. 7041) Specifies permissible, required, and prohibited uses for funds in the Near East, including for Egypt, Iran, Iraq, Jordan, Lebanon, Libya, Morocco, Syria, and the West Bank and Gaza. Sets forth reporting requirements.

(Sec. 7042) Permits funds provided by this bill for assistance for the Central African Republic to be used 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.

Provides specified funds for the Trans-Sahara Counterterrorism Partnership program and the Partnership for Regional East Africa Counterterrorism program.

Permits funds provided by this bill to be used for programs and activities in areas affected by the Lord's Resistance Army consistent with the goals of the Lord's Resistance Army Disarmament and Northern Uganda Recovery Act.

Permits funds provided by this bill for assistance for Liberia, Sierra Leone, Nigeria, Cote d'Ivoire, Senegal, Ghana, and the countries participating in the Congo Basin Forest Partnership to be used to promote and support transparency and accountability in relation to the extraction of timber, oil and gas, cacao, and other natural resources.

Sets forth requirements and restrictions for the use of funds provided by this bill for assistance to Nigeria and South Sudan.

Prohibits the use of funds provided by this bill to assist the governments of Sudan or Zimbabwe, subject to specified exceptions.

(Sec. 7043) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in Burma, North Korea, China, and Tibet.

(Sec. 7044) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in Afghanistan and Pakistan and for cross border programs.

(Sec. 7045) Requires the State Department to submit to Congress a multi-year strategy for assistance to Central America to address the key factors in the countries in Central America contributing to the migration of unaccompanied, undocumented minors to the United States.

Requires funds provided by this and other appropriations Acts to implement the strategy to be used to:

  • improve border security;
  • counter the activities of criminal gangs, drug traffickers, and organized crime;
  • combat human smuggling and trafficking; and
  • repatriate and reintegrate migrants returning from the United States.

Requires the State Department to suspend the use of funds for the programs and activities described in the strategy if the government of a country is not taking steps to:

  • improve border security;
  • enforce laws and policies to reduce the flow of illegal migrants to the United States,
  • 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
  • cooperate with U.S. agencies to facilitate and expedite the return, repatriation, and reintegration of illegal migrants arriving at the southwest border of the United States.

Requires funds provided by this bill for International Narcotics Control and Law Enforcement to be made available for DNA forensic technology programs to combat human trafficking in Central America.

Permits specified funds provided by this bill for assistance to Colombia to 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.

Establishes permissible and prohibited uses for funds provided for assistance to Cuba, including:

  • providing funds to promote democracy and strengthen civil society in Cuba;
  • prohibiting the use of funds for the privatization and merger of the Office of Cuba Broadcasting and the Voice of America Latin America Division; and
  • prohibiting the use of funds to establish a U.S. diplomatic presence in Cuba or to facilitate the establishment or operation of a diplomatic mission of Cuba in the United States beyond what existed prior to December 17, 2014, until the President reports to Congress that specified requirements have been met.

Prohibits the use of funds provided by this bill to assist the central government of Haiti until the State Department certifies that Haiti is taking specified steps related to holding free and fair elections, selecting judges in a transparent manner, respecting the independence of the judiciary, combating corruption, and improving governance and financial transparency.

Requires costs of operations and maintenance, including fuel, of aircraft funded by this bill to be borne by the recipient country.

Requires funds provided by this bill for Development Assistance and the Economic Support Fund to be used for capacity building activities relating to free trade agreements with countries of Central America, Colombia, Peru, and the Dominican Republic.

(Sec. 7046) Prohibits funds provided by titles III through VI of this bill from being used to pay any assessments, arrearages, or dues of any United Nations member, or the costs for another country's delegation to attend an international conference.

(Sec. 7047) Permits the President to drawdown specified funds to support United Nations (U.N.) war crimes tribunals or commissions resolving charges regarding genocide or other violations of international humanitarian law.

(Sec. 7048) Limits the use of funds provided by this bill for contributions to the U.N. or the Organization of American States until specified transparency and accountability measures are taken by the organizations, subject to a waiver for a humanitarian crisis.

Prohibits funds provided by this bill from being used for:

  • any U.S. delegation to any specialized agency, body, or commission of the U.N. that is chaired or presided over by a country that supports international terrorism;
  • the U.N. Human Rights Council unless the State Department determines and reports to Congress that participation in the Council is in the U.S. national security interest and that the Council is taking significant steps to remove Israel as a permanent agenda item; and
  • the design, renovation, or construction of the U.N. Headquarters in New York

Prohibits funds provided by this bill for Migration and Refugee Assistance from being used for the UN Relief and Works Agency (UNRWA) until the State Department makes specified certifications to Congress regarding the activities of the UNWRA, subject to a waiver for a humanitarian crisis.

Requires the State Department to report to Congress on funds available for contributions to any organization, department, agency, or program within the U.N. system or any international program that are withheld due to any provision of law.

(Sec. 7049) Permits funds provided by titles III and IV of this bill to be used 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.

(Sec. 7050) Rescinds specified unexpended balances of funds previously provided for the Economic Support Fund.

(Sec. 7051) Prohibits the use of funds provided by this bill for the attendance of more than 50 U.S.-stationed employees at any single conference outside the United States unless Congress is notified in advance that attendance is important to the national interest.

(Sec. 7052) Permits the transfer of certain aircraft between programs, including for the transportation of active and standby Civilian Response Corps personnel and equipment.

(Sec. 7053) Withholds assistance from a foreign country in an amount equal to 110% of the total unpaid property tax and unpaid parking fines and penalties incurred April 1, 1997-September 30, 2015, and owed by the country to the District of Columbia or New York City.

(Sec. 7054) Permits demining equipment available to the State Department or USAID and used for the clearance of landmines and unexploded ordnance for humanitarian purposes to be disposed of on a grant basis in foreign countries.

Restricts furnishing military assistance, issuing export licenses, and transferring or selling technology relating to cluster munitions.

(Sec. 7055) Prohibits funds provided by this bill from being used for publicity or propaganda purposes within the United States that were not authorized before the enactment of this bill.

Permits USAID to use specified funds to provide assistance to private and voluntary organizations engaged in facilitating public discussion of world hunger and other related issues.

(Sec. 7056) Limits the funds provided by title II of this bill that may be used for official USAID residence expenses.

(Sec. 7057) Permits USAID to use specified funds provided by this bill for:

  • hiring up to 175 individuals in the United States and overseas on a limited appointment basis, subject to specified terms and conditions;
  • the cost of individuals detailed or employed to USAID to respond to natural or man-made disasters;
  • hiring up to 40 personal services contractors in the United States to support new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained.

Permits extensions of up to four years for limited-appointment Foreign Service personnel.

Permits USAID to provide exceptions to the fair opportunity process for placing task orders under multiple award indefinite-quantity contracts when the order is placed with a small or small disadvantaged business.

Continues USAID authority to appoint into the Senior Foreign Service and employ up to 10 individuals for programs in Afghanistan or Pakistan.

(Sec. 7058) Permits funds provided by this bill for bilateral assistance for child survival activities or disease programs including activities relating to HIV/AIDS to 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.

Permits specified funds to be used for family planning and reproductive health.

Withholds specified funds from the Global Fund to Fight AIDS, Tuberculosis, and Malaria until the State Department reports to Congress that the Fund is:

  • implementing a policy of transparency,
  • providing resources to maintain an independent Office of Inspector General,
  • protecting whistleblowers from retaliation, and
  • implementing recommendations contained in the Consolidated Transformation Plan.

(Sec. 7059) Provides specified funds for programs related to gender equality, including:

  • promoting gender equality,
  • increasing leadership opportunities for women in countries where women and girls suffer discrimination,
  • a multi-year strategy to prevent and respond to gender-based violence in countries where it is common, and
  • a multi-year strategy 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) Allocates specified funds and establishes reporting and other requirements for:

  • basic and higher education,
  • conservation,
  • food security and agriculture development,
  • microenterprise and microfinance development programs for the poor,
  • activities to combat trafficking in persons, and
  • water and sanitation supply projects.

(Sec. 7061) Prohibits specified funds provided by this bill from being available to a nongovernmental organization that fails to provide documents necessary for USAID auditing requirements.

(Sec. 7062) Prohibits funds provided by this bill from being used to implement the Arms Trade Treaty until the Senate ratifies the Treaty.

(Sec. 7063) Prohibits funds provided by this bill from being used for the United Nations Population Fund or for population planning activities or other population assistance for foreign nongovernmental organizations that promote or perform abortions, except in cases of rape or incest or when the life of the mother would be endangered if the fetus were carried to term.

(Sec. 7064) Requires the State Department to notify Congress after concluding an agreement with a country to receive individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo).

Requires the notification to include the terms of the agreement, including whether appropriations will be used. Requires the State Department to report to Congress regarding negotiations with foreign governments regarding the transfer of individuals detained at Guantanamo.

(Sec. 7065) Permits funds provided by this bill for Development Assistance, the Economic Support Fund, and International Narcotics Control and Law Enforcement to be used for assistance to eliminate inhumane conditions in foreign prisons and other detention facilities.

(Sec. 7066) Prohibits funds provided by this bill from being used to support or justify the use of torture, cruel, or inhumane treatment by any official or contract employee of the U.S. government.

(Sec. 7067) Prohibits the use of funds provided by this bill to assist the government of a country that has refused 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.

Applies only to the government of a country that maintains diplomatic relations with the United States and has violated the terms and conditions of an extradition treaty with the United States. Specifies exceptions and permits the State Department to waive the restrictions based on the national interest.

(Sec. 7068) Permits financing to be provided to Israel, Egypt, the North Atlantic Treaty Organization (NATO), and major non-NATO allies for commercial leasing of certain defense articles from U.S. commercial suppliers, if the President determines that there are compelling foreign policy or national security reasons for providing the articles by commercial lease rather than by government-to-government sale.

(Sec. 7069) Prohibits funds provided by this bill from being made available for a government of an Independent State of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union. Permits a waiver for national security.

Permits funds provided by this bill for the Economic Support Fund to be used for assistance to specified countries pursuant to the Support for Eastern European Democracy (SEED) Act of 1989 and the FREEDOM Support Act, subject to specified conditions and limitations.

Provides specified funds for assistance to Ukraine.

(Sec. 7070) Prohibits funds provided by this bill from being used for assistance for the central government of: (1) the Russian Federation, or (2) a country that has taken affirmative steps intended to support the Russian Federation annexation of Crimea. Permits a waiver for the national interest.

Prohibits funds provided by this bill from being used for:

  • implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea;
  • facilitation, financing, or guarantee of U.S. government investments in Crimea if the activity includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities; or
  • assistance for Crimea that includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities.

Requires Treasury to instruct the U.S. executive directors of each international financial institution to vote against assistance for any program that violates the sovereignty or territorial integrity of Ukraine.

Permits funds provided by this bill for assistance to the Eastern Partnership countries to be used to advance the implementation of Association Agreements, trade agreements, and visa liberalization agreements with the European Union (EU), and to reduce their vulnerability to Russian economic and political pressure.

(Sec. 7071) Extends certain IMF transparency, accountability, and lending requirements to this bill. Directs Treasury to instruct the U.S. Executive Director of the IMF to ensure that: (1) any loan will be repaid to the IMF before other private creditors, and (2) that the IMF is implementing certain policies to protect whistleblowers from retaliation.

(Sec. 7072) Specifies funds that may be obligated for the purposes of the Special Defense Acquisition Fund, including the provision of defense articles and defense services to foreign countries or international organizations.

(Sec. 7073) Permits funds provided by this bill for the Economic Support Fund; Nonproliferation, Anti-terrorism, Demining and Related Programs; and International Narcotics Control and Law Enforcement to be used for programs to counter the flow of foreign terrorist fighters.

(Sec. 7074) Prohibits funds provided by titles III through VI of this bill from being used for Enterprise Funds unless Congress is notified in advance. Establishes reporting requirements related to Enterprise Funds.

(Sec. 7075) Requires the head of the relevant agency to notify Congress if the President decides not to comply with any provisions of this bill based on constitutional grounds and requires the notification to include: (1) the basis for the determination, and (2) any resulting program and policy changes.

(Sec. 7076) Sets forth requirements for operating plans, spending plans, spending reports, and congressional budget justifications for specified agencies and programs funded by this bill.

(Sec. 7077) Withholds 15% of the funds provided by this bill for Diplomatic and Consular Programs not designated for Worldwide Security Protection, until the State Department certifies to Congress that it has updated policies, directives, and oversight necessary to comply with federal laws and regulations requiring the preservation of official records and has taken steps to improve the response time for identifying and retrieving the records.

(Sec. 7078) Provides specified funds to be used for programs to promote Internet freedom globally, with priority given to countries whose governments restrict freedom of expression on the Internet and are important to U.S. interests. Requires the funds to be matched to the maximum extent practicable, by sources other than the U.S. government, including from the private sector.

(Sec. 7079) Prohibits funds provided by this bill from being used 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 the products, except for restrictions which are not applied equally to all products of the same type.

(Sec. 7080) Prohibits funds provided by titles III through VI of this bill from being used for:

  • any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees,
  • assistance for any program that contributes to the violation of internationally recognized workers' rights in the recipient country,
  • any assistance to an entity outside the United States for the purpose of relocating or transferring jobs from the United States to other countries, or
  • to implement specified policies that would have the effect of prohibiting any coal-fired or other power-generation project the purpose of which is to increase exports of goods and services from the United States or prevent the loss of jobs in the United States.

TITLE VIII--GLOBAL WAR ON TERRORISM

Provides appropriations for diplomatic operations, development programs, and humanitarian response in support of the Global War on Terrorism. (Funds designated for the Global War on Terrorism/ Overseas Contingency Operations are exempt for discretionary spending limits and other budget enforcement rules).

Provides appropriations to the State Department for Administration of Foreign Affairs, including:

  • Diplomatic and Consular Programs;
  • the Office of Inspector General; and
  • Embassy Security, Construction, and Maintenance.

Provides appropriations for Contributions to International Organizations, to the Broadcasting Board of Governors for International Broadcasting Operations, and to USAID for Operating Expenses.

Provides appropriations for Bilateral Economic Assistance, including International Disaster Assistance, Transition Initiatives, the Economic Support Fund, and Migration and Refugee Assistance.

Provides appropriations for International Security Assistance, including:

  • International Narcotics Control and Law Enforcement;
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs;
  • Peacekeeping Operations; and
  • the Foreign Military Financing Program.

(Sec. 8001) States that funds provided by this title are in addition to other FY2016 funds provided by this bill.

(Sec. 8002) States that funds provided by this title are subject to the same authorities and conditions applicable to the accounts in prior titles, unless otherwise noted.

(Sec. 8003) Provides authority to transfer specified funds from the Economic Support Fund to United States Agency for International Development--Funds Appropriated to the President-- Office of the Inspector General.

(Sec. 8004) Provides that each amount designate by Congress in this bill as for Overseas Contingency Operations/Global War on Terrorism pursuant the Balanced Budget and Emergency Deficit Control Act of 1985 shall only be available if the President subsequently designates the amounts and transmits the designations to Congress.

TITLE IX--ADDITIONAL GENERAL PROVISION

(Sec. 9001) Establishes a spending reduction account for the amount by which spending proposed in this bill exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)


Policy Areas
International Affairs

Potential Impact
Abortion•
Accounting and auditing•
Afghanistan•
Africa•
African Development Foundation•
Appropriations•
Arab-Israeli relations•
Arms control and nonproliferation•
Asia•
Bolivia•
Border security and unlawful immigration•
Broadcasting Board of Governors•
Burma•
Cambodia•
Canada•
Caribbean area•
Central African Republic•
Child health•
China•
Colombia•
Competitiveness, trade promotion, trade deficits•
Congressional oversight•
Correctional facilities and imprisonment•
Crimes against children•
Criminal investigation, prosecution, interrogation•
Criminal procedure and sentencing•
Cuba•
Cultural exchanges and relations•
Department of State•
Department of the Treasury•
Detention of persons•
Diplomacy, foreign officials, Americans abroad•
Disaster relief and insurance•
Drug trafficking and controlled substances•
Drug, alcohol, tobacco use•
Ecuador•
Egypt•
El Salvador•
Ethiopia•
Europe•
Executive agency funding and structure•
Export-Import Bank of the United States•
Family planning and birth control•
Foreign aid and international relief•
Foreign and international banking•
Foreign loans and debt•
Gaza Strip•
Ghana•
Government ethics and transparency, public corruption•
Government information and archives•
Government trust funds•
Guatemala•
HIV/AIDS•
Haiti•
Higher education•
Historic sites and heritage areas•
Honduras•
Human rights•
Human trafficking•
Inter-American Foundation•
International exchange and broadcasting•
International law and treaties•
International monetary system and foreign exchange•
International organizations and cooperation•
Internet and video services•
Internet, web applications, social media•
Iran•
Iraq•
Israel•
Ivory Coast•
Jordan•
Latin America•
Lebanon•
Liberia•
Libya•
Marine and coastal resources, fisheries•
Mexico•
Middle East•
Military assistance, sales, and agreements•
Military education and training•
Military facilities and property•
Mining•
Multilateral development programs•
Nigeria•
North Korea•
Nuclear weapons•
Oil and gas•
Organized crime•
Overseas Private Investment Corporation (OPIC)•
Pakistan•
Palestinians•
Peace Corps•
Protection of officials•
Racial and ethnic relations•
Reconstruction and stabilization•
Refugees, asylum, displaced persons•
Religion•
Rule of law and government transparency•
Russia•
Sanctions•
Senegal•
Serbia•
Sex, gender, sexual orientation discrimination•
Sierra Leone•
Somalia•
South Sudan•
Sovereignty, recognition, national governance and status•
Sri Lanka•
Student aid and college costs•
Sudan•
Syria•
Taiwan•
Terrorism•
Tibet•
Trade and Development Agency•
Trade restrictions•
U.S. Agency for International Development (USAID)•
U.S. Commission on International Religious Freedom•
U.S. Institute of Peace•
U.S. and foreign investments•
Uganda•
Ukraine•
Unemployment•
United Nations•
Uzbekistan•
Venezuela•
War crimes, genocide, crimes against humanity•
West Bank•
Women's rights•
World health•
Yemen•
Zimbabwe

Comments

Recent Activity

Latest Summary10/13/2015

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Highlights:

The Department of State, Foreign Operations, and Related Programs Appropriations ...


Latest Action6/15/2015
Placed on the Union Calendar, Calendar No. 112.