213 
USE OF FUNDS IN CONTRAVENTION OF THIS ACT 
SEC. 7075. If the President makes a determination 
not to comply with any provision of this Act on constitu-
tional grounds, the head of the relevant Federal agency 
shall notify the Committees on Appropriations in writing 
within 5 days of such determination, the basis for such 
determination and any resulting changes to program and 
policy. 
BUDGET DOCUMENTS 
SEC. 7076. (a) OPERATING PLANS.—Not later than 
45 days after the date of enactment of this Act, each de-
partment, agency, or organization funded in titles I II, 
and VI of this Act, and the Department of the Treasury 
and Independent Agencies funded in title III of this Act, 
including the Inter-American Foundation and the United 
States African Development Foundation, shall submit to 
the Committees on Appropriations an operating plan for 
funds appropriated to such department, agency, or organi-
zation in such titles of this Act, or funds otherwise avail-
able for obligation in fiscal year 2016, that provides de-
tails of the uses of such funds at the program, project, 
and activity level: Provided, That such plans shall include, 
as applicable, a comparison between the most recent con-
gressional directives or approved funding levels and the 
funding levels proposed by the department or agency; and 
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a clear, concise, and informative description/justification: 
Provided further, That operating plans that include 
changes in levels of funding specified in this Act or in the 
report accompanying this Act shall be subject to the reg-
ular notification procedures of the Committees on Appro-
priations. 
(b) SPEND PLANS.— 
(1) Prior to the initial obligation of funds, the 
Secretary of State shall submit to the Committees 
on Appropriations a detailed spend plan for funds 
made available by this Act, for— 
(A) assistance for Afghanistan, Colombia, 
Egypt, Haiti, Iraq, Lebanon, Libya, Mexico, 
Pakistan, and the West Bank and Gaza; 
(B) the Caribbean Basin Security Initia-
tive, the Central American Regional Security 
Initiative, the Trans-Sahara Counterterrorism 
Partnership program, and the Partnership for 
Regional East Africa Counterterrorism pro-
gram; and 
(C) democracy programs, each sector enu-
merated in section 7060, and the programs de-
scribed in section 7073 of this Act. 
(2) Not later than 45 days after enactment of 
this Act, the Secretary of the Treasury shall submit 
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to the Committees on Appropriations a detailed 
spend plan for funds made available by this Act 
under the headings ‘‘Department of the Treasury’’ 
in title III and ‘‘International Financial Institu-
tions’’ in title V. 
(c) SPENDING REPORT.—Not later than 45 days 
after enactment of this Act, the Administrator of the 
United States Agency for International Development 
(USAID) shall submit to the Committees on Appropria-
tions a detailed report on spending of funds made avail-
able during fiscal year 2015 under the heading ‘‘Develop-
ment Credit Authority’’. 
(d) NOTIFICATIONS.—The spend plans referenced in 
subsection (b) shall not be considered as meeting the noti-
fication requirements in this Act or under section 634A 
of the Foreign Assistance Act of 1961. 
(e) CONGRESSIONAL BUDGET JUSTIFICATIONS.— 
(1) The congressional budget justifications for 
Department of State operations and foreign oper-
ations shall be provided to the Committees on Ap-
propriations concurrent with the date of submission 
of the President’s budget for fiscal year 2017. 
(2) The Secretary of State and the USAID Ad-
ministrator shall include in the congressional budget 
justification a detailed justification for multi-year 
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availability for any funds requested under the head-
ings ‘‘Diplomatic and Consular Programs’’ and ‘‘Op-
erating Expenses’’. 
PRESERVATION AND TRANSPARENCY OF DEPARTMENT OF 
STATE RECORDS 
SEC. 7077. Of the funds appropriated or otherwise 
made available by this Act under the heading ‘‘Diplomatic 
and Consular Programs’’ and not designated for World-
wide Security Protection, 15 percent shall be withheld 
from obligation until the Secretary of State— 
(a) certifies and reports to the Committees on Appro-
priations in writing that the Department of State has up-
dated policies, directives, and oversight necessary to com-
ply with Federal statutes, regulations, and presidential ex-
ecutive orders and memorandum concerning the preserva-
tion of all records made or received in the conduct of offi-
cial business, including record emails, instant messaging, 
and other online tools, and has taken steps to improve the 
response time for identifying and retrieving such records: 
Provided, That the certification required by this section 
shall include at a minimum that— 
(1) all employees at every level of the Department 
have been directed to ensure that the documentation of 
their official duties is captured, preserved, managed, pro-
tected, and accessible in official Government systems; 
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(2) all departing employees at every level have been 
directed that all Federal records generated by employees, 
including senior officials, belong to the Department; 
(3) the Department has implemented all rec-
ommendations of the Office of the Inspector General of 
the Department in the March 2015 Review of State Mes-
saging and Archive Retrieval Toolset and Record Email 
(ISP-1-15-15); 
(4) the Department has developed and is imple-
menting a plan to both reduce the backlog of Freedom 
of Information Act and Congressional oversight requests 
and measurably improve the response time for answering 
such requests; and 
(5) updated policies for Department employees have 
been codified in the Foreign Affairs Manual; and 
(b) requests from the Committees on Appropriations 
in writing the authority to obligate such funds and such 
Committees issue an approval, or absent a response, a pe-
riod of 15 days has elapsed. 
GLOBAL INTERNET FREEDOM 
SEC. 7078. (a) Of the funds available for obligation 
during fiscal year 2016 under the headings ‘‘International 
Broadcasting Operations’’, ‘‘Economic Support Fund’’, 
and ‘‘Democracy Fund’’, not less than $50,500,000 shall 
be made available for programs to promote Internet free-
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dom globally: Provided, That such programs shall be 
prioritized for countries whose governments restrict free-
dom of expression on the Internet, and that are important 
to the national interests of the United States: Provided 
further, That funds made available pursuant to this sec-
tion shall be matched, to the maximum extent practicable, 
by sources other than the United States Government, in-
cluding from the private sector. 
(b) Funds made available pursuant to subsection (a) 
shall be— 
(1) coordinated with other democracy, govern-
ance, and broadcasting programs funded by this Act 
under the headings ‘‘International Broadcasting Op-
erations’’, ‘‘Economic Support Fund’’, and ‘‘Democ-
racy Fund’’, and shall be incorporated into country 
assistance, democracy promotion, and broadcasting 
strategies, as appropriate; 
(2) made available to the Bureau of Democracy, 
Human Rights, and Labor, Department of State for 
programs to implement the May 2011, International 
Strategy for Cyberspace and the comprehensive 
strategy to promote Internet freedom and access to 
information in Iran, as required by section 414 of 
Public Law 112–158; 
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(3) made available to the Broadcasting Board 
of Governors (BBG) to provide tools and techniques 
to access the Internet Web sites of BBG broad-
casters that are censored, and to work with such 
broadcasters to promote and distribute such tools 
and techniques, including digital security techniques; 
(4) made available for programs that support 
the efforts of civil society to counter the development 
of repressive Internet-related laws and regulations, 
including countering threats to Internet freedom at 
international organizations; to combat violence 
against bloggers and other users; and to enhance 
digital security training and capacity building for de-
mocracy activists; and 
(5) made available for research of key threats 
to Internet freedom; the continued development of 
technologies that provide or enhance access to the 
Internet, including circumvention tools that bypass 
Internet blocking, filtering, and other censorship 
techniques used by authoritarian governments; and 
maintenance of the United States Government’s 
technological advantage over such censorship tech-
niques: Provided, That the Secretary of State, in 
consultation with the BBG, shall coordinate any 
such research and development programs with other 
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relevant United States Government departments and 
agencies in order to share information, technologies, 
and best practices, and to assess the effectiveness of 
such technologies. 
(c) After consultation among the relevant agency 
heads to coordinate and de-conflict planned activities, but 
not later than 90 days after enactment of this Act, the 
Secretary of State and the BBG Chairman shall submit 
to the Committees on Appropriations spend plans for 
funds made available by this Act for programs to promote 
Internet freedom globally, which shall include a descrip-
tion of safeguards established by relevant agencies to en-
sure that such programs are not used for illicit purposes. 
PROHIBITION ON PROMOTION OF TOBACCO 
SEC. 7079. None of the funds provided by this Act 
shall be available to promote the sale or export of tobacco 
or tobacco products, or to seek the reduction or removal 
by any foreign country of restrictions on the marketing 
of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco 
products of the same type. 
IMPACT ON JOBS IN THE UNITED STATES 
SEC. 7080. None of the funds appropriated or other-
wise made available under titles III through VI of this 
Act or any other Act making appropriations for the De-
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partment of State, foreign operations, and related pro-
grams, may be obligated or expended to provide— 
(1) for fiscal year 2016, any financial incentive 
to a business enterprise currently located in the 
United States for the purpose of inducing such an 
enterprise to relocate outside the United States if 
such incentive or inducement is likely to reduce the 
number of employees of such business enterprise in 
the United States because United States production 
is being replaced by such enterprise outside the 
United States; 
(2) for fiscal year 2016, assistance for any pro-
gram, project, or activity that contributes to the vio-
lation of internationally recognized workers rights, 
as defined in section 507(4) of the Trade Act of 
1974, of workers in the recipient country, including 
any designated zone or area in that country: Pro-
vided, That the application of section 507(4)(D) and 
(E) of such Act should be commensurate with the 
level of development of the recipient country and 
sector, and shall not preclude assistance for the in-
formal sector in such country, micro and small-scale 
enterprise, and smallholder agriculture; 
(3) for fiscal year 2016, any assistance to an 
entity outside the United States if such assistance is 
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for the purpose of directly relocating or transferring 
jobs from the United States to other countries and 
adversely impacts the labor force in the United 
States; or 
(4) for fiscal year 2016, or any fiscal year 
thereafter, for the enforcement of any rule, regula-
tion, or policy, or guidelines implemented pursuant 
to— 
(A) the third proviso of subsection 7079(b) 
of the Consolidated Appropriations Act, 2010; 
(B) the modification proposed by the Over-
seas Private Investment Corporation in Novem-
ber 2013 to the Corporation’s Environmental 
and Social Policy Statement relating to coal; 
(C) the Supplemental Guidelines for High 
Carbon Intensity Projects approved by the Ex-
port-Import Bank of the United States on De-
cember 12, 2013; or 
(D) the World Bank Group’s Directions 
for the World Bank Group’s Energy Sector re-
leased on July 16, 2013, 
when enforcement of such rule, regulation, policy, or 
guidelines would prohibit, or have the effect of pro-
hibiting, any coal-fired or other power-generation 
project the purpose of which is to increase exports 
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