[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1780 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 216
115th CONGRESS
1st Session
S. 1780
[Report No. 115-152]
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2018, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 7, 2017
Mr. Graham, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2018, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of State, foreign operations, and
related programs for the fiscal year ending September 30, 2018, and for
other purposes, namely:
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $8,580,698,000, of which:
$2,975,971,000 is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985; up to
$1,233,445,000 may remain available until September 30, 2019; and up to
$3,756,874,000 may remain available until expended for Worldwide
Security Protection: Provided, That funds made available under this
heading shall be allocated in accordance with paragraphs (1) through
(4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948, $2,679,633,000, of which up
to $476,879,000 is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,823,656,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation and disarmament activities as
authorized, $774,957,000.
(4) Security programs.--For necessary expenses for security
activities, $3,302,452,000, of which up to $3,279,995,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or
other payments received from English teaching, library,
motion pictures, and publication programs and from fees
from educational advising and counseling and exchange
visitor programs; and
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this
Act, funds may be reprogrammed within and between
paragraphs (1) through (4) under this heading subject
to section 7015 of this Act.
(B) Of the amount made available under this
heading, not to exceed $10,000,000 may be transferred
to, and merged with, funds made available by this Act
under the heading ``Emergencies in the Diplomatic and
Consular Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to section 1108(g) of title 31, United States
Code, for the field examination of programs and
activities in the United States funded from any account
contained in this title.
(D) Funds appropriated under this heading may be
made available for Conflict Stabilization Operations
and for related reconstruction and stabilization
assistance to prevent or respond to conflict or civil
strife in foreign countries or regions, or to enable
transition from such strife.
(E) Funds appropriated under this heading that are
designated for Worldwide Security Protection shall
continue to be made available for support of security-
related training at sites in existence prior to the
enactment of this Act.
(F) Of the funds appropriated under this heading,
up to $5,000,000 may be transferred to any other
appropriation of any department or agency of the United
States Government, upon the concurrence of the head of
such department or agency, to support operations in,
and assistance for, Afghanistan and to carry out the
provisions of the Foreign Assistance Act of 1961:
Provided, That any such transfer shall be subject to
the regular notification procedures of the Committees
on Appropriations.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $15,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$145,729,000, of which: $68,100,000 is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985; and $79,744,000 may remain available until
September 30, 2019: Provided, That funds appropriated under this
heading that are made available for the printing and reproduction costs
of the Special Inspector General for Afghanistan Reconstruction (SIGAR)
shall not exceed amounts for such costs during fiscal year 2017:
Provided further, That notwithstanding any other provision of law, any
employee of SIGAR who completes at least 12 months of continuous
service after the date of enactment of this Act or who is employed on
the date on which SIGAR terminates, whichever occurs first, shall
acquire competitive status for appointment to any position in the
competitive service for which the employee possesses the required
qualifications: Provided further, That funds appropriated under this
heading are made available notwithstanding section 209(a)(1) of the
Foreign Service Act of 1980 (22 U.S.C. 3928(a)(1)), as it relates to
post inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $634,143,000, to remain available until expended, of which
not less than $240,000,000 shall be for the Fulbright Program and not
less than $111,360,000 shall be for Citizen Exchange Program, including
$4,125,000 for the Congress-Bundestag Youth Exchange: Provided, That
fees or other payments received from, or in connection with, English
teaching, educational advising and counseling programs, and exchange
visitor programs as authorized may be credited to this account, to
remain available until expended: Provided further, That a portion of
the Fulbright awards from the Eurasia and Central Asia regions shall be
designated as Edmund S. Muskie Fellowships, following consultation with
the Committees on Appropriations: Provided further, That any
substantive modifications from the prior fiscal year to programs funded
by this Act under this heading shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
representation expenses
For representation expenses as authorized, $8,030,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$30,890,000, to remain available until September 30, 2019.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $754,459,000, to remain
available until expended, of which not to exceed $25,000 may be used
for domestic and overseas representation expenses as authorized:
Provided, That none of the funds appropriated in this paragraph shall
be available for acquisition of furniture, furnishings, or generators
for other departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,302,841,000, to remain
available until expended, of which $158,818,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided, That not later than
45 days after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations the proposed allocation of
funds made available under this heading and the actual and anticipated
proceeds of sales for all projects in fiscal year 2018.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $7,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,440,856.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $743,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions, or specific Acts of Congress, $1,449,000,000, of
which $96,240,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided, That the Secretary of State shall, at the time
of the submission of the President's budget to Congress under section
1105(a) of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided further,
That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget: Provided
further, That not later than June 1, 2018, and 30 days after the end of
fiscal year 2018, the Secretary of State shall report to the Committees
on Appropriations any credits attributable to the United States,
including from the United Nations Tax Equalization Fund, and provide
updated fiscal year 2018 and fiscal year 2019 assessment costs
including offsets from available credits and updated foreign currency
exchange rates: Provided further, That any such credits shall only be
available for United States assessed contributions to the United
Nations regular budget, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed contribution,
including any payment of arrearages: Provided further, That any
notification regarding funds appropriated or otherwise made available
under this heading in this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs
submitted pursuant to section 7015 of this Act, section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or any
operating plan submitted pursuant to section 7076 of this Act, shall
include an estimate of all known credits currently attributable to the
United States and provide updated assessment costs including offsets
from available credits and updated foreign currency exchange rates:
Provided further, That any payment of arrearages under this heading
shall be directed to activities that are mutually agreed upon by the
United States and the respective international organization and shall
be subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That none of the funds appropriated
under this heading shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,382,100,000, of
which: $602,339,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985; and $719,303,000 shall remain available until September
30, 2019: Provided, That none of the funds made available by this Act
shall be obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an emergency
as far in advance as is practicable), the Committees on Appropriations
are notified of: (1) the estimated cost and duration of the mission,
the objectives of the mission, the national interest that will be
served, and the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the cost of
the new or expanded mission, and the estimated cost in future fiscal
years: Provided further, That none of the funds appropriated under
this heading may be made available for obligation unless the Secretary
of State certifies and reports to the Committees on Appropriations on a
peacekeeping mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent United
Nations employees, contractor personnel, and peacekeeping troops
serving in such mission from trafficking in persons, exploiting victims
of trafficking, or committing acts of sexual exploitation and abuse or
other violations of human rights, and to bring to justice individuals
who engage in such acts while participating in such mission, including
prosecution in their home countries and making information about such
prosecutions publicly available on the Web site of the United Nations:
Provided further, That the Secretary of State shall work with the
United Nations and foreign governments contributing peacekeeping troops
to implement effective vetting procedures to ensure that such troops
have not violated human rights: Provided further, That funds shall be
available for peacekeeping expenses unless the Secretary of State
determines that United States manufacturers and suppliers are not being
given opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further, That none of
the funds appropriated or otherwise made available under this heading
may be used for any United Nations peacekeeping mission that will
involve United States Armed Forces under the command or operational
control of a foreign national, unless the President's military advisors
have submitted to the President a recommendation that such involvement
is in the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further, That
not later than June 1, 2018, and 30 days after the end of fiscal year
2018, the Secretary of State shall report to the Committees on
Appropriations any credits attributable to the United States, including
those resulting from United Nations peacekeeping missions or the United
Nations Tax Equalization Fund, and provide updated fiscal year 2018 and
fiscal year 2019 assessment costs including offsets from available
credits: Provided further, That any such credits shall only be
available for United States assessed contributions to United Nations
peacekeeping missions, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed contribution,
including any payment of arrearages: Provided further, That
notwithstanding the previous proviso, $11,750,000 in credits
attributable to the United States may be made available to assist those
affected by cholera resulting from the United Nations Stabilization
Mission in Haiti: Provided further, That any notification regarding
funds appropriated or otherwise made available under this heading in
this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs submitted pursuant to
section 7015 of this Act, section 34 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2706), or any operating plan
submitted pursuant to section 7076 of this Act, shall include an
estimate of all known credits currently attributable to the United
States and provide updated assessment costs including offsets from
available credits: Provided further, That any payment of arrearages
with funds appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the Secretary of State shall work with the United Nations
and members of the United Nations Security Council to evaluate and
prioritize peacekeeping missions, and to consider a draw down when
mission goals have been substantially achieved.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $48,134,000.
construction
For detailed plan preparation and construction of authorized
projects, $29,400,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by the North American
Free Trade Agreement Implementation Act (Public Law 103-182),
$13,258,000: Provided, That of the amount provided under this heading
for the International Joint Commission, up to $500,000 may remain
available until September 30, 2019, and $9,000 may be made available
for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $44,997,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East, $788,153,000,
of which $4,800,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided, That in addition to amounts otherwise available
for such purposes, up to $34,508,000 of the amount appropriated under
this heading may remain available until expended for satellite
transmissions and Internet freedom programs, of which not less than
$13,800,000 shall be for Internet freedom programs: Provided further,
That of the total amount appropriated under this heading, not to exceed
$35,000 may be used for representation expenses, of which $10,000 may
be used for such expenses within the United States as authorized, and
not to exceed $30,000 may be used for representation expenses of Radio
Free Europe/Radio Liberty: Provided further, That the BBG shall notify
the Committees on Appropriations within 15 days of any determination by
the BBG that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation of the
principles and standards set forth in subsections (a) and (b) of
section 303 of the United States International Broadcasting Act of 1994
(22 U.S.C. 6202) or the entity's journalistic code of ethics: Provided
further, That significant modifications to BBG broadcast hours
previously justified to Congress, including changes to transmission
platforms (shortwave, medium wave, satellite, Internet, and
television), for all BBG language services shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That in addition to funds made available under this
heading, and notwithstanding any other provision of law, up to
$5,000,000 in receipts from advertising and revenue from business
ventures, up to $500,000 in receipts from cooperating international
organizations, and up to $1,000,000 in receipts from privatization
efforts of the Voice of America and the International Broadcasting
Bureau, shall remain available until expended for carrying out
authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
purposes, $9,700,000, to remain available until expended, as
authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until
expended.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $37,884,000, to remain available until September 30, 2019,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2018, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2018, to remain available until
expended: Provided, That none of the funds appropriated herein shall
be used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2018, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$16,700,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act (22 U.S.C. 4412), $170,000,000, to remain available until
expended, of which $117,500,000 shall be allocated in the traditional
and customary manner, including for the core institutes, and
$52,500,000 shall be for democracy programs.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $675,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may
procure temporary, intermittent, and other services notwithstanding
paragraph (3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2018: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C. 6431 et
seq.), $4,500,000, to remain available until September 30, 2019,
including not more than $4,000 for representation expenses: Provided,
That $1,000,000 of such funds may not be obligated or expended until
the Commission fully implements the recommendations of the Independent
Review of USCIRF Mission Effectiveness that was conducted pursuant to
the United States Commission on International Religious Freedom
Reauthorization Act of 2015 (Public Law 114-71).
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22 U.S.C.
3001 et seq.), $2,579,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2019.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,000,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2019.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,500,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2019:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2018 and shall apply to
funds appropriated under this heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,347,676,000, of which:
$158,067,000 is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985; and
up to $360,218,000 may remain available until September 30, 2019:
Provided, That none of the funds appropriated under this heading and
under the heading ``Capital Investment Fund'' in this title may be made
available to finance the construction (including architect and
engineering services), purchase, or long-term lease of offices for use
by the United States Agency for International Development, unless the
USAID Administrator has identified such proposed use of funds in a
report submitted to the Committees on Appropriations at least 15 days
prior to the obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds appropriated under
this heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of those
sections: Provided further, That of the funds appropriated under this
heading, not less than $33,000,000 shall be made available for the
Bureau for Democracy, Conflict, and Humanitarian Assistance, and not
less than $15,900,000 shall be for the Regional Development Mission for
Asia: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID during the
current fiscal year.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $183,380,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available subject to the regular
notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $71,500,000, of which $2,500,000
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985 and up to
$13,225,000 may remain available until September 30, 2019, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $2,920,000,000, to remain available until September 30, 2019,
and which shall be apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be made
available for training, equipment, and technical assistance to build
the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned
by causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and
respond to, unanticipated and emerging global health threats; and (8)
family planning/reproductive health: Provided further, That funds
appropriated under this paragraph may be made available for a United
States contribution to the GAVI Alliance: Provided further, That none
of the funds made available in this Act nor any unobligated balances
from prior appropriations Acts may be made available to any
organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided further,
That any determination made under the previous proviso must be made not
later than 6 months after the date of enactment of this Act, and must
be accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That
in order to reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects which
offer, either directly or through referral to, or information about
access to, a broad range of family planning methods and services, and
that any such voluntary family planning project shall meet the
following requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4)
of this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,670,000,000, to remain
available until September 30, 2022, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), and shall be expended at the
minimum rate necessary to make timely payment for projects and
activities: Provided further, That the amount of such contribution
should be $1,350,000,000: Provided further, That clauses (i) and (vi)
of section 202(d)(4)(A) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622) shall be
applied with respect to such funds made available for fiscal years 2015
through 2018 by substituting ``2004'' for ``2009'': Provided further,
That up to 5 percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2018 may be made available to USAID for
technical assistance related to the activities of the Global Fund,
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this paragraph, up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for administrative
expenses of the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $2,890,000,000, to remain
available until September 30, 2019.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $3,133,210,000,
to remain available until expended, which is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961, and to
support transition to democracy and long-term development of countries
in crisis, $67,000,000, to remain available until expended, of which
$37,000,000 is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful resolution of
conflict: Provided further, That the USAID Administrator shall submit
a report to the Committees on Appropriations at least 5 days prior to
beginning a new program of assistance: Provided further, That if the
Secretary of State determines that it is important to the national
interest of the United States to provide transition assistance in
excess of the amount appropriated under this heading, up to $15,000,000
of the funds appropriated by this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961 may be used for purposes
of this heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds made
available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to support programs and activities to prevent or
respond to emerging or unforeseen foreign challenges and complex crises
overseas, $30,000,000, to remain available until expended, of which
$20,000,000 is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided, That funds appropriated under this heading may be made
available on such terms and conditions as are appropriate and necessary
for the purposes of preventing or responding to such challenges and
crises, except that no funds shall be made available for lethal
assistance or to respond to natural disasters: Provided further, That
funds appropriated under this heading may be made available
notwithstanding any other provision of law, except sections 7007, 7008,
and 7018 of this Act and section 620M of the Foreign Assistance Act of
1961: Provided further, That funds appropriated under this heading may
be used for administrative expenses, in addition to funds otherwise
available for such purposes, except that such expenses may not exceed 5
percent of the funds appropriated under this heading: Provided
further, That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on
Appropriations, except that such notifications shall be transmitted at
least 5 days prior to the obligation of funds.
development credit authority
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$60,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That funds provided
under this paragraph and funds provided as a gift that are used for
purposes of this paragraph pursuant to section 635(d) of the Foreign
Assistance Act of 1961 shall be made available only for micro- and
small enterprise programs, urban programs, and other programs which
further the purposes of part I of such Act: Provided further, That
funds provided as a gift that are used for purposes of this paragraph
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, and funds used for such cost, including if the cost
results in a negative subsidy, shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to general
provisions applicable to the Development Credit Authority) of the
Foreign Assistance Act of 1961, as contained in section 306 of H.R.
1486 as reported by the House Committee on International Relations on
May 9, 1997, shall be applicable to direct loans and loan guarantees
provided under this heading, except that the principal amount of loans
made or guaranteed under this heading with respect to any single
country shall not exceed $300,000,000: Provided further, That these
funds are available to subsidize total loan principal, any portion of
which is to be guaranteed, of up to $2,000,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $10,000,000, which may be transferred
to, and merged with, funds made available under the heading ``Operating
Expenses'' in title II of this Act: Provided, That funds made
available under this heading shall remain available until September 30,
2020.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $3,959,696,000, to
remain available until September 30, 2019, of which $3,047,119,000 is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $145,375,000, to remain available
until September 30, 2019, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated under
this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise
available by this Act for such purposes: Provided further, That the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations prior to
the obligation of funds appropriated under this paragraph.
For an additional amount for such purposes, $65,125,000, to remain
available until September 30, 2019, which shall be made available for
the Bureau for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $750,334,000, to remain available until September
30, 2019, of which $480,922,000 is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That funds appropriated under this
heading shall be available, notwithstanding any other provision of law,
except section 7070 of this Act, for assistance and related programs
for countries in Europe, Eurasia, and Central Asia, in addition to
funds otherwise available for such purposes: Provided further, That
funds appropriated by this Act under the headings ``Global Health
Programs'', ``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' that are made available for assistance
for such countries shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to section 102
of Public Law 102-511 and section 601 of Public Law 101-179: Provided
further, That funds appropriated under this heading shall be considered
to be economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained
in that Act for the use of economic assistance.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $3,110,287,000, to remain available until expended, of which:
$1,667,007,000 is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
except that such funds shall not be made available for resettlement
costs of refugees in the United States; not less than $35,000,000 shall
be made available to respond to small-scale emergency humanitarian
requirements; and $7,500,000 shall be made available for refugees
resettling in Israel: Provided, That funds appropriated under this
heading shall be administered by the Assistant Secretary for
Population, Refugees, and Migration, Department of State.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $50,000,000, to remain available until expended, of
which $40,000,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $410,000,000, of which $5,500,000 is
for the Office of Inspector General, to remain available until
September 30, 2019: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
exceed $5,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made available
for Peace Corps overseas operations: Provided further, That of the
funds appropriated under this heading, not to exceed $104,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That any decision to open, close, significantly reduce, or suspend a
domestic or overseas office or country program shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations, except that prior consultation and
regular notification procedures may be waived when there is a
substantial security risk to volunteers or other Peace Corps personnel,
pursuant to section 7015(e) of this Act: Provided further, That none
of the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$905,000,000, to remain available until expended: Provided, That of
the funds appropriated under this heading, up to $105,000,000 may be
available for administrative expenses of the Millennium Challenge
Corporation (MCC): Provided further, That up to 5 percent of the funds
appropriated under this heading may be made available to carry out the
purposes of section 616 of the MCA for fiscal year 2018: Provided
further, That section 605(e) of the MCA shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the MCA only
if such Compact obligates, or contains a commitment to obligate subject
to the availability of funds and the mutual agreement of the parties to
the Compact to proceed, the entire amount of the United States
Government funding anticipated for the duration of the Compact:
Provided further, That the MCC Chief Executive Officer shall notify the
Committees on Appropriations not later than 15 days prior to commencing
negotiations for any country compact or threshold country program;
signing any such compact or threshold program; or terminating or
suspending any such compact or threshold program: Provided further,
That funds appropriated under this heading by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs that are available to implement section 609(g) of
the MCA shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That no country should
be eligible for a threshold program after such country has completed a
country compact: Provided further, That any funds that are deobligated
from a Millennium Challenge Compact shall be subject to the regular
notification procedures of the Committees on Appropriations prior to
re-obligation: Provided further, That notwithstanding section
606(a)(2) of the MCA, a country shall be a candidate country for
purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World Bank's
lower middle income country threshold for the fiscal year and is among
the 75 lowest per capita income countries as identified by the World
Bank; and the country meets the requirements of section 606(a)(1)(B) of
the MCA: Provided further, That notwithstanding section 606(b)(1) of
the MCA, in addition to countries described in the preceding proviso, a
country shall be a candidate country for purposes of eligibility for
assistance for the fiscal year if the country has a per capita income
equal to or below the World Bank's lower middle income country
threshold for the fiscal year and is not among the 75 lowest per capita
income countries as identified by the World Bank; and the country meets
the requirements of section 606(a)(1)(B) of the MCA: Provided further,
That any MCC candidate country under section 606 of the MCA with a per
capita income that changes in the fiscal year such that the country
would be reclassified from a low income country to a lower middle
income country or from a lower middle income country to a low income
country shall retain its candidacy status in its former income
classification for the fiscal year and the 2 subsequent fiscal years:
Provided further, That publication in the Federal Register of a notice
of availability of a copy of a Compact on the MCC Web site shall be
deemed to satisfy the requirements of section 610(b)(2) of the MCA for
such Compact: Provided further, That none of the funds made available
by this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be available for
a threshold program in a country that is not currently a candidate
country: Provided further, That of the funds appropriated under this
heading, not to exceed $100,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be available
for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2019: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$30,000,000, to remain available until September 30, 2019, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act (22 U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of
Directors of the USADF may waive the $250,000 limitation contained in
that section with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely to foreign
currency fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available
for such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such accounts, in
furtherance of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any appropriation
from the Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $30,000,000, to remain available
until September 30, 2020, which shall be available notwithstanding any
other provision of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,275,094,000, to remain available until
September 30, 2019, which is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency
of the United States Government for the purpose of providing such
property to a foreign country or international organization under
chapter 8 of part I of such Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds made available under this heading that are
transferred to another department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of $5,000,000, and any
agreement made pursuant to section 632(a) of such Act, shall be subject
to the regular notification procedures of the Committees on
Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, and to carry out the
provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section
23 of the Arms Export Control Act, or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission, and for a
voluntary contribution to the International Atomic Energy Agency
(IAEA), $789,950,000, to remain available until September 30, 2019,
which is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided, That the Secretary of State shall inform the appropriate
congressional committees of information regarding any separate
arrangements relating to the ``Road-map for the Clarification of Past
and Present Outstanding Issues Regarding Iran's Nuclear Program''
between the IAEA and the Islamic Republic of Iran, in classified form
if necessary, if such information becomes known to the Department of
State: Provided further, That funds made available under this heading
for the Nonproliferation and Disarmament Fund shall be made available,
notwithstanding any other provision of law and subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament, and weapons
destruction, and shall remain available until expended: Provided
further, That such funds may also be used for such countries other than
the Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That funds appropriated
under this heading may be made available for the IAEA unless the
Secretary of State determines that Israel is being denied its right to
participate in the activities of that Agency: Provided further, That
funds made available for conventional weapons destruction programs,
including demining and related activities, in addition to funds
otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of such programs and
activities, subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $497,350,000, to remain
available until September 30, 2019, which is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That funds appropriated under this
heading may be used, notwithstanding section 660 of the Foreign
Assistance Act of 1961, to provide assistance to enhance the capacity
of foreign civilian security forces, including gendarmes, to
participate in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, not less than $31,000,000 shall
be made available for a United States contribution to the Multinational
Force and Observers mission in the Sinai: Provided further, That funds
appropriated under this heading may be used to pay assessed expenses of
international peacekeeping activities in Somalia.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $110,300,000, to remain
available until September 30, 2019, which is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That the civilian personnel for whom
military education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military relations,
civilian control of the military, or respect for human rights:
Provided further, That of the funds appropriated under this heading,
not to exceed $55,000 may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$5,620,213,000, to remain available until September 30, 2019, which is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That to
expedite the provision of assistance to foreign countries and
international organizations, the Secretary of State, following
consultation with the Committees on Appropriations and subject to the
regular notification procedures of such Committees, may use the funds
appropriated under this heading to procure defense articles and
services to enhance the capacity of foreign security forces: Provided
further, That of the funds appropriated under this heading, not less
than $3,100,000,000 shall be available for grants only for Israel which
shall be disbursed within 30 days of enactment of this Act: Provided
further, That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for Israel under
this heading shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less than
$815,300,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That funds appropriated or otherwise
made available under this heading shall be nonrepayable notwithstanding
any requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this heading shall be
obligated upon apportionment in accordance with paragraph (5)(C) of
section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made available
under this heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services, or design and construction services that
are not sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That not
more than $67,500,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside of the
United States, for the general costs of administering military
assistance and sales, except that this limitation may be exceeded only
through the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made available
under this heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be available for
representation expenses: Provided further, That not more than
$920,200,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2018 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973 (Public Law 93-
188; 87 Stat. 713), $363,000,000: Provided, That section 307(a) of the
Foreign Assistance Act of 1961 shall not apply to contributions to the
United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $136,563,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,097,010,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $47,395,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $32,418,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $171,300,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $30,000,000, to remain available
until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $5,700,000, to remain available until September 30, 2019.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $110,000,000, of which up to $16,500,000 may remain available
until September 30, 2019: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until
September 30, 2018: Provided further, That the Bank shall charge fees
for necessary expenses (including special services performed on a
contract or fee basis, but not including other personal services) in
connection with the collection of moneys owed the Bank, repossession or
sale of pledged collateral or other assets acquired by the Bank in
satisfaction of moneys owed the Bank, or the investigation or appraisal
of any property, or the evaluation of the legal, financial, or
technical aspects of any transaction for which an application for a
loan, guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further,
That in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such
purposes, to remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0:
Provided further, That amounts collected in fiscal year 2018 in excess
of obligations, up to $10,000,000 shall become available on September
1, 2018, and shall remain available until September 30, 2021.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by section 9104
of title 31, United States Code, such expenditures and commitments
within the limits of funds available to it and in accordance with law
as may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance programs
(including an amount for official reception and representation expenses
which shall not exceed $35,000) shall not exceed $79,200,000: Provided
further, That project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or potential
investors pursuant to section 234 of the Foreign Assistance Act of
1961, shall not be considered administrative expenses for the purposes
of this heading.
program account
For the cost of direct and guaranteed loans as authorized by
section 234 of the Foreign Assistance Act of 1961, $20,000,000, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2018, 2019, and 2020:
Provided further, That funds so obligated in fiscal year 2018 remain
available for disbursement through 2026; funds obligated in fiscal year
2019 remain available for disbursement through 2027; and funds
obligated in fiscal year 2020 remain available for disbursement through
2028: Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 in Iraq: Provided further, That
funds made available pursuant to the authority of the previous proviso
shall be subject to the regular notification procedures of the
Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $79,500,000, to remain available
until September 30, 2019: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2018 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section shall be submitted not later than 30 days after the end of
each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
Order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Information.--The
Secretary of State shall promptly inform the Committees on
Appropriations of each instance in which a Federal department or agency
is delinquent in providing the full amount of funding required by
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note).
(b) Exception.--Notwithstanding paragraph (2) of section 604(e) of
the Secure Embassy Construction and Counterterrorism Act of 1999 (title
VI of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G of that
Act), as amended by section 111 of the Department of State Authorities
Act, Fiscal Year 2017 (Public Law 114-323), a project to construct a
facility of the United States may include office space or other
accommodations for members of the United States Marine Corps.
(c) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2018 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note),
the Secretary of State, in consultation with the Director of the Office
of Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the contribution of
the Department of State for this purpose: Provided, That funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs that are
made available for departments and agencies of the United States
Government shall be made available for the Capital Security Cost
Sharing Program and the Maintenance Cost Sharing Program at levels not
less than the prior fiscal year.
(d) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2018,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That any such notification for a new diplomatic facility
justified to the Committees on Appropriations in the Congressional
Budget Justification, Department of State, Foreign Operations, and
Related Programs, Fiscal Year 2018, or not previously justified to such
Committees, shall also include confirmation that the Department of
State has completed the requisite value engineering studies required
pursuant to OMB Circular A-131, Value Engineering December 31, 2013 and
the Bureau of Overseas Building Operations Policy and Procedure
Directive, P&PD, Cost 02: Value Engineering.
(e) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation
with the Committees on Appropriations, to address security
vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical security
upgrades and local guard staffing, except that the amount of
funds made available for such purposes from this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be a minimum of
$25,000,000.
(2) Consultation.--Notwithstanding any other provision of
law, the opening, closure, or any significant modification to
an interim or temporary United States diplomatic facility shall
be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is a
security risk to personnel.
(f) Transfer of Funds Authority.--Funds appropriated under the
heading ``Diplomatic and Consular Programs'', including for Worldwide
Security Protection, and under the heading ``Embassy Security,
Construction, and Maintenance'' in this Act may be transferred to, and
merged with, funds appropriated by such titles under such headings if
the Secretary of State determines and reports to the Committees on
Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board, or to
prevent or respond to security situations and requirements, following
consultation with, and subject to the regular notification procedures
of, such Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available under any other
provision of law.
(g) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available for security upgrades to soft targets, including schools,
recreational facilities, and residences used by United States
diplomatic personnel and their dependents, except that the amount made
available for such purposes shall be a minimum of $10,000,000.
(h) Secure Resupply and Maintenance.--The Secretary of State may
not grant final approval for the construction of a new facility or
substantial construction to improve or expand an existing facility in
the United States by or for the Government of the People's Republic of
China until the Secretary certifies and reports to the appropriate
congressional committees that an agreement has been concluded between
the Governments of the United States and the People's Republic of China
that permits secure resupply and maintenance of United States
Government facilities in the People's Republic of China.
(i) New Embassy Compound Kinshasa.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Peacekeeping Operations'' that are made available for the central
Government of the Democratic Republic of the Congo may only be made
available if the Secretary of State certifies and reports to the
Committees on Appropriations that such Government has fully vacated the
property purchased by the United States in Kinshasa for the
construction of a New Embassy Compound.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 7015
of this Act.
department of state management
Sec. 7006. (a) Financial Systems Improvement.--Funds appropriated
by this Act for the operations of the Department of State under the
headings ``Diplomatic and Consular Programs'' and ``Capital Investment
Fund'' shall be made available to implement the recommendations
contained in the Foreign Assistance Data Review Findings Report (FADR)
and the Office of Inspector General (OIG) report entitled ``Department
Financial Systems Are Insufficient to Track and Report on Foreign
Assistance Funds'': Provided, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations an update to the plan required under
section 7006 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of Public Law
115-31) for implementing the FADR and OIG recommendations: Provided
further, That such funds may not be obligated for enhancements to, or
expansions of, the Budget System Modernization Financial System,
Central Resource Management System, Joint Financial Management System,
or Foreign Assistance Coordination and Tracking System until such
updated plan is submitted to the Committees on Appropriations:
Provided further, That such funds may not be obligated for new, or
expansion of existing, ad hoc electronic systems to track commitments,
obligations, or expenditures of funds unless the Secretary of State,
following consultation with the Chief Information Officer of the
Department of State, has reviewed and certified that such new system or
expansion is consistent with the FADR and OIG recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the
Working Capital Fund may only be used for the service centers included
in the Congressional Budget Justification, Department of State, Foreign
Operations, and Related Programs, Fiscal Year 2018: Provided, That the
amounts for such service centers shall be the amounts included in such
budget justification, except as provided in section 7015(b) of this
Act: Provided further, That Federal agency components shall be charged
only for their direct usage of each Working Capital Fund service:
Provided further, That prior to increasing the percentage charged to
Department of State bureaus and offices for procurement-related
activities, the Secretary of State shall include the proposed increase
in the Department of State budget justification or, at least 60 days
prior to the increase, provide the Committees on Appropriations a
justification for such increase, including a detailed assessment of the
cost and benefit of the services provided by the procurement fee:
Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the purpose and
authorities of such components: Provided further, That the Working
Capital Fund shall be paid in advance or reimbursed at rates which will
return the full cost of each service.
(c) Certification.--Prior to the initial obligation of funds
appropriated under titles III and IV of this Act that are made
available to a Department of State bureau or office with responsibility
for the oversight or management of such funds, the Secretary of State
shall certify and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office is in
compliance with Department and Federal financial management policies,
procedures and regulations, as appropriate: Provided, That if the
Secretary is unable to make such certification for an individual bureau
or office, the Secretary shall submit a plan and timeline to such
Committees detailing the steps to be taken to ensure such compliance.
(d) Report.--Not later than December 31, 2018, the Secretary of
State shall submit a report to the appropriate congressional committees
detailing all sole-source awards made by the Department of State during
the previous fiscal year in excess of $2,000,000: Provided, That such
report should be posted on the Department of State Web site.
(e) Information Technology Platform.--
(1) None of the funds appropriated by this Act may be made
available to replace or change the scope of a major information
technology system of the Department of State until the
Secretary of State submits a report to the Committees on
Appropriations detailing the conclusions and recommendations
from the Information Technology (IT) Platform Planning
workstream of the Department of State redesign initiative.
(2) The Secretary of State shall ensure that any contract
to replace or change such major information technology system--
(A) is fully consistent with the published IT
strategy of the Department of State;
(B) maintains consolidated control over enterprise
IT functions and maintains or improves operational
performance;
(C) improves Department of State resiliency to a
cyber-attack;
(D) reduces Department of State IT costs, and
requires the same number or fewer personnel to monitor
and administer; and
(E) is bid through an open and competitive process.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--
(1) Department of state.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for
the Department of State under title I of this Act may be
transferred between, and merged with, such appropriations, but
no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to increase
the appropriation under the heading ``Representation
Expenses''.
(2) Broadcasting board of governors.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors under title
I of this Act may be transferred between, and merged with, such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Title VI Agencies.--Not to exceed 5 percent of any
appropriation, other than for administrative expenses made available
for fiscal year 2018, for programs under title VI of this Act may be
transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations
Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized elsewhere
in, this Act, funds appropriated by this Act to carry out the
purposes of the Foreign Assistance Act of 1961 may be allocated
or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961.
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department
of State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement
in the previous sentence shall not apply to agreements entered
into between USAID and the Department of State.
(d) Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations account to which such funds were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any agreement for
the transfer or allocation of funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations and related programs, entered into between the Department of
State or USAID and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly provide that the
Inspector General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit responsibility if
the receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and report to the
Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
(f) Report.--Not later than 90 days after enactment of this Act,
the Secretary of State and the USAID Administrator shall each submit a
report to the Committees on Appropriations detailing all transfers to
another agency of the United States Government made pursuant to
sections 632(a) and 632(b) of the Foreign Assistance Act of 1961 with
funds provided in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of Public Law
115-31) as of the date of enactment of this Act: Provided, That such
reports shall include a list of each transfer made pursuant to such
sections with the respective funding level, appropriation account, and
the receiving agency.
prohibition on certain operational expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded by this Act
in contravention of section 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this
Act for the operating expenses of any United States Government
department or agency may be used to establish or maintain a computer
network for use by such department or agency unless such network has
filters designed to block access to sexually explicit Web sites:
Provided, That nothing in this subsection shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency, or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such Web sites
undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available 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.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided by this Act:
Provided, That funds appropriated for the purposes of chapters 1 and 8
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the headings ``Development Credit
Authority'' and ``Assistance for Europe, Eurasia and Central Asia''
shall remain available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
for an additional 4 years from the date on which the availability of
such funds would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the Secretary of State shall provide a report to the Committees on
Appropriations not later than October 30, 2018, detailing by account
and source year, the use of this authority during the previous fiscal
year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultation
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency
for International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount
equivalent to 200 percent of the total taxes assessed during fiscal
year 2018 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2019 and for prior
fiscal years and allocated for the central government of such country
or for the West Bank and Gaza program, as applicable, if, not later
than September 30, 2019, such taxes have not been reimbursed:
Provided, That the Secretary of State shall report to the Committees on
Appropriations by such date on the foreign governments and entities
that have not reimbursed such taxes, including any amount of funds
withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically
responsible manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and update
rules, regulations, or policy guidance, as appropriate, to implement
the prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section--
(1) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United
States and such government that describes, among other things,
the treatment for tax purposes that will be accorded the United
States assistance provided under that agreement; and
(2) the term ``taxes and taxation'' shall include value
added taxes and customs duties but shall not include individual
income taxes assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided, That
any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that
are specifically designated for particular programs or activities by
this or any other Act may be extended for an additional fiscal year if
the Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I and II of
this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs to the departments and
agencies funded by this Act that remain available for obligation in
fiscal year 2018, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or of currency reflows
or other offsetting collections, or made available by transfer, to the
departments and agencies funded by this Act, shall be available for
obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under titles I
and II of this Act that remain available for obligation in fiscal year
2018, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the department
and agency funded under title I of this Act, shall be available for
obligation or expenditure for activities, programs, or projects through
a reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, activities, or projects as approved by
the Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
and ``Peace Corps'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for an activity, program, or project for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
activity, program, or project for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority: Provided further, That if subsequent to the notification of
assistance it becomes necessary to rely on notwithstanding authority,
the Committees on Appropriations should be informed at the earliest
opportunity and to the extent practicable.
(d) Department of Defense Programs and Funding Notifications.--
(1) Programs.--Notwithstanding any other provision of law,
none of the funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available to support or
continue any program initially funded under any authority of
title 10, United States Code, or any Act making or authorizing
appropriations for the Department of Defense, unless the
Secretary of State, in consultation with the Secretary of
Defense, submits to the Committees on Appropriations a detailed
justification to support or continue any such program:
Provided, That such justification shall include a description
of such program and the estimated costs associated with support
or continuation: Provided further, That funds appropriated by
this Act that are made available to support or continue any
such program shall be subject to the regular notification
procedures of the Committees on Appropriations.
(2) Funding.--Notwithstanding any other provision of law,
with the exception of funds transferred to, and merged with,
funds appropriated under title I of this Act, funds transferred
by the Department of Defense to the Department of State and the
United States Agency for International Development for
assistance for foreign countries and international
organizations shall be subject to the regular notification
procedures of the Committees on Appropriations.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided, That in case of any such waiver, notification to
the Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context
of the circumstances necessitating such waiver: Provided further, That
any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Bolivia, Burma,
Cambodia, Cameroon, Colombia, Cuba, Ecuador, Egypt, El Salvador,
Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Kenya, Lebanon,
Libya, Mexico, Pakistan, Philippines, the Russian Federation, Somalia,
South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and
Zimbabwe except as provided through the regular notification procedures
of the Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution as defined by section 7034(r)(3) of this Act shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(h) Other Program Notification Requirement.--
(1) Diplomatic and consular programs.--Funds appropriated
under Title I of this Act under the heading ``Diplomatic and
Consular Programs'' that are made available for a pilot program
for lateral entry into the Foreign Service shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of the
Committees on Appropriations:
(A) The Global Engagement Center, except that the
Secretary of State shall consult with the appropriate
congressional committees prior to submitting such
notification.
(B) The Power Africa initiative.
(C) Community-based police assistance conducted
pursuant to the authority of section 7049 of this Act.
(D) Programs to counter foreign fighters and
extremist organizations, pursuant to section 7073(a) of
this Act.
(E) The Relief and Recovery Fund.
(F) The Women Entrepreneurs Financing Initiative,
except that funds made available for such initiative in
prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall
be subject to the regular notification procedures of
the Committees on Appropriations.
(G) The Global Security Contingency Fund.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Requirement to Inform and Coordinate.--The Secretary of State
shall promptly inform the appropriate congressional committees of each
instance in which funds appropriated by this Act for assistance for
Iraq, Libya, Somalia, and Syria, the Counterterrorism Partnership Fund,
the Relief and Recovery Fund, and to counter extremism and foreign
fighters abroad, have been diverted or destroyed, to include the type
and amount of assistance, a description of the incident and parties
involved, and an explanation of the response of the Department of State
or USAID, as appropriate: Provided, That the Secretary shall ensure
such funds are coordinated with, and complement, the programs of other
United States Government departments and agencies and international
partners in such countries and on such activities.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further,
That such Committees shall also be informed of the original acquisition
cost of such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under titles I and III
through V of this Act, which are returned or not made available for
organizations and programs because of the implementation of section
307(a) of the Foreign Assistance Act of 1961, shall remain available
for obligation until September 30, 2020: Provided, That the
requirement to withhold funds for programs in Burma under section
307(a) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocations.--Unless otherwise specified by this
Act, funds appropriated by this Act under the headings ``Diplomatic and
Consular Programs'' and ``Operating Expenses'' and under titles III
through V shall be made available in the amounts specifically
designated in the respective tables included in the report accompanying
this Act, except for amounts designated in such tables for
``International Military Education and Training'', ``Relief and
Recovery Fund'', and funds for which the initial period of availability
has expired: Provided, That such designated amounts for foreign
countries and international organizations shall serve as the amounts
for such countries and international organizations transmitted to
Congress in the report required by section 653(a) of the Foreign
Assistance Act of 1961.
(b) Reports.--The Secretary of State and the Administrator of the
United States Agency for International Development, as appropriate,
shall submit the reports required in the report accompanying this Act
in the manner described.
(c) Withholding of Funds.--Of the funds appropriated by this Act
under the heading ``International Military Education and Training'', 15
percent shall be withheld from obligation until the Secretary of State
submits to the appropriate congressional committees the report required
under this heading in the Joint Explanatory Statement accompanying the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31), as
described.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department, agency, or
entity funded in titles I or II of this Act, and the Department of the
Treasury and independent agencies funded in titles III or VI of this
Act, shall take steps to ensure that domestic and overseas
representation and entertainment expenses further official agency
business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or otherwise made
available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' may be obligated or
expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available by titles III through VI of this Act
may be made available to any foreign government which provides
lethal military equipment to a country the government of which
the Secretary of State has determined supports international
terrorism for purposes of section 6(j) of the Export
Administration Act of 1979 as continued in effect pursuant to
the International Emergency Economic Powers Act: Provided,
That the prohibition under this section with respect to a
foreign government shall terminate 12 months after that
government ceases to provide such military equipment: Provided
further, That this section applies with respect to lethal
military equipment provided under a contract entered into after
October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation
of the assistance to be provided, the estimated dollar amount
of such assistance, and an explanation of how the assistance
furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any
foreign government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as
a terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in
the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``Foreign Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country, regional, and
central program level funding within each such account; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall
also be considered to include central, country, regional, and program
level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days after the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961 or as
modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the Overseas Private Investment Corporation
shall be obligated or expended to finance any loan, any assistance, or
any other financial commitments for establishing or expanding
production of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is expected to
become operative and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Export-Import
Bank if in the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the Committees on
Appropriations: Provided further, That this subsection shall not
prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive directors of the
international financial institutions, as defined in section 7034(r)(3)
of this Act, to use the voice and vote of the United States to oppose
any assistance by such institutions, using funds appropriated or made
available by this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world markets
and if the assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) Report.--The USAID Administrator shall report as part
of the congressional budget justification submitted to the
Committees on Appropriations on the use of local currencies for
the administrative requirements of the United States Government
as authorized in subsection (a)(2)(B), and such report shall
include the amount of local currency (and United States dollar
equivalent) used or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2018, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to
the United States Agency for International Development may only be made
available for limited competitions through local entities if--
(1) prior to the determination to limit competition to
local entities, USAID has--
(A) assessed the level of local capacity to
effectively implement, manage, and account for programs
included in such competition; and
(B) documented the written results of the
assessment and decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been
determined to be responsible in accordance with USAID
guidelines; and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) Report.--In addition to the requirements of subsection (a)(1),
the USAID Administrator shall report to the appropriate congressional
committees not later than 45 days after the end of fiscal year 2018 on
all awards subject to limited or no competition for local entities:
Provided, That such report shall be posted on the USAID Web site:
Provided further, That the requirements of this subsection shall only
apply to awards in excess of $3,000,000 and sole source awards to local
entities in excess of $2,000,000.
(c) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2018.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to seek to require that such
institution adopts and implements a publicly available policy,
including the strategic use of peer reviews and external experts, to
conduct independent, in-depth evaluations of the effectiveness of at
least 25 percent of all loans, grants, programs, and significant
analytical non-lending activities in advancing the institution's goals
of reducing poverty and promoting equitable economic growth, consistent
with relevant safeguards, to ensure that decisions to support such
loans, grants, programs, and activities are based on accurate data and
objective analysis: Provided, That not later than 45 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken in fiscal year 2017 by the
United States executive directors and the international financial
institutions consistent with this subsection compared to the previous
fiscal year.
(b) Safeguards.--
(1) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development and the International
Development Association to vote against any loan, grant,
policy, or strategy if such institution has adopted and is
implementing any social or environmental safeguard relevant to
such loan, grant, policy, or strategy that provides less
protection than World Bank safeguards in effect on September
30, 2015.
(2) The Secretary of the Treasury should instruct the
United States executive director of each international
financial institution to vote against loans or other financing
for projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation; cultural protection; and empowerment of
local populations, including free, prior and informed
consent of affected indigenous communities;
(C) do not provide incentives for, or facilitate,
forced displacement; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is compensated by
the institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to seek to require that such institution conducts rigorous
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution: Provided, That prior to voting on any such loan, grant,
policy, or strategy the executive director shall consult with the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, if the executive director has reason to believe that such
loan, grant, policy, or strategy could result in forced displacement or
other violation of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to promote in loan, grant, and other financing
agreements improvements in borrowing countries' financial management
and judicial capacity to investigate, prosecute, and punish fraud and
corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to seek to require that such
institution collects, verifies, and publishes, to the maximum extent
practicable, beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company, other
than a publicly listed company, that receives funds from any such
financial institution: Provided, That not later than 45 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken in fiscal year 2017 by the
United States executive directors and the international financial
institutions consistent with this subsection compared to the previous
fiscal year.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to seek to require that each such institution is
effectively implementing and enforcing policies and procedures which
reflect best practices for the protection of whistleblowers from
retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven
retaliation.
debt-for-development
Sec. 7030. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A)(i) each implementing agency or ministry to
receive assistance has been assessed and is considered
to have the systems required to manage such assistance
and any identified vulnerabilities or weaknesses of
such agency or ministry have been addressed;
(ii) the recipient agency or ministry employs and
utilizes staff with the necessary technical, financial,
and management capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems
are in place to ensure that such assistance is used for
its intended purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is
taking steps to publicly disclose on an annual basis
its national budget, to include income and
expenditures;
(B) the recipient government is in compliance with
the principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed
or controlled by an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189);
(D) the Government of the United States and the
government of the recipient country have agreed, in
writing, on clear and achievable objectives for the use
of such assistance, which should be made available on a
cost-reimbursable basis; and
(E) the recipient government is taking steps to
protect the rights of civil society, including freedoms
of expression, association, and assembly.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), no funds may be made available
for direct government-to-government assistance without prior
consultation with, and notification of, the Committees on
Appropriations: Provided, That such notification shall contain
an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000
and all funds available for cash transfer, budget support, and
cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or the
Secretary has credible information of material misuse of such
assistance, unless the Administrator or the Secretary reports
to the Committees on Appropriations that it is in the national
interest of the United States to continue such assistance,
including a justification, or that such misuse has been
appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2019 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Report.--Not later than 90 days after the enactment of
this Act and every 6 months thereafter until September 30,
2019, the USAID Administrator shall submit to the Committees on
Appropriations a report that--
(A) details all assistance described in paragraph
(1) provided during the previous 6-month period by
country, funding amount, source of funds, and type of
such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of any
foreign country for debt service payments owed by any country
to any international financial institution: Provided, That for
purposes of this paragraph, the term ``international financial
institution'' has the meaning given the term in section
7034(r)(3) of this Act.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen the
``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76; 128
Stat. 510).
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements
consistent with those in subsection (a)(1), and the public
disclosure of national budget documentation (to include
receipts and expenditures by ministry) and government contracts
and licenses for natural resource extraction (to include
bidding and concession allocation practices).
(3) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall make
or update any determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum requirements of
fiscal transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report'' to be
posted on the Department of State Web site: Provided, That the
Secretary shall identify the significant progress made by each
such government to publicly disclose national budget
documentation, contracts, and licenses which are additional to
such information disclosed in previous fiscal years, and
include specific recommendations of short- and long-term steps
such government should take to improve fiscal transparency:
Provided further, That the annual report shall include a
detailed description of how funds appropriated by this Act are
being used to improve fiscal transparency, and identify
benchmarks for measuring progress.
(4) Assistance.--Funds appropriated under title III of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition to
funds otherwise available for such purposes: Provided further,
That a description of the uses of such funds shall be included
in the annual ``Fiscal Transparency Report'' required by
paragraph (3).
(c) Anti-Kleptocracy and Human Rights.--
(1)(A) Ineligibility.--Officials of foreign governments and
their immediate family members about whom the Secretary of
State has credible information have been involved in
significant corruption, including corruption related to the
extraction of natural resources, or a gross violation of human
rights shall be ineligible for entry into the United States.
(B) The Secretary shall also publicly or privately
designate or identify officials of foreign governments and
their immediate family members about whom the Secretary has
such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible if
entry into the United States would further important United
States law enforcement objectives or is necessary to permit the
United States to fulfill its obligations under the United
Nations Headquarters Agreement: Provided, That nothing in
paragraph (1) shall be construed to derogate from United States
Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) with respect to an individual if the Secretary
determines that the waiver would serve a compelling national
interest or that the circumstances which caused the individual
to be ineligible have changed sufficiently.
(4) Report.--Not later than 6 months after enactment of
this Act, the Secretary of State shall submit a report,
including a classified annex if necessary, to the Committees on
Appropriations and the Committees on the Judiciary describing
the information related to corruption or violation of human
rights concerning each of the individuals found ineligible in
the previous 12 months pursuant to paragraph (1)(A) as well as
the individuals who the Secretary designated or identified
pursuant to paragraph (1)(B), or who would be ineligible but
for the application of paragraph (2), a list of any waivers
provided under paragraph (3), and the justification for each
waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State Web site.
(6) Clarification.--For purposes of paragraphs (1)(B), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States pertaining
to the issuance or refusal of visas or permits to enter the
United States shall not be considered confidential.
(d) Networks of Corruption.--If the Secretary of State has credible
information of networks of corruption involving the participation of,
or support from, a senior official in a country that receives
assistance funded by this Act under titles III or IV, the Secretary
shall update the report on such networks required by section 7031(d) of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31), which shall
also include the information required under this section in the report
accompanying this Act.
(e) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict diamonds, and
provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) United states policy.--
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions,
and post on the Department of the Treasury Web site,
that it is the policy of the United States to vote
against any assistance by such institutions (including
any loan, credit, grant, or guarantee) to any country
for the extraction and export of a natural resource if
the government of such country has in place laws,
regulations, or procedures to prevent or limit the
public disclosure of company payments as required by
United States law, and unless such government has
adopted laws, regulations, or procedures in the sector
in which assistance is being considered for--
(i) accurately accounting for and public
disclosure of payments to the host government
by companies involved in the extraction and
export of natural resources;
(ii) the independent auditing of accounts
receiving such payments and public disclosure
of the findings of such audits; and
(iii) public disclosure of such documents
as Host Government Agreements, Concession
Agreements, and bidding documents, allowing in
any such dissemination or disclosure for the
redaction of, or exceptions for, information
that is commercially proprietary or that would
create competitive disadvantage.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the
capacity of such government to meet the requirements of
this subparagraph.
(f) Foreign Assistance Web Site.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the Department of State foreign assistance Web
site: Provided, That all Federal departments and agencies funded under
this Act shall provide such information on foreign assistance, upon
request, to the Department of State.
democracy programs
Sec. 7032. (a) Funding.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $2,308,517,000 shall be made available for
democracy programs.
(b) Authority.--Funds made available by this Act for democracy
programs may be made available notwithstanding any other provision of
law, and with regard to the National Endowment for Democracy (NED), any
regulation.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states, and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law, as
determined by the Secretary of State or the USAID Administrator, as
appropriate.
(e) Restriction on Prior Approval.--With respect to the provision
of assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country: Provided, That the
Secretary of State, in coordination with the USAID Administrator, shall
report to the Committees on Appropriations, not later than 120 days
after enactment of this Act, detailing steps taken by the Department of
State and USAID to comply with the requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall continue to
implement civil society and political competition and consensus
building programs abroad with funds appropriated by this Act in a
manner that recognizes the unique benefits of grants and cooperative
agreements in implementing such programs: Provided, That nothing in
this paragraph shall be construed to affect the ability of any entity,
including United States small businesses, from competing for proposals
for USAID-funded civil society and political competition and consensus
building programs.
(g) Country Strategy Strategic Reviews.--Prior to the obligation of
funds made available by this Act for Department of State and USAID
democracy programs for a nondemocratic or democratic transitioning
country for which a country strategy has been concluded after the date
of enactment of this Act, as required by section 2111(c)(1) of the
ADVANCE Democracy Act of 2007 (title XXI of Public Law 110-53; 22
U.S.C. 8211) or similar provision of law or regulation, the Under
Secretary for Civilian Security, Democracy and Human Rights, Department
of State, in consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State, and the Assistant
Administrator for Democracy, Conflict, and Humanitarian Assistance,
USAID, shall review such strategy to ensure that it includes--
(1) specific goals and objectives for such program,
including a specific plan and timeline to measure impacts;
(2) an assessment of the risks associated with the conduct
of such program to intended beneficiaries and implementers,
including steps to support and protect such individuals; and
(3) the funding requirements to initiate and sustain such
program in fiscal year 2018 and subsequent fiscal years, as
appropriate:
Provided, That for the purposes of this subsection, the term
``nondemocratic or democratic transitioning country'' shall have the
same meaning as in section 2104(6) of the ADVANCE Democracy Act of
2007.
(h) Communication and Report.--
(1) Informing the national endowment for democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID, shall
regularly inform the National Endowment for Democracy of
democracy programs that are planned and supported by funds made
available by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs.
(2) Reports.--
(A) Funding instruments.--Not later than September
30, 2018, the Secretary of State and USAID
Administrator shall each submit to the Committees on
Appropriations a report detailing the use of contracts,
grants, and cooperative agreements in the conduct of
democracy programs with funds made available by the
Department of State, Foreign Operations, and Related
Programs Act, 2017 (division J of Public Law 115-31),
which shall include funding level, account, program
sector and subsector, and a brief summary of purpose.
(B) Program changes.--The Secretary of State or the
USAID Administrator, as appropriate, shall report to
the appropriate congressional committees within 30 days
of a decision to significantly change the objectives or
the content of a democracy program or to close such a
program due to the increasingly repressive nature of
the host country government: Provided, That the report
shall also include a strategy for continuing support
for democracy promotion, if such programming is
feasible, and may be submitted in classified form, if
necessary.
(i) Transparency.--The USAID Administrator shall publish on the
USAID Web site the justification for the choice of instrument for each
democracy program funded by this Act that exceeds $2,000,000.
(j) Protection of Civil Society Activists.--
(1) In general.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'', not
less than $15,000,000 shall be made available to implement a
United States inter-agency strategy to support and protect
civil society activists, including human rights and
environmental defenders and independent journalists, in
countries where such activists have been threatened and killed
for peacefully exercising their rights of free expression,
association, and assembly.
(2) Responsibility.--The inter-agency strategy described in
paragraph (1) shall be developed and implemented by the
Assistant Secretary for Democracy, Human Rights, and Labor
(DRL), Department of State, in coordination with the relevant
bureaus and offices of the Department of State and USAID.
(3) Guidance and consultation.--Funds made available
pursuant to paragraph (1) shall be made available in accordance
with the guidance under this section in the report accompanying
the Act, and following consultation with the Committees on
Appropriations.
(4) Clarification.--Funds made available pursuant to
paragraph (1) shall be administered by DRL and are in addition
to amounts otherwise made available for such purposes.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and Special
Envoy to Promote Religious Freedom.--
(1) Operations.--Of the funds appropriated by this Act
under the heading ``Diplomatic and Consular Programs'', not
less than $8,000,000 shall be made available for the Office of
International Religious Freedom, Bureau of Democracy, Human
Rights, and Labor, Department of State, of which not less than
$6,000,000 shall be made available for the Office of the
Ambassador-at-Large for International Religious Freedom, and
not less than $2,000,000 shall be made available for the
Special Envoy to Promote Religious Freedom of Religious
Minorities in the Near East and South Central Asia, as
authorized in the Near East and South Central Asia Religious
Freedom Act of 2014 (Public Law 113-161), including for support
staff.
(2) Curriculum.--Funds appropriated under the heading
``Diplomatic and Consular Programs'' and designated for the
Office of International Religious Freedom shall be made
available for the development and implementation of an
international religious freedom curriculum in accordance with
section 708(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4028(a)(2)).
(b) Assistance.--
(1) International religious freedom programs.--Of the funds
appropriated by this Act under the heading ``Democracy Fund''
and available for the Human Rights and Democracy Fund, not less
than $10,000,000 shall be made available for international
religious freedom programs: Provided, That the Ambassador-at-
Large for International Religious Freedom shall consult with
the Committees on Appropriations on the uses of such funds.
(2) Protection and investigation programs.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $10,000,000 shall be made available for
programs to protect vulnerable and persecuted religious
minorities: Provided, That a portion of such funds shall be
made available for programs to investigate the persecution of
such minorities by governments and non-state actors and for the
public dissemination of information collected on such
persecution, including on the Department of State Web site.
(3) Humanitarian programs.--Funds appropriated by this Act
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall be made available
for humanitarian assistance for vulnerable and persecuted
religious minorities, including victims of genocide designated
by the Secretary of State and other groups that have suffered
crimes against humanity and ethnic cleansing, to--
(A) facilitate the implementation of an immediate,
coordinated, and sustained response to provide
humanitarian assistance;
(B) enhance protection of conflict victims,
including those facing a dire humanitarian crisis and
severe persecution because of their faith or ethnicity;
and
(C) improve access to secure locations for
obtaining humanitarian and resettlement services.
(4) Transitional justice, reconciliation, and reintegration
programs.--Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law Enforcement''
that are made available for the Relief and Recovery Fund, not
less than $5,000,000 shall be made available to support
transitional justice, reconciliation, and reintegration
programs for vulnerable and persecuted religious minorities,
including in the Middle East and North Africa regions:
Provided, That such funds shall be matched, to the maximum
extent practicable, from sources other than the United States
Government.
(5) Responsibility of funds.--Funds made available by
paragraphs (1), (2), and (4) shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials.
(c) International Broadcasting.--Funds appropriated by this Act
under the heading ``Broadcasting Board of Governors, International
Broadcasting Operations'' shall be made available for programs related
to international religious freedom, including reporting on the
condition of vulnerable and persecuted religious groups.
(d) Atrocities Prevention.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $5,000,000 shall
be made available for programs to prevent atrocities and to implement
the recommendations of the Atrocities Prevention Board, including with
respect to the evaluation required by section 7033(d) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2016 (division K of Public Law 114-113): Provided, That the Under
Secretary for Civilian Security, Democracy, and Human Rights,
Department of State, shall be responsible for providing the strategic
policy direction for, and policy oversight of, funds made available
pursuant to this subsection to the Bureaus of International Narcotics
Control and Law Enforcement and Democracy, Human Rights, and Labor,
Department of State: Provided further, That such funds shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(e) Designation of Non-State Actors.--The President shall,
concurrent with the annual foreign country review required by section
402(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)(1)), review and identify any non-state actors in such countries
that have engaged in particularly severe violations of religious
freedom, and designate, in a manner consistent with such Act, each such
group as a non-state actor of particular concern for religious freedom
operating in such reviewed country or surrounding region: Provided,
That whenever the President designates such a non-state actor under
this subsection, the President shall, as soon as practicable after the
designation is made, submit a report to the appropriate congressional
committees detailing the reasons for such designation.
(f) Funding Clarification.--Funds made available pursuant to
subsections (b) and (d) are in addition to amounts otherwise made
available for such purposes.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of
such trafficking, may be made available notwithstanding any other
provision of law.
(b) Law Enforcement and Security.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries
undergoing democratic transition.
(3) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235) shall continue in effect during fiscal year
2018.
(4) Forensic assistance.--
(A) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$10,000,000, in addition to other funds in this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs that
are available for assistance for countries, shall be
made available for forensic anthropology assistance
related to the exhumation of mass graves and the
identification of victims of war crimes, genocide, and
crimes against humanity, which shall be administered by
the Assistant Secretary for Democracy, Human Rights,
and Labor, Department of State.
(B) Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'', up to $1,000,000 may be made available
for DNA assistance to combat human trafficking in
Central America and Mexico.
(5) International prison conditions.--Section 7065 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)
shall continue in effect during fiscal year 2018.
(6) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(7) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on funds
obligated and expended during fiscal year 2017, by country and
purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(8) Vetting report.--
(A) In general.--Not later than 90 days after
enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional
committees on foreign assistance cases submitted for
vetting for purposes of section 620M of the Foreign
Assistance Act of 1961 during the preceding fiscal
year, including--
(i) the total number of cases submitted,
approved, suspended, or rejected for human
rights reasons; and
(ii) for cases rejected, a description of
the steps taken to assist the foreign
government in taking effective measures to
bring the responsible members of the security
forces to justice, in accordance with section
620M(c) of the Foreign Assistance Act of 1961.
(B) Form.--The report required by this paragraph
shall be submitted in unclassified form, but may be
accompanied by a classified annex.
(9) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ``military training provided to foreign
military personnel by the Department of Defense and the
Department of State'' shall be deemed to include all military
training provided by foreign governments with funds
appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act as a major
non-NATO ally.
(10) Assistance to eliminate torture.--Funds appropriated
under titles III and IV of this Act shall be made available,
notwithstanding section 660 of the Foreign Assistance Act of
1961 and following consultation with the Committees on
Appropriations, for assistance to eliminate torture by foreign
police, military or other security forces in countries
receiving assistance from funds appropriated by this Act.
(11) Combat casualty care.--Funds appropriated by this Act
under the headings ``Peacekeeping Operations'' and ``Foreign
Military Financing Program'' that are made available for lethal
assistance, including to combat extremism, shall also be made
available for combat casualty care training and equipment,
except that such training and equipment shall meet the
standards set forth by the United States military.
(12) Global security contingency fund.--Of the funds
appropriated by this Act under the headings ``International
Narcotics Control and Law Enforcement'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'', up to
$10,000,000 may be transferred to, and merged with, funds
previously made available under the heading ``Global Security
Contingency Fund''.
(13) Withholding of assistance.--The Secretary of State
shall withhold funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs that are made available for
assistance for the central government of a country if the
Secretary determines and reports to the Committees on
Appropriations that such government has engaged in, planned, or
facilitated unconventional attacks against United States
Government personnel stationed or traveling abroad, including
through the use of acoustic technology.
(c) World Food Programme.--
(1) Contribution.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States
Agency for International Development, from this or any other
Act, may be made available as a general contribution to the
World Food Programme, notwithstanding any other provision of
law.
(2) Program to leverage additional contributions.--Funds
appropriated by this Act shall be made available to leverage
additional contributions for the World Food Programme from
sources other than the United States Government: Provided,
That the Secretary of State shall consult with the Committees
on Appropriations prior to obligating funds for such purpose.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-
Eastern European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the headings ``Economic Support Fund'' and ``Assistance
for Europe, Eurasia and Central Asia'' may be made available as
contributions to establish and maintain memorial sites of
genocide, subject to the regular notification procedures of the
Committees on Appropriations.
(3) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic and
Consular Programs'', up to $500,000 may be made available for
grants pursuant to section 504 of the Foreign Relations
Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d),
including to facilitate collaboration with indigenous
communities, and up to $1,000,000 may be made available for
grants to carry out the activities of the Cultural Antiquities
Task Force.
(4) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may not
exceed $100,000: Provided further, That no more than 10 such
awards may be made during fiscal year 2018: Provided further,
That for purposes of this paragraph the term ``innovation
incentive award'' means the provision of funding on a
competitive basis that--
(A) encourages and rewards the development of
solutions for a particular, well-defined problem
related to the alleviation of poverty; or
(B) helps identify and promote a broad range of
ideas and practices facilitating further development of
an idea or practice by third parties.
(5) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act of
1961, as amended, (Public Law 87-256; 22 U.S.C. 2451 et seq.),
except through the formal rulemaking process pursuant to the
Administrative Procedures Act and notwithstanding the
exceptions to such rulemaking process in such Act: Provided,
That funds made available for such purpose shall only be made
available after consultation with, and subject to the regular
notification procedures of, the Committees on Appropriations,
regarding how any proposed modification would affect the public
diplomacy goals of, and the estimated economic impact on, the
United States.
(e) Partner Vetting.--The Secretary of State and USAID
Administrator may initiate a partner vetting program to mitigate the
risk of diversion of foreign assistance, or make significant
modifications to any existing partner vetting program, only following
consultation with the Committees on Appropriations: Provided, That the
Secretary and Administrator should provide a direct vetting option for
prime awardees in any partner vetting program initiated after the date
of the enactment of this Act.
(f) Contingencies.--During fiscal year 2018, the President may use
up to $125,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(g) International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking
appropriate steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(h) Cultural Preservation Project Determination.--None of the funds
appropriated in titles I and III of this Act may be used for the
preservation of religious sites unless the Secretary of State or the
USAID Administrator, as appropriate, determines and reports to the
Committees on Appropriations that such sites are historically,
artistically, or culturally significant, that the purpose of the
project is neither to advance nor to inhibit the free exercise of
religion, and that the project is in the national interest of the
United States.
(i) Transfer of Funds for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the heading
``Protection of Foreign Missions and Officials'' unobligated balances
of expired funds appropriated under the heading ``Diplomatic and
Consular Programs'' for fiscal year 2018, except for funds designated
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, at no later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(j) Authority to Counter Extremism.--Funds made available by this
Act under the heading ``Economic Support Fund'' to counter extremism
may be made available notwithstanding any other provision of law
restricting assistance to foreign countries, except sections 502B and
620A of the Foreign Assistance Act of 1961: Provided, That the
Secretary of State, or the USAID Administrator, as appropriate, shall
consult with the Committees on Appropriations prior to exercising the
authority of this subsection.
(k) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--Section 7034(k) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue in effect during
fiscal year 2018.
(l) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2018'' for ``September 30, 2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32; 123 Stat. 1906) shall remain in effect
through September 30, 2018.
(3) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ``September 30,
2018'' for ``October 1, 2010'' in subparagraph (B).
(4) Overseas pay comparability and limitation.--
(A) Subject to the limitation described in
subparagraph (B), the authority provided by section
1113 of the Supplemental Appropriations Act, 2009
(Public Law 111-32; 123 Stat. 1904) shall remain in
effect through September 30, 2018.
(B) The authority described in subparagraph (A) may
not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the
Supplemental Appropriations Act, 2009 (Public Law 111-
32; 123 Stat. 1905)) a locality-based comparability
payment (stated as a percentage) that exceeds two-
thirds of the amount of the locality-based
comparability payment (stated as a percentage) that
would be payable to such member under section 5304 of
title 5, United States Code, if such member's official
duty station were in the District of Columbia.
(5) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2017'' and inserting ``2017, and 2018''; and
(ii) in subsection (e), by striking
``2017'' each place it appears and inserting
``2018''; and
(B) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2017'' and inserting
``2018''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations
Act, 2010 (Public Law 111-212; 124 Stat. 2332) shall remain in
effect through September 30, 2018.
(7) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
1011) is amended by striking ``2018'' and inserting
``2019''.
(B) Section 514(b)(2)(A) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``and 2018'' and inserting ``2018, and 2019''.
(m) Monitoring and Evaluation.--Funds appropriated by this Act that
are available for monitoring and evaluation of assistance under the
headings ``Development Assistance'', ``International Disaster
Assistance'' and ``Migration and Refugee Assistance'' shall, as
appropriate, be made available for the regular collection of feedback
obtained directly from beneficiaries on the quality and relevance of
such assistance: Provided, That the Department of State and USAID
shall, as appropriate, require implementing partners that receive funds
under such headings to establish procedures for regularly collecting
and responding to such feedback, inform the Department of State and
USAID of such procedures, and report to the Department of State and
USAID on actions taken in response to the feedback received: Provided
further, That the Department of State and USAID shall conduct regular
oversight to ensure that such feedback is collected and used by
implementing partners to maximize the cost-effectiveness and utility of
such assistance.
(n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for other global health and child
survival activities to the same extent as HIV/AIDS pharmaceuticals and
other products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriation Act,
2005 (Public Law 108-447) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds deposited
for such non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State shall
include in the congressional budget justification an accounting of
budgetary resources, disbursements, balances, and reimbursements
related to such fund.
(o) Loans and Enterprise Funds.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia
and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of loan guarantees for Egypt, Jordan, Iraq, Tunisia, and
Ukraine, which are authorized to be provided: Provided, That
amounts made available under this paragraph for the costs of
such guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a country.
(2) Enterprise funds.--Funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available to
establish and operate one or more enterprise funds for Egypt
and Tunisia: Provided, That the first, third and fifth
provisos under section 7041(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112-74; 125 Stat. 1223) shall
apply to funds appropriated by this Act under the heading
``Economic Support Fund'' for an enterprise fund or funds to
the same extent and in the same manner as such provision of law
applied to funds made available under such section (except that
the clause excluding subsection (d)(3) of section 201 of the
SEED Act shall not apply): Provided further, That in addition
to the previous proviso, the authorities in the matter
preceding the first proviso of such section may apply to any
such enterprise fund or funds: Provided further, That the
authority of any such enterprise fund or funds to provide
assistance shall cease to be effective on December 31, 2028.
(3) Designation requirement.--Funds made available pursuant
to paragraph (1) from prior Acts making appropriations for the
Department of State, foreign operations, and related programs
that were previously designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of such Act.
(4) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject
to prior consultation with the appropriate congressional
committees, and subject to the regular notification procedures
of the Committees on Appropriations.
(p) Local Sustainability Awards Program.--
(1) Of the funds appropriated by this Act under the
headings ``Development Assistance'', ``Economic Support Fund'',
and ``Assistance for Europe, Eurasia and Central Asia'', not
less than $47,000,000 shall be made available for the Local
Sustainability Awards Program pursuant to section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (22 U.S.C. 2151i), which may remain
available until September 30, 2022.
(2) For the purposes of section 7080 of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act 2015 (22 U.S.C. 2151i), ``eligible entities'' shall be
defined as small local, international, and United States-based
nongovernmental organizations, educational institutions, and
other small entities that have received less than a total of
$5,000,000 from USAID over the previous 5 fiscal years:
Provided, That departments or centers of such educational
institutions may be considered individually in determining such
eligibility.
(3) The ``Small Grants Program'' established pursuant to
section 7080 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (22 U.S.C. 2151i)
shall hereafter be referred to as the ``Local Sustainability
Awards Program''.
(q) Department of State Inspector General Waiver Authority.--
Section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929) is
amended by adding at the end the following new subsection:
``(h) Waiver of Annuity Limitations for Certain Rehired Foreign
Service Annuitants.--
``(1) The Inspector General shall have the authority to
waive the provisions of subsections (a) through (d) of section
824(a) (22 U.S.C. 4064(a)) on a case-by-case basis for an
annuitant reemployed by the Inspector General on a temporary
basis--
``(A) if, and for so long as, such waiver is
necessary due to an emergency involving a direct threat
to life or property or other unusual circumstances; or
``(B) if the annuitant is employed in a position
for which there is exceptional difficulty in recruiting
or retaining a qualified employee.
``(2) The Inspector General should prescribe procedures for
the exercise of any authority under paragraph (1)(B), including
criteria for any exercise of authority and procedures for a
delegation of authority.
``(3) A reemployed annuitant as to whom a waiver under this
subsection is in effect shall not be considered a participant
for the purposes of subchapter I or II of chapter 8 of the
Foreign Service Act of 1980 (22 U.S.C. 4041 et seq., 4071 et
seq.), or an employee for purposes of chapter 83 or 84 of title
5.''.
(r) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the Asian Development Bank, the
Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Southern kordofan reference.--Any reference to Southern
Kordofan in this or any other Act making appropriations for the
Department of State, foreign operations, and related programs
shall be deemed to include portions of Western Kordofan that
were previously part of Southern Kordofan prior to the 2013
division of Southern Kordofan.
(5) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
(6) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for
measuring progress, and a timeline for achieving such
goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or
planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(7) Clarification.--In this Act, the terms ``Assistant
Secretary'' and ``Under Secretary'' shall include individuals
appointed by the President and confirmed by the Senate to serve
in such designated positions, as well as individuals serving in
acting capacities or performing functions pursuant to alter ego
delegations with such designated ``Assistant Secretary'' and
``Under Secretary'' positions.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of Israel
and find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and
Jericho or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States and
officials of the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United States
Government business with such authority should continue to take place
in locations other than Jerusalem: Provided further, That as has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in the
Palestinian Authority), have social contacts, and have incidental
discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2018, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports on
the extent of Palestinian compliance with such benchmarks.
(d) Audits by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $500,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2018 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
(g) Report.--Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of chapter
2 of title II of the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13).
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with Hamas
and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and may
only be made available for assistance for the Government of
Egypt if the Secretary of State certifies and reports to the
Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(2) Economic support fund.--
(A) Funding.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', up to
$75,000,000 may be made available for assistance for
Egypt, of which not less than $35,000,000 should be
made available for higher education programs including
not less than $10,000,000 for scholarships for Egyptian
students with high financial need to attend not-for-
profit institutions of higher education: Provided,
That such funds shall be made available for democracy
programs, and for development programs in the Sinai:
Provided further, That such funds shall not be made
available for cash transfer assistance or budget
support unless the Secretary of State certifies and
reports to the appropriate congressional committees
that the Government of Egypt is taking consistent and
effective steps to stabilize the economy and implement
market-based economic reforms.
(B) Withholding.--The Secretary of State shall
withhold from obligation funds appropriated by this Act
under the heading ``Economic Support Fund'' for
assistance for Egypt, an amount of such funds that the
Secretary determines to be equivalent to that expended
by the United States Government for bail, and by
nongovernmental organizations for legal and court fees,
associated with democracy-related trials in Egypt until
the Secretary certifies and reports to the Committees
on Appropriations that the Government of Egypt has
dismissed the convictions issued by the Cairo Criminal
Court on June 4, 2013, in ``Public Prosecution Case No.
1110 for the Year 2012''.
(C) Limitation.--None of the funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs under the heading ``Economic Support Fund''
may be made available for a contribution, voluntary or
otherwise, to the ``Civil Associations and Foundations
Support Fund'', or any similar fund, established
pursuant to Law 70 on Associations and Other
Foundations Working in the Field of Civil Work
published in the Official Gazette of Egypt on May 29,
2017.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'', $1,000,000,000, to remain available until
September 30, 2019, may be made available for
assistance for Egypt: Provided, That 25 percent of
such funds shall be withheld from obligation until the
Secretary of State certifies and reports to the
Committees on Appropriations that the Government of
Egypt is taking effective steps to--
(i) advance democracy and human rights in
Egypt, including to govern democratically and
protect religious minorities and the rights of
women, which are in addition to steps taken
during the previous calendar year for such
purposes;
(ii) implement reforms that protect
freedoms of expression, association, and
peaceful assembly, including the ability of
civil society organizations, human rights
defenders, and the media to function without
interference;
(iii) release political prisoners and
provide detainees with due process of law;
(iv) hold Egyptian security forces
accountable, including officers credibly
alleged to have violated human rights;
(v) investigate and prosecute cases of
extrajudicial killings and forced
disappearances, including the torture and
murder Giulio Regeni, a University of Cambridge
doctoral student; and
(vi) provide regular access for United
States officials to monitor such assistance in
areas where the assistance is used:
Provided further, That such funds may be transferred
to an interest bearing account in the Federal Reserve
Bank of New York, following consultation with the
Committees on Appropriations: Provided further, That
the certification requirement of this paragraph shall
not apply to funds appropriated by this Act under such
heading for counterterrorism, border security, and
nonproliferation programs for Egypt.
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the
Secretary determines and reports to the Committees on
Appropriations that to do so is important to the
national security interest of the United States, and
submits a report to such Committees containing a
detailed justification for the use of such waiver and
the reasons why any of the requirements of subparagraph
(A) cannot be met.
(4) Oversight requirements.--The Secretary of State shall
take all practicable steps to ensure that mechanisms are in
place for monitoring, oversight, and control of funds made
available by this subsection for assistance for Egypt.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'', ``Economic
Support Fund'', and ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'' shall be used by the Secretary
of State--
(A) to support the United States policy to prevent
Iran from achieving the capability to produce or
otherwise obtain a nuclear weapon;
(B) to support an expeditious response to any
violation of the Joint Comprehensive Plan of Action or
United Nations Security Council Resolution 2231;
(C) to support the implementation and enforcement
of sanctions against Iran for support of terrorism,
human rights abuses, and ballistic missile and weapons
proliferation; and
(D) for democracy programs for Iran, to be
administered by the Assistant Secretary for Near
Eastern Affairs, Department of State, in consultation
with the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State.
(2) Continuation of prohibition.--The terms and conditions
of section 7041(c)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74; 125 Stat. 1224) shall
continue in effect during fiscal year 2018.
(3) Reports.--
(A) Semi-annual report.--The Secretary of State
shall submit to the Committees on Appropriations the
semi-annual report required by section 135 of the
Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
added by section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17; 129 Stat. 201).
(B) Sanctions report.--Not later than 180 days
after the date of enactment of this Act, the Secretary
of State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report on the status of the implementation
and enforcement of bilateral United States and
multilateral sanctions against Iran and actions taken
by the United States and the international community to
enforce such sanctions against Iran: Provided, That
the report shall also include any entities involved in
providing significant support for the development of a
ballistic missile by the Government of Iran after
October 1, 2015, including shipping and financing, and
note whether such entities are currently under United
States sanctions: Provided further, That such report
shall be submitted in an unclassified form, but may
contain a classified annex if necessary.
(c) Iraq.--
(1) Purposes.--Funds appropriated by this Act shall be made
available for assistance for Iraq to promote governance,
security, and internal and regional stability, including in the
Kurdistan Region of Iraq and other areas impacted by the
conflict in Syria, and among religious and ethnic minority
populations in Iraq: Provided, That the Secretary of State
shall consult with the Committees on Appropriations prior to
obligating funds made available for the Kurdistan Region of
Iraq.
(2) Basing rights agreement.--None of the funds
appropriated or otherwise made available by this Act may be
used by the Government of the United States to enter into a
permanent basing rights agreement between the United States and
Iraq.
(d) Jordan.--Of the funds appropriated by this Act under titles III
and IV, not less than $1,500,000,000 shall be made available for
assistance for Jordan, of which not less than: $1,082,400,000 shall be
made available under the heading ``Economic Support Fund'';
$400,000,000 shall be made available under the heading ``Foreign
Military Financing Program''; and $745,100,000 shall be made available
for budget support for the Government of Jordan.
(e) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for the Lebanese Internal Security Forces
(ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF
is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(2) Consultation.--Funds appropriated by this Act under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' that
are available for assistance for Lebanon may be made available
for programs and equipment for the ISF and the LAF to address
security and stability requirements in areas affected by the
conflict in Syria, following consultation with the appropriate
congressional committees.
(3) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are available
for assistance for Lebanon may be made available
notwithstanding section 1224 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2346 note).
(4) Foreign military financing program.--In addition to the
activities described in paragraph (2), funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' for assistance for Lebanon may be made available only
to professionalize the LAF and to strengthen border security
and combat terrorism, including training and equipping the LAF
to secure Lebanon's borders, interdicting arms shipments,
preventing the use of Lebanon as a safe haven for terrorist
groups, and to implement United Nations Security Council
Resolution 1701: Provided, That funds may not be obligated for
assistance for the LAF until the Secretary of State submits to
the Committees on Appropriations a spend plan, including
actions to be taken to ensure equipment provided to the LAF is
only used for the intended purposes, except such plan may not
be considered as meeting the notification requirements under
section 7015 of this Act or under section 634A of the Foreign
Assistance Act of 1961, and shall be submitted not later than
September 1, 2018: Provided further, That any notification
submitted pursuant to such sections shall include any funds
specifically intended for lethal military equipment.
(f) Libya.--
(1) Funding.--Funds appropriated by titles III and IV of
this Act shall be made available for assistance for Libya for
programs to strengthen governing institutions and civil
society, improve border security, and promote stability in
Libya, and for activities to address the humanitarian needs of
the people of Libya.
(2) Limitations.--
(A) Cooperation on the september 2012 attack on
united states personnel and facilities.--None of the
funds appropriated by this Act may be made available
for assistance for the central Government of Libya
unless the Secretary of State certifies and reports to
the Committees on Appropriations that such government
is cooperating with United States Government efforts to
investigate and bring to justice those responsible for
the attack on United States personnel and facilities in
Benghazi, Libya in September 2012: Provided, That the
limitation in this paragraph shall not apply to funds
made available for the purpose of protecting United
States Government personnel or facilities.
(B) Infrastructure projects.--The limitation on the
uses of funds in section 7041(f)(2) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-
76; 128 Stat. 525) shall apply to funds appropriated by
this Act that are made available for assistance for
Libya.
(3) Certification.--Prior to the initial obligation of
funds made available by this Act for assistance for Libya, the
Secretary of State shall certify and report to the Committees
on Appropriations that all practicable steps have been taken to
ensure that mechanisms are in place for monitoring, oversight,
and control of funds made available by this subsection for
assistance for Libya.
(g) Morocco.--Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are available for
assistance for Morocco may only be used for the purposes described in
section 7041(h)(2) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of Public Law
115-31).
(h) Relief and Recovery Fund.--
(1) In general.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', and ``Foreign
Military Financing Program'', not less than $500,000,000 shall
be made available for the Relief and Recovery Fund for
assistance for areas liberated or at risk from, or under the
control of, the Islamic State of Iraq and Syria, other
terrorist organizations, or violent extremist organizations in
and around the Near East and Africa: Provided, That such funds
are in addition to amounts otherwise made available for such
purposes and to amounts specifically designated in this Act or
in the report accompanying this Act for assistance for
countries.
(2) Concurrence.--Funds made available pursuant to
paragraph (1) may only be made available with the concurrence
of the Chief of Mission in a country where such areas are
present, or the Special Envoy for Syria, as appropriate.
(3) Transfer authority.--Funds appropriated under the
headings pursuant to paragraph (1) may be transferred to, and
merged with, funds appropriated under such headings: Provided,
That such transfer authority is in addition to any other
transfer authority provided by this Act or any other Act, and
is subject to the regular notification procedures of the
Committees on Appropriations.
(4) Transitional justice.--Of the funds appropriated by
this Act under the heading ``International Narcotics Control
and Law Enforcement'' that are made available for the Relief
and Recovery Fund, not less than $5,000,000 shall be made
available for programs to promote accountability in Iraq and
Syria for genocide, crimes against humanity, and war crimes,
which shall be in addition to any other funds made available by
this Act for such purposes: Provided, That such programs shall
include components to develop local investigative and judicial
skills, and to collect and preserve evidence and maintain the
chain of custody of evidence, including for use in
prosecutions: Provided further, That such funds shall be
administered by the Special Coordinator for the Office of
Global Criminal Justice, Department of State.
(5) Cost-matching basis.--Funds appropriated pursuant to
paragraph (1) shall be made available to the maximum extent
practicable on a cost-matching basis from sources other than
the United States Government.
(i) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'', and
``Peacekeeping Operations'' shall be made available, to the
extent practicable and notwithstanding any other provision of
law, for non-lethal assistance, including for the armed
opposition in Syria, programs to address the needs of civilians
affected by conflict in Syria, and programs that seek to--
(A) establish local governance in Syria that is
representative, inclusive, and accountable;
(B) empower women through political and economic
programs, and address the psychosocial needs of women
and their families in Syria and neighboring countries;
(C) develop and implement political processes that
are democratic, transparent, and strengthen the rule of
law;
(D) further the legitimacy and viability of the
Syrian opposition and local government structures in
Syria;
(E) develop and sustain civil society and
independent media in Syria;
(F) promote stability and economic development in
Syria;
(G) document, investigate, and prosecute human
rights violations in Syria, including through
transitional justice programs and support for
nongovernmental organizations;
(H) expand the role of women in negotiations to end
the violence and in any political transition in Syria;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher
education requirements at universities and other
academic institutions in the region, and through
distance learning;
(J) assist vulnerable populations in Syria and in
neighboring countries;
(K) protect and preserve the cultural identity of
the people of Syria as a counterbalance to extremism,
particularly those living in neighboring countries and
among youth;
(L) protect and preserve cultural heritage sites in
Syria, particularly those damaged and destroyed by
extremists;
(M) counter extremism in Syria; and
(N) facilitate the return of displaced persons to
liberated areas in Syria, including through demining
and unexploded ordnance clearance programs.
(2) Syrian organizations.--Funds appropriated by this Act
that are made available for assistance for Syria pursuant to
the authority of this subsection shall be made available, on an
open and competitive basis, to continue a program to strengthen
the capability of Syrian civil society organizations to address
the immediate and long-term needs of the Syrian people in Syria
in a manner that supports the sustainability of such
organizations in implementing Syrian-led humanitarian and
development programs and the comprehensive strategy required in
section 7041(i)(3) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76; 128 Stat. 527), which shall
be updated as appropriate: Provided, That funds made available
by this paragraph shall be administered by the Bureau for
Democracy, Human Rights, and Labor, Department of State.
(3) Limitation.--None of the funds appropriated by this Act
for assistance for Syria may be made available for a project or
activity that supports or otherwise legitimizes the Government
of Iran, foreign terrorist organizations (as designated
pursuant to section 219 of the Immigration and Nationality Act
(8 U.S.C. 1189)), or a proxy of Iran in Syria.
(4) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Tunisia.--Of the funds appropriated under titles III and IV of
this Act, not less than $165,400,000 shall be made available for
assistance for Tunisia.
(k) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank and
Gaza, the Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and
accountable government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``Economic Support Fund'' in this Act may be
made available for assistance for the Palestinian
Authority, if after the date of enactment of this Act--
(I) the Palestinians obtain the same
standing as member states or full membership as
a state in the United Nations or any
specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians;
or
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support
such an investigation, that subjects Israeli
nationals to an investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive the
restriction in clause (i) of this subparagraph
resulting from the application of subclause (I) of such
clause if the Secretary certifies to the Committees on
Appropriations that to do so is in the national
security interest of the United States, and submits a
report to such Committees detailing how the waiver and
the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of
section 1003 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (Public Law 100-204) if
the President determines and certifies in writing to
the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the
appropriate congressional committees that the
Palestinians have not, after the date of enactment of
this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel
and the Palestinians; and
(II) taken any action with respect to the
ICC that is intended to influence a
determination by the ICC to initiate a
judicially authorized investigation, or to
actively support such an investigation, that
subjects Israeli nationals to an investigation
for alleged crimes against Palestinians.
(ii) Not less than 90 days after the President is
unable to make the certification pursuant to clause (i)
of this subparagraph, the President may waive section
1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that the
Palestinians have entered into direct and meaningful
negotiations with Israel: Provided, That any waiver of
the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under
the preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph
shall be effective for no more than a period of 6
months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(3) Payments for acts of terrorism.--
(A) Limitation.--
(i) In general.--Funds appropriated by this
Act under the heading ``Economic Support Fund''
that are made available for assistance for the
West Bank and Gaza that directly benefit the
Palestinian Authority may only be made
available if the Secretary of State certifies
and reports to the appropriate congressional
committees that the Palestinian Authority--
(I) is taking credible steps to end
acts of violence against Israeli
citizens and United States citizens
that are perpetrated by individuals
under its jurisdictional control, such
as the March 2016 attack that killed
former United States Army officer
Taylor Force, a veteran of the wars in
Iraq and Afghanistan;
(II) has terminated payments for
acts of terrorism against Israeli
citizens and United States citizens to
any individual, after being fairly
tried, who has been imprisoned for such
acts of terrorism and to any individual
who died committing such acts of
terrorism, including to a family member
of such individuals;
(III) has revoked any law, decree,
regulation, or document authorizing or
implementing a system of compensation
for imprisoned individuals that uses
the sentence or period of incarceration
of an individual to determine the level
of compensation paid; and
(IV) is publicly condemning such
acts of violence and is taking steps to
investigate or is cooperating in
investigations of such acts of
terrorism to bring the perpetrators to
justice.
(ii) Exception.--The limitation of this
paragraph shall not apply to funds made
available to the East Jerusalem Hospital
Network.
(iii) Rule of construction.--Amounts
withheld pursuant to this paragraph shall be
deemed to satisfy any similar withholding or
reduction required under any other provision of
law.
(B) Availability.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are
made available for assistance for the West Bank and
Gaza that directly benefit the Palestinian Authority
may only be made available for such purpose if, not
later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary
of States certifies and reports to the appropriate
congressional committees that the Palestinian Authority
is taking credible and verifiable steps to end acts of
violence against Israeli citizens and United States
citizens that are perpetrated by individuals under its
jurisdictional control.
(C) Palestinian authority accountability fund.--
(i) Establishment.--There is established in
the Treasury a fund to be known as the
``Palestinian Authority Accountability Fund''
(PAAF), which shall consists of funds withheld
pursuant to subparagraphs (A) and (B).
(ii) Use of funds.--Funds from the PAAF may
be made available upon a certification by the
Secretary of State to the appropriate
congressional committees that the Palestinian
Authority has met the conditions set forth in
subparagraph (A).
(iii) Disposition of unused funds.--On the
date that is one year after the date of the
enactment of this Act, and annually thereafter,
all funds that are in the PAAF shall be
withdrawn and made available to the Department
of State for the purposes of assistance other
than that deemed benefitting the Palestinian
Authority.
(D) Reporting requirement.--Not later than 180 days
after enactment of this Act, the Secretary of State
shall submit to the appropriate congressional
committees a report, which shall be submitted in
unclassified form but may include a classified annex,
including at a minimum--
(i) an estimate of the amount expended by
the Palestinian Authority during the previous
calendar year as payments for acts of terrorism
by individuals who are imprisoned for such
acts;
(ii) an estimate of the amount expended by
the Palestinian Authority during the previous
calendar year as payments to the families of
deceased individuals who committed an act of
terrorism;
(iii) an overview of Palestinian laws,
decrees, regulations, or documents in effect
during the previous calendar year that
authorize or implement any payments reported
under clauses (i) and (ii);
(iv) a description of United States
Government policy, efforts, and engagement with
the Palestinian Authority in order to confirm
the revocation of any law, decree, regulation,
or document in effect the previous calendar
year that authorizes or implements any payments
reported under clauses (i) and (ii); and
(v) a description of United States
Government policy, efforts, and engagement with
other governments, and the United Nations, to
highlight the issue of Palestinian payments for
acts of terrorism and to urge other nations to
join the United States in calling on the
Palestinian Authority to end this system
immediately.
(4) Reports.--
(A) Security strategy.--The reporting requirements
in section 1404 of the Supplemental Appropriations Act,
2008 (Public Law 110-252; 122 Stat. 2336) shall apply
to funds made available by this Act, including a
description of modifications, if any, to the security
strategy of the Palestinian Authority.
(B) Counter incitement.--Not later than 90 days
after enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional
committees detailing steps taken by the Palestinian
Authority to counter incitement of violence against
Israelis and to promote peace and coexistence with
Israel.
(l) Western Sahara.--
(1) Assistance and consultation.--Funds appropriated under
title III of this Act may be made available for assistance for
the people of Western Sahara following consultation with the
Committees on Appropriations and with representatives of the
United Nations Mission for the Referendum in the Western
Sahara.
(2) United states policy.--Nothing in this Act shall be
construed to change the policy of the United States to find a
peaceful, sustainable, and mutually agreed upon solution for
the Western Sahara.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
Funds appropriated by this Act under the heading ``International
Military Education and Training'' for the central government of a
country in the African Great Lakes region may be made available only
for Expanded International Military Education and Training and
professional military education until the Secretary of State determines
and reports to the Committees on Appropriations that such government is
not facilitating or otherwise participating in destabilizing activities
in a neighboring country, including aiding and abetting armed groups.
(b) Boko Haram.--Funds appropriated by this Act that are made
available for assistance for Cameroon, Chad, Niger, and Nigeria--
(1) shall be made available for assistance for women and
girls who are targeted by the terrorist organization Boko
Haram, consistent with the provisions of section 7059 of this
Act, and for individuals displaced by Boko Haram violence; and
(2) may be made available for counterterrorism programs to
combat Boko Haram.
(c) Central African Republic.--Funds made available by this Act for
assistance for the Central African Republic shall be made available for
reconciliation and peacebuilding programs, including activities to
promote inter-faith dialogue at the national and local levels, and for
programs to prevent crimes against humanity.
(d) Ethiopia.--
(1) Forced evictions.--
(A) Funds appropriated by this Act for assistance
for Ethiopia may not be made available for any activity
that supports forced evictions.
(B) The Secretary of the Treasury shall instruct
the United States executive director of each
international financial institution to use the voice
and vote of the United States to support projects in
Ethiopia only if such projects are developed and
carried out in accordance with the requirements of
section 7029(b)(2) of this Act.
(2) Consultation.--Programs and activities to improve
livelihoods shall include prior consultation with, and the
participation of, affected communities, including in the South
Omo and Gambella regions.
(3) Report.--Of the funds appropriated by this Act that are
available for assistance for Ethiopia, 25 percent may only be
made available after the Secretary of State submits the report
required under this heading in the report accompanying this
Act: Provided, That such withholding of funds shall not apply
to funds made available under the heading ``Foreign Military
Financing Program''.
(e) Lake Chad Basin Countries.--Funds appropriated by this Act
shall be made available for Cameroon, Chad, Niger, and Nigeria,
following consultation with the Committees on Appropriations, for--
(1) democracy programs, including to protect freedom of
expression, association, assembly, and religion, including
support for independent journalists, civil society, and
democratic political parties; and
(2) assistance for governments of such countries to
strengthen accountability and the rule of law, including within
the security forces.
(f) Lord's Resistance Army.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than $10,000,000
shall be made available for programs and activities in areas affected
by the Lord's Resistance Army (LRA) consistent with the goals of the
Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of
2009 (Public Law 111-172), including to improve physical access,
telecommunications infrastructure, and early-warning mechanisms and to
support the disarmament, demobilization, and reintegration of former
LRA combatants, especially child soldiers.
(g) Malawi.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $56,000,000 shall be
made available for assistance for Malawi, of which up to $10,000,000
shall be made available for higher education programs.
(h) South Sudan.--
(1) Strategy update.--Not later than 60 days after
enactment of this Act, the Secretary of State, in consultation
with the USAID Administrator, shall submit an update to the
strategy required in section 7042(i) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2017 (division J of Public Law 115-31).
(2) Certification.--None of the funds appropriated by this
Act that are available for assistance for the central
Government of South Sudan may be made available until the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is taking effective steps
to--
(A) end hostilities and pursue good faith
negotiations for a political settlement of the
conflict;
(B) provide access for humanitarian organizations;
(C) end the recruitment and use of child soldiers;
(D) protect freedoms of expression, association,
and assembly;
(E) reduce corruption related to the extraction and
sale of oil and gas;
(F) establish democratic institutions;
(G) establish accountable military and police
forces under civilian authority; and
(H) investigate and prosecute individuals credibly
alleged to have committed gross violations of human
rights, including at the Terrain compound in Juba,
South Sudan on July 11, 2016.
(3) Exclusions.--The limitation of paragraph (2) shall not
apply to--
(A) humanitarian assistance;
(B) assistance to support South Sudan peace
negotiations or to advance or implement a peace
agreement; and
(C) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement
and mutual arrangements related to such Agreement.
(4) Consultation.--Prior to the initial obligation of funds
made available for the central Government of South Sudan
pursuant to paragraphs (3)(B) and (C), the Secretary of State
shall consult with the Committees on Appropriations on the
intended uses of such funds, steps taken by such government to
advance or implement a peace agreement, and progress made by
the Government of South Sudan in meeting the requirements in
paragraph (2).
(i) Sudan.--
(1) Limitations.--
(A) Assistance.--Notwithstanding any other
provision of law, none of the funds appropriated by
this Act may be made available for assistance for the
Government of Sudan.
(B) Loans.--None of the funds appropriated by this
Act may be made available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the
Government of Sudan, including the cost of selling,
reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees,
and credit agreements.
(2) Exclusions.--The limitations of paragraph (1) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern
Kordofan State, Blue Nile State, other marginalized
areas and populations in Sudan, and Abyei; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace
Agreement, mutual arrangements related to post-
referendum issues associated with such Agreement, or
any other internationally recognized viable peace
agreement in Sudan.
(j) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant to
the Government of Zimbabwe, except to meet basic human needs or
to promote democracy, unless the Secretary of State certifies
and reports to the Committees on Appropriations that the rule
of law has been restored, including respect for ownership and
title to property, and freedoms of expression, association, and
assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education, unless
the Secretary of State certifies and reports as required in
paragraph (1), and funds may be made available for
macroeconomic growth assistance if the Secretary reports to the
Committees on Appropriations that such government is
implementing transparent fiscal policies, including public
disclosure of revenues from the extraction of natural
resources.
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--
(A) Economic support fund.--Funds appropriated by
this Act under the heading ``Economic Support Fund''
for assistance for Burma may be made available
notwithstanding any other provision of law, except for
this subsection, and following consultation with the
appropriate congressional committees.
(B) Uses.--Funds appropriated under title III of
this Act for assistance for Burma--
(i) shall be made available to strengthen
civil society organizations in Burma and for
programs to strengthen independent media;
(ii) shall be made available for community-
based organizations operating in Thailand to
provide food, medical, and other humanitarian
assistance to internally displaced persons in
eastern Burma, in addition to assistance for
Burmese refugees from funds appropriated by
this Act under the heading ``Migration and
Refugee Assistance'';
(iii) shall be made available for programs
to promote ethnic and religious tolerance,
including in Rakhine and Kachin states;
(iv) shall be made available to promote
rural economic development in Burma, including
through microfinance and sustainable power
generation programs;
(v) shall be made available to increase
opportunities for foreign direct investment by
strengthening the rule of law, transparency,
and accountability;
(vi) may not be made available to any
individual or organization if the Secretary of
State has credible information that such
individual or organization has committed a
gross violation of human rights, including
against Rohingya and other minority groups, or
that advocates violence against ethnic or
religious groups or individuals in Burma;
(vii) may not be made available to any
organization or entity controlled by the armed
forces of Burma; and
(viii) may be made available for programs
administered by the Office of Transition
Initiatives, United States Agency for
International Development, for ethnic groups
and civil society in Burma to help sustain
ceasefire agreements and further prospects for
reconciliation and peace, which may include
support to representatives of ethnic armed
groups for this purpose.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That the Department of State may continue
consultations with the armed forces of Burma only on human
rights and disaster response in a manner consistent with the
prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) Multilateral assistance.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to support projects in Burma only if such
projects are developed and carried out in accordance with the
requirements of section 7029(b)(2) of this Act.
(4) Certification.--Notwithstanding any provision of this
subsection, of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made available for
assistance for Burma, 15 percent may not be obligated until the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Burma--
(A) has terminated military cooperation with North
Korea;
(B) is respecting human rights and the rule of law,
particularly regarding the arrest and prosecution of
three journalists in Shan state in June, 2017 and two
Kachin pastors in December, 2016;
(C) is revising and updating colonial-era laws that
are used in such prosecutions; and
(D) is credibly investigating the murder of U Ko
Ni, and is taking steps to protect and defend the
security and safety of other activists.
(5) Programs, position, and responsibilities.--
(A) Any new program or activity in Burma initiated
in fiscal year 2018 shall be subject to prior
consultation with the appropriate congressional
committees.
(B) Section 7043(b)(7) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2015 (division J of Public Law 113-235) shall
continue in effect during fiscal year 2018.
(C) The United States Chief of Mission in Burma, in
consultation with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of
State, shall be responsible for democracy and human
rights programs in Burma.
(b) Cambodia.--
(1) Conditions on assistance.--None of the funds
appropriated by this Act that are made available for assistance
for the central Government of Cambodia may be obligated or
expended unless the Secretary of State certifies and reports to
the Committees on Appropriations that such government--
(A) is taking effective steps to strengthen
regional security and stability, particularly regarding
territorial disputes in the South China Sea;
(B) has ceased efforts to intimidate civil society
and the political opposition in Cambodia, is credibly
investigating the murder of social and political
activists, and is taking steps to address the concerns
detailed in the September 14, 2016 United Nations Human
Rights Situation in Cambodia--Joint Statement; and
(C) is supporting the conduct of free and fair
elections in Cambodia through a non-partisan election
commission; fair election processes; open and inclusive
participation, to include the return of exiled former
opposition leaders and the release of jailed opposition
leaders and civil society activists; respect for
freedoms of assembly, speech, and the press; and
credible post-election dispute resolution mechanisms.
(2) Inadmissability of cambodian officials who undermine
democracy in cambodia.--For purposes of administering clause
(i) of section 212(a)(3)(C) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(C)) with funds made available by this
Act, the Secretary of State shall consider as having
``potentially serious adverse foreign policy consequences'' any
efforts to undermine democracy and human rights in Cambodia by
officials of the Government of Cambodia: Provided, That the
exception of clause (ii) of such section shall not apply to
this subsection.
(c) North Korea.--
(1) Withholding of funds.--
(A) Capabilities.--None of the funds appropriated
by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and
related programs may be made available for assistance
for the central government of a country the Secretary
of State determines and reports to the appropriate
congressional committees is knowingly contributing,
directly or indirectly, to the nuclear, ballistic
missile, or malicious cyber-intrusion capabilities of
the Government of North Korea.
(B) Review.--The Secretary of State shall review
sanctions applied pursuant to the North Korea Sanctions
and Policy Enhancement Act of 2016 (Public Law 114-122)
and the Countering America's Adversaries Through
Sanctions Act (Public Law 115-44), as well as any other
relevant provision of law imposing sanctions for
nuclear, ballistic missile, and cyber misconduct, to
determine whether the restriction of subparagraph (A)
shall apply to the central government of any country
whose agencies or instrumentalities are so sanctioned.
(C) Waiver.--The Secretary of State may waive the
application of the restriction in subparagraph (A) if
the Secretary determines and reports to the appropriate
congressional committees that to do so is important to
the national security interest of the United States,
including a description of the national security
interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at
levels not less than the prior fiscal year.
(3) Refugees.--Funds appropriated by this Act under the
heading ``Migration and Refugee Assistance'' should be made
available for assistance for refugees from North Korea,
including protection activities in the People's Republic of
China and other countries in Asia.
(4) Database and report.--Funds appropriated by this Act
under title III shall be made available to maintain a database
of prisons and gulags in North Korea, in accordance with
section 7032(i) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2014 (division K of
Public Law 113-76; 128 Stat. 513).
(5) Human rights promotion and limitation on use of
funds.--
(A) Human rights promotion.--Of the funds
appropriated by this Act under the heading ``Economic
Support Fund'', not less than $8,000,000 shall be made
available for the promotion of human rights in North
Korea: Provided, That the authority of section 7032(b)
of this Act shall apply to such funds.
(B) Limitation.--None of the funds made available
by this Act under the heading ``Economic Support Fund''
may be made available for assistance for the Government
of North Korea.
(d) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic and Consular
Programs'' in this Act may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China (PRC) unless, at
least 15 days in advance, the Committees on Appropriations are
notified of such proposed action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any entity
that the Secretary of State has reason to believe is owned or
controlled by, or an affiliate of, the PLA.
(3) Counter influence programs.--Funds appropriated by this
Act for public diplomacy under title I and for assistance under
titles III and IV shall be made available to counter the
influence of the PRC, in accordance with the strategy required
by section 7043(e)(3) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76; 128 Stat. 536), following
consultation with the Committees on Appropriations.
(4) Authority and notification requirement.--
(A) Authority.--The uses of funds made available by
this Act for the promotion of democracy in the PRC,
except for funds made available under subsection (f),
shall be the responsibility of the Assistant Secretary
for Democracy, Human Rights, and Labor, Department of
State.
(B) Notification.--Funds appropriated by this Act
that are made available for trilateral programs
conducted with the PRC shall be subject to the regular
notification procedures of the Committees on
Appropriations.
(e) Philippines.--
(1) International narcotics control and law enforcement.--
Funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' may be
made available for counternarcotics assistance for the
Philippine National Police only if the Secretary of State
certifies and reports to the Committees on Appropriations that
the Government of the Philippines has adopted and is
implementing a counternarcotics strategy that is in accordance
with international norms of due process, and is investigating
and prosecuting individuals who are credibly alleged to have
ordered, committed, or covered up extrajudicial killings and
other gross violations of human rights in the conduct of
counternarcotics operations in the Philippines: Provided, That
the limitation of this paragraph shall not apply to funds made
available for maritime programs.
(2) National drug treatment and demand reduction program.--
Funds appropriated by this Act that are made available for
assistance for the Philippines may be made available for the
Philippine Department of Health and local entities to support
the implementation of a national drug treatment and demand
reduction program only if the Secretary of State, in
consultation with the USAID Administrator, certifies and
reports to the appropriate congressional committees that the
Government of the Philippines is effectively implementing a
national strategy to support drug treatment and the prevention
of illicit drug use in a manner that is consistent with best
practices: Provided, That such funds shall be made available
only on a cost-matching basis: Provided further, That the
Secretary of State and USAID Administrator, as appropriate,
shall consult with the appropriate congressional committees
prior to the obligations of such funds.
(f) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice and
vote of the United States to support financing of projects in
Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Programs for tibetan communities.--
(A) Tibetan autonomous region.--Notwithstanding any
other provision of law, of the funds appropriated by
this Act under the heading ``Economic Support Fund'',
not less than $8,000,000 shall be made available to
nongovernmental organizations to support activities
which preserve cultural traditions and promote
sustainable development, education, and environmental
conservation in Tibetan communities in the Tibetan
Autonomous Region and in other Tibetan communities in
China.
(B) India and nepal.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'',
not less than $6,000,000 shall be made available for
programs to promote and preserve Tibetan culture,
development, and the resilience of Tibetan communities
in India and Nepal, and to assist in the education and
development of the next generation of Tibetan leaders
from such communities: Provided, That such funds are
in addition to amounts made available in subparagraph
(A) for programs inside Tibet.
(C) Tibetan governance.--Of the funds appropriated
by this Act under the heading ``Economic Support
Fund'', not less than $3,000,000 shall be made
available for programs to strengthen the capacity of
Tibetan institutions and governance.
(g) Vietnam.--
(1) Dioxin remediation.--Notwithstanding any other
provision of law, of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than
$20,000,000 shall be made available for activities related to
the remediation of dioxin contaminated sites in Vietnam and may
be made available for assistance for the Government of Vietnam,
including the military, for such purposes.
(2) Health and disability programs.--Of the funds
appropriated by this Act under the heading ``Development
Assistance'', not less than $10,000,000 shall be made available
for health and disability programs in areas sprayed with Agent
Orange and otherwise contaminated with dioxin, to assist
individuals with severe upper or lower body mobility impairment
or cognitive or developmental disabilities.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Assistance and conditions.--
(A) Funding and limitations.--Funds appropriated by
this Act under the headings ``Economic Support Fund''
and ``International Narcotics Control and Law
Enforcement'' may be made available for assistance for
Afghanistan: Provided, That such funds may not be
obligated for any project or activity that--
(i) includes the participation of any
Afghan individual or organization, including
government entity, if the Secretary of State
has credible information that such individual,
organization, or entity is involved in corrupt
practices, illicit narcotics production or
trafficking, or a violation of human rights;
(ii) cannot be sustained, as appropriate,
by the Government of Afghanistan or another
Afghan entity;
(iii) is not regularly accessible for the
purposes of conducting effective oversight in
accordance with applicable Federal statutes and
regulations; or
(iv) initiates any new, major
infrastructure development; and
(v) is conducted in areas not under the
control of the Government of Afghanistan and
where project and resource disbursement
monitoring cannot be performed, unless the
Secretary of State, in consultation with the
Administrator of the United States Agency for
International Development, certifies to the
Committees on Appropriations that to do so is
in the national security interest of the United
States, and submits a report to such Committees
describing such interest, including how such
project or activity does not legitimize the
Taliban.
(B) Certification and report.--Prior to the initial
obligation of funds made available by this Act under
the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement''
for assistance for the central Government of
Afghanistan, the Secretary of State shall certify and
report to the Committees on Appropriations, after
consultation with the Government of Afghanistan, that--
(i) goals and benchmarks for the specific
uses of such funds have been established by the
Governments of the United States and
Afghanistan;
(ii) conditions are in place that increase
the transparency and accountability of the
Government of Afghanistan for funds obligated
under the New Development Partnership or other
incentive-based programs;
(iii) the Government of Afghanistan is
implementing laws and policies to govern
democratically and protect the rights of
individuals, civil society, and the media;
(iv) the Government of Afghanistan is
taking effective steps, that are in addition to
steps taken during the previous calendar year,
to protect and advance the rights of women and
girls in Afghanistan;
(v) the Government of Afghanistan is
effectively implementing a whole-of-government,
anti-corruption strategy that has been endorsed
by the High Council on Rule of Law and Anti-
Corruption, as agreed to at the Brussels
Conference on Afghanistan in October 2016, and
is prosecuting individuals alleged to be
involved in corrupt or illegal activities in
Afghanistan;
(vi) monitoring and oversight frameworks
for programs implemented with such funds are in
accordance with all applicable audit policies
of the Department of State and USAID, including
in areas under the control of the Taliban or
other extremist organizations;
(vii) the necessary policies and procedures
are in place to ensure Government of
Afghanistan compliance with section 7013 of
this Act, ``Prohibition on Taxation of United
States Assistance''; and
(viii) the Government of Afghanistan is
publicly reporting its national budget,
including revenues and expenditures.
(C) Waiver.--The Secretary of State may waive the
certification requirement of subparagraph (B) if the
Secretary determines that to do so is important to the
national security interest of the United States and the
Secretary submits a report to the Committees on
Appropriations, in classified form if necessary, on the
justification for the waiver and the reasons why any of
the requirements of subparagraph (B) cannot be met.
(D) Programs.--Funds appropriated by this Act that
are made available for assistance for Afghanistan shall
be made available--
(i) for programs that protect and
strengthen the rights of women and girls and
promote the political and economic empowerment
of women, including their meaningful inclusion
in political processes: Provided, That such
assistance to promote economic empowerment of
women shall be made available as grants to
Afghan and international organizations, to the
maximum extent practicable;
(ii) for programs in South and Central Asia
to expand linkages between Afghanistan and
countries in the region; and
(iii) to assist the Government of
Afghanistan to develop and implement more
effective systems of revenue generation and
transparent budgetary processes.
(E) Certification.--None of the funds appropriated
by this Act for assistance for Afghanistan may be made
available for direct government-to-government
assistance unless the Secretary of State certifies and
reports to the Committees on Appropriations that United
States companies and organizations that are
implementing United States foreign assistance programs
in Afghanistan in a manner consistent with United
States laws and regulations are not subjected by such
government to taxes or other fees in contravention of
diplomatic and other agreements between the Governments
of the United States and Afghanistan, or to retaliation
for the nonpayment of taxes or fees imposed in the
past: Provided, That not later than 90 days after
enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations an
assessment of the dollar value of improper taxes or
fees levied by such government against such companies
and organizations in fiscal year 2017.
(2) Goals and benchmarks.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report describing
the goals and benchmarks required in paragraph (1)(B)(i):
Provided, That not later than 6 months after the submission of
such report and every 6 months thereafter until September 30,
2019, the Secretary of State shall submit a report to such
committees on the status of achieving such goals and
benchmarks: Provided further, That the Secretary of State
should suspend assistance for the Government of Afghanistan if
any report required by this paragraph indicates that such
government is failing to make measurable progress in meeting
such goals and benchmarks.
(3) Authorities.--
(A) Funds appropriated by this Act under title III
through VI that are made available for assistance for
Afghanistan may be made available--
(i) notwithstanding section 7012 of this
Act or any similar provision of law and section
660 of the Foreign Assistance Act of 1961;
(ii) for reconciliation programs and
disarmament, demobilization, and reintegration
activities for former combatants who have
renounced violence against the Government of
Afghanistan, in accordance with section
7046(a)(2)(B)(ii) of the Department of State,
Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public
Law 112-74; 125 Stat. 1235); and
(iii) for an endowment to empower women and
girls.
(B) Section 7046(a)(2)(A) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-
74; 125 Stat. 1235) shall apply to funds appropriated
by this Act for assistance for Afghanistan.
(C) Section 1102(c) of the Supplemental
Appropriations Act, 2009 (title XI of Public Law 111-
32; 123 Stat. 1896) shall continue in effect during
fiscal year 2018.
(4) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Nepal.--
(1) Assistance.--Not less than $121,480,000 of the funds
appropriated by this Act under the headings ``Global Health
Programs'', ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available for assistance for Nepal,
including for earthquake recovery and reconstruction programs.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' shall only be made available for humanitarian and
disaster relief and reconstruction activities in Nepal, and in
support of international peacekeeping operations: Provided,
That such funds may only be made available for any additional
uses if the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of Nepal is
investigating and prosecuting violations of human rights and
the laws of war, and the Nepal Army is cooperating fully with
civilian judicial authorities in such cases.
(c) Pakistan.--
(1) Certification.--None of the funds appropriated or
otherwise made available by this Act under the headings
``Economic Support Fund'', ``International Narcotics Control
and Law Enforcement'', and ``Foreign Military Financing
Program'' for assistance for the Government of Pakistan may be
made available unless the Secretary of State certifies and
reports to the Committees on Appropriations that the Government
of Pakistan is--
(A) cooperating with the United States in
counterterrorism efforts against the Haqqani Network,
the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-
Mohammed, Al-Qaeda, and other domestic and foreign
terrorist organizations, including taking effective
steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out
cross border attacks into neighboring countries;
(B) not supporting terrorist activities against
United States or coalition forces in Afghanistan, and
Pakistan's military and intelligence agencies are not
intervening extra-judicially into political and
judicial processes in Pakistan;
(C) not financing or otherwise supporting schools
supported by, affiliated with, or run by the Taliban or
any designated foreign terrorist organization;
(D) dismantling improvised explosive device (IED)
networks and interdicting precursor chemicals used in
the manufacture of IEDs;
(E) preventing the proliferation of nuclear-related
material and expertise;
(F) issuing visas in a timely manner for United
States visitors engaged in counterterrorism efforts and
assistance programs in Pakistan; and
(G) providing humanitarian organizations access to
detainees, internally displaced persons, and other
Pakistani civilians affected by the conflict.
(2) Waiver and reports.--
(A) The Secretary of State may waive the
certification requirement of paragraph (1) with respect
to funds appropriated or otherwise made available by
this Act under the headings ``Economic Support Fund''
and ``International Narcotics Control and Law
Enforcement'' for assistance for the Government of
Pakistan if the Secretary determines that to do so is
important to the national security interest of the
United States.
(B) The Secretary of State may waive the
certification requirement of paragraph (1) with respect
to 75 percent of the funds appropriated or otherwise
made available by this Act under the heading ``Foreign
Military Financing Program'' for assistance for the
Government of Pakistan if the Secretary determines that
to do so is important to the national security interest
of the United States: Provided, That funds withheld by
application of this subparagraph shall be withheld from
obligation until the Secretary submits to the
Committees on Appropriations the certification required
by paragraph (1).
(C) In exercising the authority of this paragraph,
the Secretary of State shall submit a report to the
Committees on Appropriations, in classified form if
necessary, on the justification for any waivers in
subparagraphs (A) and (B) and the reasons why any of
the requirements of paragraph (1) cannot be met.
(3) Assistance.--
(A) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for
assistance for Pakistan may be made available only to
support counterterrorism and counterinsurgency
capabilities in Pakistan.
(B) Funds appropriated by this Act under the
headings ``Economic Support Fund'' and
``Nonproliferation, Anti-terrorism, Demining and
Related Programs'' that are available for assistance
for Pakistan shall be made available to interdict
precursor materials from Pakistan to Afghanistan that
are used to manufacture IEDs, including calcium
ammonium nitrate; to support programs to train border
and customs officials in Pakistan and Afghanistan; and
for agricultural extension programs that encourage
alternative fertilizer use among Pakistani farmers.
(C) Funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made
available for assistance for infrastructure projects in
Pakistan shall be implemented in a manner that does not
exploit child labor, as described in section 507(6) of
the Trade Act of 1974 (19 U.S.C. 2467(6)).
(D) Funds appropriated by this Act under titles III
and IV for assistance for Pakistan may be made
available notwithstanding any other provision of law,
except for section 620M of the Foreign Assistance Act
of 1961.
(E) Of the funds appropriated under titles III and
IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from
obligation until the Secretary of State reports to the
Committees on Appropriations that Dr. Shakil Afridi has
been released from prison and cleared of all charges
relating to the assistance provided to the United
States in locating Osama bin Laden.
(4) Scholarships for women.--The authority and directives
of section 7044(d)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235; 128 Stat. 2654) shall apply
to funds appropriated by this Act that are made available for
assistance for Pakistan: Provided, That prior to the
obligation of funds for such purposes, the USAID Administrator
shall consult with the Committees on Appropriations.
(5) Reports.--
(A) Goals and benchmarks.--
(i) In general.--The spend plan required by
section 7076 of this Act for assistance for
Pakistan shall include realistic and
sustainable goals, benchmarks for measuring
progress, and expected results regarding
combating poverty and furthering development in
Pakistan, countering terrorism and extremism,
and establishing conditions conducive to the
rule of law and transparent and accountable
governance: Provided, That not later than 6
months after submission of such spend plan, and
each 6 months thereafter until September 30,
2019, the Secretary of State shall submit a
report to the Committees on Appropriations on
the status of achieving the goals and
benchmarks in such plan.
(ii) Suspension of assistance.--The
Secretary of State should suspend assistance
for the Government of Pakistan if any report
required by clause (i) indicates that Pakistan
is failing to make measurable progress in
meeting such goals or benchmarks.
(B) Significant infrastructure projects.--Not later
than 90 days after enactment of this Act, the Secretary
of State shall submit a report to the appropriate
congressional committees detailing the costs and
objectives associated with significant infrastructure
projects supported by the United States in Pakistan,
and an assessment of the extent to which such projects
achieve such objectives: Provided, That such report
shall be posted on the Department of State and USAID
Web sites.
(6) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Pakistan.
(d) Sri Lanka.--
(1) Bilateral economic assistance.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $35,000,000 shall be made available for
assistance for Sri Lanka for economic development and democracy
programs, particularly in areas recovering from ethnic and
religious conflict: Provided, That such funds shall be made
available for programs to assist in the identification and
resolution of cases of missing persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be made
available only if the Secretary of State certifies and reports
to the Committees on Appropriations that the Government of Sri
Lanka is--
(A) repealing laws that do not comply with
international standards for arrest and detention, and
ensuring that any successor legislation meets such
standards;
(B) increasing accountability and transparency in
governance;
(C) supporting a credible justice mechanism in
compliance with United Nations Human Rights Council
Resolution (A/HCR/30/L.29) of October, 2015;
(D) returning land in former conflict zones to
former owners or compensating those whose land was
confiscated without due process, which is in addition
to steps taken during the previous calendar year;
(E) establishing a functioning office of missing
persons and publishing lists of all persons who
surrendered to such Government at the end of the war;
and
(F) redeploying the armed forces out of former
conflict zones and restructuring and reducing the size
of the armed forces.
(3) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance
for Sri Lanka shall be subject to the following conditions--
(A) not to exceed $500,000 under the heading
``Foreign Military Financing Program'' may only be made
available for programs to support humanitarian and
disaster response efforts; to redeploy out of former
conflict zones; and to restructure and reduce the size
of the Sri Lankan armed forces; and
(B) funds under the heading ``Peacekeeping
Operations'' may only be made available for training
and equipment related to international peacekeeping
operations.
(e) Regional Programs.--
(1) Cross border programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance for
Afghanistan and Pakistan may be provided, notwithstanding any
other provision of law that restricts assistance to foreign
countries, for cross border stabilization and development
programs between Afghanistan and Pakistan, or between either
country and the Central Asian countries.
(2) Security and justice programs.--Funds appropriated by
this Act that are made available for assistance for Afghanistan
and other countries in South and Central Asia shall be made
available to accelerate the recruitment and enhance the
retention and professionalism of women in the judiciary,
police, and other security forces.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Funding.--Subject to the requirements of this
subsection, of the funds appropriated under titles III and IV
of this Act, $600,000,000 should be made available for
assistance for countries in Central America to implement the
United States Strategy for Engagement in Central America:
Provided, That such funds shall be made available to the
maximum extent practicable on a cost-matching basis.
(2) Pre-obligation requirements.--Prior to the obligation
of funds made available pursuant to paragraph (1), the
Secretary of State shall submit to the Committees on
Appropriations an updated multi-year spend plan as described
under this section in the report accompanying this Act.
(3) Assistance for the central governments of el salvador,
guatemala, and honduras.--Of the funds made available pursuant
to paragraph (1) that are available for assistance for each of
the central governments of El Salvador, Guatemala, and
Honduras, the following amounts shall be withheld from
obligation and may only be made available as follows:
(A) 25 percent may only be obligated after the
Secretary of State certifies and reports to the
appropriate congressional committees that such
government is--
(i) informing its citizens of the dangers
of the journey to the southwest border of the
United States;
(ii) combating human smuggling and
trafficking;
(iii) improving border security, including
preventing illegal migration, human smuggling
and trafficking, and trafficking of illicit
drugs and other contraband; and
(iv) cooperating with United States
Government agencies and other governments in
the region to facilitate the return,
repatriation, and reintegration of illegal
migrants arriving at the southwest border of
the United States who do not qualify for
asylum, consistent with international law.
(B) An additional 50 percent may only be obligated
after the Secretary of State certifies and reports to
the appropriate congressional committees that such
government is--
(i) working cooperatively with an
autonomous, publicly accountable entity to
provide oversight of the Plan of the Alliance
for Prosperity in the Northern Triangle in
Central America (the Plan);
(ii) combating corruption, including
investigating and prosecuting current and
former government officials credibly alleged to
be corrupt;
(iii) implementing reforms, policies, and
programs to improve transparency and strengthen
public institutions, including increasing the
capacity and independence of the judiciary and
the Office of the Attorney General;
(iv) implementing a policy to ensure that
local communities, civil society organizations
(including indigenous and other marginalized
groups), and local governments are consulted in
the design, and participate in the
implementation and evaluation of, activities of
the Plan that affect such communities,
organizations, and governments;
(v) countering the activities of criminal
gangs, drug traffickers, and organized crime,
including by enacting and implementing
effective plea bargaining laws;
(vi) investigating and prosecuting in the
civilian justice system government personnel,
including military and police personnel, who
are credibly alleged to have violated human
rights, and ensuring that such personnel are
cooperating in such cases;
(vii) cooperating with commissions against
corruption and impunity and with regional human
rights entities;
(viii) supporting programs to reduce
poverty, expand education and vocational
training for at-risk youth, create jobs, and
promote equitable economic growth particularly
in areas contributing to large numbers of
migrants;
(ix) implementing a plan that includes
goals, benchmarks, and timelines to create a
professional, accountable civilian police force
and end the role of the military in internal
policing, and make such plan available to the
Department of State;
(x) protecting the right of political
opposition parties, journalists, trade
unionists, human rights defenders, and other
civil society activists to operate without
interference;
(xi) increasing government revenues,
including by implementing tax reforms and
strengthening customs agencies; and
(xii) resolving commercial disputes,
including the confiscation of real property,
between United States entities and such
government.
(4) Exemption.--The conditions specified in subparagraph
(3)(B) shall not apply to funds made available for the
International Commission against Impunity in Guatemala or the
Mission to Support the Fight against Corruption and Impunity in
Honduras.
(5) Periodic review and report.--
(A) Periodic review and suspension of assistance.--
The Secretary of State shall periodically review the
progress of each of the central governments of El
Salvador, Guatemala, and Honduras in meeting the
requirements of paragraphs (3)(A) and (3)(B):
Provided, That if the Secretary determines that
sufficient progress has not been made by a central
government, the Secretary shall suspend, in whole or in
part, assistance for such government for programs
supporting such requirement, and shall notify the
appropriate congressional committees in writing of such
action: Provided further, That the Secretary may
resume funding for such programs only after the
Secretary certifies to such committees that corrective
measures have been taken.
(B) Report.--The Secretary of State shall,
following a change of national government in El
Salvador, Guatemala, or Honduras, determine and report
to the appropriate congressional committees that any
new government has committed to take the steps to meet
the requirements of paragraphs (3)(A) and (3)(B):
Provided, That if the Secretary is unable to make such
a determination in a timely manner, assistance made
available under this subsection for such central
government shall be suspended, in whole or in part,
until such time as such determination and report can be
made.
(6) Transfer of funds.--The Department of State and USAID
shall, following consultation with the Committees on
Appropriations, transfer funds made available by this Act under
the heading ``Development Assistance'' to the Inter-American
Development Bank and the Inter-American Foundation to support
the Strategy.
(7) Limitation.--None of the funds made available by this
subsection for assistance for countries in Central America may
be made available for direct government-to-government
assistance or for major infrastructure projects.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $391,253,000 shall be
made available for assistance for Colombia, including to
support the efforts of the Government of Colombia to--
(A) conduct a unified campaign against narcotics
trafficking, organizations designated as foreign
terrorist organizations pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189), and
other criminal or illegal armed groups: Provided, That
aircraft supported by funds made available by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs may
be used to transport personnel and supplies involved in
drug eradication and interdiction, including security
for such activities, and to provide transport in
support of alternative development programs and
investigations by civilian judicial authorities;
(B) enhance security and stability in Colombia and
the region;
(C) strengthen and expand governance, the rule of
law, and access to justice throughout Colombia;
(D) promote economic and social development,
including by improving access to areas impacted by
conflict through demining programs; and
(E) implement a peace agreement between the
Government of Colombia and illegal armed groups, in
accordance with constitutional and legal requirements
in Colombia:
Provided, That such funds shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(2) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for assistance for Colombia may be made available for
payment of reparations to conflict victims or compensation to
demobilized combatants associated with a peace agreement
between the Government of Colombia and illegal armed groups.
(3) Pre-obligation requirements.--Prior to the initial
obligation of funds made available pursuant to paragraph (1),
the Secretary of State, in consultation with the USAID
Administrator, shall submit to the Committees on Appropriations
an updated multi-year spend plan as described under section
7045 in the report accompanying this Act.
(4) Refugees.--Funds made available by this Act under the
heading ``Economic Support Fund'' for assistance for Colombia
shall be apportioned directly to USAID, except that not less
than $7,000,000 of such funds shall be transferred to, and
merged with, funds appropriated by this Act under the heading
``Migration and Refugee Assistance'' for assistance for
Colombian refugees in neighboring countries.
(5) Counternarcotics.--Of the funds made available by this
Act under the heading ``International Narcotics Control and Law
Enforcement'' for assistance for Colombia, 20 percent may be
obligated only in accordance with the conditions set forth
under section 7045 in the report accompanying this Act.
(6) Human rights.--Of the funds made available by this Act
under the heading ``Foreign Military Financing Program'' for
assistance for Colombia, 20 percent may be obligated only in
accordance with the conditions set forth under section 7045 in
the report accompanying this Act.
(7) Exceptions.--The limitations of paragraphs (5) and (6)
shall not apply to funds made available for aviation
instruction and maintenance, and maritime and riverine security
programs.
(c) Cuba.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $15,000,000 shall be made available
for democracy programs for Cuba.
(2) Of the funds made available under paragraph (1), not
less than $3,000,000 shall be made available to the United
States Agency for International Development to support--
(A) free enterprise and private business
organizations in Cuba; and
(B) people-to-people educational and cultural
activities.
(3) For the purposes of paragraph (2), activities described
in such paragraph shall be considered to be democracy programs
pursuant to section 7032(b) of this Act, except that none of
the funds made available under such paragraph may be used for
assistance for the Government of Cuba.
(4) Funds appropriated under title I of this Act may be
made available for--
(A) the operation of, and infrastructure and
security improvements to, United States diplomatic
facilities in Cuba; and
(B) costs associated with United States diplomatic
personnel in Cuba.
(5) Notwithstanding any other provision of law enacted
prior to this Act, United States payments to the Inter-American
Development Bank (IDB) shall not be withheld if the IDB awards
grants for the purpose of hiring consultants and the payment of
other costs related to technical assistance to facilitate
transparency, private sector development, and other structural
reforms of the Cuban economy: Provided, That assistance under
this paragraph may not exceed $2,500,000 during fiscal year
2018.
(d) Haiti.--
(1) Certification.--Funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic Support
Fund'' that are made available for assistance for Haiti may not
be made available for assistance for the central Government of
Haiti unless the Secretary of State certifies and reports to
the Committees on Appropriations that such government is--
(A) strengthening the rule of law in Haiti,
including by--
(i) selecting judges in a transparent
manner based on merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the
judiciary; and
(iv) improving governance by implementing
reforms to increase transparency and
accountability, including through the penal and
criminal codes;
(B) combating corruption, including by implementing
the anti-corruption law enacted in 2014 and prosecuting
corrupt officials;
(C) increasing government revenues, including by
implementing tax reforms, and increasing expenditures
on public services; and
(D) resolving commercial disputes between United
States entities and the Government of Haiti.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
(e) Venezuela.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $15,000,000 shall be
made available for programs to promote democracy and the rule of law in
Venezuela: Provided, That the Bureau of Democracy, Human Rights, and
Labor, Department of State, shall administer such funds.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $105,325,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Of the funds appropriated by this Act under
titles III and IV, not less than $420,780,000 shall be made
available for assistance for Ukraine.
(b) Limitation.--None of the funds appropriated by this Act may be
made available for assistance for a government of an Independent State
of the former Soviet Union if such government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That except
as otherwise provided in section 7070(a) of this Act, funds may be made
available without regard to the restriction in this subsection if the
President determines that to do so is in the national security interest
of the United States: Provided further, That prior to executing the
authority contained in the previous proviso, the Secretary of State
shall consult with the Committees on Appropriations on how such
assistance supports the national security interest of the United
States.
(c) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--
(1) None of the funds appropriated or otherwise made
available under this Act may be used to facilitate or support
the sale of defense articles or services to the Turkish
Presidential Protection Directorate under section 4 of the Arms
Export Control Act (22 U.S.C. 2754), unless the Secretary of
State certifies and reports to the appropriate congressional
committees that the Government of Turkey is taking steps to--
(A) govern democratically and protect the rights of
minorities and women;
(B) implement reforms that protect freedoms of
expression, association, and assembly, including the
ability of civil society organizations, political
opposition parties, and the media to function without
interference; and
(C) release political prisoners and provide
detainees with due process of law.
(2) Nothing in this subsection shall be construed to
prevent or limit the use of funds appropriated or otherwise
made available under this Act for border security purposes, or
for NATO or coalition operations.
(e) Restriction on Entry Into the United States by Turkish
Officials.--
(1) The Secretary of State shall deny entry into the United
States to any senior official of the Government of Turkey about
whom the Secretary has credible information is knowingly
responsible for the wrongful or unlawful prolonged detention of
citizens or nationals of the United States.
(2) The Secretary shall also identify officials of the
Government of Turkey about whom the Secretary has such credible
information without regard to whether the individual has
applied for a visa.
(3) Individuals shall not be subject to paragraph (1) if
their entry into the United States would further important
United States national security or law enforcement objectives
or is necessary to permit the United States to fulfill its
obligations under the United Nations Headquarters Agreement or
other international obligations: Provided, That nothing in
paragraph (1) may be construed to derogate from United States
Government international obligations.
(4) The Secretary may waive the application of paragraph
(1) if the Secretary determines that the waiver would serve a
United States national interest or that the circumstances which
caused the individual to be denied entry have changed
sufficiently.
(5) Not later than 6 months after the date of the enactment
of this Act, the Secretary shall submit a report, including a
classified annex if necessary, to the Committees on
Appropriations describing the information related to the
prolonged detention of United States citizens or nationals
described in paragraph (1) and the individuals identified by
the Secretary pursuant to paragraph (2), or who would be
subject to paragraph (1) but for the application of paragraph
(3), and containing a list of any waivers provided under
paragraph (4) and the justification for each waiver.
(6) Any unclassified portion of the report required under
paragraph (5) shall be posted on the Department of State
website.
(f) Restriction on Entry Into the United States by Azerbaijani
Officials.--Section 7031(c) of this Act shall be applied to officials
of the Government of Azerbaijan about whom the Secretary of State has
credible information have been involved in the wrongful imprisonment of
Mehman Aliyev, the director of Turan, Azerbaijan's last remaining
independent news outlet.
(g) Magnitsky Act Congressional Review Requirement.--Section
216(a)(2)(B)(i) of the Russia Sanctions Review Act of 2017 (part 1 of
subtitle A of title II of Public Law 115-44) is amended--
(1) in subclause (III), by striking ``; and'' and inserting
a semicolon; and
(2) by adding at the end the following new subclause:
``(IV) the Sergei Magnitsky Rule of
Law Accountability Act of 2012 (title
IV of Public Law 112-208; 22 U.S.C.
5811 note); and''.
war crimes tribunals
Sec. 7047. (a) If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
(b) None of the funds appropriated by this Act may be made
available for a United States contribution to the International
Criminal Court: Provided, That notwithstanding section 705(b) of the
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (division A of Public Law 106-113) and
consistent with section 2015 of the American Service-Members Protection
Act, 2002, as amended, funds may be made available for technical
assistance, training, assistance for victims, protection of witnesses,
and law enforcement support related to international investigations,
apprehensions, prosecutions, and adjudications of genocide, crimes
against humanity, and war crimes: Provided further, That the previous
proviso shall not apply to American service members and other United
States citizens or nationals, or to nationals of the North Atlantic
Treaty Organization (NATO) or major non-NATO allies initially
designated pursuant to section 517(b) of the Foreign Assistance Act of
1961.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Restrictions.--Of the funds appropriated under title I
and under the heading ``International Organizations and
Programs'' in title V of this Act that are available for
contributions to the United Nations (including the Department
of Peacekeeping Operations), any United Nations agency, or the
Organization of American States, 15 percent may not be
obligated for such organization, department, or agency until
the Secretary of State reports to the Committees on
Appropriations that the organization, department, or agency
is--
(A) posting on a publicly available Web site,
consistent with privacy regulations and due process,
regular financial and programmatic audits of such
organization, department, or agency, and providing the
United States Government with necessary access to such
financial and performance audits; and
(B) effectively implementing and enforcing policies
and procedures which reflect best practices for the
protection of whistleblowers from retaliation,
including best practices for--
(i) protection against retaliation for
internal and lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting
retaliation;
(iv) access to independent adjudicative
bodies, including external arbitration; and
(v) results that eliminate the effects of
proven retaliation.
(2) Waiver.--The restrictions imposed by or pursuant to
paragraph (1) may be waived on a case-by-case basis if the
Secretary of State determines and reports to the Committees on
Appropriations that such waiver is necessary to avert or
respond to a humanitarian crisis.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses
for any United States delegation to any specialized agency,
body, or commission of the United Nations if such agency, body,
or commission is chaired or presided over by a country, the
government of which the Secretary of State has determined, for
purposes of section 6(j)(1) of the Export Administration Act of
1979 as continued in effect pursuant to the International
Emergency Economic Powers Act (50 U.S.C. App. 2405(j)(1)),
supports international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as
a contribution to any organization, agency, commission, or
program within the United Nations system if such organization,
agency, commission, or program is chaired or presided over by a
country the government of which the Secretary of State has
determined, for purposes of section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, section 6(j)(1) of the Export Administration Act of 1979,
or any other provision of law, is a government that has
repeatedly provided support for acts of international
terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines and
reports to the Committees on Appropriations that to do so is in
the national interest of the United States, including a
description of the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of the United
Nations Human Rights Council unless the Secretary of State determines
and reports to the Committees on Appropriations that participation in
the Council is important to the national interest of the United States
and that the Council is taking significant steps to remove Israel as a
permanent agenda item: Provided, That such report shall include a
description of the national interest served and the steps taken to
remove Israel as a permanent agenda item: Provided further, That the
Secretary of State shall report to the Committees on Appropriations not
later than September 30, 2018, on the resolutions considered in the
United Nations Human Rights Council during the previous 12 months, and
on steps taken to remove Israel as a permanent agenda item.
(d) United Nations Relief and Works Agency.--Not later than 45 days
after enactment of this Act, the Secretary of State shall submit a
report in writing to the Committees on Appropriations on whether the
United Nations Relief and Works Agency (UNRWA) is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance Act
of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy, and
conducting regular inspections of its installations, to ensure
they are only used for humanitarian or other appropriate
purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it has
taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of
the organization; and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is implementing in a
timely fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) Capital Projects.--None of the funds made available by this Act
may be used for the design, renovation, or construction of the United
Nations Headquarters in New York.
(g) Report.--Not later than 45 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation
or expenditure in fiscal year 2018 for contributions to any
organization, department, agency, or program within the United Nations
system or any international program that are withheld from obligation
or expenditure due to any provision of law: Provided, That the
Secretary of State shall update such report each time additional funds
are withheld by operation of any provision of law: Provided further,
That the reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(h) Sexual Exploitation and Abuse in Peacekeeping Operations.--
(1) In general.--Funds appropriated by this Act shall be
made available to implement section 301 of the Department of
State Authorities Act, Fiscal Year 2017 (Public Law 114-323).
(2) Withholding of funds.--The Secretary of State shall
withhold assistance to any unit of the security forces of a
foreign country if the Secretary has credible information that
such unit has engaged in sexual exploitation or abuse,
including while serving in a United Nations peacekeeping
operation, until the Secretary determines that the government
of such country is taking effective steps to bring the
responsible members of such unit to justice and to prevent
future incidents: Provided, That the Secretary shall promptly
notify the government of each country subject to any
withholding of assistance pursuant to this paragraph, and shall
notify the appropriate congressional committees of such
withholding not later than 10 days after a determination to
withhold such assistance is made: Provided further, That the
Secretary shall, to the maximum extent practicable, assist such
government in bringing the responsible members of such unit to
justice.
(3) The Secretary of State may waive the requirements of
paragraph (2), if the Secretary determines and reports to the
Committees on Appropriations that it is important to the
national security interest of the United States to do so, and
includes a justification for such a waiver.
(i) Additional Availability.--Funds appropriated under title I of
this Act which are returned or not made available due to the
implementation of subsection (a) or the second proviso under the
heading ``Contributions for International Peacekeeping Activities'' of
such title shall remain available for obligation until September 30,
2019.
(j) National Security Interest Withholding.--
(1) Withholding.--The Secretary of State shall withhold 5
percent of the funds appropriated by this Act under the heading
``Contributions to International Organizations'' for a
specialized agency or other entity of the United Nations if the
Secretary, in consultation with the United States Ambassador to
the United Nations, determines and reports to the Committees on
Appropriations that such agency or entity has taken an official
action that is against the national security interest of the
United States or an ally of the United States, including
Israel.
(2) Release of funds.--The Secretary of State, in
consultation with the United States Ambassador to the United
Nations, may release funds withheld pursuant to paragraph (1)
if the Secretary determines and reports to the Committees on
Appropriations that such agency or entity is taking steps to
address the action that resulted in the withholding of such
funds.
(3) Reprogramming.--Should the Secretary of State be unable
to make a determination pursuant to paragraph (2) regarding the
release of withheld funds, such funds may be reprogrammed for
other purposes under the heading ``Contributions to
International Organizations''.
community-based police assistance
Sec. 7049. Funds made available by titles III and IV of this Act
to carry out the provisions of chapter 1 of part I and chapters 4 and 6
of part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the effectiveness
and accountability of civilian police authority through training and
technical assistance in human rights, the rule of law, anti-corruption,
strategic planning, and through assistance to foster civilian police
roles that support democratic governance, including assistance for
programs to prevent conflict, respond to disasters, address gender-
based violence, and foster improved police relations with the
communities they serve.
prohibition on publicity or propaganda
Sec. 7050. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before the date of the enactment of this Act by
Congress: Provided, That not to exceed $25,000 may be made available
to carry out the provisions of section 316 of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533; 22
U.S.C. 2151a note).
international conferences
Sec. 7051. None of the funds made available in this Act may be
used to send or otherwise pay for the attendance of more than 50
employees of agencies or departments of the United States Government
who are stationed in the United States, at any single international
conference occurring outside the United States, unless the Secretary of
State reports to the Committees on Appropriations at least 5 days in
advance that such attendance is important to the national interest:
Provided, That for purposes of this section the term ``international
conference'' shall mean a conference attended by representatives of the
United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'', and ``Andean Counterdrug Programs'' may be used for any
other program and in any region: Provided, That the responsibility for
policy decisions and justification for the use of such transfer
authority shall be the responsibility of the Secretary of State and the
Deputy Secretary of State and this responsibility shall not be
delegated.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis, Federal
and non-Federal personnel supporting Department of State and
USAID programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported
on a reimbursable basis, or without reimbursement when
traveling on a space available basis: Provided further, That
funds received by the Department of State in connection with
the use of aircraft owned, leased, or chartered by the
Department of State may be credited to the Working Capital Fund
of the Department and shall be available for expenses related
to the purchase, lease, maintenance, chartering, or operation
of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2011 (division F of Public Law 111-117; 123 Stat.
3378) shall apply to this Act: Provided, That the date ``September 30,
2009'' in subsection (f)(2)(B) of such section shall be deemed to be
``September 30, 2017''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions
may be issued, and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational environments,
and the agreement applicable to the assistance, transfer, or
sale of such cluster munitions or cluster munitions technology
specifies that the cluster munitions will only be used against
clearly defined military targets and will not be used where
civilians are known to be present or in areas normally
inhabited by civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
continuous supervision and general direction of economic and military
assistance
Sec. 7055. (a) Under the direction of the President, the Secretary
of State shall be responsible for the continuous supervision and
general direction of economic assistance, law enforcement and justice
sector assistance, military assistance, and military education and
training programs, including determining whether there shall be a
military assistance (including civic action) or a military education
and training program for a country and the value thereof, to the end
that such programs are effectively integrated both at home and abroad
and the foreign policy of the United States is best served thereby.
(b) Consistent with section 481(b) of the Foreign Assistance Act of
1961, the Secretary of State shall be responsible for coordinating all
assistance provided by the United States Government to support
international efforts to combat illicit narcotics production or
trafficking: Provided, That the provision of assistance by the
Department of Defense which is comparable to assistance that may be
made available by this Act under the heading ``International Narcotics
Control and Law Enforcement'' shall be provided in a manner consistent
with the requirements of section 333(b) of title 10, United States
Code, as added by section 1241 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328).
international family planning and reproductive health
Sec. 7056. (a) Assistance for Foreign Nongovernmental
Organizations.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) is amended by inserting after section 104C the following:
``SEC. 104D. ELIGIBILITY FOR ASSISTANCE.
``Notwithstanding any other provision of law, regulation, or
policy, in determining eligibility for assistance authorized under
sections 104, 104A, 104B, and 104C, a foreign nongovernmental
organization--
``(1) shall not be ineligible for such assistance solely on
the basis of health or medical services, including counseling
and referral services, provided by such organization with non-
United States Government funds if such services--
``(A) are permitted in the country in which they
are being provided; and
``(B) would not violate United States law if
provided in the United States; and
``(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance under
this part.''.
(b) United Nations Population Fund.--
(1) Contribution.--Of the funds appropriated by this Act
under the heading ``International Organizations and Programs'',
not less than $37,500,000 shall be made available for the
United Nations Population Fund (referred to in this subsection
as ``UNFPA'').
(2) Availability of funds.--Funds appropriated for UNFPA
under this Act that are not made available for UNFPA because of
the operation of any provision of law--
(A) shall be transferred to, and merged with, funds
appropriated under the heading ``Global Health
Programs''; and
(B) shall be made available for family planning,
maternal, and reproductive health activities, subject
to the regular notification procedures of the
Committees on Appropriations.
(3) Prohibition on use of funds in china.--None of the
funds made available under this Act may be used by UNFPA for a
country program in the People's Republic of China.
(4) Conditions on availability of funds.--Funds made
available under this Act for UNFPA may not be made available
unless--
(A) UNFPA maintains funds received under this Act
in an account separate from other UNFPA accounts and
does not commingle such funds with other funds; and
(B) UNFPA does not fund abortions.
united states agency for international development management
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds made
available in title III of this Act pursuant to or to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'', may be used by the United States Agency for
International Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of 1980
(22 U.S.C. 3948 and 3949).
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2019.
(c) Conditions.--The authority of subsection (a) should only be
used to the extent that an equivalent number of positions that are
filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated to
carry out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Europe, Eurasia and
Central Asia'', are eliminated.
(d) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980 (22 U.S.C. 3948), may be extended for a
period of up to 4 years notwithstanding the limitation set forth in
such section.
(f) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (7 U.S.C. 1721 et seq.), may be used by USAID to employ up to
40 personal services contractors in the United States, notwithstanding
any other provision of law, for the purpose of providing direct,
interim support for new or expanded overseas programs and activities
managed by the agency until permanent direct hire personnel are hired
and trained: Provided, That not more than 15 of such contractors shall
be assigned to any bureau or office: Provided further, That such funds
appropriated to carry out title II of the Food for Peace Act (7 U.S.C.
1721 et seq.), may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2011 (division F of Public Law 111-117; 123 Stat. 3382) may be assigned
to or support programs in Afghanistan or Pakistan with funds made
available in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for global health programs
including activities relating to research on, and the prevention,
treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law except for provisions under
the heading ``Global Health Programs'' and the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601
et seq.): Provided, That of the funds appropriated under title III of
this Act, not less than $585,000,000 shall be made available for family
planning and reproductive health activities, including in areas where
population growth threatens biodiversity and endangered species.
(b) Global Fund.--Of the funds appropriated by this Act that are
available for a contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), 10 percent should be withheld
from obligation until the Secretary of State determines and reports to
the Committees on Appropriations that the Global Fund is--
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the
Inspector General (OIG) to publish OIG reports on a public Web
site;
(2) providing sufficient resources to maintain an
independent OIG that--
(A) reports directly to the Board of the Global
Fund;
(B) maintains a mandate to conduct thorough
investigations and programmatic audits, free from undue
interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and
reporting aspects of the Global Fund, its grantees,
recipients, sub-recipients, and Local Fund Agents;
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for--
(A) protection against retaliation for internal and
lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to independent adjudicative bodies,
including external arbitration; and
(E) results that eliminate the effects of proven
retaliation; and
(4) implementing the recommendations contained in the
Consolidated Transformation Plan approved by the Board of the
Global Fund on November 21, 2011:
Provided, That such withholding shall not be in addition to funds
that are withheld from the Global Fund in fiscal year 2018 pursuant to
the application of any other provision contained in this or any other
Act.
(c) Contagious Infectious Disease Outbreaks.--
(1) Unanticipated and emerging health threats.--Of the
unobligated balances available under the heading ``Bilateral
Economic Assistance'' in title IX of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235; 128 Stat. 2584)--
(A) $130,000,000 shall be available for programs to
prevent, prepare for, and respond to unanticipated and
emerging health threats only if the Secretary of State
determines and reports to the Committees on
Appropriations that it is in the national interest to
respond to such threats;
(B) $100,000,000 shall be available for programs to
combat malaria; and
(C) $20,000,000 shall be available for programs to
combat tuberculosis:
Provided, That amounts repurposed under this paragraph are
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and shall be available only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress.
(2) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that
an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency of
International Concern, funds appropriated by this Act under the
headings ``Global Health Programs'', ``Development
Assistance'', ``International Disaster Assistance'', ``Complex
Crises Fund'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Migration and Refugee Assistance'', and ``Millennium
Challenge Corporation'' may be made available to combat such
infectious disease or public health emergency, and may be
transferred to, and merged with, funds appropriated under such
headings for the purposes of this paragraph.
(3) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
shall be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of women and
girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available to increase
leadership opportunities for women in countries where women and girls
suffer discrimination due to law, policy, or practice, by strengthening
protections for women's political status, expanding women's
participation in political parties and elections, and increasing
women's opportunities for leadership positions in the public and
private sectors at the local, provincial, and national levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-
based violence, including child marriage, rape, female genital
cutting and mutilation, and domestic violence, among other
forms of gender-based violence in conflict and non-conflict
settings.
(d) Women, Peace, and Security.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'' should be made
available to support a multi-year strategy to expand, and improve
coordination of, United States Government efforts to empower women as
equal partners in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected by conflict
or in political transition, and to ensure the equitable provision of
relief and recovery assistance to women and girls.
(e) Women and Girls at Risk From Extremism.--
(1) Assistance.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$19,000,000 shall be made available to support women and girls
who are at risk from extremism and conflict, and for activities
to--
(A) empower women and girls to counter extremism;
(B) address the needs of women and girls adversely
impacted by extremism and conflict;
(C) document crimes committed by extremists against
women and girls, and support investigations and
prosecutions of such crimes, as appropriate;
(D) increase the participation and influence of
women in formal and informal political processes and
institutions at the local level and within traditional
governing structures;
(E) support reconciliation programs between
impacted minority, religious, and ethnic groups and the
broader community;
(F) develop and implement legal reforms and
protections for women and girls at the national and
local government levels; and
(G) create and sustain networks for women and girls
to collectively safeguard their rights on a regional
basis.
(2) Clarification and notification.--Funds made available
pursuant to paragraph (1)--
(A) are in addition to amounts otherwise available
by this Act for such purposes; and
(B) shall be made available following consultation
with, and subject to the regular notification
procedures of, the Committees on Appropriations.
(f) Coordination.--Funds made available for the purposes of this
section shall be administered in coordination with the Ambassador-at-
Large for Global Women's Issues, Department of State, and the Senior
Coordinator for Gender Equality and Women's Empowerment, USAID.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of
this Act, up to $500,000,000 may be made available for
assistance for basic education, notwithstanding any
other provision of law that restricts assistance to
foreign countries: Provided, That such funds may also
be used for secondary education activities: Provided
further, That the USAID Administrator, following
consultation with the Committees on Appropriations, may
reprogram such funds between countries.
(B) If the USAID Administrator determines that any
unobligated balances of funds specifically designated
for assistance for basic education in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs are in excess of the
absorptive capacity of recipient countries, such funds
may be made available for other programs authorized
under chapter 1 of part I of the Foreign Assistance Act
of 1961, notwithstanding such funding designation:
Provided, That the authority of the previous proviso
shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
(C) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
not less than $75,000,000 should be made available for
a contribution to multilateral partnerships that
support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made
available for assistance for higher education, including not
less than $35,000,000 for new and ongoing partnerships for
human and institutional capacity building between higher
education institutions in the United States and developing
countries: Provided, That such funds may be made available
notwithstanding any other provision of law that restricts
assistance to foreign countries, and shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $26,000,000
shall be made available for the American Schools and Hospitals Abroad
program, and not less than $12,000,000 shall be made available for
cooperative development programs of USAID.
(c) Environment Programs.--
(1) Authority and notification.--
(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4
of part II, of the Foreign Assistance Act of 1961 may
be used, notwithstanding any other provision of law,
except for the provisions of this subsection, to
support environment programs.
(B) Funds made available pursuant to this
subsection shall be subject to the regular notification
procedures of the Committees on Appropriations.
(2) Conservation programs and limitations.--
(A) Of the funds appropriated under title III of
this Act, not less than $269,000,000 shall be made
available for biodiversity conservation programs.
(B) Not less than $90,664,000 of the funds
appropriated under titles III and IV of this Act shall
be made available to combat the transnational threat of
wildlife poaching and trafficking.
(C) None of the funds appropriated under title IV
of this Act may be made available for training or other
assistance for any military unit or personnel that the
Secretary of State determines has been credibly alleged
to have participated in wildlife poaching or
trafficking, unless the Secretary reports to the
Committees on Appropriations that to do so is in the
national security interest of the United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the
Secretary of the Treasury shall instruct the United
States executive directors of each international
financial institutions (IFI) to vote against any
financing of any such activity.
(3) Large dams.--The Secretary of the Treasury shall
instruct the United States executive director of each IFI that
it is the policy of the United States to vote in relation to
any loan, grant, strategy, or policy of such institution to
support the construction of any large dam consistent with the
criteria set forth in Senate Report 114-79, while also
considering whether the project involves important foreign
policy objectives.
(4) Sustainable landscapes.--Of the funds appropriated
under title III of this Act, not less than $123,500,000 shall
be made available for sustainable landscapes programs.
(d) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than $1,000,600,000
shall be made available to carry out the provisions of the Global Food
Security Act of 2016 (Public Law 114-195), of which: not less than
$315,960,000 shall be made available for the Bureau for Food Security,
USAID, including not less than $80,000,000 for the Community
Development Fund; and not less than $50,000,000 shall be made available
for the Feed the Future Innovation Labs: Provided, That funds may be
made available for a contribution as authorized by section 3202 of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by section 3206 of the Agricultural Act of 2014 (Public Law
113-79).
(e) Microenterprise and Microfinance.--Of the funds appropriated by
this Act, not less than $265,000,000 should be made available for
microenterprise and microfinance development programs for the poor,
especially women.
(f) Programs To Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'',
not less than $65,000,000 shall be made available for activities to
combat trafficking in persons internationally, of which not less than
$40,000,000 shall be from funds made available under the heading
``International Narcotics Control and Law Enforcement'': Provided,
That not later than 120 days after enactment of this Act, the Secretary
of State shall submit an update to the report required pursuant to
section 7060(f)(1) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of Public Law
115-31).
(g) Reconciliation Programs.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', and ``Development Assistance'', not less
than $26,000,000 shall be made available to support people-to-people
reconciliation programs which bring together individuals of different
ethnic, religious, and political backgrounds from areas of civil strife
and war: Provided, That the USAID Administrator shall consult with the
Committees on Appropriations, prior to the initial obligation of funds,
on the uses of such funds, and such funds shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That to the maximum extent practicable, such funds
shall be matched by sources other than the United States Government:
Provided further, That such funds shall be administered by the Office
of Conflict Management and Mitigaton, USAID.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $400,000,000 shall be made available for water supply and
sanitation projects pursuant to the Senator Paul Simon Water for the
Poor Act of 2005 (Public Law 109-121), of which not less than
$145,000,000 shall be for programs in sub-Saharan Africa, and of which
not less than $15,000,000 shall be made available to support
initiatives by local communities in Africa and Asia to build and
maintain safe, public latrines, which shall be in addition to any other
funds made available by this Act for such purpose.
overseas private investment corporation
Sec. 7061. (a) Transfer of Funds.--Whenever the President
determines that it is in furtherance of the purposes of the Foreign
Assistance Act of 1961, up to a total of $20,000,000 of the funds
appropriated under title III of this Act may be transferred to, and
merged with, funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the terms and
conditions of that account: Provided, That such funds shall not be
available for administrative expenses of the Overseas Private
Investment Corporation: Provided further, That designated funding
levels in this Act shall not be transferred pursuant to this section:
Provided further, That the exercise of such authority shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(b) Authority.--Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961, the authority of subsections (a) through (c) of
section 234 of such Act shall remain in effect until September 30,
2018.
arms trade treaty
Sec. 7062. None of the funds appropriated by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
inspectors general
Sec. 7063. (a) Prohibition on Use of Funds.--None of the funds
appropriated by this Act may be used to deny an Inspector General
funded under this Act timely access to any records, documents, or other
materials available to the department or agency of the United States
Government over which such Inspector General has responsibilities under
the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede the access of such Inspector General to such records, documents,
or other materials, under any provision of law, except a provision of
law that expressly refers to such Inspector General and expressly
limits the right of access of such Inspector General.
(b) Timely Access.--A department or agency of the United States
Government covered by this section shall provide its Inspector General
access to all records, documents, and other materials in a timely
manner.
(c) Compliance.--Each Inspector General covered by this section
shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Report.--Each Inspector General covered by this section shall
report to the Committees on Appropriations within 5 calendar days of
any failure by any department or agency of the United States Government
to provide its Inspector General access to all requested records,
documents, and other materials.
reporting requirements concerning individuals detained at naval
station, guantanamo bay, cuba
Sec. 7064. Not later than 5 days after the conclusion of an
agreement with a country, including a state with a compact of free
association with the United States, to receive by transfer or release
individuals detained at United States Naval Station, Guantanamo Bay,
Cuba, the Secretary of State shall notify the Committees on
Appropriations in writing of the terms of the agreement, including
whether funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs will be made available for assistance for such country
pursuant to such agreement.
multi-year pledges
Sec. 7065. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge was--
(1) previously justified, including the projected future
year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees
on Appropriations and such consultation was conducted at least
7 days in advance of the pledge.
prohibition on use of torture
Sec. 7066. None of the funds made available in this Act may be
used to support or justify the use of torture, cruel, or inhumane
treatment by any official or contract employee of the United States
Government.
extradition
Sec. 7067. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency Refugee
and Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of State of
its refusal to extradite to the United States any individual indicted
for a criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing a law
enforcement officer, as specified in a United States extradition
request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in violation
of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important to the
national interest of the United States.
commercial leasing of defense articles
Sec. 7068. Notwithstanding any other provision of law, and subject
to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt, and the
North Atlantic Treaty Organization (NATO), and major non-NATO allies
for the procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial suppliers,
not including Major Defense Equipment (other than helicopters and other
types of aircraft having possible civilian application), if the
President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under
such Act.
strategy, review and country transition plan
Sec. 7069. (a) National Diplomacy and Development Strategy.--
(1) Of the funds appropriated by this Act under the heading
``Diplomatic and Consular Programs'', $10,000,000 shall be
withheld from obligation until the Secretary of State submits
the strategy required by paragraph (2).
(2) The Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development and the heads of other relevant department and
agencies, shall submit to the appropriate congressional
committees a National Diplomacy and Development Strategy (NDDS)
of the United States: Provided, That the NDDS shall be
coordinated with, and support, the most recent national
security strategy report submitted pursuant to section 108 of
the National Security Act of 1947 (50 U.S.C. 3043), and be
integrated and coordinated with the strategic plans of other
relevant Federal departments and agencies, including the
current National Defense Strategy required by section 941 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328): Provided further, That the NDDS shall
include the information specified under this section in the
report accompanying this Act.
(3) Beginning in the year after the initial NDDS is
submitted under paragraph (2), the Secretary of State, in
consultation with the USAID Administrator and the heads of
other relevant departments and agencies of the United States
Government, shall thereafter submit to the appropriate
congressional committees a NDDS--
(A) in any year in which a new President is
inaugurated, not later than October 1 of such year; and
(B) in any other year, not later than 90 days after
a new national security strategy is transmitted to the
Congress pursuant to section 108 of the National
Security Act of 1947 (50 U.S.C. 3043):
Provided, That for the purposes of meeting the requirements
of paragraphs (2) and (3), the agency strategic plans required
by section 306 of title 5 United States Code, may be used to
inform the development of the NDDS.
(b) Quadrennial Diplomacy and Development Review.--Not later than
January 31, 2019, the Secretary of State shall submit to the
appropriate congressional committees an update to the Quadrennial
Diplomacy and Development Review, 2015.
(c) Country Transition Plan.--Any bilateral country assistance
strategy developed after the date of enactment of this Act for the
provision of assistance for a foreign country in this fiscal year shall
include a transition plan identifying end goals and options for winding
down, within a targeted period of years, such bilateral assistance:
Provided, That such transition plan shall be developed by the Secretary
of State, in consultation with the USAID Administrator, the heads of
other relevant departments and agencies of the United States
Government, and officials of such foreign government and
representatives of civil society, as appropriate.
countering russian influence and aggression
Sec. 7070. (a) Limitation.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Annexation of Crimea.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has taken affirmative steps
intended to support or be supportive of the Russian Federation
annexation of Crimea or other territory in Ukraine: Provided,
That except as otherwise provided in subsection (a), the
Secretary may waive the restriction on assistance required by
this paragraph if the Secretary determines and reports to such
Committees that to do so is in the national interest of the
United States, and includes a justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea or other
territory in Ukraine under the control of Russian-
backed separatists, if such activity includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities; or
(C) assistance for Crimea or other territory in
Ukraine under the control of Russian-backed
separatists, if such assistance includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including any loan, credit, or guarantee) for any program that
violates the sovereignty or territorial integrity of Ukraine.
(4) The requirements and limitations of this subsection
shall cease to be in effect if the Secretary of State
determines and reports to the Committees on Appropriations that
the Government of Ukraine has reestablished sovereignty over
Crimea and other territory in Ukraine under the control of
Russian-backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has recognized the
independence of, or has established diplomatic relations with,
the Russian occupied Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia: Provided, That the Secretary
shall publish on the Department of State Web site a list of any
such central governments in a timely manner: Provided further,
That the Secretary may waive the restriction on assistance
required by this paragraph if the Secretary determines and
reports to the Committees on Appropriations that to do so is in
the national interest of the United States, and includes a
justification for such interest.
(2) None of the funds appropriated by this Act may be made
available to support the Russian occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including any loan, credit, or guarantee) for any program that
violates the sovereignty and territorial integrity of Georgia.
(d) Assistance to Counter Influence and Aggression.--
(1) Of the funds appropriated by this Act under the
headings ``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'', and
``Foreign Military Financing Program'', not less than
$120,000,000 shall be made available for assistance to counter
Russian influence and aggression in countries in Europe and
Eurasia through the Countering Russian Influence Fund (the
Fund), as described in section 7070(d) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2017 (division J of Public Law 115-31): Provided, That
such funds shall be in addition to amounts made available for
bilateral assistance for such countries: Provided further,
That not less than $15,000,000 of such funds shall be
transferred to, and merged with, funds appropriated by this Act
under the heading ``Educational and Cultural Exchange
Programs'' for purposes consistent with this subsection.
(2) Funds appropriated by this Act and made available for
assistance for the Eastern Partnership countries shall be made
available to advance the implementation of Association
Agreements and trade agreements with the European Union, and to
reduce their vulnerability to external economic and political
pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the Russian Federation,
including to promote Internet freedom, and shall also be made available
to support the democracy and rule of law strategy required by section
7071(d) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law 113-76; 128
Stat. 560).
international monetary fund
Sec. 7071. (a) Extensions.--The terms and conditions of sections
7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F
of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private creditors.
special defense acquisition fund
Sec. 7072. Not to exceed $900,000,000 may be obligated pursuant to
section 51(c)(2) of the Arms Export Control Act for the purposes of the
Special Defense Acquisition Fund (the Fund), to remain available for
obligation until September 30, 2020: Provided, That the provision of
defense articles and defense services to foreign countries or
international organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
stability and development in regions impacted by extremism and conflict
Sec. 7073. (a) Countering Foreign Fighters and Extremist
Organizations.--Funds appropriated under titles III and IV of this Act
shall be made available for programs and activities to counter and
defeat violent extremism and foreign fighters abroad, consistent with
the strategy required by section 7073(a)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31): Provided, That the Secretary of
State shall ensure such programs are coordinated with and complement
the efforts of other United States Government agencies and
international partners, and that information gained through the conduct
of such programs is shared in a timely manner with relevant departments
and agencies of the United States Government and other international
partners, as appropriate.
(b) Countries Impacted by Significant Refugee Populations or
Internally Displaced Persons.--
(1) Uses of funds.--Funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic Support
Fund'' shall be made available for programs in countries
affected by significant populations of internally displaced
persons or refugees to--
(A) expand and improve host government social
services and basic infrastructure to accommodate the
needs of such populations and persons;
(B) alleviate the social and economic strains
placed on host communities, including through programs
to promote livelihoods, vocational training, and formal
and informal education;
(C) improve coordination of such assistance in a
more effective and sustainable manner; and
(D) leverage increased assistance from donors other
than the United States Government for central
governments and local communities in such countries:
Provided, That the Secretary of State shall periodically inform the
Committees on Appropriations of the amount and specific uses of funds
made available for the purposes of this subsection.
(2) Global crisis response platform.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' shall be
made available for the Global Crises Response Platform of the
World Bank to provide low- and middle-income countries hosting
large refugee populations access to financing on favorable
terms for projects to benefit both refugees and their host
communities: Provided, That such funds may only be made
available following consultation with the Committees on
Appropriations.
(c) Fragile States and Extremism.--Funds appropriated by this Act
shall be made available to implement the comprehensive plan required by
section 7080 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of Public Law
115-31).
enterprise funds
Sec. 7074. (a) Notification.--None of the funds made available
under titles III through VI of this Act may be made available for
Enterprise Funds unless the appropriate congressional committees are
notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
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 constitutional grounds, the head of
the relevant Federal department or agency shall notify the Committees
on Appropriations in writing within 5 days of such determination, the
justification for such determination, and any resulting changes to
program and policy.
budget documents
Sec. 7076. (a) Operating and Reorganization Plans.--
(1) Not later than 45 days after the date of enactment of
this Act, each department, agency, or organization funded in
titles I, II, and VI of this Act, and the Department of the
Treasury and Independent Agencies funded in title III of this
Act, including the Inter-American Foundation and the United
States African Development Foundation, shall submit to the
Committees on Appropriations an operating plan for funds
appropriated to such department, agency, or organization in
such titles of this Act, or funds otherwise available for
obligation in fiscal year 2018, that provides details of the
uses of such funds at the program, project, and activity level:
Provided, That such plans shall include, as applicable, a
comparison between the congressional budget justification
funding levels, the most recent congressional directives or
approved funding levels, and the funding levels proposed by the
department or agency; and a clear, concise, and informative
description/justification: Provided further, That operating
plans that include changes in levels of funding for programs,
projects, and activities specified in the congressional budget
justification, in this Act, or amounts specifically designated
in the respective tables included in the report accompanying
this Act, as applicable, shall be subject to the notification
and reprogramming requirements of section 7015 of this Act.
(2) Concurrent with the submission of an operating plan
pursuant to paragraph (1), each covered department, agency, or
organization shall submit to the Committees on Appropriations a
report detailing any planned reorganization of such department,
agency, or organization, including any action planned pursuant
to the March 31, 2017 Executive Order 13781 on a Comprehensive
Plan for Reorganizing the Executive Branch, including--
(A) a detailed organization chart, including a
brief description of each operating unit;
(B) the number of employees for each operating
unit;
(C) the current policy for supporting the
operations of the National Security Council (NSC)
through the detail of agency staff, including staff
projected to be detailed to the NSC during fiscal year
2019, if applicable;
(D) a detailed explanation of the plan, including
any policies and procedures currently or expected to be
used to comply with Executive Order 13781; and
(E) an assessment of how national security
interests will be served by any proposed
reorganizations.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to the
Committees on Appropriations a spend plan for funds made
available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon,
Pakistan, and the West Bank and Gaza;
(B) assistance made available pursuant to section
7070(d) of this Act to counter Russian influence and
aggression, except that such plan shall be on a
country-by-country basis;
(C) Power Africa and the regional security
initiatives listed under this section in the report
accompanying this Act: Provided, That the spend plan
for such initiatives shall include the amount of
assistance planned for each country by account, to the
maximum extent practicable; and
(D) democracy programs, programs to support section
7073(a) of this Act, and sectors enumerated in
subsections (a), (c), (d), (e), (f), (g), and (h) of
section 7060 of this Act.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Spending Report.--Not later than 45 days after enactment of
this Act, the USAID Administrator shall submit to the Committees on
Appropriations a detailed report on spending of funds made available
during fiscal year 2017 under the heading ``Development Credit
Authority''.
(d) Notification Clarification.--The spend plans referenced in
subsection (b) shall not be considered as meeting the notification
requirements in this Act or under section 634A of the Foreign
Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) The congressional budget justification for Department
of State operations and foreign operations shall be provided to
the Committees on Appropriations concurrent with the date of
submission of the President's budget for fiscal year 2019:
Provided, That the appendices for such justification shall be
provided to the Committees on Appropriations not later than 10
calendar days thereafter.
(2) The Secretary of State and the USAID Administrator
shall include in the congressional budget justification a
detailed justification for multi-year availability for any
funds requested under the headings ``Diplomatic and Consular
Programs'' and ``Operating Expenses''.
reports and records management
Sec. 7077. (a) Public Posting of Reports.--
(1) Requirement.--Any agency receiving funds made available
by this Act shall, subject to paragraphs (2) and (3), post on
the publicly available Web site of such agency any report
required by this Act to be submitted to the Committees on
Appropriations.
(2) Exceptions.--Paragraph (1) shall not apply to a report
if--
(A) the public posting of such report would
compromise national security, including the conduct of
diplomacy;
(B) the report contains proprietary, privileged, or
sensitive information; or
(C) the head of such agency determines that the
posting of such report is not in the national interest.
(3) Timing and intention.--The head of the agency posting
such report shall, unless otherwise provided for in this Act,
do so only after such report has been made available to the
Committees on Appropriations for not less than 45 days:
Provided, That any report required by this Act to be submitted
to the Committees on Appropriations shall include information
from the submitting agency on whether such report will be
publicly posted.
(b) Requests for Documents.--None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall be
available to a nongovernmental organization, including any contractor,
which fails to provide upon timely request any document, file, or
record necessary to the auditing requirements of the Department of
State and the United States Agency for International Development.
(c) Records Management.--
(1) Limitation.--None of the funds appropriated by this Act
under the headings ``Diplomatic and Consular Programs'' and
``Capital Investment Fund'' in title I, and ``Operating
Expenses'' and ``Capital Investment Fund'' in title II that are
made available to the Department of State and USAID may be made
available to support the use or establishment of email accounts
or email servers created outside the .gov domain or not fitted
for automated records management as part of a Federal
government records management program in contravention of the
Presidential and Federal Records Act Amendments of 2014 (Public
Law 113-187).
(2) Directives.--The Secretary of State and USAID
Administrator shall--
(A) update the policies, directives, and oversight
necessary to comply with Federal statutes, regulations,
and presidential executive orders and memoranda
concerning the preservation of all records made or
received in the conduct of official business, including
record emails, instant messaging, and other online
tools;
(B) use funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'' and
``Capital Investment Fund'' in title I, and ``Operating
Expenses'' and ``Capital Investment Fund'' in title II,
as appropriate, to improve Federal records management
pursuant to the Federal Records Act (44 U.S.C. Chapters
21, 29, 31, and 33) and other applicable Federal
records management statutes, regulations, or policies
for the Department of State and USAID;
(C) direct departing employees that all Federal
records generated by such employees, including senior
officials, belong to the Federal Government; and
(D) significantly improve the response time for
identifying and retrieving Federal records, including
requests made pursuant to section 552 of title 5,
United States Code (commonly known as the ``Freedom of
Information Act'').
(3) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State and USAID Administrator shall each
submit a report to the Committees on Appropriations and to the
National Archives and Records Administration detailing, as
appropriate and where applicable--
(A) any updates or modifications made to the policy
of each agency regarding the use or the establishment
of email accounts or email servers created outside the
.gov domain or not fitted for automated records
management as part of a Federal government records
management program since the submission to the
Committees on Appropriations of the report required by
section 7077(c)(3) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31);
(B) the extent to which each agency is in
compliance with applicable Federal records management
statutes, regulations, and policies, including meeting
Directive goal 1.2 of the Managing Government Records
Directive (M-12-18) by December 31, 2016; and
(C) any steps taken since the submission of the
report referenced in subparagraph (A) to--
(i) comply with paragraph (1)(B) of this
subsection;
(ii) ensure that all employees at every
level have been instructed in procedures and
processes to ensure that the documentation of
their official duties is captured, preserved,
managed, protected, and accessible in official
Government systems of the Department of State
and USAID;
(iii) implement recommendation 1 made by
the Office of Inspector General (OIG),
Department of State, in the January 2016
Evaluation of the Department of State's FOIA
Process for Requests Involving the Office of
the Secretary (ESP-16-01);
(iv) reduce the backlog of Freedom of
Information Act (FOIA) and Congressional
oversight requests, and measurably improve the
response time for answering such requests; and
(v) strengthen cyber security measures to
mitigate vulnerabilities, including those
resulting from the use of personal email
accounts or servers outside the .gov domain,
improve the process to identify and remove
inactive user accounts, update and enforce
guidance related to the control of national
security information, and implement the
recommendations contained in relevant reports
issued by the OIG.
(4) Operating plans.--The operating plans required by
section 7076(a) of this Act for funds appropriated under the
headings listed in paragraph (1) shall include funds planned
for--
(A) implementing the recommendations of the OIG
reports referenced in clauses (iii) and (v); and
(B) measurably reducing the FOIA and Congressional
oversight requests backlog.
global internet freedom
Sec. 7078. (a) Funding.--Of the funds available for obligation
during fiscal year 2018 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$50,500,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interest of the United
States: Provided further, That funds made available pursuant to this
section shall be matched, to the maximum extent practicable, by sources
other than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``Assistance
for Europe, Eurasia and Central Asia'' that are made available
pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs
funded by this Act under such headings, and shall be
incorporated into country assistance and democracy
promotion strategies, as appropriate;
(B) 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; the Department of State
International Cyberspace Policy Strategy required by
section 402 of the Cybersecurity Act of 2015 (division
N of Public Law 114-113); and the comprehensive
strategy to promote Internet freedom and access to
information in Iran, as required by section 414 of the
Iran Threat Reduction and Syria Human Rights Act of
2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of
repressive Internet-related laws and regulations,
including countering threats to Internet freedom at
international organizations; to combat violence against
bloggers and other users; and to enhance digital
security training and capacity building for democracy
activists;
(D) 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 technological advantage of the
United States Government over such censorship
techniques: Provided, That the Secretary of State, in
consultation with the Chief Executive Officer (CEO) of
the Broadcasting Board of Governors (BBG), shall
coordinate any such research and development programs
with other relevant United States Government
departments and agencies in order to share information,
technologies, and best practices, and to assess the
effectiveness of such technologies; and
(E) administered by the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of
State.
(2) Funds appropriated by this Act under the heading
``International Broadcasting Operations'' that are made
available pursuant to subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute BBG digital content;
facilitate audience access to such content on Web sites
that are censored; coordinate the distribution of BBG
digital content to targeted regional audiences; and to
promote and distribute such tools and techniques,
including digital security techniques;
(B) coordinated with programs funded by this Act
under the heading ``International Broadcasting
Operations'', and shall be incorporated into country
broadcasting strategies, as appropriate;
(C) coordinated by the BBG CEO to provide Internet
circumvention tools and techniques for audiences in
countries that are strategic priorities for the BBG and
in a manner consistent with the BBG Internet freedom
strategy; and
(D) made available for the research and development
of new tools or techniques authorized in paragraph (A)
only after the BBG CEO, in consultation with the
Secretary of State and other relevant United States
Government departments and agencies, evaluates the
risks and benefits of such new tools or techniques, and
establishes safeguards to minimize the use of such new
tools or techniques for illicit purposes.
(c) Coordination and Spend Plans.--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 CEO shall submit to the Committees on
Appropriations spend plans for funds made available by this Act for
programs to promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies to ensure
that such programs are not used for illicit purposes: Provided, That
the Department of State spend plan shall include funding for all such
programs for all relevant Department of State and USAID offices and
bureaus.
impact on jobs in the united states
Sec. 7079. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public
Law 111-117; 123 Stat. 3396);
(B) the modification proposed by the Overseas
Private Investment Corporation in November 2013 to the
Corporation's Environmental and Social Policy Statement
relating to coal; or
(C) the Supplemental Guidelines for High Carbon
Intensity Projects approved by the Export-Import Bank
of the United States on December 12, 2013,
when enforcement of such rule, regulation, policy, or
guidelines would prohibit, or have the effect of prohibiting,
any coal-fired or other power-generation project the purpose of
which is to: (i) provide affordable electricity in
International Development Association (IDA)-eligible countries
and IDA-blend countries; and (ii) increase exports of goods and
services from the United States or prevent the loss of jobs
from the United States.
quorum requirement
Sec. 7080. Section 1 of Public Law 106-46 (12 U.S.C. 635a note) is
amended by striking ``July 21, 1999, and ends on December 2, 1999'' and
inserting ``October 1, 2017, and ends on September 30, 2019'':
Provided, That the amendment made pursuant to this section to such law
shall take effect upon enactment of this Act.
disability programs
Sec. 7081. (a) Assistance.--Funds appropriated by this Act under
the heading ``Economic Support Fund'' shall be made available for
programs and activities administered by the United States Agency for
International Development to address the needs and protect and promote
the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
and integration of individuals with disabilities, including for the
cost of translation.
(b) Management, Oversight, and Technical Support.--Of the funds
made available pursuant to this section, 5 percent may be used for
USAID for management, oversight, and technical support.
assistance for united states citizens and nationals unlawfully or
wrongfully detained abroad
Sec. 7082. (a) Review.--The Secretary of State shall review the
cases of citizens and nationals of the United States detained abroad to
determine if there is credible information that they are being detained
unlawfully or wrongfully, based on international criteria including
whether--
(1) the detained individual has presented credible
information of factual innocence to United States officials;
(2) information exists that the individual is detained
solely or substantially because he or she is a citizen or
national of the United States;
(3) information exists that the individual is being
detained in violation of internationally protected rights and
freedoms, such as freedoms of expression, association,
assembly, and religion;
(4) the individual is being detained in violation of the
laws of the detaining country;
(5) independent nongovernmental organizations or
journalists have raised legitimate questions about the
innocence of the detained individual;
(6) the United States embassy in the country where the
individual is detained has received credible reports that the
detention is a pretext;
(7) police reports show evidence of a credible
investigation;
(8) the individual is detained in a country where the
Department of State has determined in its annual human rights
reports that the judicial system is not independent or
impartial, is susceptible to corruption, or is incapable of
rendering just verdicts;
(9) the individual is detained in inhumane conditions; and
(10) the international right to due process of law has been
sufficiently impaired so as to render the detention arbitrary.
(b) Report.--With respect to individuals for whom the Secretary
determines there is such credible information, the Secretary shall
submit a biannual report, which may be in classified form, to the
appropriate congressional committees which shall include relevant
information relating to each case, including--
(1) the name of the detained individual;
(2) basic facts about the case;
(3) a summary of the information that such individual may
be detained unlawfully or wrongfully;
(4) a description of specific efforts, legal and
diplomatic, taken by the Department of State on behalf of the
individual since the last reporting period, including
accomplishments and setbacks; and
(5) a description of intended next steps.
(c) Posting on the Department of State Web Site.--The information
described in subsection (b)(1)-(3) shall be posted on the Department of
State Web site not later than 30 days after its submission to the
appropriate congressional committees, unless--
(1) the public posting of such information would compromise
national security, including the conduct of diplomacy;
(2) such information contains proprietary or other
privileged information;
(3) the detained individual does not consent to a waiver of
the Privacy Act allowing for public posting; or
(4) the public posting of the information could jeopardize
efforts to obtain the release of the detained individual.
(d) Resource Manual.--Not later than 180 days after enactment of
this Act and after consulting with relevant organizations that advocate
on behalf of United States citizens and nationals detained abroad, the
Secretary shall publish a resource manual for United States Government
officials and families of unjustly or wrongfully detained individuals
detailing suggested actions designed to obtain their release, including
acting through traditional diplomatic and consular channels to ensure
prompt and regular access for the detained individual to legal counsel,
family members, humane treatment, and other services, and sanctions
tools including withholding assistance to the foreign government and
denying or revoking visas and freezing assets of foreign officials;
submitting public and private letters; and consulting with relevant
legal and human rights organizations.
(e) Special Presidential Envoy for Hostage Affairs.--The
responsibilities under this section may be carried out by the Special
Presidential Envoy for Hostage Affairs, created by ``Presidential
Policy Directive--Hostage Recovery Activities, PPD-30,'' unless the
Secretary designates another official to do so.
reorganization or redesign of the department of state and the united
states agency for international development
Sec. 7083. (a) Limitations.--
(1) None of the funds appropriated by this Act, prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, or any other Act may be used
to downsize, downgrade, consolidate, close, move, or relocate
to another United States Government agency--
(A) the Bureau of Population, Refugees, and
Migration, Department of State;
(B) the Bureau of Consular Affairs, Department of
State;
(C) the Bureau of Democracy, Human Rights, and
Labor, Department of State;
(D) the Office of the Special Presidential Envoy
for Hostage Affairs, Department of State;
(E) the Office of the Special Coordinator for
Global Criminal Justice Issues, Department of State;
(F) the Coordinator for Cyber Issues, Department of
State;
(G) the Special Advisor for Religious Minorities in
the Near East and South Central Asia, Department of
State;
(H) the Coordinator for Sanctions Policy,
Department of State;
(I) the Bureau of Educational and Cultural Affairs,
Department of State;
(J) the Office of Weapons Removal and Abatement,
Department of State;
(K) the Special Envoy for Holocaust Issues,
Department of State;
(L) the Bureau of Oceans and International
Environmental and Scientific Affairs, Department of
State;
(M) the Bureau for Democracy, Conflict, and
Humanitarian Assistance, USAID;
(N) the Bureau for Economic Growth, Education and
Environment, USAID;
(O) the Bureau for Food Security, USAID; or
(P) the USAID Advisor for Indigenous Peoples
Issues;
(Q) the Office of Global Women's Issues, Department
of State;
(R) the Special Envoy for the Human Rights of LGBTI
Persons, Department of State;
(S) the Special Advisor for International
Disability Rights, Department of State; or
(T) the Office of Gender Equality and Women's
Empowerment, USAID:
Provided, That the limitations of this subsection shall
include the transfer to other agencies of the authorities and
responsibilities of such bureaus and offices: Provided
further, That the Secretary of State shall promptly name a
qualified individual of appropriate rank to head the Office of
Special Envoy for Hostage Affairs.
(2) None of the funds appropriated by this Act, prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, or any other Act may be used
to close, move, or otherwise incorporate the United States
Agency for International Development into the Department of
State: Provided, That such limitation shall include any USAID
bureau or office, including the Office of Inspector General, or
authorities of such bureaus and offices.
(b) Notification, Report, and Review.--
(1) Notification and report.--Notwithstanding any provision
of this Act, prior to implementing any reorganization or
redesign of the Department of State, USAID, or any other
Federal department, agency, or organization funded by this Act,
including any intended, significant modification of bureaus,
offices, or number of personnel, and any action taken pursuant
to the March 31, 2017, Executive Order 13781 on a Comprehensive
Plan for Reorganizing the Executive Branch, the head of the
relevant department, agency, or organization shall consult with
the Committees on Appropriations: Provided, That any such
proposed reorganization or redesign shall be subject to the
regular notification procedures of the Committees on
Appropriations, except that such notification shall be
accompanied by a detailed report that includes a justification
and analysis of--
(A) the impact on personnel, both foreign service
and civil service;
(B) the impact on programs and on the ability of
the department, agency, or organization to conduct
effective monitoring and oversight of such programs;
(C) the projected cost savings or increased costs;
(D) the process used to identify the intended
reorganization or redesign of any operating unit or
diplomatic post, including the process used to assess
the impact of such action on programs, projects, and
activities funded by this Act;
(E) the impact any such reorganization or redesign
would have on the effectiveness of United States
diplomacy and the ability to conduct adequate
monitoring and oversight of foreign assistance
programs; and
(F) the national security interest served by any
such reorganization or redesign, including a
determination that such action will not result in
expanding the influence of any adversary or competitor
of the United States, including foreign terrorist
organizations.
(2) Review.--Not later than 30 days prior to the submission
of any notification required pursuant to paragraph (1), the
head of the relevant department, agency, or organization shall
submit the proposed reorganization or redesign plan to the
Comptroller General of the United States for review: Provided,
That following such review, the Comptroller General shall
submit a report to the Committees on Appropriations assessing
the justification, feasibility, cost effectiveness, and impact
of such plan on diplomacy, development, and the national
security of the United States.
(c) Office of Policy Planning.--None of the funds appropriated or
otherwise made available by this Act may be used to increase the number
of personnel in the Office of Policy Planning, Department of State,
above the number of personnel in such office on September 30, 2017,
until the hiring freeze imposed on the Department of State has been
lifted.
north american development bank
Sec. 7084. Part 2 of subtitle D of title V of the North America
Free Trade Agreement Implementation Act (22 U.S.C. 290m et seq.), is
further amended by adding at the end the following new section:
``SEC. 547. FIRST CAPITAL INCREASE.
``(a) Subscription Authorized.--
``(1) The Secretary of the Treasury may subscribe on behalf
of the United States to 150,000 additional shares of the
capital stock of the Bank.
``(2) Any subscription by the United States to the capital
stock of the Bank shall be effective only to such extent and in
such amounts as are provided in advance in appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--
``(1) In order to pay for the increase in the United States
subscription to the Bank under subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$1,500,000,000 for payment by the Secretary of the Treasury.
``(2) Of the amount authorized to be appropriated under
paragraph (1)--
``(A) $225,000,000 shall be for paid in shares of
the Bank; and
``(B) $1,275,000,000 shall be callable shares of
the Bank.''.
multilateral development bank replenishments
Sec. 7085. (a) The Asian Development Bank Act (22 U.S.C. 285 et
seq.) is amended by adding at the end the following new section:
``SEC. 36. ELEVENTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized to
contribute, on behalf of the United States, $189,580,000 to the
eleventh replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $189,580,000 for payment by the Secretary of
the Treasury.''.
(b) The International Development Association Act (22 U.S.C. 284 et
seq.) is amended by adding at the end the following new section:
``SEC. 30. EIGHTEENTH REPLENISHMENT.
``(a) The United States Governor of the International Development
Association is authorized to contribute on behalf of the united states
$3,291,030,000 to the eighteenth replenishment of the resources of the
association, subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $3,291,030,000 for payment by the Secretary of
the Treasury.''.
(c) The African Development Fund Act (22 U.S.C. 290g et seq.) is
amended by adding at the end the following new section:
``SEC. 225. FOURTEENTH REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized to
contribute on behalf of the United States $513,900,000 to the
fourteenth replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $513,900,000 for payment by the Secretary of
the Treasury.''.
designation requirement
Sec. 7086. Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress: Provided, That such funds shall be made
available without regard to geographic limitation.
strengthening diplomacy and development
Sec. 7087. (a) Assistant Secretary for Population, Refugees, and
Migration, Department of State.--Section 1(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Assistant secretary of state for population,
refugees, and migration.--
``(A) There shall be in the Department of State an
Assistant Secretary of State for the Bureau of
Population, Refugees, and Migration (PRM) who shall be
responsible to the Secretary of State for matters
pertaining to population, refugees, and migration in
the conduct of foreign policy and such other related
duties as the Secretary may from time to time
designate.
``(B) The Assistant Secretary for Population,
Refugees, and Migration shall maintain responsibility
and continuous observation and review of all matters
pertaining to population, refugees, and migration in
the conduct of foreign policy, including the following:
``(i) Directing the Department of State's
population, refugee, and migration policy
development.
``(ii) Providing protection, easing
suffering, and resolving the plight of
persecuted and uprooted people around the world
by providing life-sustaining assistance,
working through multilateral systems to build
global partnerships, promoting best practices
in humanitarian response, and ensuring that
humanitarian principles are thoroughly
integrated into United States foreign and
national security policy.
``(iii) Determining the level of United
States contributions to international
organizations for humanitarian assistance and
protection-related programs and participating
in governing bodies of international
organizations to ensure effective use of United
States funds.
``(iv) Working through multilateral systems
to build global partnerships promoting best
practices in humanitarian response, and
ensuring that humanitarian principles are
thoroughly integrated into United States
policies toward refugees, asylum seekers,
internally displaced persons, stateless
persons, and other forced migrants.
``(v) Seeking and promoting durable
solutions for refugees, including--
``(I) voluntary repatriation in
safety and dignity for people who no
longer face a well-founded fear of
persecution on account of their
religion, race, political opinion, or
social or ethnic group;
``(II) local integration of
refugees in countries of first asylum;
and
``(III) voluntary resettlement of
refugees in a third country.
``(vi) Developing and implementing refugee
resettlement policies for the United States and
to promote durable solutions for, and the
protection of, refugees.
``(vii) Recommending to the President the
number of refugees to be admitted annually to
the United States and directing programs for
selection, processing, and transportation of
refugees to be admitted to the United States.
``(viii) Overseeing efforts to encourage
greater participation in refugee assistance and
resettlement on the part of foreign
governments.
``(ix) Promoting healthy and educated
populations.
``(x) Guiding the activities of refugee
assistance offices at United States diplomatic
missions and of United States missions to
international organizations concerned with
refugee assistance, protection, and
resettlement.
``(xi) Using humanitarian diplomacy to
increase access and assistance to those in need
in the absence of political solutions,
highlighting the humanitarian impact of
military and political action, and working with
partners to ensure transition from relief to
development.
``(xii) Promoting humane and effective
migration policies and multilateral migration
efforts that advance United States foreign
policy.''.
(b) Office of Global Women's Issues.--
(1) In general.--The Secretary of State shall establish an
Office of Global Women's Issues (referred to in this subsection
as the ``Office'') within the Department of State.
(2) Purpose.--The Office shall coordinate efforts of the
United States Government, as directed by the Secretary of
State, regarding gender equality and advancing the status of
women and girls in United States foreign policy.
(3) Duties.--The Office--
(A) shall serve as the principal advisor to the
Secretary of State regarding gender equality, women's
empowerment, and violence against women and girls as a
foreign policy matter;
(B) shall represent the United States in diplomatic
and multilateral fora on matters relevant to the status
of women and girls;
(C) shall advise the Secretary and provide input on
all activities, policies, programs, and funding
relating to gender equality and the advancement of
women and girls internationally for all bureaus and
offices of the Department of State and in the
international programs of all other Federal departments
and agencies;
(D) shall work to ensure that efforts to advance
gender equality and women's empowerment are fully
integrated into the programs, structures, processes,
and capacities of all bureaus and offices of the
Department of State and in the international programs
of other Federal departments and agencies;
(E) shall direct, as appropriate, United States
resources to respond to needs for gender equality and
empowerment of women in United States foreign policies
and international programs;
(F) may design, support, and implement activities
regarding empowerment of women internationally; and
(G) shall conduct regular consultation with civil
society organizations working to advance gender
equality and empower women and girls internationally.
(4) Supervision.--The Office shall be headed by an
Ambassador-at-Large for Global Women's Issues who--
(A) exercises significant authority;
(B) reports to the President or to the Secretary of
State; and
(C) is appointed by the President or by the
Secretary of State, with the advice and consent of the
Senate.
(5) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees describing
the steps taken to fulfill the duties of the Office set forth
in paragraph (3).
consular notification compliance
Sec. 7088. (a) Petition for Review.--
(1) Jurisdiction.--Notwithstanding any other provision of
law, a Federal court shall have jurisdiction to review the
merits of a petition claiming violation of Article 36(1)(b) or
(c) of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, or a comparable provision of a bilateral
international agreement addressing consular notification and
access, filed by an individual convicted and sentenced to death
by any Federal or State court before the date of enactment of
this Act.
(2) Standard.--To obtain relief, an individual described in
paragraph (1) must make a showing of actual prejudice to the
criminal conviction or sentence as a result of the violation.
The court may conduct an evidentiary hearing if necessary to
supplement the record and, upon a finding of actual prejudice,
shall order a new trial or sentencing proceeding.
(3) Limitations.--
(A) Initial showing.--To qualify for review under
this subsection, a petition must make an initial
showing that--
(i) a violation of Article 36(1)(b) or (c)
of the Vienna Convention on Consular Relations,
done at Vienna April 24, 1963, or a comparable
provision of a bilateral international
agreement addressing consular notification and
access, occurred with respect to the individual
described in paragraph (1); and
(ii) if such violation had not occurred,
the consulate would have provided assistance to
the individual.
(B) Effect of prior adjudication.--A petition for
review under this subsection shall not be granted if
the claimed violation described in paragraph (1) has
previously been adjudicated on the merits by a Federal
or State court of competent jurisdiction in a
proceeding in which no Federal or State procedural bars
were raised with respect to such violation and in which
the court provided review equivalent to the review
provided in this subsection, unless the adjudication of
the claim resulted in a decision that was based on an
unreasonable determination of the facts in light of the
evidence presented in the prior Federal or State court
proceeding.
(C) Filing deadline.--A petition for review under
this subsection shall be filed within 1 year of the
later of--
(i) the date of enactment of this Act;
(ii) the date on which the Federal or State
court judgment against the individual described
in paragraph (1) became final by the conclusion
of direct review or the expiration of the time
for seeking such review; or
(iii) the date on which the impediment to
filing a petition created by Federal or State
action in violation of the Constitution or laws
of the United States is removed, if the
individual described in paragraph (1) was
prevented from filing by such Federal or State
action.
(D) Tolling.--The time during which a properly
filed application for State post-conviction or other
collateral review with respect to the pertinent
judgment or claim is pending shall not be counted
toward the 1-year period of limitation.
(E) Time limit for review.--A Federal court shall
give priority to a petition for review filed under this
subsection over all noncapital matters. With respect to
a petition for review filed under this subsection and
claiming only a violation described in paragraph (1), a
Federal court shall render a final determination and
enter a final judgment not later than one year after
the date on which the petition is filed.
(4) Habeas petition.--A petition for review under this
subsection shall be part of the first Federal habeas corpus
application or motion for Federal collateral relief under
chapter 153 of title 28, United States Code, filed by an
individual, except that if an individual filed a Federal habeas
corpus application or motion for Federal collateral relief
before the date of enactment of this Act or if such application
is required to be filed before the date that is 1 year after
the date of enactment of this Act, such petition for review
under this subsection shall be filed not later than 1 year
after the enactment date or within the period prescribed by
paragraph (3)(C)(iii), whichever is later. No petition filed in
conformity with the requirements of the preceding sentence
shall be considered a second or successive habeas corpus
application or subjected to any bars to relief based on
preenactment proceedings other than as specified in paragraph
(2).
(5) Referral to magistrate.--A Federal court acting under
this subsection may refer the petition for review to a Federal
magistrate for proposed findings and recommendations pursuant
to section 636(b)(1)(B) of title 28, United States Code.
(6) Appeal.--
(A) In general.--A final order on a petition for
review under paragraph (1) shall be subject to review
on appeal by the court of appeals for the circuit in
which the proceeding is held.
(B) Appeal by petitioner.--An individual described
in paragraph (1) may appeal a final order on a petition
for review under paragraph (1) only if a district or
circuit judge issues a certificate of appealability. A
district or circuit court judge shall issue or deny a
certificate of appealability not later than 30 days
after an application for a certificate of appealability
is filed. A district judge or circuit judge may issue a
certificate of appealability under this subparagraph if
the individual has made a substantial showing of actual
prejudice to the criminal conviction or sentence of the
individual as a result of a violation described in
paragraph (1).
(b) Violation.--
(1) In general.--An individual not covered by subsection
(a) who is arrested, detained, or held for trial on a charge
that would expose the individual to a capital sentence if
convicted may raise a claim of a violation of Article 36(1)(b)
or (c) of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, or of a comparable provision of a
bilateral international agreement addressing consular
notification and access, at a reasonable time after the
individual becomes aware of the violation, before the court
with jurisdiction over the charge. Upon a finding of such a
violation--
(A) the consulate of the foreign state of which the
individual is a national shall be notified immediately
by the detaining authority, and consular access to the
individual shall be afforded in accordance with the
provisions of the Vienna Convention on Consular
Relations, done at Vienna April 24, 1963, or the
comparable provisions of a bilateral international
agreement addressing consular notification and access;
and
(B) the court--
(i) shall postpone any proceedings to the
extent the court determines necessary to allow
for adequate opportunity for consular access
and assistance; and
(ii) may enter necessary orders to
facilitate consular access and assistance.
(2) Evidentiary hearings.--The court may conduct
evidentiary hearings if necessary to resolve factual issues.
(3) Rule of construction.--Nothing in this subsection shall
be construed to create any additional remedy.
(c) Definitions.--In this section the term ``State'' means any
State of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any territory or possession of the United States.
(d) Applicability.--The provisions of this section shall apply
during the current fiscal year and hereafter.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018''.
Calendar No. 216
115th CONGRESS
1st Session
S. 1780
[Report No. 115-152]
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A BILL
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2018, and
for other purposes.
_______________________________________________________________________
September 7, 2017
Read twice and placed on the calendar