[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5912 Reported in House (RH)]
<DOC>
Union Calendar No. 537
114th CONGRESS
2d Session
H. R. 5912
[Report No. 114-693]
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2017, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 15, 2016
Ms. Granger, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2017, 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, 2017, 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, $6,093,181,000, of which up to
$629,055,000 may remain available until September 30, 2018, and of
which up to $1,899,479,000 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, $2,541,247,000, of which up
to $463,417,000 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, $1,344,199,000.
(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, $749,428,000.
(4) Security programs.--For necessary expenses for security
activities, $1,458,307,000, of which up to $1,436,062,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,840,900 shall be derived from
fees collected from other executive agencies for lease
or use of facilities located at the International
Center in accordance with section 4 of the
International Center Act, and, in addition, as
authorized by section 5 of such Act, $1,320,000, to be
derived from the reserve authorized by such section, to
be used for the purposes set out in that section;
(B) 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
(C) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer, 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 $14,000,000 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 in this
Act 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.
capital investment fund
For necessary expenses of the Capital Investment Fund, $12,600,000,
to remain available until expended, as authorized.
office of inspector general
For necessary expenses of the Office of Inspector General,
$87,069,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post inspections:
Provided, That of the funds appropriated under this heading,
$13,060,000 may remain available until September 30, 2018.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $602,790,000, to remain available until expended, of which
not less than $236,000,000 shall be for the Fulbright Program and not
less than $112,000,000 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 not later than
45 days after enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations detailing
modifications made to existing educational and cultural exchange
programs since calendar year 2015, including for special academic and
special professional and cultural exchanges: 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,
$30,036,000, to remain available until September 30, 2018.
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, $759,161,000, to remain
available until expended as authorized, 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.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $358,698,000, to remain
available until expended: 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 2017.
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,
$7,900,000, to remain available until expended as authorized, 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, $2,300,000, 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
$4,305,000.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $30,000,000.
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, $1,279,384,000:
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 May 1, 2017, and 30 days after the end of
fiscal year 2017, the Secretary of State shall report to the Committees
on Appropriations any credits available to the United States, including
from the United Nations Tax Equalization Fund, and provide updated
fiscal year 2017 and fiscal year 2018 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 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 available 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, $563,866,000, of which
15 percent shall remain available until September 30, 2018: 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
and 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 illegal sexual exploitation 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 in making the required certification and report in the
previous proviso, the Secretary of State shall evaluate and report on
whether each mission has established and is effectively implementing
the policies and procedures described under this heading in the report
accompanying this Act: Provided further, That funds shall be available
for peacekeeping expenses unless the Secretary of State determines that
American 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 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 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 May 1, 2017, and
30 days after the end of fiscal year 2017, the Secretary of State shall
report to the Committees on Appropriations any credits available to the
United States, including those resulting from United Nations
peacekeeping missions or the United Nations Tax Equalization Fund, and
provide updated fiscal year 2017 and fiscal year 2018 assessment costs
including offsets from available credits: Provided further, That any
such credits shall only be available for United States assessed
contributions to the United Nations, 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
available 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, $45,307,000.
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),
$12,258,000: Provided, That of the amount provided under this heading
for the International Joint Commission, up to $500,000 may remain
available until September 30, 2018, 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, $36,681,000: 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, $758,267,000:
Provided, That in addition to amounts otherwise available for such
purposes, up to $38,348,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $15,000,000 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 authority provided by section
504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003
(Public Law 107-228; 22 U.S.C. 6206 note) shall remain in effect
through September 30, 2017: Provided further, That the BBG shall notify
the Committees on Appropriations within 15 days of any determination by
the Board 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, $8,876,000, 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.), $35,300,000, to remain available until September 30, 2018,
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,
2017, 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, 2017, 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), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 2017, to remain available until expended.
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, $888,000, 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, 2017: 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, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
$3,500,000, to remain available until September 30, 2018, including not
more than $4,000 for representation expenses.
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, $2,579,000,
including not more than $4,000 for representation expenses, to remain
available until September 30, 2018.
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, 2018.
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, 2018:
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 2017 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, $1,184,416,000, of which up to
$177,662,000 may remain available until September 30, 2018: 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 (USAID), 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 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, $199,985,000, 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, $67,600,000, of which up to
$10,140,000 may remain available until September 30, 2018, 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, $3,246,500,000, to remain available until September 30, 2018,
and which shall be apportioned directly to the United States Agency for
International Development (USAID): 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 promote global health
security and address emerging 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 GAVI, the Vaccine Alliance, and the United Nations Children's Fund:
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, 2021, 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), as
amended, 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 up to 5 percent of the aggregate
amount of funds made available to the Global Fund in fiscal year 2017
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, $2,780,971,000, to remain
available until September 30, 2018.
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, $909,057,000, to
remain available until expended.
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
(USAID), pursuant to section 491 of the Foreign Assistance Act of 1961,
$40,600,000, to remain available until expended, to support transition
to democracy and long-term development of countries in crisis:
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.
development credit authority
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development (USAID), as
authorized by sections 256 and 635 of the Foreign Assistance Act of
1961, up to $40,000,000 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 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 costs, including if the costs
result 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 $1,500,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $8,120,000, 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, 2019.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $1,601,559,000, to
remain available until September 30, 2018.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
$150,500,000, to remain available until September 30, 2018, of which
$82,250,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights and Labor, Department of
State, and $68,250,000 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), $491,119,000, to remain available until September
30, 2018, which shall be available, notwithstanding any other provision
of law, except section 7070 of this Act, for assistance and related
programs for countries identified in section 3 of Public Law 102-511
and section 3(c) of Public Law 101-179, in addition to funds otherwise
available for such purposes: Provided, That funds appropriated by this
Act under the headings ``Global Health Programs'' and ``Economic
Support Fund'' 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, $771,096,000, to remain available until expended, of which not
less than $35,000,000 shall be made available to respond to small-scale
emergency humanitarian requirements, $7,500,000 shall be made available
for refugees resettling in Israel, and not more than $394,254,000 shall
be made available for the United States Refugee Admissions Program.
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 $5,150,000 is
for the Office of Inspector General, to remain available until
September 30, 2018: 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),
$901,000,000, 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 (the Corporation): 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 2017:
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 Chief Executive Officer of the Corporation
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 publication in the Federal Register of a notice of availability of
a copy of a Compact on the Millennium Challenge Corporation 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, 2018: 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 title V of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533),
$30,000,000, to remain available until September 30, 2018, 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, 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 Committees on Appropriations 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 Foundation Development 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, $28,500,000, to remain available
until September 30, 2019, 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, $1,003,570,000, to remain available until
September 30, 2018: 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 that 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 appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, and other judicial authorities, utilizing
regional partners: 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, $506,381,000, to remain
available until September 30, 2018, 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): 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
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 of the funds
made available under this heading, $175,000,000 shall be made available
for the Counterterrorism Partnerships Fund and shall be subject to the
regular notification procedures of the Committees on Appropriations, of
which not less than $95,000,000 shall be made available for non-lethal
assistance to the security forces of the Kurdistan Regional Government:
Provided further, That funds made available pursuant to the previous
proviso for assistance for the security forces of the Kurdistan
Regional Government shall be administered by the Assistant Secretary
for Near Eastern Affairs, Department of State, in consultation with the
Assistant Secretary for Political-Military Affairs, Department of State
and may be transferred to, and merged with, funds appropriated under
the heading ``Peacekeeping Operations'': Provided further, That the
transfer authority of the previous proviso is in addition to any
transfer authority otherwise available under any other provision of
law: 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, $162,254,000: Provided, That
funds appropriated under this heading may be used, notwithstanding
section 660 of such Act, 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 $44,500,000 shall
be made available for a United States contribution to the Multinational
Force and Observers mission in the Sinai: Provided further, That none
of the funds appropriated under this heading shall be obligated except
as provided through the regular notification procedures of the
Committees on Appropriations.
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, of which up to
$6,000,000 may remain available until September 30, 2018: 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,
$4,795,612,000: 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, and funds are available for assistance for Jordan and
Egypt subject to section 7041 of this Act: Provided further, That the
funds appropriated under this heading for assistance for Israel 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 none of the funds made available under this heading shall be made
available to support or continue any program initially funded under the
authority of section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), or section 2282
of title 10, United States Code, unless the Secretary of State, in
coordination with the Secretary of Defense, has justified such program
to the Committees on Appropriations: 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 less than
$80,000,000 of the funds appropriated under this heading shall 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: 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 2017 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded through the
regular notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
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, $146,563,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,197,128,000, to remain available until
expended.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$5,963,000, to remain available until expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion of
the increase in capital stock, $21,940,000, 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, $99,233,000, 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, $175,668,000, 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.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $23,000,000, to remain available until
expended.
contribution to the north american development bank
For payment to the North American Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion of
the increase in capital stock, $10,000,000, to remain available until
expended.
limitation on callable capital subscriptions
The Secretary of the Treasury 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 $255,000,000.
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, $6,000,000, to remain available until September 30, 2018.
program account
The Export-Import Bank (the 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 104 of the Government
Corporation Control Act, 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 $106,250,000: 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 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,
as amended, and the Federal Credit Reform Act of 1990, as amended, 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 2017 in
excess of obligations, up to $10,000,000 shall become available on
September 1, 2017, and shall remain available until September 30, 2020.
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 $62,787,000: 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, $20,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, 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 2017, 2018, and 2019:
Provided further, That funds so obligated in fiscal year 2017 remain
available for disbursement through 2025; funds obligated in fiscal year
2018 remain available for disbursement through 2026; and funds
obligated in fiscal year 2019 remain available for disbursement through
2027: 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, $65,000,000, to remain available
until September 30, 2018: Provided, That of the amounts made available
under this heading, up to $2,500,000 may be made available to provide
comprehensive procurement advice to foreign governments to support
local procurements funded by the United States Agency for International
Development, the Millennium Challenge Corporation, and the Department
of State: Provided further, 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 2017 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.--Of funds provided
under title I of this Act, except as provided in subsection (b), a
project to construct a diplomatic facility of the United States may not
include office space or other accommodations for an employee of a
Federal agency or department to the extent that the Secretary of State
determines that such department or agency has not provided to the
Department of State the full amount of funding required by subsection
(e) of section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
of Public Law 106-113 and contained in appendix G of that Act; 113
Stat. 1501A-453), as amended by section 629 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2005.
(b) Exception.--Notwithstanding the prohibition in subsection (a),
a project to construct a diplomatic facility of the United States may
include office space or other accommodations for members of the United
States Marine Corps.
(c) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2017 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note),
the Secretary of State, in consultation with the Director of the Office
of Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the Department of
State's contribution for this purpose.
(d) Consultation and Notification Requirements.--Funds appropriated
by this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs, which may be made
available for the acquisition of property or award of construction
contracts for overseas diplomatic facilities during fiscal year 2017,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided,
That notifications pursuant to this subsection shall include the
information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in the report accompanying this Act.
(e) Reports.--
(1) None of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'' in this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs, made available
through Federal agency Capital Security Cost Sharing
contributions and reimbursements, or generated from the
proceeds of real property sales, other than from real property
sales located in London, United Kingdom, may be made available
for site acquisition and mitigation, planning, design, or
construction of the New London Embassy: Provided, That the
reporting requirement contained in section 7004(f)(2) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74)
shall remain in effect during fiscal year 2017.
(2) Within 45 days of enactment of this Act and every 4
months thereafter until September 30, 2017, the Secretary of
State shall submit to the Committees on Appropriations a report
on the new Mexico City Embassy and Beirut Embassy projects:
Provided, That such report shall include, for each of the
projects--
(A) a detailed breakout of the project factors that
formed the basis of the initial cost estimate used to
justify such project to the Committees on
Appropriations, as described under the heading
``Embassy Security Construction and Maintenance'' in
the report accompanying this Act;
(B) a comparison of the current project factors as
compared to the project factors submitted pursuant to
subparagraph (A) of this subsection, and an explanation
of any changes; and
(C) the impact of currency exchange rate
fluctuations on project costs.
(f) Interim and Temporary Facilities Abroad.--
(1) Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available to address security vulnerabilities at interim and
temporary facilities abroad, including physical security
upgrades and local guard staffing, except that the amount of
funds made available for such purposes from this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be a minimum of
$25,000,000: Provided, That the uses of such funds should be
the responsibility of the Assistant Secretary of State for the
Bureau of Diplomatic Security and Foreign Missions, in
consultation with the Director of the Bureau of Overseas
Buildings Operations: Provided further, That such funds shall
be subject to prior consultation with the Committees on
Appropriations.
(2) Notwithstanding any other provision of law, the
opening, closure, or any significant modification to an interim
or temporary diplomatic facility shall be subject to prior
consultation with the appropriate congressional committees and
the regular notification procedures of the Committees on
Appropriations, except that such consultation and notification
may be waived if there is a security risk to personnel.
(3) Not later than 60 days after enactment of this Act, the
Secretary of State shall report to the Committees on
Appropriations on any changes made to the standard operating
procedures and best practices associated with the delivery,
construction and protection of temporary structures in high
threat and conflict environments subsequent to completion of
the documentation requirement of section 7004(f)(3) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2016 (division K of Public Law 114-113).
(g) Transfer 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 titles I and VIII of this Act may be transferred to,
and merged with, funds appropriated by such titles under such headings
if the Secretary of State determines and reports to the Committees on
Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board, or to
prevent or respond to security situations and requirements, following
consultation with, and subject to the regular notification procedures
of, such Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available under any other
provision of law.
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 and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
local guard contracts
Sec. 7006. In evaluating proposals for local guard contracts, the
Secretary of State shall award contracts in accordance with section 136
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(22 U.S.C. 4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined by a
cost-technical tradeoff analysis (as described in Federal Acquisition
Regulation part 15.101), notwithstanding subsection (c)(3) of such
section: Provided, That the authority in this section shall apply to
any options for renewal that may be exercised under such contracts that
are awarded during the current fiscal year: Provided further, That the
Secretary shall notify the appropriate congressional committees at
least 15 days prior to making an award pursuant to this section for a
local guard and protective service contract for a United States
diplomatic facility not deemed ``high-risk, high-threat''.
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 authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between, and
merged with, such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 10 percent by any such transfers, and no such
transfer may be made to increase the appropriation under the
heading ``Representation Expenses''.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting
Board of Governors under title I of this Act may be transferred
between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers.
(3) Any transfer pursuant to this 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 Transfer Authorities.--Not to exceed 5 percent of any
appropriation other than for administrative expenses made available for
fiscal year 2017, for programs under title VI of this Act may be
transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II
through V of this Act may be transferred to any department,
agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriations Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(3) Any agreement entered into by the United States Agency
for International Development (USAID) or the Department of
State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', ``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) Transfers Between Accounts.--None of the funds made available
under titles II through V of this Act may be obligated under an
appropriation account to which such funds were not appropriated, except
for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or prior
Acts, entered into between the Department of State or USAID and another
agency of the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Inspector General
(IG) for the agency receiving the transfer or allocation of such funds,
or other entity with audit responsibility if the receiving agency does
not have an IG, shall perform periodic program and financial audits of
the use of such funds 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, 2016 (division K of Public Law
114-113) 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 first-class travel
Sec. 7010. None of the funds made available in this Act may be
used for first-class travel by employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
availability of funds
Sec. 7011. (a) Availability.--No part of any appropriation
contained in this Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so provided in
this Act.
(b) Authority.--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, 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, 2017, detailing by account
and source year, the use of this authority during the previous fiscal
year.
(c) Limitation.--The authority in subsection (b) shall not apply
unless the Secretary of State certifies and reports to the Committees
on Appropriations that the Department of State has implemented--
(1) the recommendations of the Foreign Assistance Data
Review, including--
(A) the development of a standard foreign
assistance management business process;
(B) identification of changes to existing systems
and new system requirements by bureau to meet the new
business process; and
(C) development of an integrated system solution,
including standards and governance, to meet all
requirements of the new foreign assistance business
process; and
(2) the recommendations contained in the Office of
Inspector General report entitled, ``Department Financial
Systems Are Insufficient to Track and Report on Foreign
Assistance Funds'', including--
(A) the development of a list of requirements
related to tracking and reporting foreign assistance
funding by program, project, country, region, and
purpose (sector); and
(B) the development and implementation of a
comprehensive plan with target completion dates to
address foreign assistance funding tracking and
reporting requirements.
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 consultations
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 shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
percent of the total taxes assessed during fiscal year 2017 on funds
appropriated by this Act by a foreign government or entity against
United States assistance programs for which funds are appropriated by
this Act, either directly or through grantees, contractors, and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2018 and allocated for the
central government of such country and for the West Bank and Gaza
program to the extent that the Secretary of State certifies and reports
in writing to the Committees on Appropriations, not later than
September 30, 2018, that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each country or entity pursuant to subsection (b) shall be reprogrammed
for assistance for countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible manner.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity if the Secretary of State reports to the
Committees on Appropriations that--
(A) such country or entity does not assess taxes on
United States assistance or has an effective
arrangement that is providing substantial reimbursement
of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
country or entity.
(f) Implementation.--The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section--
(1) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United
States and such government that describes, among other things,
the treatment for tax purposes that will be accorded the United
States assistance provided under that agreement; 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.
(h) Report.--The Secretary of State, in consultation with the heads
of other relevant departments or agencies, shall submit a report to the
Committees on Appropriations, not later than 90 days after the
enactment of this Act, detailing steps taken by such departments or
agencies to comply with the requirements of this section.
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 (USAID)
that are specifically designated for particular programs or activities
by this or any other Act may be extended for an additional fiscal year
if the Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(c) 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 in prior appropriations Acts to the agencies and
departments funded by this Act that remain available for obligation in
fiscal year 2017, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or of currency reflows
or other offsetting collections, or made available by transfer, to the
agencies and departments funded by this Act, shall be available for
obligation to--
(1) create new programs;
(2) eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, 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 provided under previous
appropriations Acts to the agency or department funded under titles I
and II of this Act that remain available for obligation in fiscal year
2017, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agency or
department funded under title I of this Act, shall be available for
obligation or expenditure for activities, programs, or projects through
a reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less, that--
(1) augments 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
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'', ``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 (g) 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) Notification of Transfer of Funds.--Notwithstanding any other
provision of law, with the exception of funds transferred to, and
merged with, funds appropriated under title I of this Act, funds
transferred by the Department of Defense to the Department of State and
the United States Agency for International Development for assistance
for foreign countries and international organizations, and funds made
available for programs previously authorized under section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163) or section 2282 of title 10, United States Code, 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) 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(o)(3) of this Act shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided, That such notification shall include the
information specified under this section in the report accompanying
this Act.
(g) 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, Bolivia, Burma, Cambodia,
Colombia, Cuba, Ecuador, El Salvador, Ethiopia, Guatemala, Haiti,
Honduras, Iran, Iraq, Lebanon, Libya, Pakistan, 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.
(h) 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.
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 or section 7048(a) of this
Act, shall remain available for obligation until September 30, 2018:
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
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act 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: Provided, That
such designated amounts for foreign countries and international
organizations shall serve as the amounts for such countries and
international organizations transmitted to the Congress in the report
required by section 653(a) of the Foreign Assistance Act of 1961 (FAA).
(b) Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State and the Administrator of the United States
Agency for International Development, as applicable, may only deviate
up to 5 percent from the amounts specifically designated in the
respective tables included in the report accompanying this Act:
Provided, That such percentage may be exceeded only to respond to
significant, exigent, or unforeseen events, or to address other
exceptional circumstances directly related to the national interest:
Provided further, That deviations pursuant to the previous proviso
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the FAA, no deviations authorized by subsection (b) may take
place until submission of such report.
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--
(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 but not
limited to 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
interests 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 interests.
(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.
(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'' 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 of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
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(o)(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 (USAID) shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) Reporting requirement.--The USAID Administrator shall
report 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 2017, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480): Provided, That none of the funds
appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
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 (USAID) may only
be made available for limited competitions through local entities if--
(1) prior to the determination to limit competition to
local entities, USAID has--
(A) assessed the level of local capacity to
effectively implement, manage, and account for programs
included in such competition; and
(B) documented the written results of the
assessment and decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been
determined to be responsible in accordance with USAID
guidelines; and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) Reporting Requirement.--In addition to the requirements of
subsection (a)(1), the USAID Administrator shall report to the
appropriate congressional committees not later than 30 days after the
end of fiscal year 2017 on all awards subject to limited or no
competition for local entities: Provided, That such report should be
posted on the USAID Web site: Provided further, That the requirements
of this subsection shall only apply to awards in excess of $3,000,000
and sole source awards to local entities in excess of $2,000,000.
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 180 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken by the United States
executive directors and the international financial institutions
consistent with this subsection.
(b) 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.
(c) 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.
(d) 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.
(e) 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;
(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 (USAID) or
the Secretary of State, as appropriate, shall suspend any
direct government-to-government assistance if the Administrator
or the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such misuse has
been appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2018 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 6 months thereafter until September 30, 2017, 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 for 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(o)(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).
(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 made available for such purposes: Provided
further, That a description of the uses of such funds shall be
included in the annual ``Fiscal Transparency Report'' required
by paragraph (3).
(c) Anti-Kleptocracy and Human Rights.--
(1)(A) 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 may also publicly or privately designate
or identify officials of foreign governments and their
immediate family members about whom the Secretary has such
credible information without regard to whether the individual
has applied for a visa.
(2) 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) 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) 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 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, 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, 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, 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 Administrator of the United
States Agency for International Development (USAID), 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) Program Design and Implementation.--
(1) 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 contractors and small businesses, from competing for
proposals for USAID-funded civil society and political
competition and consensus building programs.
(2) Report.--Not later than September 30, 2017, 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, 2016
(division K of Public Law 114-113), which shall include funding
level, account, program sector and subsector, and a brief
summary of purpose.
(g) Consultation and Communication Requirements.--
(1) Country allocations.--The Deputy Secretary for
Management and Resources, Department of State, shall consult
with the Under Secretary for Civilian Security, Democracy and
Human Rights, Department of State, and the Assistant
Administrator for Democracy, Conflict, and Humanitarian
Assistance, USAID, on the proposed funding levels for democracy
programs by country in the report submitted to Congress
pursuant to section 653(a) of the Foreign Assistance Act of
1961.
(2) 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.
(3) Report on program changes.--The Secretary of State or
the USAID Administrator, as appropriate, shall report to the
Committees on Appropriations 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.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and Special
Envoy to Promote Religious Freedom.--
(1) Funds appropriated by this Act under the heading ``Diplomatic
and Consular Programs'' shall be made available for the Office of the
Ambassador-at-Large for International Religious Freedom and 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), and
including for support staff, at not less than the amounts contained for
such Office and Envoy in the table under such heading in the report
accompanying this Act.
(2) Of the funds appropriated under the heading ``Diplomatic and
Consular Programs'' and designated for the Office of International
Religious Freedom, $1,000,000 shall be made available for the
development and implementation of an international religious freedom
curriculum in accordance with section 103 of H.R. 1150, the Frank R.
Wolf International Religious Freedom Act, as passed by the House of
Representatives on May 16, 2016.
(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 (HRDF),
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.--Funds
appropriated by this Act under the heading ``Economic Support
Fund'' 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) accelerate 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;
(C) build resilience and help reestablish
livelihoods for displaced and persecuted persons in
their communities of origin; and
(D) improve access to secure locations for
obtaining humanitarian and resettlement services.
(4) Responsibility of funds.--Funds made available by
paragraphs (1) and (2) 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.--Funds appropriated by this Act under
the heading ``Diplomatic and Consular Programs'' shall be made
available for support of the Atrocities Prevention Board.
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) 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
2017 as if part of this Act.
(3) Forensic assistance.--
(A) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$4,000,000 shall be made available for forensic
anthropology assistance related to the exhumation of
mass graves and the identification of victims of war
crimes, crimes against humanity, or genocide, of which
not less than $3,000,000 should be made available for
such assistance in Guatemala, Peru, Colombia, Iraq,
Syria, and Sri Lanka, 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'', not less than $8,000,000 shall be made
available for DNA forensic technology programs to
combat human trafficking in Central America and Mexico.
(4) 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 2017 as if part of
this Act.
(5) 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.
(6) 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 2016, by country and
purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(7) Modernization initiative, withholding, and reporting
requirement.--
(A) Modernization initiative.--Of the funds
appropriated by this Act under the heading ``Foreign
Military Financing Program'' for the general costs of
administering military assistance and sales, not less
than $5,000,000 shall be made available to modernize
sales programs authorized by Chapter 2 of the Arms
Export Control Act, in accordance with the requirements
described under the heading ``Foreign Military
Financing Program'' in the report accompanying this
Act.
(B) Withholding.--Of the funds made available in
paragraph (3) under the heading ``Diplomatic and
Consular Programs'' in title I of this Act and notified
to the Committees on Appropriations for the Office of
the Secretary in the operating plan required by section
7076 of this Act, 10 percent shall be withheld from
obligation until the Secretary of State reports to the
Committees on Appropriations that the solicitation
described under the heading ``Foreign Military
Financing Program'' in the report accompanying this Act
is posted.
(C) Quarterly report.--Not later than March 31,
2017, and every 90 days thereafter until September 30,
2017, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the Committees on
Appropriations a report on the status of pending sales
made pursuant to Chapter 2 of the Arms Export Control
Act in accordance with the requirements enumerated
under the heading ``Foreign Military Financing
Program'' in the report accompanying this Act.
(c) Contribution.--Funds managed by the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency for
International Development (USAID), from this or any other Act, may be
made available as a general contribution to the World Food Programme:
Provided, That funds made available pursuant to the authority of this
subsection shall be subject to section 7048 of this Act.
(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) Authority.--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 2017: 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.
(e) Partner Vetting.--Funds appropriated by this Act or in titles I
through IV of prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be used by the
Secretary of State and the USAID Administrator, as appropriate, to
support the continued implementation of the Partner Vetting System
(PVS) pilot program: Provided, That the Secretary of State and the
USAID Administrator shall inform the Committees on Appropriations, at
least 30 days prior to completion of the pilot program, on the criteria
for evaluating such program, including for possible expansion: Provided
further, That not later than 180 days after completion of the pilot
program, the Secretary and USAID Administrator shall jointly submit a
report to the Committees on Appropriations, in classified form if
necessary, detailing the findings, conclusions, and any recommendations
for expansion of such program: Provided further, That not less than 30
days prior to the implementation of any recommendations for expanding
the PVS pilot program the Secretary of State and USAID Administrator
shall consult with the Committees on Appropriations and with
representatives of agency implementing partners on the findings,
conclusions, and recommendations in such report, as appropriate.
(f) Contingencies.--During fiscal year 2017, 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) Transfers for Extraordinary Protection.--The Secretary of State
may transfer to, and merge with, funds under the heading ``Protection
of Foreign Missions and Officials'' unobligated balances of expired
funds appropriated under the heading ``Diplomatic and Consular
Programs'' for fiscal year 2017, 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) 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 2017 as if part of this Act.
(k) Extension of Authorities.--
(1) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September
30, 2017.
(2) Foreign service officer annuitant waiver.--Section
824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g))
shall be applied by substituting ``September 30, 2017'' for
``October 1, 2010'' in paragraph (2).
(3) Department of state civil service annuitant waiver.--
Section 61(a) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2733(a)) shall be applied by substituting
``September 30, 2017'' for ``October 1, 2010'' in paragraph
(2).
(4) 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,
2017'' for ``October 1, 2010'' in subparagraph (B).
(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
2016'' and inserting ``2016, and 2017''; and
(ii) in subsection (e), by striking
``2016'' each place it appears and inserting
``2017''; and
(B) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2016'' and inserting
``2017''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations
Act, 2010 (Public Law 111-212) shall remain in effect through
September 30, 2017.
(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 ``2017'' and inserting
``2018''.
(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 2017'' and inserting ``2017, and 2018''.
(l) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-477) may be made available for
pharmaceuticals and other products for child survival, malaria, and
tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other
products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2005 (Public Law 108-477) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds deposited
for such non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State shall
include in the congressional budget justification an accounting of
budgetary resources, disbursements, balances, and reimbursements
related to such fund.
(m) 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 Jordan,
Ukraine, Iraq, and Tunisia, which are authorized to be provided:
Provided, That amounts made available under this subsection for the
costs of such guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a country:
Provided further, That funds made available pursuant to this subsection
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That amounts made available pursuant to this subsection from
prior Acts 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 and shall be available only if the President subsequently
so designates all such amounts and transmits such designations to the
Congress.
(n) Green Climate Fund Prohibition.--None of the funds appropriated
or otherwise made available by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs may be made available as a contribution, grant, or any
other payment to the Green Climate Fund.
(o) Definitions.--
(1) Unless otherwise defined in this Act, for purposes of
this Act the term ``appropriate congressional committees''
shall mean the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives.
(2) Unless otherwise defined in this Act, for purposes of
this Act the term ``funds appropriated in this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs'' shall mean funds that remain
available for obligation, and have not expired.
(3) For the purposes of this Act ``international financial
institutions'' shall mean the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Asian Development Fund, the Inter-
American Investment Corporation, the North American Development
Bank, the European Bank for Reconstruction and Development, the
African Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) 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.
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 2017, 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 any funds provided as cash transfer
assistance, in fiscal year 2017 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.
(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 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) Report on governance.--
(A) Not later than 90 days after enactment of this
Act and every 90 days thereafter until September 30,
2017, the Secretary of State shall report to the
Committees on Appropriations on steps taken by the
Government of Egypt to--
(i) advance democracy and human rights in
Egypt, including to govern democratically and
protect religious minorities and the rights of
women;
(ii) implement reforms that protect
freedoms of expression, association, and
peaceful assembly, including the ability of
civil society organizations and the media to
function without interference; and
(iii) improve the transparency and
accountability of security forces.
(B) The report required by subparagraph (A) may be
provided in classified form if necessary.
(3) Economic support fund.--
(A) Funding.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', up to
$150,000,000 may be made available for assistance for
Egypt, subject to prior consultation with the
appropriate congressional committees and the regular
notification procedures of the Committees on
Appropriations and section 634A of the Foreign
Assistance Act of 1961: Provided, That such funds may
be made available for democracy programs and for
programs that support development and security in the
Sinai: Provided further, That such funds may 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''.
(4) Foreign military financing program.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', $1,300,000,000, to remain available until
September 30, 2018, shall be made available for assistance for
Egypt which may be transferred to an interest bearing account
in the Federal Reserve Bank of New York, following consultation
with the Committees on Appropriations: Provided, That not later
than 90 days after enactment of this Act, the Secretary of
State shall report to the Committees on Appropriations on the
impact of restructuring military assistance for Egypt: Provided
further, That such report shall include the requirements
contained under this section in the report accompanying this
Act.
(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 paragraph (2) of section 7041(c) in division I of Public Law
112-74 shall continue in effect during fiscal year 2017 as if
part of this Act.
(3) Reports.--
(A) The Secretary of State shall submit to the
Committees on Appropriations the semi-annual report
required by section 2 of the Iran Nuclear Agreement
Review Act of 2015 (42 U.S.C. 2160e(d)(4)).
(B) 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 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
Kurdistan and other areas impacted by the conflict in Syria,
and among religious and ethnic minority populations in Iraq.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for construction, rehabilitation, or
other improvements to United States diplomatic facilities in
Iraq on property for which no land-use agreement has been
entered into by the Governments of the United States and Iraq:
Provided, That the restrictions in this paragraph shall not
apply if such funds are necessary to protect United States
diplomatic facilities or the security, health, and welfare of
United States personnel.
(3) Kurdistan regional government.--
(A) Funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made
available for a loan guarantee for Iraq pursuant to
section 7034(m) shall, after consultation with the
Government of Iraq and as a condition of obligation,
provide that not less than 17 percent of the proceeds
of such financing be made available to the Kurdistan
Regional Government.
(B) Funds appropriated by this Act under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing
Program'' that are available for assistance for Iraq
shall be made available to enhance the capacity of the
security forces of the Kurdistan Regional Government
and for security programs in Kurdistan to address
requirements arising from the violence in Syria and
Iraq: Provided, That the Secretary of State shall
consult with the Committees on Appropriations prior to
obligating such funds.
(4) Iraq foreign military financing program loan
authority.--During fiscal year 2017, direct loans under section
23 of the Arms Export Control Act may be made available for
Iraq, gross obligations for the principal amounts of which
shall not exceed $2,700,000,000: Provided, That funds
appropriated under the heading ``Foreign Military Financing
Program'' in title VIII of this Act that are 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, as amended,
may be made available for the costs, as defined in section 502
of the Congressional Budget Act of 1974, of such loans, except
that such funds may not be derived from amounts specifically
designated for countries other than Iraq: Provided further,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget
Act of 1974, and may include the costs of selling, reducing, or
cancelling any amounts owed to the United States or any agency
of the United States by Iraq: Provided further, That the
Government of the United States may charge fees for such loans,
which shall be collected from borrowers in accordance with
section 502(7) of the Congressional Budget Act of 1974:
Provided further, That no funds made available to Iraq by this
Act or any other Act may be used for payment of any fees
associated with these loans: Provided further, That applicable
provisions of section 3 of the Arms Export Control Act relating
to restrictions on transfers, re-transfers and end-use shall
apply to defense articles and services purchased with such
loans: Provided further, That, in consultation with the
Government of Iraq, special emphasis shall be placed on
assistance to covered groups (as defined in section
1223(e)(2)(D) of the National Defense Authorization Act 2016
(Public Law 114-92)) with proceeds from the loans made
available pursuant to this paragraph: Provided further, That
with respect to the Kurdish Peshmerga, the term ``special
emphasis'' in the previous proviso shall mean providing not
less than 17 percent of the proceeds of such financing to such
group: Provided further, That such loans shall be repaid in not
more than 12 years, including a grace period of up to 1 year on
repayment of principal: Provided further, That funds made
available pursuant to this section shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(5) 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 $1,275,000,000 shall be made available for
assistance for Jordan, of which not less than $375,000,000 shall be 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.
(2) Consultation requirement.--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) 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 detailed spend plan,
including actions to be taken to ensure equipment provided to
the LAF is only used for the intended purposes, except such
plan may not be considered as meeting the notification
requirements under section 7015 of this Act or under section
634A of the Foreign Assistance Act of 1961, and shall be
submitted not later than September 1, 2017: Provided further,
That any notification submitted pursuant to such sections shall
include any funds specifically intended for lethal military
equipment.
(f) Libya.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for the central Government
of Libya unless the Secretary of State reports to the
Committees on Appropriations that such government is
cooperating with United States Government efforts to
investigate and bring to justice those responsible for the
attack on United States personnel and facilities in Benghazi,
Libya in September 2012: Provided, That the limitation in this
paragraph shall not apply to funds made available for the
purpose of protecting United States Government personnel or
facilities.
(2) Certification requirement.--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, including a
description of the vetting procedures to be used for recipients
of assistance made available under title IV of this Act.
(g) Morocco.--Funds appropriated under title III of this Act that
are made available for assistance for Morocco shall also be made
available for assistance for any region or territory administered by
Morocco, including for the Western Sahara: Provided, That not later
than 45 days after enactment of this Act and prior to the obligation of
such funds the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall consult with the Committees on Appropriations on the
proposed uses of such funds based on the requirements described under
this section in the report accompanying this Act.
(h) Refugees in North Africa.--The Secretary of State shall take
all practicable steps to secure the cooperation of the Government of
Algeria for the United Nations High Commissioner for Refugees to
conduct a census of the refugee camps near Tindouf, Algeria.
(i) Syria.--
(1) Non-lethal assistance.--Funds appropriated under title
III of this Act shall be made available, notwithstanding any
other provision of law except for this subsection, for non-
lethal assistance for programs to address the needs of
civilians affected by conflict in Syria, and for programs that
seek to--
(A) establish governance in Syria that is
representative, inclusive, and accountable;
(B) expand the role of women in negotiations to end
the violence and in any political transition in Syria;
(C) develop and implement political processes that
are democratic, transparent, and adhere to the rule of
law;
(D) further the legitimacy of the Syrian opposition
through cross-border programs;
(E) develop civil society and an independent media
in Syria;
(F) promote economic development in Syria;
(G) document, investigate, and prosecute human
rights violations in Syria, including through
transitional justice programs and support for
nongovernmental organizations;
(H) counter extremist ideologies;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher
education requirements at regional academic
institutions; and
(J) assist vulnerable populations in Syria and in
neighboring countries.
(2) Strategy update.--Funds appropriated by this Act that
are made available for assistance for Syria pursuant to the
authority of this subsection may only be made available after
the Secretary of State, in consultation with the heads of
relevant United States Government agencies, submits, in
classified form if necessary, an update to the comprehensive
strategy required in section 7041(i)(3) of Public Law 113-76.
(3) Monitoring and oversight.--Prior to the obligation of
funds appropriated by this Act and made available for
assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria: Provided, That the Secretary shall promptly inform the
appropriate congressional committees of each instance in which
assistance provided pursuant to this subsection has been
compromised, to include the type and amount of assistance
affected, a description of the incident and parties involved,
and an explanation of the response of the Department of State.
(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 $160,400,000 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) 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.
(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) initiated or actively supported an ICC
investigation against Israeli nationals 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) Reduction.--If the requirements for assistance in
sections 7039 and 7040 of this Act are met, the Secretary of
State shall reduce the amount of assistance made available by
this Act under the heading ``Economic Support Fund'' for the
Palestinian Authority by an amount the Secretary determines is
equivalent to the amount expended by the Palestinian Authority
or the Palestine Liberation Organization in payments to
individuals and the families of such individuals that are
imprisoned for acts of terrorism or who died committing such
acts during the previous calendar year: Provided, That the
Secretary shall report to the Committees on Appropriations on
the amount reduced for fiscal year 2017 prior to the obligation
of funds for the Palestinian Authority: Provided further, That
the report in the previous proviso shall also include steps
taken to prevent any such payments.
(4) Security report.--The reporting requirements contained
in section 1404 of the Supplemental Appropriations Act, 2008
(Public Law 110-252) shall apply to funds made available by
this Act, including a description of modifications, if any, to
the security strategy of the Palestinian Authority.
(5) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing steps
taken by the Palestinian Authority to counter incitement of
violence against Israelis and to promote peace and coexistence
with Israel.
africa
Sec. 7042. (a) 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.
(b) 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.
(c) Counterterrorism Programs.--Of the funds appropriated by this
Act, not less than $69,821,000 should be made available for the Trans-
Sahara Counter-terrorism Partnership program, and not less than
$24,150,000 should be made available for the Partnership for Regional
East Africa Counterterrorism program.
(d) Lord's Resistance Army.--Funds appropriated by this Act shall
be made available for programs and activities in areas affected by the
Lord's Resistance Army (LRA) consistent with the goals of the Lord's
Resistance Army Disarmament and Northern Uganda Recovery Act (Public
Law 111-172), including to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support the
disarmament, demobilization, and reintegration of former LRA
combatants, especially child soldiers.
(e) Power Africa Initiative.--Funds appropriated by this Act that
are made available for the Power Africa initiative shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(f) South Sudan.--
(1) Funds appropriated by this Act that are made available
for assistance for South Sudan should--
(A) be prioritized for programs that respond to
humanitarian needs and the delivery of basic services
and to mitigate conflict and promote stability,
including to address protection needs and prevent and
respond to gender-based violence;
(B) support programs that build resilience of
communities to address food insecurity, maintain
educational opportunities, and enhance local
governance;
(C) be used to advance democracy, including support
for civil society, independent media, and other means
to strengthen the rule of law;
(D) support the transparent and sustainable
management of natural resources by assisting the
Government of South Sudan in conducting regular audits
of financial accounts, including revenues from oil and
gas, and the timely public disclosure of such audits;
and
(E) support the professionalization of security
forces, including human rights and accountability to
civilian authorities.
(2) None of the funds appropriated by this Act that are
available for assistance for the central Government of South
Sudan may be made available until the Secretary of State
certifies and reports to the Committees on Appropriations that
such government is taking effective steps to--
(A) end hostilities and pursue good faith
negotiations for a political settlement of the internal
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; and
(F) establish democratic institutions, including
accountable military and police forces under civilian
authority.
(3) The limitation of paragraph (2) shall not apply to--
(A) humanitarian assistance;
(B) assistance to 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
(CPA) and mutual arrangements related to the CPA.
(g) Sudan.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available for
assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost
of selling, reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees, and
credit agreements.
(3) The limitations of paragraphs (1) and (2) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for 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
(CPA), mutual arrangements related to post-referendum
issues associated with the CPA, or any other
internationally recognized viable peace agreement in
Sudan.
(h) Zimbabwe.--
(1) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against any extension by the respective
institution of any loan or grant to the Government of Zimbabwe,
except to meet basic human needs or to promote democracy,
unless the Secretary of State certifies and reports to the
Committees on Appropriations that the rule of law has been
restored, including respect for ownership and title to
property, and freedoms of expression, association, and
assembly.
(2) None of the funds appropriated by this Act shall be
made available for assistance for the central Government of
Zimbabwe, except for health and education, unless the Secretary
of State certifies and reports as required in paragraph (1),
and funds may be made available for macroeconomic growth
assistance if the Secretary reports to the Committees on
Appropriations that such government is implementing transparent
fiscal policies, including public disclosure of revenues from
the extraction of natural resources.
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--
(A) 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) Funds appropriated under title III of this Act
for assistance for Burma--
(i) may not be made available for budget
support for the Government of Burma;
(ii) shall be made available to strengthen
civil society organizations in Burma, including
as core support for such organizations;
(iii) shall be made available for
community-based organizations operating in
Thailand to provide 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'';
(iv) shall be made available for programs
to promote ethnic and religious tolerance,
including in Rakhine and Kachin states;
(v) may not be made available to any
successor or affiliated organization of the
State Peace and Development Council (SPDC)
controlled by former SPDC members that promotes
the repressive policies of the SPDC, or to any
individual or organization credibly alleged to
have committed gross violations of human
rights, including against Rohingya and other
minority groups;
(vi) may be made available for programs
administered by the Office of Transition
Initiatives, United States Agency for
International Development (USAID), for ethnic
groups and civil society in Burma to help
sustain ceasefire agreements and further
prospects for reconciliation and peace, which
may include support to representatives of
ethnic armed groups for this purpose; and
(vii) may not be made available to any
organization or individual the Secretary of
State determines and reports to the appropriate
congressional committees advocates violence
against ethnic or religious groups and
individuals in Burma.
(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
should 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--
(A) promote accountability and transparency,
including on-site monitoring throughout the life of the
project;
(B) are developed and carried out in accordance
with best practices regarding environmental
conservation; social and cultural protection and
empowerment of local populations, particularly ethnic
nationalities; and extraction of resources;
(C) do not promote the displacement of local
populations without appropriate consultation, harm
mitigation and compensation, and do not provide
incentives for, or facilitate, the forced migration of
indigenous communities; and
(D) do not partner with or otherwise involve
military-owned enterprises or state-owned enterprises
associated with the military.
(4) Programs, position, and responsibilities.--
(A) Any new program or activity in Burma initiated
in fiscal year 2017 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 2017 as if part
of this Act.
(b) North Korea.--
(1) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasts into North Korea at levels
consistent with the prior fiscal year.
(2) Refugees.--Funds appropriated by this Act under the
heading ``Migration and Refugee Assistance'' shall be made
available for assistance for refugees from North Korea,
including protection activities in the People's Republic of
China and other countries in the Asia region.
(3) Limitation on use of funds.--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.
(c) 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), following consultation with
the Committees on Appropriations.
(4) Prohibition.--
(A) None of the funds appropriated by this Act
under the headings ``Global Health Programs'',
``Development Assistance'', and ``Economic Support
Fund'' may be made available for assistance for the
government of the People's Republic of China.
(B) The limitation of subparagraph (A) shall not
apply to assistance described in paragraph (2) of
subsection (d) of this section and for programs to
detect, prevent, and treat infectious disease.
(d) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of projects
in Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Programs for tibetan communities.--
(A) Notwithstanding any other provision of law,
funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available to
nongovernmental organizations to support activities
which preserve cultural traditions and promote
sustainable development, education, and environmental
conservation in Tibetan communities in the Tibetan
Autonomous Region and in other Tibetan communities in
China.
(B) Funds appropriated by this Act under the
heading ``Economic Support Fund'' 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.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Diplomatic operations.--
(A) Facilities.--Funds appropriated by this Act
under the headings ``Diplomatic and Consular
Programs'', ``Embassy Security, Construction, and
Maintenance'', and ``Operating Expenses'' that are
available for construction and renovation of United
States Government facilities in Afghanistan may not be
made available if the purpose is to accommodate Federal
employee positions or to expand aviation facilities or
assets above those notified by the Department of State
and the United States Agency for International
Development (USAID) to the Committees on
Appropriations, or contractors in addition to those in
place on the date of enactment of this Act: Provided,
That the limitations in this paragraph shall not apply
if funds are necessary to implement plans for
accommodating other United States Government agencies
under Chief of Mission authority per section 3927 of
title 22, United States Code, or to protect such
facilities or the security, health, and welfare of
United States Government personnel.
(B) Personnel report.--Not later than 30 days after
enactment of this Act and every 120 days thereafter
until September 30, 2017, the Secretary of State shall
submit a report, in classified form if necessary, to
the appropriate congressional committees detailing by
agency the number of personnel present in Afghanistan
under Chief of Mission authority per section 3927 of
title 22, United States Code, at the end of the 120 day
period preceding the submission of such report:
Provided, That such report shall also include the
number of locally employed staff and contractors
supporting United States Embassy operations in
Afghanistan during the reporting period.
(2) 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 that the
Secretary of State determines to be involved in
corrupt practices or a violation of human
rights;
(ii) cannot be sustained, as appropriate,
by the Government of Afghanistan or another
Afghan entity;
(iii) is inaccessible for the purposes of
conducting regular oversight in accordance with
applicable Federal statutes and regulations; or
(iv) initiates any new, major
infrastructure development.
(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;
(iii) the Government of Afghanistan is
continuing to implement laws and policies to
govern democratically and protect the rights of
individuals and civil society, including taking
consistent steps to protect and advance the
rights of women and girls in Afghanistan;
(iv) the Government of Afghanistan is
reducing corruption and prosecuting individuals
alleged to be involved in illegal activities in
Afghanistan;
(v) 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;
(vi) 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
(vii) the Government of Afghanistan has
established processes for the public reporting
of its national budget, including revenues and
expenditures.
(C) Programs to support women and girls.--Funds
appropriated by this Act that are made available for
assistance for Afghanistan--
(i) shall be prioritized 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;
and
(ii) may be made available for an endowment
to empower women and girls.
(3) 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 clause (2)(B)(i):
Provided, That not later than 6 months after the submission of
such report and every 6 months thereafter until September 30,
2018, 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.
(4) Authorities.--
(A) Funds appropriated by this Act under titles III
through VI that are made available for assistance for
Afghanistan may be made available notwithstanding
section 7012 of this Act or any similar provision of
law and section 660 of the Foreign Assistance Act of
1961;
(B) Subparagraphs (A) and (B)(ii) of section
7046(a)(2) of division I of Public Law 112-74 shall
apply to funds appropriated by this Act for assistance
for Afghanistan.
(5) 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) Pakistan.--
(1) Certification requirement.--None of the funds
appropriated or otherwise made available by this Act under the
headings ``Economic Support Fund'', ``International Narcotics
Control and Law Enforcement'', and ``Foreign Military Financing
Program'' for assistance for the Government of Pakistan may be
made available unless the Secretary of State certifies and
reports to the Committees on Appropriations that the Government
of Pakistan is--
(A) cooperating with the United States in
counterterrorism efforts against the Haqqani Network,
the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-
Mohammed, Al-Qaeda, and other domestic and foreign
terrorist organizations, including taking 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) dismantling improvised explosive device (IED)
networks and interdicting precursor chemicals used in
the manufacture of IEDs;
(D) preventing the proliferation of nuclear-related
material and expertise;
(E) issuing visas in a timely manner for United
States visitors engaged in counterterrorism efforts and
assistance programs in Pakistan; and
(F) providing humanitarian organizations access to
detainees, internally displaced persons, and other
Pakistani civilians affected by the conflict.
(2) Waiver.--The Secretary of State, after consultation
with the Secretary of Defense, may waive the certification
requirement of paragraph (1) if the Secretary of State
determines that to do so is important to the national security
interest of the United States and the Secretary submits a
report to the Committees on Appropriations, in classified form
if necessary, on the justification for the waiver and the
reasons why any part of the certification requirement of
paragraph (1) has not been met.
(3) Assistance.--
(A) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for
assistance for Pakistan may be made available only to
support counterterrorism and counterinsurgency
capabilities in Pakistan.
(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.
(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) 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)(i) The spend plan required by section 7076 of
this Act for assistance for Pakistan shall include
achievable and sustainable goals, benchmarks for
measuring progress, and expected results regarding
combating poverty and furthering development in
Pakistan, countering terrorism and extremism, and
establishing conditions conducive to the rule of law
and transparent and accountable governance: Provided,
That such benchmarks may incorporate those required in
title III of the Enhanced Partnership with Pakistan Act
of 2009 (22 U.S.C. 8441 et seq.), as appropriate:
Provided further, That not later than 6 months after
submission of such spend plan, and each 6 months
thereafter until September 30, 2018, the Secretary of
State shall submit a report to the Committees on
Appropriations on the status of achieving the goals and
benchmarks in such plan.
(ii) The Secretary of State should suspend
assistance for the Government of Pakistan if any report
required by clause (i) indicates that Pakistan is
failing to make measurable progress in meeting such
goals or benchmarks.
(B) Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to
the Committees on Appropriations detailing the costs
and objectives associated with significant
infrastructure projects supported by the United States
in Pakistan, and an assessment of the extent to which
such projects achieve such objectives.
(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.
(c) Regional Programs.--
(1) Funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Afghanistan and
Pakistan may be provided, notwithstanding any other provision
of law that restricts assistance to foreign countries, for
cross border stabilization and development programs between
Afghanistan and Pakistan, or between either country and the
Central Asian countries.
(2) Funds appropriated by this Act under the headings
``Economic Support Fund'', ``International Narcotics Control
and Law Enforcement'', and ``Assistance for Europe, Eurasia and
Central Asia'' that are available for assistance for countries
in South and Central Asia shall be made available to enhance
the recruitment, retention, and professionalism of women in the
judiciary, police, and other security forces.
western hemisphere
Sec. 7045. (a) United States Engagement in Central America.--
(1) Funding.--Subject to the requirements of this
subsection, of the funds appropriated under titles III and IV
of this Act, up to $750,000,000 may be made available for
assistance for countries in Central America to implement the
United States Strategy for Engagement in Central America (the
Strategy) in support of the Plan of the Alliance for Prosperity
in the Northern Triangle of Central America (the Plan):
Provided, That the Secretary of State and Administrator of the
United States Agency for International Development (USAID)
shall prioritize such assistance to address the key factors in
such countries contributing to the migration of unaccompanied,
undocumented minors to the United States: Provided further,
That such funds shall be made available only on a cost-matching
basis.
(2) Pre-obligation requirements.--Prior to the initial
obligation of funds made available to implement the Strategy
pursuant to paragraph (1), the Secretary of State shall submit
to the Committees on Appropriations an updated multi-year spend
plan describing in detail the proposed uses of such funds in
each country and the objectives, indicators to measure
progress, and a timeline to implement the Strategy, and the
amounts made available from prior Acts making appropriations
for the Department of State, foreign operations, and related
programs to support such Strategy: Provided, That such spend
plan shall also include a description of how such assistance
differs from, complements, and leverages funds allocated by
each government and other donors, including international
financial institutions.
(3) Assistance for the central governments of el salvador,
guatemala, and honduras.--Funds made available pursuant to
paragraph (1) that are available for assistance for each of the
central governments of El Salvador, Guatemala, and Honduras
shall be withheld from obligation and may only be made
available after the Secretary of State certifies and reports to
the appropriate congressional committees that such government
is taking effective steps to--
(A) inform its citizens of the dangers of the
journey to the southwest border of the United States;
(B) combat human smuggling and trafficking;
(C) improve border security;
(D) cooperate 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;
(E) work cooperatively with an autonomous, publicly
accountable entity to provide oversight of the Plan;
(F) combat corruption, including investigating and
prosecuting government officials credibly alleged to be
corrupt;
(G) implement 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;
(H) implement 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;
(I) counter the activities of criminal gangs, drug
traffickers, and organized crime;
(J) investigate and prosecute in the civilian
justice system members of military and police forces
who are credibly alleged to have violated human rights,
and ensure that the military and police are cooperating
in such cases;
(K) cooperate with commissions against corruption
and impunity, as appropriate, and with regional human
rights entities;
(L) support programs to reduce poverty, create
jobs, and promote equitable economic growth in areas
contributing to large numbers of migrants;
(M) professionalize and improve the accountability
of civilian police forces and curtail the role of the
military in internal policing;
(N) protect the right of political opposition
parties, journalists, trade unionists, human rights
defenders, and other civil society activists to operate
without interference;
(O) increase government revenues, including by
implementing tax reforms and strengthening customs
agencies; and
(P) resolve commercial disputes, including the
confiscation of real property, between United States
entities and such government.
(4) Suspension of assistance and periodic review.--
(A) 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 paragraph (3) and shall, not later than
September 30, 2017, submit to the appropriate
congressional committees a report assessing such
progress: 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 such
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) 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 paragraph (3): 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.
(5) Programs and transfer of funds.--
(A) Funds appropriated by this Act for the Central
America Regional Security Initiative may be made
available, following consultation with, and subject to
the regular notification procedures of, the Committees
on Appropriations, to support international commissions
against corruption and impunity.
(B) The Secretary of State and USAID Administrator
may, 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 in support of the Strategy.
(b) Colombia.--
(1) Funding.--Of the funds appropriated by this Act, not
less than $300,095,000 shall be made available for assistance
for Colombia.
(2) Assistance.--Funds appropriated by this Act and made
available to the Department of State for assistance for the
Government of Colombia may be used to support a unified
campaign against narcotics trafficking, organizations
designated as Foreign Terrorist Organizations, and other
criminal or illegal armed groups, and to take actions to
protect human health and welfare in emergency circumstances,
including undertaking rescue operations: Provided, That the
first through fifth provisos of paragraph (1), and paragraph
(3) of section 7045(a) of 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 2017 and shall apply to funds appropriated
by this Act and made available for assistance for Colombia as
if included in this Act: Provided further, That funds
appropriated by this Act under the heading ``Economic Support
Fund'' for assistance for Colombia shall be apportioned
directly to USAID.
(3) Final peace accord.--In addition to amounts made
available in paragraph (1), $191,130,000 shall be made
available for assistance for Colombia if a final peace accord
between the Government of Colombia and the Revolutionary Armed
Forces of Colombia is reached, and the Secretary of State
certifies and reports to the Committees on Appropriations that
is in the national interest of the United States to support the
implementation of such an accord: Provided, That in making such
certification, the Secretary of State shall consider the
factors described under this section in the report accompanying
this Act: Provided further, That such funds shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) Cuba.--
(1) Diplomatic facilities.--(A) None of the funds
appropriated or otherwise made available by this Act and prior
acts making appropriations for the Department of State, foreign
operations, and related programs may be obligated or expended
for--
(i) the establishment or operation of a
United States diplomatic presence, including an
embassy, consulate, or liaison office, in Cuba
beyond that which was in existence prior to
December 17, 2014, including the hiring of
additional staff, unless such staff are
necessary for protecting the health, safety, or
security of diplomatic personnel or facilities
in Cuba;
(ii) the facilitation of the establishment
or operation of a diplomatic mission of Cuba,
including an embassy, consulate, or liaison
office, in the United States beyond that which
was in existence prior to December 17, 2014;
and
(iii) the support of Locally Employed Staff
in contravention of section 512 of the
Intelligence Authorization Act for Fiscal Year
2016 (division M of Public Law 114-113).
(B) The limitation on the use of funds under
subparagraph (A) shall not apply--
(i) with respect to assistance or support
in furtherance of democracy-building efforts
for Cuba described in section 109 of the Cuban
Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 (22 U.S.C. 6039); and
(ii) if the President determines and
reports to the appropriate congressional
committees that the government in Cuba has met
the requirements and factors specified in
section 205 of the LIBERTAD Act of 1996 (22
U.S.C. 6065).
(2) Office of cuba broadcasting.--None of the funds
appropriated or otherwise made available by this Act under the
heading ``International Broadcasting Operations'' may be used
to establish an independent grantee organization, as a private
nonprofit organization, to carry out any and all broadcasting
and related programs to the Latin America and Caribbean region,
including Cuba, or otherwise substantively alter the structure
of the Office of Cuba Broadcasting unless specifically
authorized by a subsequent Act of Congress: Provided, That the
prohibition of this paragraph shall be construed to include the
merger of the Office of Cuba Broadcasting and the Voice of
America Latin America Division.
(3) Democracy promotion.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', $30,000,000
shall be made available to promote democracy and strengthen
civil society in Cuba: Provided, That no funds shall be
obligated for business promotion, economic reform,
entrepreneurship, or any other assistance that is not
democracy-building as expressly authorized in the Cuban Liberty
and Solidarity (LIBERTAD) Act of 1996 and the Cuban Democracy
Act of 1992.
(d) Haiti.--
(1) Governance certification.--None of the funds
appropriated or otherwise made available by this Act may 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 the Government of Haiti
has installed a democratically elected president and seated
newly elected members of parliament, and the Government of
Haiti is taking effective steps to--
(A) strengthen the rule of law in Haiti, including
by--
(i) selecting and vetting judges in a
transparent manner;
(ii) respecting the independence of the
judiciary; and
(iii) improving governance by implementing
reforms to increase transparency and
accountability and advancing the passage of
draft penal and criminal codes;
(B) combat corruption, including by implementing
the anti-corruption law enacted in 2014 and prosecuting
corrupt officials; and
(C) increase government revenues, including by
implementing tax reforms, and increase expenditures on
public services.
(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) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act should be borne by the recipient
country.
prohibition of payments to united nations members
Sec. 7046. None of the funds appropriated or made available
pursuant to titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole or in part
any assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out chapter 1
of part I of the Foreign Assistance Act of 1961, the costs for
participation of another country's delegation at international
conferences held under the auspices of multilateral or international
organizations.
war crimes tribunals
Sec. 7047. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Of the funds appropriated under title I 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) 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) 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) 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.
(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 in the national security 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 security 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, 2017, 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.--None of the funds made
available by this Act under the heading ``Migration and Refugee
Assistance'' may be made available as a contribution to the United
Nations Relief and Works Agency (UNRWA) until the Secretary of State
certifies and reports to the Committees on Appropriations, in writing,
that 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) United Nations Capital Projects.--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
used for major capital projects for the United Nations, including for
the design, renovation, or construction of the United Nations
Headquarters in New York.
(f) Waiver.--The restrictions imposed by or pursuant to subsection
(d) may be waived on a case-by-case basis by the Secretary of State if
the Secretary determines and reports to the Committees on
Appropriations that such waiver is necessary to avert or respond to a
humanitarian crisis.
(g) Withholding 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 2017 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) Compliance With Reporting Requirements.--Of the funds made
available in paragraph (3) under the heading ``Diplomatic and Consular
Programs'' in title I of this Act for the Bureau of International
Organizations, 10 percent shall be withheld from obligation until the
Secretary of State complies with the reporting requirements contained
under the headings ``Contributions to International Organizations'' and
``Contributions for International Peacekeeping Activities'' and section
7048 in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law 113-235)
and the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2016 (division K of Public Law 114-113) and
associated explanatory statements and Committee reports accompanying
such Acts.
community-based police assistance
Sec. 7049. (a) Authority.--Funds made available by titles III and
IV of this Act to carry out the provisions of chapter 1 of part I and
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance, including
assistance for programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved police relations
with the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall
be subject to the regular notification procedures of the Committees on
Appropriations.
prohibition on promotion of tobacco
Sec. 7050. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
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 and coordination
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'', and ``Andean Counterdrug Programs'' may be used for any
other program and in any region, including for the transportation of
active and standby Civilian Response Corps personnel and equipment
during a deployment: Provided, That the responsibility for policy
decisions and justification for the use of such transfer authority
shall be the responsibility of the Secretary of State and the Deputy
Secretary of State and this responsibility shall not be delegated.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the
Department of State and the United States Agency for
International Development (USAID) with funds made available in
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to transport,
on a reimbursable or non-reimbursable basis, Federal and non-
Federal personnel supporting Department of State and USAID
programs and activities: Provided further, That official travel
for other agencies for other purposes may be supported on a
reimbursable basis, or without reimbursement when traveling on
a space available basis: Provided further, That funds received
by the Department of State 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) The requirement and authorities of this subsection
shall only apply to aircraft, the primary purpose of which is
the transportation of personnel.
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) 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, 2016''.
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.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before the date of the enactment of this Act by
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).
limitations on family planning/reproductive health
Sec. 7056. (a) None of the funds appropriated or otherwise made
available by this Act may be made available for the United Nations
Population Fund.
(b) None of the funds appropriated or otherwise made available by
this Act for population planning activities or other population
assistance may be made available to any foreign nongovernmental
organization that promotes or performs abortion, except in cases of
rape or incest or when the life of the mother would be endangered if
the fetus were carried to term.
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 (USAID) to hire and employ individuals in the
United States and overseas on a limited appointment basis pursuant to
the authority of sections 308 and 309 of the Foreign Service Act of
1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2018.
(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, 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 (Public Law 83-480), may be used by USAID to employ up to 40
personal services contractors in the United States, notwithstanding any
other provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities managed by
the agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 15 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appropriated
to carry out title II of the Food for Peace Act (Public Law 83-480),
may be made available only for personal services contractors assigned
to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2011 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended.
(b) Of the funds appropriated by this Act, not more than
$461,000,000 may be made available for family planning/reproductive
health.
(c) 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 2017 pursuant to the
application of any other provision contained in this or any other Act.
(d) Global Health Emergencies.--If the Secretary of State
determines and reports to the Committees on Appropriations that an
international infectious disease outbreak is sustained, severe, and is
spreading internationally, or that it is in the national interest to
respond to a Public Health Emergency of International Concern, funds
made available under title III of this Act may be made available to
combat such infectious disease or public health emergency: Provided,
That funds made available pursuant to the authority of this subsection
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
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'', 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.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of
this Act, not less than $800,000,000 shall be made
available for assistance for basic education, and such
funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries.
(B) Not later than 30 days after enactment of this
Act, the United States Agency for International
Development (USAID) Administrator shall report to the
Committees on Appropriations on the status of
cumulative unobligated balances and obligated, but
unexpended, balances in each country where USAID
provides basic education assistance and such report
shall also include details on the types of contracts
and grants provided and the goals and objectives of
such assistance: Provided, That the USAID Administrator
shall update such report on a monthly basis during
fiscal year 2017.
(C) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
not less than $75,000,000 shall be made available for a
contribution to multilateral partnerships that support
education.
(2) Higher education.--(A) Of the funds appropriated under
title III of this Act, not less than $235,000,000 shall be made
available for assistance for higher education.
(B) Of the funds made available in subparagraph (A)--
(i) not less than $35,000,000 shall be made
available for new partnerships between higher education
institutions in the United States and developing
countries; and
(ii) not less than $10,000,000 shall be made
available for programs in Malawi.
(b) Conservation.--
(1) Biodiversity.--Of the funds appropriated under title
III of this Act, not less than $265,000,000 shall be made
available for biodiversity conservation programs.
(2) Wildlife poaching and trafficking.--
(A) Not less than $80,000,000 of the funds
appropriated under titles III and IV of this Act shall
be made available to combat the transnational threat of
wildlife poaching and trafficking.
(B) None of the funds appropriated under title IV
of this Act may be made available for training or other
assistance for any military unit or personnel that the
Secretary of State determines has been credibly alleged
to have participated in wildlife poaching or
trafficking, unless the Secretary reports to the
Committees on Appropriations that to do so is in the
national security interests of the United States.
(c) 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 $11,000,000 shall be made available for
cooperative development programs of USAID.
(d) Food Security and Agricultural Development.--Funds appropriated
by title III of this Act should be made available for food security and
agricultural development programs and may be made available
notwithstanding any other provision of law to prevent or address food
shortages: Provided, That not less than $60,000,000 shall be made
available for the Feed the Future Innovation Labs.
(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.--
(1) 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.
(2) Funds made available in the previous paragraph shall be
made available to support a multifaceted approach to combat
human trafficking in Guatemala: Provided, That the Secretary of
State shall consult with the Committees on Appropriations, not
later than 30 days after enactment of this Act, on the use of
such funds: Provided further, That not later than 120 days
after enactment of this Act, the Secretary shall submit a
report to the Committees on Appropriations on the requirements
enumerated under this section in the report accompanying this
Act.
(g) 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.
limitation on computer networks
Sec. 7061. (a) Prohibition.--None of the funds made available in
this Act may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Exception for Law Enforcement.--Nothing in subsection (a) shall
limit the use of funds necessary for any Federal, State, tribal, or
local law enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
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.
countries impacted by significant refugee populations or internally
displaced persons
Sec. 7063. 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--
(1) expand and improve host government social services and
basic infrastructure to accommodate the needs of such
populations and persons;
(2) alleviate the social and economic strains placed on
host communities;
(3) improve coordination of such assistance in a more
effective and sustainable manner;
(4) leverage increased assistance from donors other than
the United States Government for central governments and local
communities in such countries; and
(5) promote livelihoods programming, vocational training,
and formal and informal education.
reporting requirements concerning individuals detained at naval
station, guantanamo bay, cuba
Sec. 7064. (a) Agreements.--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.
(b) Negotiations.--The Secretary of State shall report to the
Committees on Appropriations, not more than 45 days after enactment of
this Act, and every 45 days thereafter through fiscal year 2017, on
negotiations over the previous 45 days between Department of State
personnel and officials of Foreign governments over the potential
transfer to such governments of an individual, or individuals, detained
at United States Naval Station, Guantanamo Bay, Cuba: Provided, That
such reports may be provided in classified form if necessary.
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'', ``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 interests 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.
independent states of the former soviet union
Sec. 7069. (a) Assistance for Ukraine and to Counter Russian
Aggression.--
(1) Of the funds appropriated by this Act, not less than
$337,857,000 shall be made available for assistance for Ukraine.
(2) In addition to amounts made available in paragraph (1), up to
$325,608,000 shall be made available for assistance for Ukraine,
including for the cost of loan guarantees as authorized by section
7034(m) of this Act, in the manner described under this section in the
report accompanying this Act: Provided, That such funds shall be made
available after prior consultation with the appropriate congressional
committees and subject to the regular notification procedures of the
Committees on Appropriations.
(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 that government directs any action in
violation of the territorial integrity or national sovereignty of any
other independent state of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That except as
otherwise provided in section 7070(a) of this Act, funds may be made
available without regard to the restriction in this subsection if the
President determines that to do so is in the national security interest
of the United States: Provided further, That prior to executing the
authority contained in this subsection the 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 shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act 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; or
(6) humanitarian assistance.
russia
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) Determination and Conditions.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has taken affirmative steps
intended to support or be supportive of the Russian Federation
annexation of Crimea: Provided, That except as otherwise
provided in subsection (a), the Secretary may waive the
restriction on assistance required by this paragraph if the
Secretary certifies to such Committees that to do so is in the
national interest of the United States, and includes a
justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea, if such
activity includes the participation of Russian
Government officials, or other Russian owned or
controlled financial entities; or
(C) assistance for Crimea, 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 but not limited to 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 certifies
and reports to the Committees on Appropriations that the
Government of Ukraine has reestablished sovereignty over
Crimea.
(c) Assistance to Reduce Vulnerability and Pressure.--Funds
appropriated by this Act 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.
(d) Democracy Programs.--Funds appropriated by this Act shall be
made available to support the advancement of democracy and the rule of
law in the Russian Federation, including to promote Internet freedom.
(e) Reports.--Not later than 45 days after enactment of this Act,
the Secretary of State shall update the reports required by section
7071(b)(2), (c), and (e) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014 (division K
of Public Law 113-76).
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 (Fund), to remain available for
obligation until September 30, 2019: 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.
countering foreign fighters and violent extremist organizations
Sec. 7073. (a) Countering Foreign Fighters and Violent Extremist
Organizations.--Funds appropriated under titles III and IV of this Act
shall be made available for programs to--
(1) counter the flow of foreign fighters to countries in
which violent extremists or violent extremist organizations
operate, including those entities designated as foreign
terrorist organizations (FTOs) pursuant to section 219 of the
Immigration and Nationality Act, including through programs
with partner governments and multilateral organizations to--
(A) counter recruitment campaigns by such entities;
(B) detect and disrupt foreign fighter travel,
particularly at points of origin;
(C) implement antiterrorism programs;
(D) secure borders, including points of
infiltration and exfiltration by such entities;
(E) implement and establish criminal laws and
policies to counter foreign fighters; and
(F) arrest, investigate, prosecute, and incarcerate
terrorist suspects, facilitators, and financiers; and
(2) counter violent extremists and violent extremist
organizations, including FTOs, by supporting security and
governance programs in countries whose stability and legitimacy
are directly threatened by violence against state institutions
by such entities, including at the national and local levels,
and in fragile states bordering such countries.
(b) Requirements.--
(1) The Secretary of State shall ensure that the programs
described in subsection (a) are coordinated with and complement
the efforts of other United States Government agencies and
international partners, and that such programs are consistent
with all applicable laws, regulations, and policies regarding
the use of foreign assistance funds: Provided, That the
Secretary shall also ensure that information gained through the
conduct of programs is shared in a timely manner with relevant
United States Government agencies and other international
partners, as appropriate.
(2) Prior to the obligation of funds appropriated by this
Act and made available for the purposes of this section, the
Secretary of State shall ensure that mechanisms are in place
for appropriate monitoring, oversight, vetting, and control of
such assistance: Provided, That the Secretary shall promptly
inform the appropriate congressional committees of each
significant instance in which assistance provided for such
purposes has been compromised, including the amount and type of
assistance affected, a description of the incident and parties
involved, and an explanation of the response of the Department
of State.
(3) Funds appropriated by this Act that are made available
for programs described in subsection (a) shall be subject to
the regular notification procedures of the Committees on
Appropriations.
enterprise funds
Sec. 7074. (a) Notification Requirement.--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 agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program and
policy.
budget documents
Sec. 7076. (a) Operating Plans.--Not later than 45 days after the
date of enactment of this Act, each 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 2017, that
provides details of the uses of such funds at the program, project, and
activity level: Provided, That such plans shall include, as applicable,
a comparison between the most recent congressional directives or
approved funding levels and the funding levels proposed by the
department or agency; and a clear, concise, and informative
description/justification: Provided further, That if such department,
agency, or organization receives an additional amount under the same
heading in title VIII of this Act, operating plans required by this
subsection shall include consolidated information on all such funds:
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.
(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 (USAID), as appropriate, shall submit
to the Committees on Appropriations a detailed spend plan for
funds made available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon,
Pakistan, and the West Bank and Gaza;
(B) 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
(C) democracy programs, programs to support section
7073(a) of this Act, and sectors enumerated in
subsections (a), (c), (d), (f), and (g) 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 2016 under the heading ``Development Credit
Authority''.
(d) Notifications.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
(e) Congressional Budget 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 2018:
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, upon a determination by the head of such agency
that to do so is in the national interest.
(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; or
(B) the report contains proprietary, privileged, or
sensitive information.
(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
(USAID).
(c) Records Management.--
(1) Limitation and directives.--
(A) 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'' 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).
(B) The Secretary of State and USAID Administrator
shall--
(i) 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;
(ii) use funds appropriated or otherwise
made available by this Act under the headings
``Diplomatic and Consular Programs'' and
``Capital Investment Fund'' in title I, and
``Operating Expenses'' 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;
(iii) direct departing employees that all
Federal records generated by such employees,
including senior officials, belong to the
Federal Government; and
(iv) measurably improve the response time
for identifying and retrieving Federal records.
(2) Report.--Not later than 30 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 on January 20, 2016, of
the report required by section 7077(c)(2) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2016 (division K of Public
Law 114-113);
(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 updates or modifications made to the steps
required, including steps already 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 the recommendations made by
the Office of Inspector General, United States
Department of State (OIG), in the March 2015
Review of State Messaging and Archive Retrieval
Toolset and Record Email (ISP-1-15-15) and the
January 2016 Evaluation of the Department of
State's FOIA Process for Requests Involving the
Office of the Secretary (ESP-16-01), that are
outstanding and remain to be closed;
(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 and
implement the recommendations of the OIG in the
May 2016 Evaluation of Email Records Management
and Cybersecurity Requirements (ESP-16-03).
(3) Implementation and spend plan report.--Not later than
30 days after enactment of this Act, the Secretary of State and
USAID Administrator shall each submit to the Committees on
Appropriations a plan and timeline, which may be submitted
concurrent with the report required by paragraph (2) for--
(A) implementing the recommendations of the OIG
reports referenced in clauses (iii) and (v);
(B) measurably reducing the FOIA and Congressional
oversight requests backlog; and
(C) a spend plan for meeting the objectives of
subparagraphs (A) and (B).
(4) Report assessment.--Not later than 180 days after the
submission of the reports required by paragraph (2), the
Comptroller General of the United States, in consultation with
National Archives and Records Administration, as appropriate,
shall conduct an assessment of such reports, and shall consult
with the Committees on Appropriations on the scope and
requirements of such assessment.
(5) Funding.--Of funds appropriated by this Act under the
heading ``Capital Investment Fund'' in title I, $10,000,000
shall be withheld from obligation until the Secretary submits
the reports required by paragraphs (2) and (3).
global internet freedom
Sec. 7078. (a) Funding.--Of the funds available for obligation
during fiscal year 2017 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 interests of the
United States: Provided further, That funds made available pursuant to
this section shall be matched, to the maximum extent practicable, by
sources other than the United States Government, including from the
private sector.
(b) Requirements.--Funds made available pursuant to subsection (a)
shall be--
(1) coordinated with other democracy, governance, and
broadcasting programs funded by this Act under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', and shall be incorporated into
country assistance, democracy promotion, and broadcasting
strategies, as appropriate;
(2) made available to the Bureau of Democracy, Human
Rights, and Labor, Department of State for programs to
implement the May 2011, International Strategy for Cyberspace
and the comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section 414 of
the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8754);
(3) made available to the Broadcasting Board of Governors
(BBG) to provide tools and techniques to access the Web sites
of BBG broadcasters that are censored, and to work with such
broadcasters to promote and distribute such tools and
techniques, including digital security techniques;
(4) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations; to
combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists; and
(5) made available for research of key threats to Internet
freedom; the continued development of technologies that provide
or enhance access to the Internet, including circumvention
tools that bypass Internet blocking, filtering, and other
censorship techniques used by authoritarian governments; and
maintenance of the technological advantage of the United States
Government over such censorship techniques: Provided, That the
Secretary of State, in consultation with the BBG Chairman,
shall coordinate any such research and development programs
with other relevant United States Government departments and
agencies in order to share information, technologies, and best
practices, and to assess the effectiveness of such
technologies.
(c) 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 Chairman shall submit to the Committees on
Appropriations spend plans for funds made available by this Act for
programs to promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies to ensure
that such programs are not used for illicit purposes: 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: Provided further, That prior to the obligation of such funds,
such offices and bureaus shall consult with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State, to ensure that
such programs support the Department of State Internet freedom
strategy.
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 or any other Act
making appropriations for the Department of State, foreign operations,
and related programs, may be obligated or expended to provide--
(1) for fiscal year 2017, any financial incentive to a
business enterprise currently located in the United States for
the purpose of inducing such an enterprise to relocate outside
the United States if such incentive or inducement is likely to
reduce the number of employees of such business enterprise in
the United States because United States production is being
replaced by such enterprise outside the United States;
(2) for fiscal year 2017, 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) for fiscal year 2017, 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 fiscal year 2017, or any fiscal year thereafter,
for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Consolidated Appropriations Act, 2010;
(B) the modification proposed by the Overseas
Private Investment Corporation in November 2013 to the
Corporation's Environmental and Social Policy Statement
relating to coal;
(C) the Supplemental Guidelines for High Carbon
Intensity Projects approved by the Export-Import Bank
of the United States on December 12, 2013; or
(D) the World Bank Group's Directions for the World
Bank Group's Energy Sector released on July 16, 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 increase exports of goods and services from the
United States or prevent the loss of jobs in 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, 2016, and ends on September 30, 2019'':
Provided, That the amendment made pursuant to this subparagraph to such
law shall take effect upon enactment of this Act.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$2,410,386,000, to remain available until September 30, 2018, of which
$1,815,210,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $5,000,000 of the total funds made available under this
heading to any other appropriation of any department or agency of the
United States, 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 further, That any such transfer shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That up to $15,000,000 of the funds appropriated
under this heading in this title 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: Provided further, That such amount 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.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$54,900,000, to remain available until September 30, 2018, which shall
be for the Special Inspector General for Afghanistan Reconstruction
(SIGAR) for reconstruction oversight: Provided, That printing and
reproduction costs shall not exceed amounts for such costs during
fiscal year 2016: 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 such amount 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.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $1,238,800,000, to remain available until expended, of
which $1,228,000,000 shall be for Worldwide Security Upgrades,
acquisition, and construction as authorized: Provided, That such amount
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.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $66,614,000: Provided, That such amount 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.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $1,385,670,000, to remain available until
September 30, 2018: Provided, That such amount 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.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $10,700,000, to remain available until September 30,
2018: Provided, That such amount 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.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $98,460,000,
to remain available until September 30, 2018: Provided, That such
amount 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.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$1,885,127,000, to remain available until expended: Provided, That such
amount 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 an additional amount for ``Transition Initiatives'',
$37,000,000, to remain available until expended: Provided, That such
amount 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.
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,422,673,000, to remain available until September 30, 2018: Provided,
That such amount 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.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $438,569,000, to remain available until September 30,
2018: Provided, That such amount 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.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance''
for overseas assistance to respond to refugee crises in Africa, the
Near East, South and Central Asia, and Europe and Eurasia,
$2,287,904,000, to remain available until expended, except that such
funds shall not be made available for the resettlement costs of
refugees in the United States: Provided, That such amount 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.
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)), for overseas assistance to respond to unexpected
emergency migration needs, $50,000,000, to remain available until
expended: Provided, That such amount 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.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $371,661,000, to remain available until September
30, 2018: Provided, That such amount 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.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $379,091,000, to remain available
until September 30, 2018: Provided, That such amount 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.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$469,269,000, to remain available until September 30, 2018: Provided,
That such amount 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 further, That funds available for obligation under this
heading in this Act may be used to pay assessed expenses of
international peacekeeping activities in Somalia, subject to the
regular notification procedures of the Committees on Appropriations,
except that such expenses shall not exceed the level described in the
final proviso under the heading ``Contributions for International
Peacekeeping Activities'' in title I of this Act.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $1,288,176,000, to remain available until September 30,
2018: Provided, That such amount 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.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2017.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations
accounts in this Act shall be available under the authorities and
conditions applicable to such appropriations accounts.
transfer authority
Sec. 8003. Funds appropriated by this title under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be transferred
to, and merged with, funds appropriated by this title in this Act under
the headings ``International Disaster Assistance'', ``International
Narcotics Control and Law Enforcement'', and ``Foreign Military
Financing Program'' for assistance for countries funded under the
heading ``Assistance for Europe, Eurasia and Central Asia'': Provided,
That the transfer authority of this section is in addition to any other
transfer authority provided by this or any other Act, and shall be
subject to the regular notification procedures of the Committees on
Appropriations.
designation
Sec. 8004. 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 (or rescinded, if applicable)
only if the President subsequently so designates all such amounts and
transmits such designations to the Congress.
TITLE IX
ADDITIONAL GENERAL PROVISION
spending reduction account
The amount by which the applicable allocation of new budget
authority made by the Committee on Appropriations of the House of
Representatives under section 302(b) of the Congressional Budget Act of
1974 exceeds the amount of proposed new budget authority is $0.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017''.
Union Calendar No. 537
114th CONGRESS
2d Session
H. R. 5912
[Report No. 114-693]
_______________________________________________________________________
A BILL
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2017, and
for other purposes.
_______________________________________________________________________
July 15, 2016
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed