II Calendar No. 541 114TH CONGRESS 2D SESSION S. 3117 [Report No. 114–290] 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 SENATE OF THE UNITED STATES JUNE 29, 2016 Mr. GRAHAM, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendar A BILL Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2017, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That the following sums are appropriated, out of any 4 money in the Treasury not otherwise appropriated, for the 5 Department of State, foreign operations, and related pro6 grams for the fiscal year ending September 30, 2017, and 7 for other purposes, namely: 2 1 TITLE I 2 DEPARTMENT OF STATE AND RELATED 3 AGENCY 4 DEPARTMENT OF STATE 5 ADMINISTRATION 6 DIPLOMATIC AND CONSULAR PROGRAMS 7 OF FOREIGN AFFAIRS For necessary expenses of the Department of State 8 and the Foreign Service not otherwise provided for, 9 $6,006,296,000, of which up to $660,231,000 may remain 10 available until September 30, 2018, and of which up to 11 $1,604,755,000 may remain available until expended for 12 Worldwide Security Protection: Provided, That funds 13 made available under this heading shall be allocated in ac14 cordance with paragraphs (1) through (4) as follows: 15 (1) HUMAN RESOURCES.—For necessary ex- 16 penses for training, human resources management, 17 and salaries, including employment without regard 18 to civil service and classification laws of persons on 19 a temporary basis (not to exceed $700,000), as au- 20 thorized by section 801 of the United States Infor- 21 mation and Educational Exchange Act of 1948, 22 $2,606,152,000, of which up to $463,417,000 is for 23 Worldwide Security Protection. 24 25 (2) OVERSEAS PROGRAMS.—For necessary ex- penses for the regional bureaus of the Department •S 3117 PCS 3 1 of State and overseas activities as authorized by law, 2 $1,477,436,000. 3 (3) DIPLOMATIC POLICY AND SUPPORT.—For 4 necessary expenses for the functional bureaus of the 5 Department of State, including representation to 6 certain international organizations in which the 7 United States participates pursuant to treaties rati- 8 fied pursuant to the advice and consent of the Sen- 9 ate or specific Acts of Congress, general administra- 10 tion, and arms control, nonproliferation and disar- 11 mament activities as authorized, $759,125,000. 12 (4) SECURITY PROGRAMS.—For necessary ex- 13 penses for security activities, $1,163,583,000, of 14 which up to $1,141,338,000 is for Worldwide Secu- 15 rity Protection. 16 (5) FEES AND PAYMENTS COLLECTED.—In ad- 17 dition to amounts otherwise made available under 18 this heading— 19 (A) as authorized by section 810 of the 20 United States Information and Educational Ex- 21 change Act, not to exceed $5,000,000, to re- 22 main available until expended, may be credited 23 to this appropriation from fees or other pay- 24 ments received from English teaching, library, 25 motion pictures, and publication programs and •S 3117 PCS 4 1 from fees from educational advising and coun- 2 seling and exchange visitor programs; and 3 (B) not to exceed $15,000, which shall be 4 derived from reimbursements, surcharges, and 5 fees for use of Blair House facilities. 6 (6) TRANSFER 7 AND OTHER MATTERS.— OF FUNDS, REPROGRAMMING, 8 (A) Notwithstanding any other provision of 9 this Act, funds may be reprogrammed within 10 and between paragraphs (1) through (4) under 11 this heading subject to section 7015 of this Act. 12 (B) Of the amount made available under 13 this heading, not to exceed $10,000,000 may be 14 transferred to, and merged with, funds made 15 available by this Act under the heading ‘‘Emer- 16 gencies in the Diplomatic and Consular Serv- 17 ice’’, to be available only for emergency evacu- 18 ations and rewards, as authorized. 19 (C) Funds appropriated under this heading 20 are available for acquisition by exchange or pur- 21 chase of passenger motor vehicles as authorized 22 by law and, pursuant to section 1108(g) of title 23 31, United States Code, for the field examina- 24 tion of programs and activities in the United •S 3117 PCS 5 1 States funded from any account contained in 2 this title. 3 (D) Funds appropriated under this head- 4 ing may be made available for Conflict Sta- 5 bilization Operations and for related reconstruc- 6 tion and stabilization assistance to prevent or 7 respond to conflict or civil strife in foreign 8 countries or regions, or to enable transition 9 from such strife. 10 11 CAPITAL INVESTMENT FUND For necessary expenses of the Capital Investment 12 Fund, as authorized, $12,600,000, to remain available 13 until expended. 14 15 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 16 General, $87,069,000, notwithstanding section 209(a)(1) 17 of the Foreign Service Act of 1980 (Public Law 96–465), 18 as it relates to post inspections: Provided, That of the 19 funds appropriated under this heading, $13,060,000 may 20 remain available until September 30, 2018. 21 22 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS For expenses of educational and cultural exchange 23 programs, as authorized, $572,668,000, to remain avail24 able until expended, of which not less than $236,000,000 25 shall be for the Fulbright Program and not less than •S 3117 PCS 6 1 $107,690,000 shall be for Citizen Exchange Program, in2 cluding $4,000,000 for the Congress-Bundestag Youth 3 Exchange: Provided, That fees or other payments received 4 from, or in connection with, English teaching, educational 5 advising and counseling programs, and exchange visitor 6 programs as authorized may be credited to this account, 7 to remain available until expended: Provided further, That 8 a portion of the Fulbright awards from the Eurasia and 9 Central Asia regions shall be designated as Edmund S. 10 Muskie Fellowships, following consultation with the Com11 mittees on Appropriations: Provided further, That Depart12 ment of State-designated sponsors may not issue a Form 13 DS–2019 (Certificate of Eligibility for Exchange Visitor 14 (J–1) Status) to place student participants in seafood 15 product preparation or packaging positions in the Summer 16 Work Travel program in fiscal year 2017 unless prior to 17 issuing such Form the sponsor provides to the Secretary 18 of State a description of such program and verifies in writ19 ing to the Secretary that such program fully complies with 20 part 62 of title 22 of the Code of Federal Regulations, 21 notwithstanding subsection 62.32(h)(16) of such part, and 22 with the requirements specified in the report accom23 panying this Act: Provided further, That any substantive 24 modifications from the prior fiscal year to programs fund25 ed by this Act under this heading shall be subject to prior •S 3117 PCS 7 1 consultation with, and the regular notification procedures 2 of, the Committees on Appropriations. 3 4 REPRESENTATION EXPENSES For representation expenses as authorized, 5 $8,030,000. 6 7 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS For expenses, not otherwise provided, to enable the 8 Secretary of State to provide for extraordinary protective 9 services, as authorized, $30,344,000, to remain available 10 until September 30, 2018. 11 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE 12 For necessary expenses for carrying out the Foreign 13 Service Buildings Act of 1926 (22 U.S.C. 292 et seq.), 14 preserving, maintaining, repairing, and planning for build15 ings that are owned or directly leased by the Department 16 of State, renovating, in addition to funds otherwise avail17 able, the Harry S Truman Building, and carrying out the 18 Diplomatic Security Construction Program as authorized, 19 $759,161,000, to remain available until expended, of 20 which not to exceed $25,000 may be used for domestic 21 and overseas representation expenses as authorized: Pro22 vided, That none of the funds appropriated in this para23 graph shall be available for acquisition of furniture, fur24 nishings, or generators for other departments and agen25 cies of the United States Government: Provided further, •S 3117 PCS 8 1 That reimbursements received by the Department of State 2 from other departments and agencies of the United States 3 Government for improvement or construction costs of 4 overseas facilities shall be credited to this account and 5 shall remain available until expended. 6 In addition, for the costs of worldwide security up- 7 grades, acquisition, and construction as authorized, 8 $358,698,000, to remain available until expended: Pro9 vided, That not later than 45 days after enactment of this 10 Act, the Secretary of State shall submit to the Committees 11 on Appropriations the proposed allocation of funds made 12 available under this heading and the actual and antici13 pated proceeds of sales for all projects in fiscal year 2017. 14 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR 15 SERVICE 16 For necessary expenses to enable the Secretary of 17 State to meet unforeseen emergencies arising in the Diplo18 matic and Consular Service, as authorized, $7,900,000, to 19 remain available until expended, of which not to exceed 20 $1,000,000 may be transferred to, and merged with, funds 21 appropriated by this Act under the heading ‘‘Repatriation 22 Loans Program Account’’, subject to the same terms and 23 conditions. •S 3117 PCS 9 1 2 REPATRIATION LOANS PROGRAM ACCOUNT For the cost of direct loans, $1,300,000, as author- 3 ized: Provided, That such costs, including the cost of 4 modifying such loans, shall be as defined in section 502 5 of the Congressional Budget Act of 1974: Provided fur6 ther, That such funds are available to subsidize gross obli7 gations for the principal amount of direct loans not to ex8 ceed $2,433,545. 9 10 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN For necessary expenses to carry out the Taiwan Rela- 11 tions Act (Public Law 96–8), $31,963,000. 12 INTERNATIONAL CENTER, WASHINGTON, DISTRICT 13 14 OF COLUMBIA Not to exceed $1,806,600 shall be derived from fees 15 collected from other executive agencies for lease or use of 16 facilities at the International Center in accordance with 17 section 4 of the International Center Act (Public Law 90– 18 553), and, in addition, as authorized by section 5 of such 19 Act, $1,320,000, to be derived from the reserve authorized 20 by such section, to be used for the purposes set out in 21 that section and for development, maintenance, and secu22 rity of additional properties for use as an International 23 Center by foreign governments or international organiza24 tions. •S 3117 PCS 10 1 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND 2 DISABILITY FUND 3 For payment to the Foreign Service Retirement and 4 Disability Fund, as authorized, $158,900,000. 5 INTERNATIONAL ORGANIZATIONS 6 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 7 For necessary expenses, not otherwise provided for, 8 to meet annual obligations of membership in international 9 multilateral organizations, pursuant to treaties ratified 10 pursuant to the advice and consent of the Senate, conven11 tions or specific Acts of Congress, $1,279,084,000: Pro12 vided, That the Secretary of State shall, at the time of 13 the submission of the President’s budget to Congress 14 under section 1105(a) of title 31, United States Code, 15 transmit to the Committees on Appropriations the most 16 recent biennial budget prepared by the United Nations for 17 the operations of the United Nations: Provided further, 18 That the Secretary of State shall notify the Committees 19 on Appropriations at least 15 days in advance (or in an 20 emergency, as far in advance as is practicable) of any 21 United Nations action to increase funding for any United 22 Nations program without identifying an offsetting de23 crease elsewhere in the United Nations budget: Provided 24 further, That not later than May 1, 2017, and 30 days 25 after the end of fiscal year 2017, the Secretary of State •S 3117 PCS 11 1 shall report to the Committees on Appropriations any 2 credits available to the United States, including from the 3 United Nations Tax Equalization Fund, and provide up4 dated fiscal year 2017 and fiscal year 2018 assessment 5 costs including offsets from available credits and updated 6 foreign currency exchange rates: Provided further, That 7 any such credits shall only be available for United States 8 assessed contributions to the United Nations and the 9 Committees on Appropriations shall be notified when such 10 credits are applied to any assessed contribution, including 11 any payment of arrearages: Provided further, That any no12 tification regarding funds appropriated or otherwise made 13 available under this heading in this Act or prior Acts mak14 ing appropriations for the Department of State, foreign 15 operations, and related programs submitted pursuant to 16 section 7015 of this Act, section 34 of the State Depart17 ment Basic Authorities Act of 1956 (22 U.S.C. 2706), or 18 any operating plan submitted pursuant to section 7076 19 of this Act, shall include an estimate of all known credits 20 currently available to the United States and provide up21 dated assessment costs including offsets from available 22 credits and updated foreign currency exchange rates: Pro23 vided further, That any payment of arrearages under this 24 heading shall be directed to activities that are mutually 25 agreed upon by the United States and the respective inter- •S 3117 PCS 12 1 national organization and shall be subject to the regular 2 notification procedures of the Committees on Appropria3 tions: Provided further, That none of the funds appro4 priated under this heading shall be available for a United 5 States contribution to an international organization for 6 the United States share of interest costs made known to 7 the United States Government by such organization for 8 loans incurred on or after October 1, 1984, through exter9 nal borrowings. 10 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING 11 ACTIVITIES 12 For necessary expenses to pay assessed and other ex- 13 penses of international peacekeeping activities directed to 14 the maintenance or restoration of international peace and 15 security, $781,930,000, of which 15 percent shall remain 16 available until September 30, 2018: Provided, That none 17 of the funds made available by this Act shall be obligated 18 or expended for any new or expanded United Nations 19 peacekeeping mission unless, at least 15 days in advance 20 of voting for such mission in the United Nations Security 21 Council (or in an emergency as far in advance as is prac22 ticable), the Committees on Appropriations are notified of: 23 (1) the estimated cost and duration of the mission, the 24 objectives of the mission, the national interest that will 25 be served, and the exit strategy; and (2) the sources of •S 3117 PCS 13 1 funds, including any reprogrammings or transfers, that 2 will be used to pay the cost of the new or expanded mis3 sion, and the estimated cost in future fiscal years: Pro4 vided further, That none of the funds appropriated under 5 this heading may be made available for obligation unless 6 the Secretary of State certifies and reports to the Commit7 tees on Appropriations on a peacekeeping mission-by-mis8 sion basis that the United Nations is implementing effec9 tive policies and procedures to prevent United Nations em10 ployees, contractor personnel, and peacekeeping troops 11 serving in such mission from trafficking in persons, ex12 ploiting victims of trafficking, or committing acts of sexual 13 exploitation and abuse or other violations of human rights, 14 and to bring to justice individuals who engage in such acts 15 while participating in such mission, including prosecution 16 in their home countries and making information about 17 such prosecutions publicly available on the Web site of the 18 United Nations: Provided further, That the Secretary of 19 State shall work with the United Nations and foreign gov20 ernments contributing peacekeeping troops to implement 21 effective vetting procedures to ensure that such troops 22 have not violated human rights: Provided further, That 23 funds shall be available for peacekeeping expenses unless 24 the Secretary of State determines that United States man25 ufacturers and suppliers are not being given opportunities •S 3117 PCS 14 1 to provide equipment, services, and material for United 2 Nations peacekeeping activities equal to those being given 3 to foreign manufacturers and suppliers: Provided further, 4 That none of the funds appropriated or otherwise made 5 available under this heading may be used for any United 6 Nations peacekeeping mission that will involve United 7 States Armed Forces under the command or operational 8 control of a foreign national, unless the President’s mili9 tary advisors have submitted to the President a rec10 ommendation that such involvement is in the national in11 terest of the United States and the President has sub12 mitted to Congress such a recommendation: Provided fur13 ther, That not later than May 1, 2017, and 30 days after 14 the end of fiscal year 2017, the Secretary of State shall 15 report to the Committees on Appropriations any credits 16 available to the United States, including those resulting 17 from United Nations peacekeeping missions or the United 18 Nations Tax Equalization Fund, and provide updated fis19 cal year 2017 and fiscal year 2018 assessment costs in20 cluding offsets from available credits: Provided further, 21 That any such credits shall only be available for United 22 States assessed contributions to the United Nations, and 23 the Committees on Appropriations shall be notified when 24 such credits are applied to any assessed contribution, in25 cluding any payment of arrearages: Provided further, That •S 3117 PCS 15 1 any notification regarding funds appropriated or otherwise 2 made available under this heading in this Act or prior Acts 3 making appropriations for the Department of State, for4 eign operations, and related programs submitted pursuant 5 to section 7015 of this Act, section 34 of the State Depart6 ment Basic Authorities Act of 1956 (22 U.S.C. 2706), or 7 any operating plan submitted pursuant to section 7076 8 of this Act, shall include an estimate of all known credits 9 currently available to the United States and provide up10 dated assessment costs including offsets from available 11 credits: Provided further, That any payment of arrearages 12 with funds appropriated by this Act shall be subject to 13 the regular notification procedures of the Committees on 14 Appropriations: Provided further, That the Secretary of 15 State shall work with the United Nations and members 16 of the United Nations Security Council to evaluate and 17 prioritize peacekeeping missions, and to consider a draw 18 down when mission goals have been substantially achieved: 19 Provided further, That notwithstanding any other provi20 sion of law, funds appropriated or otherwise made avail21 able under this heading may be available for United States 22 assessed contributions up to the amount specified in the 23 Annex accompanying United Nations General Assembly 24 document A/70/331/Add.1. •S 3117 PCS 16 1 2 INTERNATIONAL COMMISSIONS For necessary expenses, not otherwise provided for, 3 to meet obligations of the United States arising under 4 treaties, or specific Acts of Congress, as follows: 5 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 6 UNITED STATES AND MEXICO 7 For necessary expenses for the United States Section 8 of the International Boundary and Water Commission, 9 United States and Mexico, and to comply with laws appli10 cable to the United States Section, including not to exceed 11 $6,000 for representation expenses; as follows: 12 13 SALARIES AND EXPENSES For salaries and expenses, not otherwise provided for, 14 $48,134,000. 15 16 CONSTRUCTION For detailed plan preparation and construction of au- 17 thorized projects, $28,400,000, to remain available until 18 expended, as authorized. 19 20 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS For necessary expenses, not otherwise provided, for 21 the International Joint Commission and the International 22 Boundary Commission, United States and Canada, as au23 thorized by treaties between the United States and Can24 ada or Great Britain, and the Border Environment Co25 operation Commission as authorized by the North Amer- •S 3117 PCS 17 1 ican Free Trade Agreement Implementation Act (Public 2 Law 103–182), $12,258,000: Provided, That of the 3 amount provided under this heading for the International 4 Joint Commission, up to $500,000 may remain available 5 until September 30, 2018, and $9,000 may be made avail6 able for representation expenses. 7 8 INTERNATIONAL FISHERIES COMMISSIONS For necessary expenses for international fisheries 9 commissions, not otherwise provided for, as authorized by 10 law, $37,502,000: Provided, That the United States share 11 of such expenses may be advanced to the respective com12 missions pursuant to section 3324 of title 31, United 13 States Code. 14 15 16 17 RELATED AGENCY BROADCASTING BOARD OF GOVERNORS INTERNATIONAL BROADCASTING OPERATIONS For necessary expenses to enable the Broadcasting 18 Board of Governors (BBG), as authorized, to carry out 19 international communication activities, and to make and 20 supervise grants for radio, Internet, and television broad21 casting to the Middle East, $762,993,000: Provided, That 22 in addition to amounts otherwise available for such pur23 poses, up to $31,201,000 of the amount appropriated 24 under this heading may remain available until expended 25 for satellite transmissions and Internet freedom programs, •S 3117 PCS 18 1 of which not less than $12,500,000 shall be for Internet 2 freedom programs: Provided further, That of the total 3 amount appropriated under this heading, not to exceed 4 $35,000 may be used for representation expenses, of 5 which $10,000 may be used for such expenses within the 6 United States as authorized, and not to exceed $30,000 7 may be used for representation expenses of Radio Free 8 Europe/Radio Liberty: Provided further, That the author9 ity provided by section 504(c) of the Foreign Relations 10 Authorization Act, Fiscal Year 2003 (Public Law 107– 11 228; 22 U.S.C. 6206 note) shall remain in effect through 12 September 30, 2017: Provided further, That the BBG 13 shall notify the Committees on Appropriations within 15 14 days of any determination by the BBG Board that any 15 of its broadcast entities, including its grantee organiza16 tions, provides an open platform for international terror17 ists or those who support international terrorism, or is in 18 violation of the principles and standards set forth in sub19 sections (a) and (b) of section 303 of the United States 20 International Broadcasting Act of 1994 (22 U.S.C. 6202) 21 or the entity’s journalistic code of ethics: Provided further, 22 That significant modifications to BBG broadcast hours 23 previously justified to Congress, including changes to 24 transmission platforms (shortwave, medium wave, sat25 ellite, Internet, and television), for all BBG language serv- •S 3117 PCS 19 1 ices shall be subject to the regular notification procedures 2 of the Committees on Appropriations: Provided further, 3 That the BBG Board may delegate any of its authorities 4 or duties, or those of the Director of the International 5 Broadcasting Bureau, to a Chief Executive Officer, ap6 pointed by the BBG Board, to whom all Agency employ7 ees, except the BBG Board, shall report, and to whom 8 such Board may require the head of an international 9 broadcasting entity overseen by the BBG Board to report: 10 Provided further, That in addition to funds made available 11 under this heading, and notwithstanding any other provi12 sion of law, up to $5,000,000 in receipts from advertising 13 and revenue from business ventures, up to $500,000 in 14 receipts from cooperating international organizations, and 15 up to $1,000,000 in receipts from privatization efforts of 16 the Voice of America and the International Broadcasting 17 Bureau, shall remain available until expended for carrying 18 out authorized purposes. 19 20 BROADCASTING CAPITAL IMPROVEMENTS For the purchase, rent, construction, repair, preser- 21 vation, and improvement of facilities for radio, television, 22 and digital transmission and reception; the purchase, rent, 23 and installation of necessary equipment for radio, tele24 vision, and digital transmission and reception, including 25 to Cuba, as authorized; and physical security worldwide, •S 3117 PCS 20 1 in addition to amounts otherwise available for such pur2 poses, $9,700,000, to remain available until expended, as 3 authorized. 4 RELATED PROGRAMS 5 THE ASIA FOUNDATION 6 For a grant to The Asia Foundation, as authorized 7 by The Asia Foundation Act (22 U.S.C. 4402), 8 $17,000,000, to remain available until expended. 9 10 UNITED STATES INSTITUTE OF PEACE For necessary expenses of the United States Institute 11 of Peace, as authorized by the United States Institute of 12 Peace Act (22 U.S.C. 4601 et seq.), $37,884,000, to re13 main available until September 30, 2018, which shall not 14 be used for construction activities. 15 CENTER FOR 16 17 MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND For necessary expenses of the Center for Middle 18 Eastern-Western Dialogue Trust Fund, as authorized by 19 section 633 of the Departments of Commerce, Justice, and 20 State, the Judiciary, and Related Agencies Appropriations 21 Act, 2004 (22 U.S.C. 2078), the total amount of the inter22 est and earnings accruing to such Fund on or before Sep23 tember 30, 2017, to remain available until expended. •S 3117 PCS 21 1 2 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM For necessary expenses of Eisenhower Exchange Fel- 3 lowships, Incorporated, as authorized by sections 4 and 4 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 5 U.S.C. 5204–5205), all interest and earnings accruing to 6 the Eisenhower Exchange Fellowship Program Trust 7 Fund on or before September 30, 2017, to remain avail8 able until expended: Provided, That none of the funds ap9 propriated herein shall be used to pay any salary or other 10 compensation, or to enter into any contract providing for 11 the payment thereof, in excess of the rate authorized by 12 section 5376 of title 5, United States Code; or for pur13 poses which are not in accordance with section 200 of title 14 2 of the Code of Federal Regulations, including the re15 strictions on compensation for personal services. 16 17 ISRAELI ARAB SCHOLARSHIP PROGRAM For necessary expenses of the Israeli Arab Scholar- 18 ship Program, as authorized by section 214 of the Foreign 19 Relations Authorization Act, Fiscal Years 1992 and 1993 20 (22 U.S.C. 2452), all interest and earnings accruing to 21 the Israeli Arab Scholarship Fund on or before September 22 30, 2017, to remain available until expended. 23 24 EAST-WEST CENTER To enable the Secretary of State to provide for car- 25 rying out the provisions of the Center for Cultural and •S 3117 PCS 22 1 Technical Interchange Between East and West Act of 2 1960, by grant to the Center for Cultural and Technical 3 Interchange Between East and West in the State of Ha4 waii, $16,700,000. 5 6 NATIONAL ENDOWMENT FOR DEMOCRACY For grants made by the Department of State to the 7 National Endowment for Democracy, as authorized by the 8 National Endowment for Democracy Act (22 U.S.C. 9 4412), $170,000,000, to remain available until expended, 10 of which $117,500,000 shall be allocated in the traditional 11 and customary manner, including for the core institutes, 12 and $52,500,000 shall be for democracy programs. 13 14 OTHER COMMISSIONS COMMISSION FOR THE PRESERVATION OF 15 HERITAGE ABROAD 16 SALARIES AND EXPENSES 17 AMERICA’S For necessary expenses for the Commission for the 18 Preservation of America’s Heritage Abroad, $888,000, as 19 authorized by chapter 3123 of title 54, United States 20 Code: Provided, That the Commission may procure tem21 porary, intermittent, and other services notwithstanding 22 paragraph (3) of section 312304(b) of such chapter: Pro23 vided further, That such authority shall terminate on Oc24 tober 1, 2017: Provided further, That the Commission •S 3117 PCS 23 1 shall notify the Committees on Appropriations prior to ex2 ercising such authority. 3 UNITED STATES COMMISSION ON INTERNATIONAL 4 RELIGIOUS FREEDOM 5 SALARIES AND EXPENSES 6 For necessary expenses for the United States Com- 7 mission on International Religious Freedom, as authorized 8 by title II of the International Religious Freedom Act of 9 1998 (22 U.S.C. 6431 et seq.), $3,500,000, to remain 10 available until September 30, 2018, including not more 11 than $4,000 for representation expenses. 12 COMMISSION ON SECURITY AND COOPERATION 13 EUROPE 14 SALARIES AND EXPENSES 15 IN For necessary expenses of the Commission on Secu- 16 rity and Cooperation in Europe, as authorized by Public 17 Law 94–304, $2,579,000, including not more than $4,000 18 for representation expenses, to remain available until Sep19 tember 30, 2018. 20 CONGRESSIONAL-EXECUTIVE COMMISSION 21 PEOPLE’S REPUBLIC 22 23 OF ON THE CHINA SALARIES AND EXPENSES For necessary expenses of the Congressional-Execu- 24 tive Commission on the People’s Republic of China, as au25 thorized by title III of the U.S.-China Relations Act of •S 3117 PCS 24 1 2000 (22 U.S.C. 6911 et seq.), $2,000,000, including not 2 more than $3,000 for representation expenses, to remain 3 available until September 30, 2018. 4 UNITED STATES-CHINA ECONOMIC AND 5 REVIEW COMMISSION 6 SALARIES AND EXPENSES 7 SECURITY For necessary expenses of the United States-China 8 Economic and Security Review Commission, as authorized 9 by section 1238 of the Floyd D. Spence National Defense 10 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 11 $3,500,000, including not more than $4,000 for represen12 tation expenses, to remain available until September 30, 13 2018: Provided, That the authorities, requirements, limi14 tations, and conditions contained in the second through 15 sixth provisos under this heading in the Department of 16 State, Foreign Operations, and Related Programs Appro17 priations Act, 2010 (division F of Public Law 111–117) 18 shall continue in effect during fiscal year 2017 and shall 19 apply to funds appropriated under this heading as if in20 cluded in this Act. •S 3117 PCS 25 1 TITLE II 2 UNITED STATES AGENCY FOR INTERNATIONAL 3 4 DEVELOPMENT FUNDS APPROPRIATED 5 6 TO THE PRESIDENT OPERATING EXPENSES For necessary expenses to carry out the provisions 7 of section 667 of the Foreign Assistance Act of 1961, 8 $1,221,925,000, of which up to $183,289,000 may remain 9 available until September 30, 2018: Provided, That none 10 of the funds appropriated under this heading and under 11 the heading ‘‘Capital Investment Fund’’ in this title may 12 be made available to finance the construction (including 13 architect and engineering services), purchase, or long-term 14 lease of offices for use by the United States Agency for 15 International Development, unless the USAID Adminis16 trator has identified such proposed use of funds in a re17 port submitted to the Committees on Appropriations at 18 least 15 days prior to the obligation of funds for such pur19 poses: Provided further, That contracts or agreements en20 tered into with funds appropriated under this heading may 21 entail commitments for the expenditure of such funds 22 through the following fiscal year: Provided further, That 23 the authority of sections 610 and 109 of the Foreign As24 sistance Act of 1961 may be exercised by the Secretary 25 of State to transfer funds appropriated to carry out chap- •S 3117 PCS 26 1 ter 1 of part I of such Act to ‘‘Operating Expenses’’ in 2 accordance with the provisions of those sections: Provided 3 further, That of the funds appropriated or made available 4 under this heading, not to exceed $250,000 may be avail5 able for representation and entertainment expenses, of 6 which not to exceed $5,000 may be available for entertain7 ment expenses, and not to exceed $100,500 shall be for 8 official residence expenses, for USAID during the current 9 fiscal year. 10 11 CAPITAL INVESTMENT FUND For necessary expenses for overseas construction and 12 related costs, and for the procurement and enhancement 13 of information technology and related capital investments, 14 pursuant to section 667 of the Foreign Assistance Act of 15 1961, $66,145,000, to remain available until expended: 16 Provided, That this amount is in addition to funds other17 wise available for such purposes: Provided further, That 18 funds appropriated under this heading shall be available 19 subject to the regular notification procedures of the Com20 mittees on Appropriations. 21 22 OFFICE OF INSPECTOR GENERAL For necessary expenses to carry out the provisions 23 of section 667 of the Foreign Assistance Act of 1961, 24 $67,600,000, of which up to $10,140,000 may remain 25 available until September 30, 2018, for the Office of In- •S 3117 PCS 27 1 specter General of the United States Agency for Inter- 2 national Development. OS 3117 PCS 28 1 TITLE III 2 BILATERAL ECONOMIC ASSISTANCE 3 FUNDS APPROPRIATED 4 TO THE PRESIDENT For necessary expenses to enable the President to 5 carry out the provisions of the Foreign Assistance Act of 6 1961, and for other purposes, as follows: 7 8 GLOBAL HEALTH PROGRAMS For necessary expenses to carry out the provisions 9 of chapters 1 and 10 of part I of the Foreign Assistance 10 Act of 1961, for global health activities, in addition to 11 funds otherwise available for such purposes, 12 $2,995,000,000, to remain available until September 30, 13 2018, and which shall be apportioned directly to the 14 United States Agency for International Development: Pro15 vided, That this amount shall be made available for train16 ing, equipment, and technical assistance to build the ca17 pacity of public health institutions and organizations in 18 developing countries, and for such activities as: (1) child 19 survival and maternal health programs; (2) immunization 20 and oral rehydration programs; (3) other health, nutrition, 21 water and sanitation programs which directly address the 22 needs of mothers and children, and related education pro23 grams; (4) assistance for children displaced or orphaned 24 by causes other than AIDS; (5) programs for the preven25 tion, treatment, control of, and research on HIV/AIDS, •S 3117 PCS 29 1 tuberculosis, polio, malaria, and other infectious diseases 2 including neglected tropical diseases, and for assistance to 3 communities severely affected by HIV/AIDS, including 4 children infected or affected by AIDS; (6) disaster pre5 paredness training for health crises; (7) programs to pre6 pare for, and respond to, unanticipated and emerging 7 global health threats; and (8) family planning/reproductive 8 health: Provided further, That funds appropriated under 9 this paragraph may be made available for a United States 10 contribution to the GAVI Alliance: Provided further, That 11 none of the funds made available in this Act nor any unob12 ligated balances from prior appropriations Acts may be 13 made available to any organization or program which, as 14 determined by the President, supports or participates in 15 the management of a program of coercive abortion or in16 voluntary sterilization: Provided further, That any deter17 mination made under the previous proviso must be made 18 not later than 6 months after the date of enactment of 19 this Act, and must be accompanied by the evidence and 20 criteria utilized to make the determination: Provided fur21 ther, That none of the funds made available under this 22 Act may be used to pay for the performance of abortion 23 as a method of family planning or to motivate or coerce 24 any person to practice abortions: Provided further, That 25 nothing in this paragraph shall be construed to alter any •S 3117 PCS 30 1 existing statutory prohibitions against abortion under sec2 tion 104 of the Foreign Assistance Act of 1961: Provided 3 further, That none of the funds made available under this 4 Act may be used to lobby for or against abortion: Provided 5 further, That in order to reduce reliance on abortion in 6 developing nations, funds shall be available only to vol7 untary family planning projects which offer, either directly 8 or through referral to, or information about access to, a 9 broad range of family planning methods and services, and 10 that any such voluntary family planning project shall meet 11 the following requirements: (1) service providers or refer12 ral agents in the project shall not implement or be subject 13 to quotas, or other numerical targets, of total number of 14 births, number of family planning acceptors, or acceptors 15 of a particular method of family planning (this provision 16 shall not be construed to include the use of quantitative 17 estimates or indicators for budgeting and planning pur18 poses); (2) the project shall not include payment of incen19 tives, bribes, gratuities, or financial reward to: (A) an indi20 vidual in exchange for becoming a family planning accep21 tor; or (B) program personnel for achieving a numerical 22 target or quota of total number of births, number of fam23 ily planning acceptors, or acceptors of a particular method 24 of family planning; (3) the project shall not deny any right 25 or benefit, including the right of access to participate in •S 3117 PCS 31 1 any program of general welfare or the right of access to 2 health care, as a consequence of any individual’s decision 3 not to accept family planning services; (4) the project shall 4 provide family planning acceptors comprehensible infor5 mation on the health benefits and risks of the method cho6 sen, including those conditions that might render the use 7 of the method inadvisable and those adverse side effects 8 known to be consequent to the use of the method; and 9 (5) the project shall ensure that experimental contracep10 tive drugs and devices and medical procedures are pro11 vided only in the context of a scientific study in which 12 participants are advised of potential risks and benefits; 13 and, not less than 60 days after the date on which the 14 USAID Administrator determines that there has been a 15 violation of the requirements contained in paragraph (1), 16 (2), (3), or (5) of this proviso, or a pattern or practice 17 of violations of the requirements contained in paragraph 18 (4) of this proviso, the Administrator shall submit to the 19 Committees on Appropriations a report containing a de20 scription of such violation and the corrective action taken 21 by the Agency: Provided further, That in awarding grants 22 for natural family planning under section 104 of the For23 eign Assistance Act of 1961 no applicant shall be discrimi24 nated against because of such applicant’s religious or con25 scientious commitment to offer only natural family plan- •S 3117 PCS 32 1 ning; and, additionally, all such applicants shall comply 2 with the requirements of the previous proviso: Provided 3 further, That for purposes of this or any other Act author4 izing or appropriating funds for the Department of State, 5 foreign operations, and related programs, the term ‘‘moti6 vate’’, as it relates to family planning assistance, shall not 7 be construed to prohibit the provision, consistent with 8 local law, of information or counseling about all pregnancy 9 options: Provided further, That information provided 10 about the use of condoms as part of projects or activities 11 that are funded from amounts appropriated by this Act 12 shall be medically accurate and shall include the public 13 health benefits and failure rates of such use. 14 In addition, for necessary expenses to carry out the 15 provisions of the Foreign Assistance Act of 1961 for the 16 prevention, treatment, and control of, and research on, 17 HIV/AIDS, $5,670,000,000, to remain available until 18 September 30, 2021, which shall be apportioned directly 19 to the Department of State: Provided, That funds appro20 priated under this paragraph may be made available, not21 withstanding any other provision of law, except for the 22 United States Leadership Against HIV/AIDS, Tuber23 culosis, and Malaria Act of 2003 (Public Law 108–25), 24 as amended, for a United States contribution to the Global 25 Fund to Fight AIDS, Tuberculosis and Malaria (Global •S 3117 PCS 33 1 Fund), and shall be expended at the minimum rate nec2 essary to make timely payment for projects and activities: 3 Provided further, That the amount of such contribution 4 should be $1,350,000,000: Provided further, That section 5 202(d)(4)(A)(i) and (vi) of Public Law 108–25, as amend6 ed, shall be applied with respect to such funds made avail7 able for fiscal years 2015 through 2017 by substituting 8 ‘‘2004’’ for ‘‘2009’’: Provided further, That up to 5 per9 cent of the aggregate amount of funds made available to 10 the Global Fund in fiscal year 2017 may be made available 11 to USAID for technical assistance related to the activities 12 of the Global Fund, subject to the regular notification pro13 cedures of the Committees on Appropriations: Provided 14 further, That of the funds appropriated under this para15 graph, up to $17,000,000 may be made available, in addi16 tion to amounts otherwise available for such purposes, for 17 administrative expenses of the Office of the United States 18 Global AIDS Coordinator. 19 20 DEVELOPMENT ASSISTANCE For necessary expenses to carry out the provisions 21 of sections 103, 105, 106, 214, and sections 251 through 22 255, and chapter 10 of part I of the Foreign Assistance 23 Act of 1961, $2,959,573,000, to remain available until 24 September 30, 2018. •S 3117 PCS 34 1 2 INTERNATIONAL DISASTER ASSISTANCE For necessary expenses to carry out the provisions 3 of section 491 of the Foreign Assistance Act of 1961 for 4 international disaster relief, rehabilitation, and recon5 struction assistance, $474,763,000, to remain available 6 until expended. 7 8 TRANSITION INITIATIVES For necessary expenses for international disaster re- 9 habilitation and reconstruction assistance, pursuant to 10 section 491 of the Foreign Assistance Act of 1961, 11 $30,000,000, to remain available until expended, to sup12 port transition to democracy and long-term development 13 of countries in crisis: Provided, That such support may 14 include assistance to develop, strengthen, or preserve 15 democratic institutions and processes, revitalize basic in16 frastructure, and foster the peaceful resolution of conflict: 17 Provided further, That the Administrator of the United 18 States Agency for International Development shall submit 19 a report to the Committees on Appropriations at least 5 20 days prior to beginning a new program of assistance: Pro21 vided further, That if the Secretary of State determines 22 that it is important to the national interest of the United 23 States to provide transition assistance in excess of the 24 amount appropriated under this heading, up to 25 $15,000,000 of the funds appropriated by this Act to •S 3117 PCS 35 1 carry out the provisions of part I of the Foreign Assist2 ance Act of 1961 may be used for purposes of this heading 3 and under the authorities applicable to funds appropriated 4 under this heading: Provided further, That funds made 5 available pursuant to the previous proviso shall be made 6 available subject to prior consultation with the Committees 7 on Appropriations. 8 9 COMPLEX CRISES FUND For necessary expenses to carry out the provisions 10 of the Foreign Assistance Act of 1961 to support pro11 grams and activities to prevent or respond to emerging 12 or unforeseen foreign challenges and complex crises over13 seas, $10,000,000, to remain available until expended: 14 Provided, That funds appropriated under this heading 15 may be made available on such terms and conditions as 16 are appropriate and necessary for the purposes of pre17 venting or responding to such challenges and crises, except 18 that no funds shall be made available for lethal assistance 19 or to respond to natural disasters: Provided further, That 20 funds appropriated under this heading may be made avail21 able notwithstanding any other provision of law, except 22 sections 7007, 7008, and 7018 of this Act and section 23 620M of the Foreign Assistance Act of 1961: Provided 24 further, That funds appropriated under this heading may 25 be used for administrative expenses, in addition to funds •S 3117 PCS 36 1 otherwise available for such purposes, except that such ex2 penses may not exceed 5 percent of the funds appropriated 3 under this heading: Provided further, That funds appro4 priated under this heading shall be subject to the regular 5 notification procedures of the Committees on Appropria6 tions, except that such notifications shall be transmitted 7 at least 5 days prior to the obligation of funds. 8 9 DEVELOPMENT CREDIT AUTHORITY For the cost of direct loans and loan guarantees pro- 10 vided by the United States Agency for International De11 velopment, as authorized by sections 256 and 635 of the 12 Foreign Assistance Act of 1961, up to $60,000,000 may 13 be derived by transfer from funds appropriated by this Act 14 to carry out part I of such Act and under the heading 15 ‘‘Assistance for Europe, Eurasia and Central Asia’’: Pro16 vided, That funds provided under this paragraph and 17 funds provided as a gift that are used for purposes of this 18 paragraph pursuant to section 635(d) of the Foreign As19 sistance Act of 1961 shall be made available only for 20 micro- and small enterprise programs, urban programs, 21 and other programs which further the purposes of part 22 I of such Act: Provided further, That such costs, including 23 the cost of modifying such direct and guaranteed loans, 24 shall be as defined in section 502 of the Congressional 25 Budget Act of 1974, as amended: Provided further, That •S 3117 PCS 37 1 funds made available by this paragraph may be used for 2 the cost of modifying any such guaranteed loans under 3 this Act or prior Acts making appropriations for the De4 partment of State, foreign operations, and related pro5 grams, and funds used for such costs shall be subject to 6 the regular notification procedures of the Committees on 7 Appropriations: Provided further, That the provisions of 8 section 107A(d) (relating to general provisions applicable 9 to the Development Credit Authority) of the Foreign As10 sistance Act of 1961, as contained in section 306 of H.R. 11 1486 as reported by the House Committee on Inter12 national Relations on May 9, 1997, shall be applicable to 13 direct loans and loan guarantees provided under this head14 ing, except that the principal amount of loans made or 15 guaranteed under this heading with respect to any single 16 country shall not exceed $300,000,000: Provided further, 17 That these funds are available to subsidize total loan prin18 cipal, any portion of which is to be guaranteed, of up to 19 $2,000,000,000. 20 In addition, for administrative expenses to carry out 21 credit programs administered by USAID, $10,000,000, 22 which may be transferred to, and merged with, funds 23 made available under the heading ‘‘Operating Expenses’’ 24 in title II of this Act: Provided, That funds made available •S 3117 PCS 38 1 under this heading shall remain available until September 2 30, 2019. 3 4 ECONOMIC SUPPORT FUND For necessary expenses to carry out the provisions 5 of chapter 4 of part II of the Foreign Assistance Act of 6 1961, $1,576,361,000, to remain available until Sep7 tember 30, 2018. 8 9 DEMOCRACY FUND For necessary expenses to carry out the provisions 10 of the Foreign Assistance Act of 1961 for the promotion 11 of democracy globally, $150,500,000, to remain available 12 until September 30, 2018. 13 14 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA For necessary expenses to carry out the provisions 15 of the Foreign Assistance Act of 1961, the FREEDOM 16 Support Act (Public Law 102–511), and the Support for 17 Eastern European Democracy (SEED) Act of 1989 (Pub18 lic Law 101–179), $291,420,000, to remain available until 19 September 30, 2018, which shall be available, notwith20 standing any other provision of law, except section 7070 21 of this Act, for assistance and related programs for coun22 tries identified in section 3 of Public Law 102–511 and 23 section 3(c) of Public Law 101–179, in addition to funds 24 otherwise available for such purposes: Provided, That 25 funds appropriated by this Act under the heading ‘‘Global •S 3117 PCS 39 1 Health Programs’’ that are made available for assistance 2 for such countries shall be administered in accordance 3 with the responsibilities of the coordinator designated pur4 suant to section 102 of Public Law 102–511 and section 5 601 of Public Law 101–179: Provided further, That the 6 Secretary of State, following consultation with the Com7 mittees on Appropriations, may assign responsibilities 8 under section 102(a) of Public Law 102–511 to another 9 senior Department of State official with regard to the 10 Central Asian countries identified in section 3 of such Act: 11 Provided further, That funds appropriated under this 12 heading shall be considered to be economic assistance 13 under the Foreign Assistance Act of 1961 for purposes 14 of making available the administrative authorities con15 tained in that Act for the use of economic assistance. 16 17 18 DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE For necessary expenses not otherwise provided for, 19 to enable the Secretary of State to carry out the provisions 20 of section 2(a) and (b) of the Migration and Refugee As21 sistance Act of 1962, and other activities to meet refugee 22 and migration needs; salaries and expenses of personnel 23 and dependents as authorized by the Foreign Service Act 24 of 1980; allowances as authorized by sections 5921 25 through 5925 of title 5, United States Code; purchase and •S 3117 PCS 40 1 hire of passenger motor vehicles; and services as author2 ized by section 3109 of title 5, United States Code, 3 $931,886,000, to remain available until expended, of 4 which not less than $35,000,000 shall be made available 5 to respond to small-scale emergency humanitarian require6 ments, and $7,500,000 shall be made available for refu7 gees resettling in Israel. 8 UNITED STATES EMERGENCY REFUGEE AND MIGRATION 9 ASSISTANCE FUND 10 For necessary expenses to carry out the provisions 11 of section 2(c) of the Migration and Refugee Assistance 12 Act of 1962, as amended (22 U.S.C. 2601(c)), 13 $10,000,000, to remain available until expended. 14 INDEPENDENT AGENCIES 15 PEACE CORPS 16 (INCLUDING TRANSFER OF FUNDS) 17 For necessary expenses to carry out the provisions 18 of the Peace Corps Act (22 U.S.C. 2501 et seq.), including 19 the purchase of not to exceed five passenger motor vehicles 20 for administrative purposes for use outside of the United 21 States, $410,000,000, of which $5,500,000 is for the Of22 fice of Inspector General, to remain available until Sep23 tember 30, 2018: Provided, That the Director of the Peace 24 Corps may transfer to the Foreign Currency Fluctuations 25 Account, as authorized by section 16 of the Peace Corps •S 3117 PCS 41 1 Act (22 U.S.C. 2515), an amount not to exceed 2 $5,000,000: Provided further, That funds transferred pur3 suant to the previous proviso may not be derived from 4 amounts made available for Peace Corps overseas oper5 ations: Provided further, That of the funds appropriated 6 under this heading, not to exceed $104,000 may be avail7 able for representation expenses, of which not to exceed 8 $4,000 may be made available for entertainment expenses: 9 Provided further, That any decision to open, close, signifi10 cantly reduce, or suspend a domestic or overseas office or 11 country program shall be subject to prior consultation 12 with, and the regular notification procedures of, the Com13 mittees on Appropriations, except that prior consultation 14 and regular notification procedures may be waived when 15 there is a substantial security risk to volunteers or other 16 Peace Corps personnel, pursuant to section 7015(e) of this 17 Act: Provided further, That none of the funds appropriated 18 under this heading shall be used to pay for abortions: Pro19 vided further, That notwithstanding the previous proviso, 20 section 614 of division E of Public Law 113–76 shall 21 apply to funds appropriated under this heading. 22 23 MILLENNIUM CHALLENGE CORPORATION For necessary expenses to carry out the provisions 24 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 25 et seq.) (MCA), $905,000,000, to remain available until •S 3117 PCS 42 1 expended: Provided, That of the funds appropriated under 2 this heading, up to $105,000,000 may be available for ad3 ministrative expenses of the Millennium Challenge Cor4 poration (MCC): Provided further, That up to 5 percent 5 of the funds appropriated under this heading may be made 6 available to carry out the purposes of section 616 of the 7 MCA for fiscal year 2017: Provided further, That section 8 605(e) of the MCA shall apply to funds appropriated 9 under this heading: Provided further, That funds appro10 priated under this heading may be made available for a 11 Millennium Challenge Compact entered into pursuant to 12 section 609 of the MCA only if such Compact obligates, 13 or contains a commitment to obligate subject to the avail14 ability of funds and the mutual agreement of the parties 15 to the Compact to proceed, the entire amount of the 16 United States Government funding anticipated for the du17 ration of the Compact: Provided further, That the MCC 18 Chief Executive Officer shall notify the Committees on Ap19 propriations not later than 15 days prior to commencing 20 negotiations for any country compact or threshold country 21 program; signing any such compact or threshold program; 22 or terminating or suspending any such compact or thresh23 old program: Provided further, That funds appropriated 24 under this heading by this Act and prior Acts making ap25 propriations for the Department of State, foreign oper- •S 3117 PCS 43 1 ations, and related programs that are available to imple2 ment section 609(g) of the MCA shall be subject to the 3 regular notification procedures of the Committees on Ap4 propriations: Provided further, That no country should be 5 eligible for a threshold program after such country has 6 completed a country compact: Provided further, That any 7 funds that are deobligated from a Millennium Challenge 8 Compact shall be subject to the regular notification proce9 dures of the Committees on Appropriations prior to re10 obligation: Provided further, That notwithstanding section 11 606(a)(2) of the MCA, a country shall be a candidate 12 country for purposes of eligibility for assistance for the 13 fiscal year if the country has a per capita income equal 14 to or below the World Bank’s lower middle income country 15 threshold for the fiscal year and is among the 75 lowest 16 per capita income countries as identified by the World 17 Bank; and the country meets the requirements of section 18 606(a)(1)(B) of the MCA: Provided further, That notwith19 standing section 606(b)(1) of the MCA, in addition to 20 countries described in the preceding proviso, a country 21 shall be a candidate country for purposes of eligibility for 22 assistance for the fiscal year if the country has a per cap23 ita income equal to or below the World Bank’s lower mid24 dle income country threshold for the fiscal year and is not 25 among the 75 lowest per capita income countries as identi- •S 3117 PCS 44 1 fied by the World Bank; and the country meets the re2 quirements of section 606(a)(1)(B) of the MCA: Provided 3 further, That any MCC candidate country under section 4 606 of the MCA with a per capita income that changes 5 in the fiscal year such that the country would be reclassi6 fied from a low income country to a lower middle income 7 country or from a lower middle income country to a low 8 income country shall retain its candidacy status in its 9 former income classification for the fiscal year and the 2 10 subsequent fiscal years: Provided further, That publication 11 in the Federal Register of a notice of availability of a copy 12 of a Compact on the MCC Web site shall be deemed, in 13 this fiscal year and each fiscal year hereafter, to satisfy 14 the requirements of section 610(b)(2) of the MCA for such 15 Compact: Provided further, That none of the funds made 16 available by this Act or prior Acts making appropriations 17 for the Department of State, foreign operations, and re18 lated programs shall be available for a threshold program 19 in a country that is not currently a candidate country: 20 Provided further, That of the funds appropriated under 21 this heading, not to exceed $100,000 may be available for 22 representation and entertainment expenses, of which not 23 to exceed $5,000 may be available for entertainment ex24 penses. •S 3117 PCS 45 1 2 INTER-AMERICAN FOUNDATION For necessary expenses to carry out the functions of 3 the Inter-American Foundation in accordance with the 4 provisions of section 401 of the Foreign Assistance Act 5 of 1969, $22,500,000, to remain available until September 6 30, 2018: Provided, That of the funds appropriated under 7 this heading, not to exceed $2,000 may be available for 8 representation expenses. 9 10 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION For necessary expenses to carry out title V of the 11 International Security and Development Cooperation Act 12 of 1980 (Public Law 96–533), $30,000,000, to remain 13 available until September 30, 2018, of which not to exceed 14 $2,000 may be available for representation expenses: Pro15 vided, That funds made available to grantees may be in16 vested pending expenditure for project purposes when au17 thorized by the Board of Directors of the United States 18 African Development Foundation (USADF): Provided fur19 ther, That interest earned shall be used only for the pur20 poses for which the grant was made: Provided further, 21 That notwithstanding section 505(a)(2) of the African De22 velopment Foundation Act, in exceptional circumstances 23 the Board of Directors of the USADF may waive the 24 $250,000 limitation contained in that section with respect 25 to a project and a project may exceed the limitation by •S 3117 PCS 46 1 up to 10 percent if the increase is due solely to foreign 2 currency fluctuation: Provided further, That the USADF 3 shall submit a report to the Committees on Appropriations 4 after each time such waiver authority is exercised: Pro5 vided further, That the USADF may make rent or lease 6 payments in advance from appropriations available for 7 such purpose for offices, buildings, grounds, and quarters 8 in Africa as may be necessary to carry out its functions: 9 Provided further, That the USADF may maintain bank 10 accounts outside the United States Treasury and retain 11 any interest earned on such accounts, in furtherance of 12 the purposes of the African Foundation Development Act: 13 Provided further, That the USADF may not withdraw any 14 appropriation from the Treasury prior to the need of 15 spending such funds for program purposes. 16 17 18 DEPARTMENT OF THE TREASURY INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE For necessary expenses to carry out the provisions 19 of section 129 of the Foreign Assistance Act of 1961, 20 $30,103,000, to remain available until September 30, 21 2019, which shall be available notwithstanding any other 22 provision of law. •S 3117 PCS 47 1 TITLE IV 2 INTERNATIONAL SECURITY ASSISTANCE 3 DEPARTMENT OF STATE 4 INTERNATIONAL NARCOTICS CONTROL AND LAW 5 ENFORCEMENT 6 For necessary expenses to carry out section 481 of 7 the Foreign Assistance Act of 1961, $780,819,000, to re8 main available until September 30, 2018: Provided, That 9 the provision of assistance by any other department or 10 agency of the United States Government which is com11 parable to assistance that may be made available under 12 this heading, but which is provided under any other provi13 sion of law, shall be provided only with the concurrence 14 of the Secretary of State and administered in accordance 15 with the provisions of sections 481(b) and 622(c) of the 16 Foreign Assistance Act of 1961: Provided further, That 17 the Department of State may use the authority of section 18 608 of the Foreign Assistance Act of 1961, without regard 19 to its restrictions, to receive excess property from an agen20 cy of the United States Government for the purpose of 21 providing such property to a foreign country or inter22 national organization under chapter 8 of part I of such 23 Act, subject to the regular notification procedures of the 24 Committees on Appropriations: Provided further, That sec25 tion 482(b) of the Foreign Assistance Act of 1961 shall •S 3117 PCS 48 1 not apply to funds appropriated under this heading, except 2 that any funds made available notwithstanding such sec3 tion shall be subject to the regular notification procedures 4 of the Committees on Appropriations: Provided further, 5 That funds appropriated under this heading may be made 6 available to support training and technical assistance for 7 foreign law enforcement, corrections, and other judicial 8 authorities, utilizing regional partners: Provided further, 9 That of the funds appropriated under this heading, not 10 less than $10,000,000 shall be made available, on a com11 petitive basis, for rule of law programs for transitional and 12 post-conflict states, and for activities to coordinate rule 13 of law programs among foreign governments, international 14 and nongovernmental organizations, and other United 15 States Government agencies: Provided further, That funds 16 made available under this heading that are transferred to 17 another department, agency, or instrumentality of the 18 United States Government pursuant to section 632(b) of 19 the Foreign Assistance Act of 1961 valued in excess of 20 $5,000,000, and any agreement made pursuant to section 21 632(a) of such Act, shall be subject to the regular notifica22 tion procedures of the Committees on Appropriations. •S 3117 PCS 49 1 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND 2 RELATED PROGRAMS 3 For necessary expenses for nonproliferation, anti-ter- 4 rorism, demining and related programs and activities, 5 $490,196,000, to remain available until September 30, 6 2018, to carry out the provisions of chapter 8 of part II 7 of the Foreign Assistance Act of 1961 for anti-terrorism 8 assistance, chapter 9 of part II of the Foreign Assistance 9 Act of 1961, section 504 of the FREEDOM Support Act, 10 section 23 of the Arms Export Control Act, or the Foreign 11 Assistance Act of 1961 for demining activities, the clear12 ance of unexploded ordnance, the destruction of small 13 arms, and related activities, notwithstanding any other 14 provision of law, including activities implemented through 15 nongovernmental and international organizations, and sec16 tion 301 of the Foreign Assistance Act of 1961 for a 17 United States contribution to the Comprehensive Nuclear 18 Test Ban Treaty Preparatory Commission, and for a vol19 untary contribution to the International Atomic Energy 20 Agency (IAEA): Provided, That the Secretary of State 21 shall inform the appropriate congressional committees of 22 information regarding any separate arrangements relating 23 to the ‘‘Road-map for the Clarification of Past and 24 Present Outstanding Issues Regarding Iran’s Nuclear 25 Program’’ between the IAEA and the Islamic Republic of •S 3117 PCS 50 1 Iran, in classified form if necessary, if such information 2 becomes known to the Department of State: Provided fur3 ther, That for the clearance of unexploded ordnance, the 4 Secretary of State should prioritize those areas where such 5 ordnance was caused by the United States: Provided fur6 ther, That funds made available under this heading for 7 the Nonproliferation and Disarmament Fund shall be 8 made available notwithstanding any other provision of law 9 and subject to prior consultation with, and the regular no10 tification procedures of, the Committees on Appropria11 tions, to promote bilateral and multilateral activities relat12 ing to nonproliferation, disarmament, and weapons de13 struction, and shall remain available until expended: Pro14 vided further, That such funds may also be used for such 15 countries other than the Independent States of the former 16 Soviet Union and international organizations when it is 17 in the national security interest of the United States to 18 do so: Provided further, That funds appropriated under 19 this heading may be made available for the IAEA unless 20 the Secretary of State determines that Israel is being de21 nied its right to participate in the activities of that Agen22 cy: Provided further, That funds made available for con23 ventional weapons destruction programs, including 24 demining and related activities, in addition to funds other25 wise available for such purposes, may be used for adminis- •S 3117 PCS 51 1 trative expenses related to the operation and management 2 of such programs and activities, subject to the regular no3 tification procedures of the Committees on Appropria4 tions. 5 6 PEACEKEEPING OPERATIONS For necessary expenses to carry out the provisions 7 of section 551 of the Foreign Assistance Act of 1961, 8 $94,500,000: Provided, That funds appropriated under 9 this heading may be used, notwithstanding section 660 of 10 such Act, to provide assistance to enhance the capacity 11 of foreign civilian security forces, including gendarmes, to 12 participate in peacekeeping operations: Provided further, 13 That of the funds appropriated under this heading, not 14 less than $44,500,000 shall be made available for a United 15 States contribution to the Multinational Force and Ob16 servers mission in the Sinai: Provided further, That none 17 of the funds appropriated under this heading shall be obli18 gated except as provided through the regular notification 19 procedures of the Committees on Appropriations. 20 21 22 FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL MILITARY EDUCATION AND TRAINING For necessary expenses to carry out the provisions 23 of section 541 of the Foreign Assistance Act of 1961, 24 $109,495,000, of which up to $4,000,000 may remain 25 available until September 30, 2018: Provided, That the •S 3117 PCS 52 1 civilian personnel for whom military education and train2 ing may be provided under this heading may include civil3 ians who are not members of a government whose partici4 pation would contribute to improved civil-military rela5 tions, civilian control of the military, or respect for human 6 rights: Provided further, That of the funds appropriated 7 under this heading, not to exceed $55,000 may be avail8 able for entertainment expenses. 9 10 FOREIGN MILITARY FINANCING PROGRAM For necessary expenses for grants to enable the 11 President to carry out the provisions of section 23 of the 12 Arms Export Control Act, $4,988,365,000: Provided, 13 That to expedite the provision of assistance to foreign 14 countries and international organizations, the Secretary of 15 State, following consultation with the Committees on Ap16 propriations and subject to the regular notification proce17 dures of such Committees, may use the funds appro18 priated under this heading to procure defense articles and 19 services to enhance the capacity of foreign security forces: 20 Provided further, That of the funds appropriated under 21 this heading, not less than $3,400,000,000 shall be avail22 able for grants only for Israel, which shall be disbursed 23 within 30 days of enactment of this Act: Provided further, 24 That to the extent that the Government of Israel requests 25 that funds be used for such purposes, grants made avail- •S 3117 PCS 53 1 able for Israel under this heading shall, as agreed by the 2 United States and Israel, be available for advanced weap3 ons systems, of which not less than $815,300,000 shall 4 be available for the procurement in Israel of defense arti5 cles and defense services, including research and develop6 ment: Provided further, That none of the funds made 7 available under this heading shall be made available to 8 support or continue any program initially funded under 9 the authority of section 1206 of the National Defense Au10 thorization Act for Fiscal Year 2006 (Public Law 109– 11 163; 119 Stat. 3456), section 2282 of title 10, United 12 States Code, or any successor authorities, unless the Sec13 retary of State, in coordination with the Secretary of De14 fense, has justified such program to the Committees on 15 Appropriations: Provided further, That funds appropriated 16 or otherwise made available under this heading shall be 17 nonrepayable notwithstanding any requirement in section 18 23 of the Arms Export Control Act: Provided further, That 19 funds made available under this heading shall be obligated 20 upon apportionment in accordance with paragraph (5)(C) 21 of section 1501(a) of title 31, United States Code. 22 None of the funds made available under this heading 23 shall be available to finance the procurement of defense 24 articles, defense services, or design and construction serv25 ices that are not sold by the United States Government •S 3117 PCS 54 1 under the Arms Export Control Act unless the foreign 2 country proposing to make such procurement has first 3 signed an agreement with the United States Government 4 specifying the conditions under which such procurement 5 may be financed with such funds: Provided, That all coun6 try and funding level increases in allocations shall be sub7 mitted through the regular notification procedures of sec8 tion 7015 of this Act: Provided further, That funds made 9 available under this heading may be used, notwithstanding 10 any other provision of law, for demining, the clearance of 11 unexploded ordnance, and related activities, and may in12 clude activities implemented through nongovernmental 13 and international organizations: Provided further, That 14 only those countries for which assistance was justified for 15 the ‘‘Foreign Military Sales Financing Program’’ in the 16 fiscal year 1989 congressional presentation for security as17 sistance programs may utilize funds made available under 18 this heading for procurement of defense articles, defense 19 services, or design and construction services that are not 20 sold by the United States Government under the Arms 21 Export Control Act: Provided further, That funds appro22 priated under this heading shall be expended at the min23 imum rate necessary to make timely payment for defense 24 articles and services: Provided further, That not more than 25 $70,000,000 of the funds appropriated under this heading •S 3117 PCS 55 1 may be obligated for necessary expenses, including the 2 purchase of passenger motor vehicles for replacement only 3 for use outside of the United States, for the general costs 4 of administering military assistance and sales, except that 5 this limitation may be exceeded only through the regular 6 notification procedures of the Committees on Appropria7 tions: Provided further, That of the funds made available 8 under this heading for general costs of administering mili9 tary assistance and sales, not to exceed $4,000 may be 10 available for entertainment expenses and not to exceed 11 $130,000 may be available for representation expenses: 12 Provided further, That not more than $920,200,000 of 13 funds realized pursuant to section 21(e)(1)(A) of the Arms 14 Export Control Act may be obligated for expenses incurred 15 by the Department of Defense during fiscal year 2017 16 pursuant to section 43(b) of the Arms Export Control Act, 17 except that this limitation may be exceeded only through 18 the regular notification procedures of the Committees on 19 Appropriations. •S 3117 PCS 56 1 TITLE V 2 MULTILATERAL ASSISTANCE 3 FUNDS APPROPRIATED TO THE PRESIDENT 4 INTERNATIONAL ORGANIZATIONS AND PROGRAMS 5 For necessary expenses to carry out the provisions 6 of section 301 of the Foreign Assistance Act of 1961, and 7 of section 2 of the United Nations Environment Program 8 Participation Act of 1973, $347,950,000: Provided, That 9 section 307(a) of the Foreign Assistance Act of 1961 shall 10 not apply to contributions to the United Nations Democ11 racy Fund. 12 INTERNATIONAL FINANCIAL INSTITUTIONS 13 GLOBAL ENVIRONMENT FACILITY 14 For payment to the International Bank for Recon- 15 struction and Development as trustee for the Global Envi16 ronment Facility by the Secretary of the Treasury, 17 $146,563,000, to remain available until expended. 18 19 CONTRIBUTION TO THE GREEN CLIMATE FUND For payment to the International Bank for Recon- 20 struction and Development as trustee for the Green Cli21 mate Fund by the Secretary of the Treasury, 22 $263,000,000, to remain available until expended. •S 3117 PCS 57 1 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT 2 ASSOCIATION 3 For payment to the International Development Asso- 4 ciation by the Secretary of the Treasury, $1,113,130,000, 5 to remain available until expended. 6 CONTRIBUTION TO THE INTERNATIONAL BANK FOR 7 RECONSTRUCTION AND DEVELOPMENT 8 For payment to the International Bank for Recon- 9 struction and Development by the Secretary of the Treas10 ury for the United States share of the paid-in portion of 11 the increases in capital stock, $5,963,421, to remain avail12 able until expended. 13 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT 14 BANK 15 For payment to the Inter-American Development 16 Bank by the Secretary of the Treasury for the United 17 States share of the paid-in portion of the increase in cap18 ital stock, $21,939,727, to remain available until ex19 pended. 20 21 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND For payment to the Asian Development Bank’s Asian 22 Development Fund by the Secretary of the Treasury, 23 $99,233,000, to remain available until expended. •S 3117 PCS 58 1 2 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK For payment to the African Development Bank by 3 the Secretary of the Treasury for the United States share 4 of the paid-in portion of the increase in capital stock, 5 $32,418,000, to remain available until expended. 6 7 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the African Develop- 8 ment Bank may subscribe without fiscal year limitation 9 to the callable capital portion of the United States share 10 of such capital stock in an amount not to exceed 11 $507,860,808. 12 13 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND For payment to the African Development Fund by 14 the Secretary of the Treasury, $214,332,000, to remain 15 available until expended. 16 CONTRIBUTION TO THE INTERNATIONAL FUND FOR 17 AGRICULTURAL DEVELOPMENT 18 For payment to the International Fund for Agricul- 19 tural Development by the Secretary of the Treasury, 20 $30,000,000, to remain available until expended. 21 22 GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM For payment to the Global Agriculture and Food Se- 23 curity Program by the Secretary of the Treasury, 24 $23,000,000, to remain available until expended. •S 3117 PCS 59 1 CONTRIBUTION TO THE NORTH AMERICAN DEVELOPMENT 2 BANK 3 For payment to the North American Development 4 Bank by the Secretary of the Treasury for the United 5 States share of the paid-in portion of the increase in cap6 ital stock, $45,000,000, to remain available until ex7 pended. 8 9 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The Secretary of the Treasury may subscribe without 10 fiscal year limitation to the callable capital portion of the 11 United States share of such capital stock in an amount 12 not to exceed $255,000,000. •S 3117 PCS 60 1 TITLE VI 2 EXPORT AND INVESTMENT ASSISTANCE 3 EXPORT-IMPORT BANK 4 5 OF THE UNITED STATES INSPECTOR GENERAL For necessary expenses of the Office of Inspector 6 General in carrying out the provisions of the Inspector 7 General Act of 1978, as amended, $5,700,000, to remain 8 available until September 30, 2018. 9 10 PROGRAM ACCOUNT The Export-Import Bank of the United States is au- 11 thorized to make such expenditures within the limits of 12 funds and borrowing authority available to such corpora13 tion, and in accordance with law, and to make such con14 tracts and commitments without regard to fiscal year limi15 tations, as provided by section 104 of the Government 16 Corporation Control Act, as may be necessary in carrying 17 out the program for the current fiscal year for such cor18 poration: Provided, That none of the funds available dur19 ing the current fiscal year may be used to make expendi20 tures, contracts, or commitments for the export of nuclear 21 equipment, fuel, or technology to any country, other than 22 a nuclear-weapon state as defined in Article IX of the 23 Treaty on the Non-Proliferation of Nuclear Weapons eligi24 ble to receive economic or military assistance under this •S 3117 PCS 61 1 Act, that has detonated a nuclear explosive after the date 2 of the enactment of this Act. 3 4 ADMINISTRATIVE EXPENSES For administrative expenses to carry out the direct 5 and guaranteed loan and insurance programs, including 6 hire of passenger motor vehicles and services as authorized 7 by section 3109 of title 5, United States Code, and not 8 to exceed $30,000 for official reception and representation 9 expenses for members of the Board of Directors, not to 10 exceed $110,000,000: Provided, That the Export-Import 11 Bank (the Bank) may accept, and use, payment or serv12 ices provided by transaction participants for legal, finan13 cial, or technical services in connection with any trans14 action for which an application for a loan, guarantee or 15 insurance commitment has been made: Provided further, 16 That notwithstanding subsection (b) of section 117 of the 17 Export Enhancement Act of 1992, subsection (a) thereof 18 shall remain in effect through September 30, 2017: Pro19 vided further, That the Bank shall charge fees for nec20 essary expenses (including special services performed on 21 a contract or fee basis, but not including other personal 22 services) in connection with the collection of moneys owed 23 the Bank, repossession or sale of pledged collateral or 24 other assets acquired by the Bank in satisfaction of mon25 eys owed the Bank, or the investigation or appraisal of •S 3117 PCS 62 1 any property, or the evaluation of the legal, financial, or 2 technical aspects of any transaction for which an applica3 tion for a loan, guarantee or insurance commitment has 4 been made, or systems infrastructure directly supporting 5 transactions: Provided further, That in addition to other 6 funds appropriated for administrative expenses, such fees 7 shall be credited to this account for such purposes, to re8 main available until expended. 9 10 RECEIPTS COLLECTED Receipts collected pursuant to the Export-Import 11 Bank Act of 1945, as amended, and the Federal Credit 12 Reform Act of 1990, as amended, in an amount not to 13 exceed the amount appropriated herein, shall be credited 14 as offsetting collections to this account: Provided, That the 15 sums herein appropriated from the General Fund shall be 16 reduced on a dollar-for-dollar basis by such offsetting col17 lections so as to result in a final fiscal year appropriation 18 from the General Fund estimated at $0: Provided further, 19 That amounts collected in fiscal year 2017 in excess of 20 obligations, up to $10,000,000 shall become available on 21 September 1, 2017, and shall remain available until Sep22 tember 30, 2020. •S 3117 PCS 63 1 OVERSEAS PRIVATE INVESTMENT CORPORATION 2 NONCREDIT ACCOUNT 3 The Overseas Private Investment Corporation is au- 4 thorized to make, without regard to fiscal year limitations, 5 as provided by section 9104 of title 31, United States 6 Code, such expenditures and commitments within the lim7 its of funds available to it and in accordance with law as 8 may be necessary: Provided, That the amount available for 9 administrative expenses to carry out the credit and insur10 ance programs (including an amount for official reception 11 and representation expenses which shall not exceed 12 $35,000) shall not exceed $77,000,000: Provided further, 13 That project-specific transaction costs, including direct 14 and indirect costs incurred in claims settlements, and 15 other direct costs associated with services provided to spe16 cific investors or potential investors pursuant to section 17 234 of the Foreign Assistance Act of 1961, shall not be 18 considered administrative expenses for the purposes of this 19 heading. 20 21 PROGRAM ACCOUNT For the cost of direct and guaranteed loans, 22 $20,000,000, as authorized by section 234 of the Foreign 23 Assistance Act of 1961, to be derived by transfer from 24 the Overseas Private Investment Corporation Noncredit 25 Account: Provided, That such costs, including the cost of •S 3117 PCS 64 1 modifying such loans, shall be as defined in section 502 2 of the Congressional Budget Act of 1974: Provided fur3 ther, That such sums shall be available for direct loan obli4 gations and loan guaranty commitments incurred or made 5 during fiscal years 2017, 2018, and 2019: Provided fur6 ther, That funds so obligated in fiscal year 2017 remain 7 available for disbursement through 2025; funds obligated 8 in fiscal year 2018 remain available for disbursement 9 through 2026; and funds obligated in fiscal year 2019 re10 main available for disbursement through 2027: Provided 11 further, That notwithstanding any other provision of law, 12 the Overseas Private Investment Corporation is authorized 13 to undertake any program authorized by title IV of chap14 ter 2 of part I of the Foreign Assistance Act of 1961 in 15 Iraq: Provided further, That funds made available pursu16 ant to the authority of the previous proviso shall be subject 17 to the regular notification procedures of the Committees 18 on Appropriations. 19 In addition, such sums as may be necessary for ad- 20 ministrative expenses to carry out the credit program may 21 be derived from amounts available for administrative ex22 penses to carry out the credit and insurance programs in 23 the Overseas Private Investment Corporation Noncredit 24 Account and merged with said account. •S 3117 PCS 65 1 2 TRADE AND DEVELOPMENT AGENCY For necessary expenses to carry out the provisions 3 of section 661 of the Foreign Assistance Act of 1961, 4 $80,700,000, to remain available until September 30, 5 2018: Provided, That of the funds appropriated under this 6 heading, not more than $5,000 may be available for rep7 resentation and entertainment expenses. •S 3117 PCS 66 1 TITLE VII 2 GENERAL PROVISIONS 3 ALLOWANCES AND DIFFERENTIALS 4 SEC. 7001. Funds appropriated under title I of this 5 Act shall be available, except as otherwise provided, for 6 allowances and differentials as authorized by subchapter 7 59 of title 5, United States Code; for services as author8 ized by section 3109 of such title and for hire of passenger 9 transportation pursuant to section 1343(b) of title 31, 10 United States Code. 11 12 UNOBLIGATED BALANCES REPORT SEC. 7002. Any department or agency of the United 13 States Government to which funds are appropriated or 14 otherwise made available by this Act shall provide to the 15 Committees on Appropriations a quarterly accounting of 16 cumulative unobligated balances and obligated, but unex17 pended, balances by program, project, and activity, and 18 Treasury Account Fund Symbol of all funds received by 19 such department or agency in fiscal year 2017 or any pre20 vious fiscal year, disaggregated by fiscal year: Provided, 21 That the report required by this section should specify by 22 account the amount of funds obligated pursuant to bilat23 eral agreements which have not been further sub-obli24 gated. •S 3117 PCS 67 1 2 CONSULTING SERVICES SEC. 7003. The expenditure of any appropriation 3 under title I of this Act for any consulting service through 4 procurement contract, pursuant to section 3109 of title 5 5, United States Code, shall be limited to those contracts 6 where such expenditures are a matter of public record and 7 available for public inspection, except where otherwise pro8 vided under existing law, or under existing Executive 9 Order issued pursuant to existing law. 10 11 12 DIPLOMATIC FACILITIES SEC. 7004. (a) CAPITAL SECURITY COST SHARING.—Of funds provided under title I of this Act, except 13 as provided in subsection (b), a project to construct a 14 United States diplomatic facility may not include office 15 space or other accommodations for an employee of a Fed16 eral department or agency if the Secretary of State deter17 mines and reports to the Committees on Appropriations 18 that such department or agency has not provided to the 19 Department of State the full amount of funding required 20 by subsection (e) of section 604 of the Secure Embassy 21 Construction and Counterterrorism Act of 1999 (as en22 acted into law by section 1000(a)(7) of Public Law 106– 23 113 and contained in appendix G of that Act; 113 Stat. 24 1501A–453), as amended by section 629 of the Depart25 ments of Commerce, Justice, and State, the Judiciary, and •S 3117 PCS 68 1 Related Agencies Appropriations Act, 2005: Provided, 2 That the Secretary of State shall promptly inform such 3 Committees of each instance in which a Federal depart4 ment or agency is delinquent in providing the full amount 5 of funding required by subsection (e) of section 604 of 6 such Act during a fiscal year. 7 (b) EXCEPTION.—Notwithstanding the prohibition in 8 subsection (a), a project to construct a United States dip9 lomatic facility may include office space or other accom10 modations for members of the United States Marine 11 Corps. 12 (c) NEW DIPLOMATIC FACILITIES.—For the pur- 13 poses of calculating the fiscal year 2017 costs of providing 14 new United States diplomatic facilities in accordance with 15 section 604(e) of the Secure Embassy Construction and 16 Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the 17 Secretary of State, in consultation with the Director of 18 the Office of Management and Budget, shall determine the 19 annual program level and agency shares in a manner that 20 is proportional to the contribution of the Department of 21 State for this purpose. 22 23 (d) CONSULTATION MENTS.—Funds AND NOTIFICATION REQUIRE- appropriated by this Act and prior Acts 24 making appropriations for the Department of State, for25 eign operations, and related programs, which may be made •S 3117 PCS 69 1 available for the acquisition of property or award of con2 struction contracts for overseas United States diplomatic 3 facilities during fiscal year 2017, shall be subject to prior 4 consultation with, and the regular notification procedures 5 of, the Committees on Appropriations: Provided, That no6 tifications pursuant to this subsection shall include the in7 formation enumerated under the heading ‘‘Embassy Secu8 rity, Construction, and Maintenance’’ in the report accom9 panying this Act: Provided further, That any such notifica10 tion for a new diplomatic facility justified to the Commit11 tees on Appropriations in Appendix 1 of the Congressional 12 Budget Justification, Department of State, Diplomatic 13 Engagement, Fiscal Year 2017, or not previously justified 14 to such Committees, shall also include confirmation that 15 the Department of State has completed the requisite value 16 engineering studies required pursuant to OMB Circular 17 A–131, Value Engineering December 31, 2013 and the 18 Bureau of Overseas Building Operations Policy and Pro19 cedure Directive, P&PD, Cost 02: Value Engineering. 20 (e) INTERIM AND TEMPORARY FACILITIES 21 ABROAD.— 22 (1) Funds appropriated by this Act under the 23 heading ‘‘Embassy Security, Construction, and 24 Maintenance’’ may be made available to address se- 25 curity vulnerabilities at interim and temporary •S 3117 PCS 70 1 United States diplomatic facilities abroad, including 2 physical security upgrades and local guard staffing, 3 except that the amount of funds made available for 4 such purposes from this Act and prior Acts making 5 appropriations for the Department of State, foreign 6 operations, and related programs shall be a min- 7 imum of $25,000,000: Provided, That the uses of 8 such funds should be the responsibility of the Assist- 9 ant Secretary for Diplomatic Security and Foreign 10 Missions, Department of State, in consultation with 11 the Director of the Bureau of Overseas Buildings 12 Operations, Department of State: Provided further, 13 That such funds shall be subject to prior consulta- 14 tion with the Committees on Appropriations. 15 (2) Notwithstanding any other provision of law, 16 the opening, closure, or any significant modification 17 to an interim or temporary United States diplomatic 18 facility shall be subject to prior consultation with the 19 appropriate congressional committees and the reg- 20 ular notification procedures of the Committees on 21 Appropriations, except that such consultation and 22 notification may be waived if there is a security risk 23 to personnel. 24 (f) TRANSFER OF FUNDS.—Funds appropriated 25 under the heading ‘‘Diplomatic and Consular Programs’’, •S 3117 PCS 71 1 including for Worldwide Security Protection, and under 2 the heading ‘‘Embassy Security, Construction, and Main3 tenance’’ in titles I and VIII of this Act may be trans4 ferred to, and merged with, funds appropriated by such 5 titles under such headings if the Secretary of State deter6 mines and reports to the Committees on Appropriations 7 that to do so is necessary to implement the recommenda8 tions of the Benghazi Accountability Review Board, or to 9 prevent or respond to security situations and require10 ments, following consultation with, and subject to the reg11 ular notification procedures of, such Committees: Pro12 vided, That such transfer authority is in addition to any 13 transfer authority otherwise available under any other pro14 vision of law. 15 (g) SOFT TARGETS.—Funds appropriated by this Act 16 and prior Acts making appropriations for the Department 17 of State, foreign operations, and related programs under 18 the heading ‘‘Embassy Security, Construction, and Main19 tenance’’ and made available for salary and benefit costs 20 for employees of the Bureau of Overseas Building Oper21 ations, Department of State, that remain unobligated 22 after the end of the fiscal year in which such funds were 23 appropriated shall be transferred to the Worldwide Secu24 rity Upgrades-Compound Security Program under such 25 heading for physical security upgrades of soft targets: Pro- •S 3117 PCS 72 1 vided, That such funds shall be in addition to funds other2 wise available for physical security upgrades of soft tar3 gets for fiscal years 2017 and 2018: Provided further, 4 That amounts made available pursuant to this paragraph 5 from prior Acts making appropriations for the Depart6 ment of State, foreign operations, and related programs 7 that were previously designated by the Congress for Over8 seas Contingency Operations/Global War on Terrorism 9 pursuant to section 251(b)(2)(A)(ii) of the Balanced 10 Budget and Emergency Deficit Control Act of 1985 are 11 designated by the Congress for Overseas Contingency Op12 erations/Global War on Terrorism pursuant to section 13 251(b)(2)(A)(ii) of such Act. 14 15 PERSONNEL ACTIONS SEC. 7005. Any costs incurred by a department or 16 agency funded under title I of this Act resulting from per17 sonnel actions taken in response to funding reductions in18 cluded in this Act shall be absorbed within the total budg19 etary resources available under title I to such department 20 or agency: Provided, That the authority to transfer funds 21 between appropriations accounts as may be necessary to 22 carry out this section is provided in addition to authorities 23 included elsewhere in this Act: Provided further, That use 24 of funds to carry out this section shall be treated as a 25 reprogramming of funds under section 7015 of this Act. •S 3117 PCS 73 1 2 LOCAL GUARD PROGRAMS SEC. 7006. (a) CONTRACTS.—In evaluating proposals 3 for local guard contracts, the Secretary of State shall 4 award contracts in accordance with section 136 of the 5 Foreign Relations Authorization Act, Fiscal Years 1990 6 and 1991 (22 U.S.C. 4864), except that the Secretary 7 may grant authorization to award such contracts on the 8 basis of best value as determined by a cost-technical trade9 off analysis (as described in Federal Acquisition Regula10 tion part 15.101), notwithstanding subsection (c)(3) of 11 such section: Provided, That the authority in this section 12 shall apply to any options for renewal that may be exer13 cised under such contracts that are awarded during the 14 current fiscal year. 15 (b) STRENGTHENING OVERSIGHT.—Of the funds ap- 16 propriated by this Act and prior Acts making appropria17 tions for the Department of State, foreign operations, and 18 related programs under the heading ‘‘Diplomatic and Con19 sular Programs’’ for Worldwide Security Protection, not 20 less than $8,500,000 shall be made available to strengthen 21 oversight of the local guard force at a critical post abroad 22 through the use of United States Government employees 23 or contractors, who are United States citizens: Provided, 24 That such funds are in addition to funds available by the 25 Act for such purposes: Provided further, That the annual •S 3117 PCS 74 1 operating costs associated with sustaining such oversight 2 in subsequent fiscal years shall be borne through the 3 International Cooperative Administrative Support Services 4 program: Provided further, That the Secretary of State 5 shall consult with the Committees on Appropriations prior 6 to the obligation of funds made available pursuant to this 7 subsection: Provided further, That amounts made available 8 pursuant to this paragraph from prior Acts making appro9 priations for the Department of State, foreign operations, 10 and related programs that were previously designated by 11 the Congress for Overseas Contingency Operations/Global 12 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 13 the Balanced Budget and Emergency Deficit Control Act 14 of 1985 are designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 16 section 251(b)(2)(A)(ii) of such Act. 17 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN 18 COUNTRIES 19 SEC. 7007. None of the funds appropriated or other- 20 wise made available pursuant to titles III through VI of 21 this Act shall be obligated or expended to finance directly 22 any assistance or reparations for the governments of 23 Cuba, North Korea, Iran, or Syria: Provided, That for 24 purposes of this section, the prohibition on obligations or •S 3117 PCS 75 1 expenditures shall include direct loans, credits, insurance, 2 and guarantees of the Export-Import Bank or its agents. ´TAT COUPS D’E 3 4 SEC. 7008. None of the funds appropriated or other- 5 wise made available pursuant to titles III through VI of 6 this Act shall be obligated or expended to finance directly 7 any assistance to the government of any country whose 8 duly elected head of government is deposed by military 9 coup d’e´tat or decree or, after the date of enactment of 10 this Act, a coup d’e´tat or decree in which the military 11 plays a decisive role: Provided, That assistance may be re12 sumed to such government if the Secretary of State cer13 tifies and reports to the appropriate congressional commit14 tees that subsequent to the termination of assistance a 15 democratically elected government has taken office: Pro16 vided further, That the provisions of this section shall not 17 apply to assistance to promote democratic elections or 18 public participation in democratic processes: Provided fur19 ther, That funds made available pursuant to the previous 20 provisos shall be subject to the regular notification proce21 dures of the Committees on Appropriations. 22 23 24 TRANSFER OF FUNDS SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING BOARD OF GOVERNORS.— •S 3117 PCS 76 1 (1) Not to exceed 5 percent of any appropria- 2 tion made available for the current fiscal year for 3 the Department of State under title I of this Act 4 may be transferred between, and merged with, such 5 appropriations, but no such appropriation, except as 6 otherwise specifically provided, shall be increased by 7 more than 10 percent by any such transfers, and no 8 such transfer may be made to increase the appro- 9 priation under the heading ‘‘Representation Ex- 10 penses’’. 11 (2) Not to exceed 5 percent of any appropria- 12 tion made available for the current fiscal year for 13 the Broadcasting Board of Governors under title I 14 of this Act may be transferred between, and merged 15 with, such appropriations, but no such appropria- 16 tion, except as otherwise specifically provided, shall 17 be increased by more than 10 percent by any such 18 transfers. 19 (3) Any transfer pursuant to this subsection 20 shall be treated as a reprogramming of funds under 21 section 7015 of this Act and shall not be available 22 for obligation or expenditure except in compliance 23 with the procedures set forth in that section. 24 (b) TITLE VI TRANSFER OF FUNDS.—Not to exceed 25 5 percent of any appropriation other than for administra- •S 3117 PCS 77 1 tive expenses made available for fiscal year 2017, for pro2 grams under title VI of this Act may be transferred be3 tween such appropriations for use for any of the purposes, 4 programs, and activities for which the funds in such re5 ceiving account may be used, but no such appropriation, 6 except as otherwise specifically provided, shall be increased 7 by more than 25 percent by any such transfer: Provided, 8 That the exercise of such authority shall be subject to the 9 regular notification procedures of the Committees on Ap10 propriations. 11 12 (c) LIMITATION TWEEN ON TRANSFERS OF FUNDS BE- AGENCIES.— 13 (1) None of the funds made available under ti- 14 tles II through V of this Act may be transferred to 15 any department, agency, or instrumentality of the 16 United States Government, except pursuant to a 17 transfer made by, or transfer authority provided in, 18 this Act or any other appropriations Act. 19 (2) Notwithstanding paragraph (1), in addition 20 to transfers made by, or authorized elsewhere in, 21 this Act, funds appropriated by this Act to carry out 22 the purposes of the Foreign Assistance Act of 1961 23 may be allocated or transferred to agencies of the 24 United States Government pursuant to the provi- •S 3117 PCS 78 1 sions of sections 109, 610, and 632 of the Foreign 2 Assistance Act of 1961. 3 (3) Any agreement entered into by the United 4 States Agency for International Development or the 5 Department of State with any department, agency, 6 or instrumentality of the United States Government 7 pursuant to section 632(b) of the Foreign Assistance 8 Act of 1961 valued in excess of $1,000,000 and any 9 agreement made pursuant to section 632(a) of such 10 Act, with funds appropriated by this Act or prior 11 Acts making appropriations for the Department of 12 State, foreign operations, and related programs 13 under the headings ‘‘Global Health Programs’’, ‘‘De- 14 velopment Assistance’’, ‘‘Economic Support Fund’’, 15 and ‘‘Assistance for Europe, Eurasia and Central 16 Asia’’ shall be subject to the regular notification pro- 17 cedures of the Committees on Appropriations: Pro- 18 vided, That the requirement in the previous sentence 19 shall not apply to agreements entered into between 20 USAID and the Department of State. 21 (d) TRANSFER OF FUNDS.—None of the funds made 22 available under titles II through V of this Act may be obli23 gated under an appropriations account to which such 24 funds were not appropriated, except for transfers specifi25 cally provided for in this Act, unless the President, not •S 3117 PCS 79 1 less than 5 days prior to the exercise of any authority con2 tained in the Foreign Assistance Act of 1961 to transfer 3 funds, consults with and provides a written policy jus4 tification to the Committees on Appropriations. 5 (e) AUDIT OF INTER-AGENCY TRANSFERS OF 6 FUNDS.—Any agreement for the transfer or allocation of 7 funds appropriated by this Act or prior Acts making ap8 propriations for the Department of State, foreign oper9 ations and related programs, entered into between the De10 partment of State or USAID and another agency of the 11 United States Government under the authority of section 12 632(a) of the Foreign Assistance Act of 1961 or any com13 parable provision of law, shall expressly provide that the 14 Inspector General (IG) for the agency receiving the trans15 fer or allocation of such funds, or other entity with audit 16 responsibility if the receiving agency does not have an IG, 17 shall perform periodic program and financial audits of the 18 use of such funds and report to the Department of State 19 or USAID, as appropriate, upon completion of such au20 dits: Provided, That such audits shall be transmitted to 21 the Committees on Appropriations by the Department of 22 State or USAID, as appropriate: Provided further, That 23 funds transferred under such authority may be made 24 available for the cost of such audits. •S 3117 PCS 80 1 2 PROHIBITION ON FIRST-CLASS TRAVEL SEC. 7010. None of the funds made available in this 3 Act may be used for first-class travel by employees of de4 partments and agencies funded by this Act in contraven5 tion of sections 301–10.122 through 301–10.124 of title 6 41, Code of Federal Regulations. 7 8 AVAILABILITY OF FUNDS SEC. 7011. No part of any appropriation contained 9 in this Act shall remain available for obligation after the 10 expiration of the current fiscal year unless expressly so 11 provided by this Act: Provided, That funds appropriated 12 for the purposes of chapters 1 and 8 of part I, section 13 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 14 Assistance Act of 1961, section 23 of the Arms Export 15 Control Act, and funds provided under the headings ‘‘De16 velopment Credit Authority’’ and ‘‘Assistance for Europe, 17 Eurasia and Central Asia’’ shall remain available for an 18 additional 4 years from the date on which the availability 19 of such funds would otherwise have expired, if such funds 20 are initially obligated before the expiration of their respec21 tive periods of availability contained in this Act: Provided 22 further, That notwithstanding any other provision of this 23 Act, any funds made available for the purposes of chapter 24 1 of part I and chapter 4 of part II of the Foreign Assist25 ance Act of 1961 which are allocated or obligated for cash •S 3117 PCS 81 1 disbursements in order to address balance of payments or 2 economic policy reform objectives, shall remain available 3 for an additional 4 years from the date on which the avail4 ability of such funds would otherwise have expired, if such 5 funds are initially allocated or obligated before the expira6 tion of their respective periods of availability contained in 7 this Act: Provided further, That the Secretary of State 8 shall provide a report to the Committees on Appropria9 tions not later than October 30, 2017, detailing by ac10 count and source year, the use of this authority during 11 the previous fiscal year. 12 13 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT SEC. 7012. No part of any appropriation provided 14 under titles III through VI in this Act shall be used to 15 furnish assistance to the government of any country which 16 is in default during a period in excess of 1 calendar year 17 in payment to the United States of principal or interest 18 on any loan made to the government of such country by 19 the United States pursuant to a program for which funds 20 are appropriated under this Act unless the President de21 termines, following consultations with the Committees on 22 Appropriations, that assistance for such country is in the 23 national interest of the United States. •S 3117 PCS 82 1 PROHIBITION ON TAXATION OF UNITED STATES 2 ASSISTANCE 3 SEC. 7013. (a) PROHIBITION ON TAXATION.—None 4 of the funds appropriated under titles III through VI of 5 this Act may be made available to provide assistance for 6 a foreign country under a new bilateral agreement gov7 erning the terms and conditions under which such assist8 ance is to be provided unless such agreement includes a 9 provision stating that assistance provided by the United 10 States shall be exempt from taxation, or reimbursed, by 11 the foreign government, and the Secretary of State and 12 the Administrator of the United States Agency for Inter13 national Development shall expeditiously seek to negotiate 14 amendments to existing bilateral agreements, as nec15 essary, to conform with this requirement. 16 17 (b) NOTIFICATION EIGN AND REIMBURSEMENT OF FOR- TAXES.—An amount equivalent to 200 percent of 18 the total taxes assessed during fiscal year 2017 on funds 19 appropriated by this Act and prior Acts making appropria20 tions for the Department of State, foreign operations, and 21 related programs by a foreign government or entity 22 against United States assistance programs, either directly 23 or through grantees, contractors, and subcontractors shall 24 be withheld from obligation from funds appropriated for 25 assistance for fiscal year 2018 and for prior fiscal years •S 3117 PCS 83 1 and allocated for the central government of such country 2 or for the West Bank and Gaza program if, not later than 3 September 30, 2018, such taxes have not been reimbursed: 4 Provided, That the Secretary of State shall report to the 5 Committees on Appropriations by such date on the foreign 6 governments and entities that have not reimbursed such 7 taxes and the amount of funds withheld. 8 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 9 minimis nature shall not be subject to the provisions of 10 subsection (b). 11 (d) REPROGRAMMING OF FUNDS.—Funds withheld 12 from obligation for each foreign government or entity pur13 suant to subsection (b) shall be reprogrammed for assist14 ance for countries which do not assess taxes on United 15 States assistance or which have an effective arrangement 16 that is providing substantial reimbursement of such taxes, 17 and that can reasonably accommodate such assistance in 18 a programmatically responsible manner. 19 (e) DETERMINATIONS.— 20 (1) The provisions of this section shall not 21 apply to any foreign government or entity that as- 22 sesses such taxes if the Secretary of State reports to 23 the Committees on Appropriations that— •S 3117 PCS 84 1 (A) such foreign government or entity has 2 an effective arrangement that is providing sub- 3 stantial reimbursement of such taxes; or 4 (B) the foreign policy interests of the 5 United States outweigh the purpose of this sec- 6 tion to ensure that United States assistance is 7 not subject to taxation. 8 (2) The Secretary of State shall consult with 9 the Committees on Appropriations at least 15 days 10 prior to exercising the authority of this subsection 11 with regard to any country or entity. 12 (f) IMPLEMENTATION.—The Secretary of State shall 13 issue rules, regulations, or policy guidance, as appropriate, 14 to implement the prohibition against the taxation of assist15 ance contained in this section, and provide such rules, reg16 ulations, or policy guidance to the Committees on Appro17 priations. 18 (g) DEFINITIONS.—As used in this section— 19 (1) the term ‘‘bilateral agreement’’ refers to a 20 framework bilateral agreement between the Govern- 21 ment of the United States and the government of 22 the country receiving assistance that describes the 23 privileges and immunities applicable to United 24 States foreign assistance for such country generally, 25 or an individual agreement between the Government •S 3117 PCS 85 1 of the United States and such government that de- 2 scribes, among other things, the treatment for tax 3 purposes that will be accorded the United States as- 4 sistance provided under that agreement; and 5 (2) the term ‘‘taxes and taxation’’ shall include 6 value added taxes and customs duties but shall not 7 include individual income taxes assessed to local 8 staff. 9 (h) REPORT.—The Secretary of State, in consultation 10 with the heads of other relevant departments or agencies 11 of the United States Government, shall submit a report 12 to the Committees on Appropriations, not later than 90 13 days after the enactment of this Act, detailing steps taken 14 by such departments or agencies to comply with the re15 quirements of this section. 16 17 RESERVATIONS OF FUNDS SEC. 7014. (a) REPROGRAMMING.—Funds appro- 18 priated under titles III through VI of this Act which are 19 specifically designated may be reprogrammed for other 20 programs within the same account notwithstanding the 21 designation if compliance with the designation is made im22 possible by operation of any provision of this or any other 23 Act: Provided, That any such reprogramming shall be sub24 ject to the regular notification procedures of the Commit25 tees on Appropriations: Provided further, That assistance •S 3117 PCS 86 1 that is reprogrammed pursuant to this subsection shall be 2 made available under the same terms and conditions as 3 originally provided. 4 (b) EXTENSION OF AVAILABILITY.—In addition to 5 the authority contained in subsection (a), the original pe6 riod of availability of funds appropriated by this Act and 7 administered by the Department of State or the United 8 States Agency for International Development that are spe9 cifically designated for particular programs or activities by 10 this or any other Act may be extended for an additional 11 fiscal year if the Secretary of State or the USAID Admin12 istrator, as appropriate, determines and reports promptly 13 to the Committees on Appropriations that the termination 14 of assistance to a country or a significant change in cir15 cumstances makes it unlikely that such designated funds 16 can be obligated during the original period of availability: 17 Provided, That such designated funds that continue to be 18 available for an additional fiscal year shall be obligated 19 only for the purpose of such designation. 20 (c) OTHER ACTS.—Ceilings and specifically des- 21 ignated funding levels contained in this Act shall not be 22 applicable to funds or authorities appropriated or other23 wise made available by any subsequent Act unless such 24 Act specifically so directs: Provided, That specifically des25 ignated funding levels or minimum funding requirements •S 3117 PCS 87 1 contained in any other Act shall not be applicable to funds 2 appropriated by this Act. 3 4 5 NOTIFICATION REQUIREMENTS SEC. 7015. (a) NOTIFICATION GRAMS, PROJECTS, AND OF CHANGES IN PRO- ACTIVITIES.—None of the funds 6 made available in titles I and II of this Act or prior Acts 7 making appropriations for the Department of State, for8 eign operations, and related programs to the departments 9 and agencies funded by this Act that remain available for 10 obligation in fiscal year 2017, or provided from any ac11 counts in the Treasury of the United States derived by 12 the collection of fees or of currency reflows or other offset13 ting collections, or made available by transfer, to the de14 partments and agencies funded by this Act, shall be avail15 able for obligation to— 16 (1) create new programs; 17 (2) eliminate a program, project, or activity; 18 (3) close, suspend, open, or reopen a mission or 19 20 21 post; (4) create, close, reorganize, or rename bureaus, centers, or offices; or 22 (5) contract out or privatize any functions or 23 activities presently performed by Federal employees; •S 3117 PCS 88 1 unless previously justified to the Committees on Appro2 priations or such Committees are notified 15 days in ad3 vance of such obligation. 4 (b) NOTIFICATION OF REPROGRAMMING OF 5 FUNDS.—None of the funds provided under titles I and 6 II of this Act or prior Acts making appropriations for the 7 Department of State, foreign operations, and related pro8 grams, to the departments and agencies funded under ti9 tles I and II of this Act that remain available for obliga10 tion in fiscal year 2017, or provided from any accounts 11 in the Treasury of the United States derived by the collec12 tion of fees available to the department and agency funded 13 under title I of this Act, shall be available for obligation 14 or expenditure for activities, programs, or projects 15 through a reprogramming of funds in excess of 16 $1,000,000 or 10 percent, whichever is less, that— 17 18 (1) augments or changes existing programs, projects, or activities; 19 (2) relocates an existing office or employees; 20 (3) reduces by 10 percent funding for any exist- 21 ing program, project, or activity, or numbers of per- 22 sonnel by 10 percent as approved by Congress; or 23 (4) results from any general savings, including 24 savings from a reduction in personnel, which would •S 3117 PCS 89 1 result in a change in existing programs, activities, or 2 projects as approved by Congress; 3 unless the Committees on Appropriations are notified 15 4 days in advance of such reprogramming of funds. 5 (c) NOTIFICATION REQUIREMENT.—None of the 6 funds made available by this Act under the headings 7 ‘‘Global Health Programs’’, ‘‘Development Assistance’’, 8 ‘‘International Organizations and Programs’’, ‘‘Trade and 9 Development Agency’’, ‘‘International Narcotics Control 10 and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘De11 mocracy Fund’’, ‘‘Assistance for Europe, Eurasia and 12 Central Asia’’, ‘‘Peacekeeping Operations’’, ‘‘Non- 13 proliferation, Anti-terrorism, Demining and Related Pro14 grams’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign 15 Military Financing Program’’, ‘‘International Military 16 Education and Training’’, and ‘‘Peace Corps’’, shall be 17 available for obligation for activities, programs, projects, 18 type of materiel assistance, countries, or other operations 19 not justified or in excess of the amount justified to the 20 Committees on Appropriations for obligation under any of 21 these specific headings unless the Committees on Appro22 priations are notified 15 days in advance: Provided, That 23 the President shall not enter into any commitment of 24 funds appropriated for the purposes of section 23 of the 25 Arms Export Control Act for the provision of major de- •S 3117 PCS 90 1 fense equipment, other than conventional ammunition, or 2 other major defense items defined to be aircraft, ships, 3 missiles, or combat vehicles, not previously justified to 4 Congress or 20 percent in excess of the quantities justified 5 to Congress unless the Committees on Appropriations are 6 notified 15 days in advance of such commitment: Provided 7 further, That requirements of this subsection or any simi8 lar provision of this or any other Act shall not apply to 9 any reprogramming for an activity, program, or project 10 for which funds are appropriated under titles III through 11 VI of this Act of less than 10 percent of the amount pre12 viously justified to Congress for obligation for such activ13 ity, program, or project for the current fiscal year. 14 (d) NOTIFICATION OF TRANSFER OF FUNDS.—Not- 15 withstanding any other provision of law, with the excep16 tion of funds transferred to, and merged with, funds ap17 propriated under title I of this Act, funds transferred by 18 the Department of Defense to the Department of State 19 and the United States Agency for International Develop20 ment for assistance for foreign countries and international 21 organizations, and funds made available for programs pre22 viously authorized under section 1206 of the National De23 fense Authorization Act for Fiscal Year 2006 (Public Law 24 109–163) section 2282 of title 10, United States Code, 25 or any successor authorities, shall be subject to the regular •S 3117 PCS 91 1 notification procedures of the Committees on Appropria2 tions. 3 (e) WAIVER.—The requirements of this section or 4 any similar provision of this Act or any other Act, includ5 ing any prior Act requiring notification in accordance with 6 the regular notification procedures of the Committees on 7 Appropriations, may be waived if failure to do so would 8 pose a substantial risk to human health or welfare: Pro9 vided, That in case of any such waiver, notification to the 10 Committees on Appropriations shall be provided as early 11 as practicable, but in no event later than 3 days after tak12 ing the action to which such notification requirement was 13 applicable, in the context of the circumstances necessi14 tating such waiver: Provided further, That any notification 15 provided pursuant to such a waiver shall contain an expla16 nation of the emergency circumstances. 17 (f) COUNTRY NOTIFICATION REQUIREMENTS.—None 18 of the funds appropriated under titles III through VI of 19 this Act may be obligated or expended for assistance for 20 Afghanistan, Bahrain, Bolivia, Burma, Cambodia, Colom21 bia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Guate22 mala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mex23 ico, Pakistan, the Russian Federation, Somalia, South 24 Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, 25 Yemen, and Zimbabwe except as provided through the reg- •S 3117 PCS 92 1 ular notification procedures of the Committees on Appro2 priations. 3 (g) PROGRAM NOTIFICATION REQUIREMENTS.— 4 Funds appropriated by this Act that are made available 5 for the Counterterrorism Partnerships Fund and the 6 Power Africa initiative shall be subject to the regular noti7 fication procedures of the Committees on Appropriations. 8 9 (h) PILOT MENT.—Funds PROGRAM NOTIFICATION REQUIRE- appropriated under Title I of this Act 10 under the heading ‘‘Diplomatic and Consular Programs’’ 11 that are made available for a pilot program for lateral 12 entry into the Foreign Service, if authorized, shall be sub13 ject to prior consultation with, and the regular notification 14 procedures of, the Committees on Appropriations. 15 (i) WITHHOLDING OF FUNDS.—Funds appropriated 16 by this Act under titles III and IV that are withheld from 17 obligation or otherwise not programmed as a result of ap18 plication of a provision of law in this or any other Act 19 shall, if reprogrammed, be subject to the regular notifica20 tion procedures of the Committees on Appropriations. 21 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT 22 SEC. 7016. Prior to providing excess Department of 23 Defense articles in accordance with section 516(a) of the 24 Foreign Assistance Act of 1961, the Department of De25 fense shall notify the Committees on Appropriations to the •S 3117 PCS 93 1 same extent and under the same conditions as other com2 mittees pursuant to subsection (f) of that section: Pro3 vided, That before issuing a letter of offer to sell excess 4 defense articles under the Arms Export Control Act, the 5 Department of Defense shall notify the Committees on 6 Appropriations in accordance with the regular notification 7 procedures of such Committees if such defense articles are 8 significant military equipment (as defined in section 47(9) 9 of the Arms Export Control Act) or are valued (in terms 10 of original acquisition cost) at $7,000,000 or more, or if 11 notification is required elsewhere in this Act for the use 12 of appropriated funds for specific countries that would re13 ceive such excess defense articles: Provided further, That 14 such Committees shall also be informed of the original ac15 quisition cost of such defense articles. 16 LIMITATION ON AVAILABILITY OF FUNDS FOR 17 INTERNATIONAL ORGANIZATIONS AND PROGRAMS 18 SEC. 7017. Subject to the regular notification proce- 19 dures of the Committees on Appropriations, funds appro20 priated under titles I and III through V of this Act, which 21 are returned or not made available for organizations and 22 programs because of the implementation of section 307(a) 23 of the Foreign Assistance Act of 1961 or section 7048(a) 24 of this Act, shall remain available for obligation until Sep25 tember 30, 2019: Provided, That the requirement to with- •S 3117 PCS 94 1 hold funds for programs in Burma under section 307(a) 2 of the Foreign Assistance Act of 1961 shall not apply to 3 funds appropriated by this Act. 4 PROHIBITION ON FUNDING FOR ABORTIONS AND 5 INVOLUNTARY STERILIZATION 6 SEC. 7018. None of the funds made available to carry 7 out part I of the Foreign Assistance Act of 1961, as 8 amended, may be used to pay for the performance of abor9 tions as a method of family planning or to motivate or 10 coerce any person to practice abortions. None of the funds 11 made available to carry out part I of the Foreign Assist12 ance Act of 1961, as amended, may be used to pay for 13 the performance of involuntary sterilization as a method 14 of family planning or to coerce or provide any financial 15 incentive to any person to undergo sterilizations. None of 16 the funds made available to carry out part I of the Foreign 17 Assistance Act of 1961, as amended, may be used to pay 18 for any biomedical research which relates in whole or in 19 part, to methods of, or the performance of, abortions or 20 involuntary sterilization as a means of family planning. 21 None of the funds made available to carry out part I of 22 the Foreign Assistance Act of 1961, as amended, may be 23 obligated or expended for any country or organization if 24 the President certifies that the use of these funds by any 25 such country or organization would violate any of the •S 3117 PCS 95 1 above provisions related to abortions and involuntary steri2 lizations. 3 4 ALLOCATIONS SEC. 7019. (a) ALLOCATION TABLES.—Subject to 5 subsection (b), funds appropriated by this Act under titles 6 III through V shall be made available in the amounts spe7 cifically designated in the respective tables included in the 8 report accompanying this Act: Provided, That such des9 ignated amounts for foreign countries and international 10 organizations shall serve as the amounts for such coun11 tries and international organizations transmitted to Con12 gress in the report required by section 653(a) of the For13 eign Assistance Act of 1961. 14 (b) AUTHORIZED DEVIATIONS.—Unless otherwise 15 provided for by this Act, the Secretary of State and the 16 Administrator of the United States Agency for Inter17 national Development, as applicable, may only deviate up 18 to 10 percent from the amounts specifically designated in 19 the respective tables included in the report accompanying 20 this Act: Provided, That such percentage may be exceeded 21 only to respond to significant, exigent, or unforeseen 22 events, or to address other exceptional circumstances di23 rectly related to the national interest: Provided further, 24 That deviations pursuant to the previous proviso shall be •S 3117 PCS 96 1 subject to prior consultation with, and the regular notifica2 tion procedures of, the Committees on Appropriations. 3 (c) LIMITATION.—For specifically designated 4 amounts that are included, pursuant to subsection (a), in 5 the report required by section 653(a) of the Foreign As6 sistance Act of 1961, no deviations authorized by sub7 section (b) may take place until submission of such report. 8 9 REPRESENTATION AND ENTERTAINMENT EXPENSES SEC. 7020. (a) USES OF FUNDS.—Each Federal de- 10 partment, agency, or entity funded in titles I or II of this 11 Act, and the Department of the Treasury and independent 12 agencies funded in titles III or VI of this Act, shall take 13 steps to ensure that domestic and overseas representation 14 and entertainment expenses further official agency busi15 ness and United States foreign policy interests— 16 17 18 19 (1) are primarily for fostering relations outside of the Executive Branch; (2) are principally for meals and events of a protocol nature; 20 (3) are not for employee-only events; and 21 (4) do not include activities that are substan- 22 tially of a recreational character. 23 (b) LIMITATIONS.—None of the funds appropriated 24 or otherwise made available by this Act under the head25 ings ‘‘International Military Education and Training’’ or •S 3117 PCS 97 1 ‘‘Foreign Military Financing Program’’ for Informational 2 Program activities or under the headings ‘‘Global Health 3 Programs’’, ‘‘Development Assistance’’, ‘‘Economic Sup4 port Fund’’, and ‘‘Assistance for Europe, Eurasia and 5 Central Asia’’ may be obligated or expended to pay for— 6 (1) alcoholic beverages; or 7 (2) entertainment expenses for activities that 8 are substantially of a recreational character, includ- 9 ing but not limited to entrance fees at sporting 10 events, theatrical and musical productions, and 11 amusement parks. 12 PROHIBITION ON ASSISTANCE TO GOVERNMENTS 13 SUPPORTING INTERNATIONAL TERRORISM 14 15 SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EXPORTS.— 16 (1) PROHIBITION.—None of the funds appro- 17 priated or otherwise made available by titles III 18 through VI of this Act may be made available to any 19 foreign government which provides lethal military 20 equipment to a country the government of which the 21 Secretary of State has determined supports inter- 22 national terrorism for purposes of section 6(j) of the 23 Export Administration Act of 1979 as continued in 24 effect pursuant to the International Emergency Eco- 25 nomic Powers Act: Provided, That the prohibition •S 3117 PCS 98 1 under this section with respect to a foreign govern- 2 ment shall terminate 12 months after that govern- 3 ment ceases to provide such military equipment: 4 Provided further, That this section applies with re- 5 spect to lethal military equipment provided under a 6 contract entered into after October 1, 1997. 7 (2) DETERMINATION.—Assistance restricted by 8 paragraph (1) or any other similar provision of law, 9 may be furnished if the President determines that to 10 do so is important to the national interest of the 11 United States. 12 (3) REPORT.—Whenever the President makes a 13 determination pursuant to paragraph (2), the Presi- 14 dent shall submit to the Committees on Appropria- 15 tions a report with respect to the furnishing of such 16 assistance, including a detailed explanation of the 17 assistance to be provided, the estimated dollar 18 amount of such assistance, and an explanation of 19 how the assistance furthers United States national 20 interest. 21 (b) BILATERAL ASSISTANCE.— 22 (1) LIMITATIONS.—Funds appropriated for bi- 23 lateral assistance in titles III through VI of this Act 24 and funds appropriated under any such title in prior 25 Acts making appropriations for the Department of •S 3117 PCS 99 1 State, foreign operations, and related programs, 2 shall not be made available to any foreign govern- 3 ment which the President determines— 4 (A) grants sanctuary from prosecution to 5 any individual or group which has committed 6 an act of international terrorism; 7 8 (B) otherwise supports international terrorism; or 9 (C) is controlled by an organization des- 10 ignated as a terrorist organization under sec- 11 tion 219 of the Immigration and Nationality 12 Act (8 U.S.C. 1189). 13 (2) WAIVER.—The President may waive the ap- 14 plication of paragraph (1) to a government if the 15 President determines that national security or hu- 16 manitarian reasons justify such waiver: Provided, 17 That the President shall publish each such waiver in 18 the Federal Register and, at least 15 days before the 19 waiver takes effect, shall notify the Committees on 20 Appropriations of the waiver (including the justifica- 21 tion for the waiver) in accordance with the regular 22 notification procedures of the Committees on Appro- 23 priations. •S 3117 PCS 100 1 2 AUTHORIZATION REQUIREMENTS SEC. 7022. Funds appropriated by this Act, except 3 funds appropriated under the heading ‘‘Trade and Devel4 opment Agency’’, may be obligated and expended notwith5 standing section 10 of Public Law 91–672 (22 U.S.C. 6 2412), section 15 of the State Department Basic Authori7 ties Act of 1956, section 313 of the Foreign Relations Au8 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 9 6212), and section 504(a)(1) of the National Security Act 10 of 1947 (50 U.S.C. 3094(a)(1)). 11 12 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY SEC. 7023. For the purpose of titles II through VI 13 of this Act ‘‘program, project, and activity’’ shall be de14 fined at the appropriations Act account level and shall in15 clude all appropriations and authorizations Acts funding 16 directives, ceilings, and limitations with the exception that 17 for the following accounts: ‘‘Economic Support Fund’’, 18 ‘‘Assistance for Europe, Eurasia and Central Asia’’, and 19 ‘‘Foreign Military Financing Program’’, ‘‘program, 20 project, and activity’’ shall also be considered to include 21 country, regional, and central program level funding with22 in each such account; and for the development assistance 23 accounts of the United States Agency for International 24 Development, ‘‘program, project, and activity’’ shall also •S 3117 PCS 101 1 be considered to include central, country, regional, and 2 program level funding, either as— 3 (1) justified to Congress; or 4 (2) allocated by the Executive Branch in ac- 5 cordance with a report, to be provided to the Com- 6 mittees on Appropriations within 30 days of the en- 7 actment of this Act, as required by section 653(a) 8 of the Foreign Assistance Act of 1961 or as modi- 9 fied pursuant to section 7019 of this Act. 10 11 NEAR EAST AND AFRICA RELIEF AND RECOVERY FUND SEC. 7024. (a) APPROPRIATION.—Of the funds ap- 12 propriated by this Act under the heading ‘‘Economic Sup13 port Fund’’, not less than $25,000,000 shall be made 14 available for assistance for areas liberated from, or under 15 the influence of, extremist organizations in and around the 16 Near East and Africa regions: Provided, That such funds 17 are in addition to amounts otherwise available for such 18 purposes: Provided further, That such funds shall be con19 sidered to be the ‘‘Near East and Africa Relief and Recov20 ery Fund’’. 21 (b) AVAILABILITY.—Funds made available pursuant 22 to subsection (a) may be made available notwithstanding 23 any other provision of law, except section 7018 of this Act 24 and section 620M of the Foreign Assistance Act of 1961: 25 Provided, That such funds shall be made available, to the •S 3117 PCS 102 1 maximum extent practicable, on a cost-matching basis 2 from sources other than the United States Government, 3 except that no such funds may be made available for the 4 costs of significant infrastructure projects: Provided fur5 ther, That such funds made available for assistance for 6 Iraq may only be made available with the concurrence of 7 the Chief of Mission in Iraq. 8 (c) PURPOSES.—Funds made available pursuant to 9 subsection (a) shall be made available for programs that 10 address basic needs in the Near East and Africa regions, 11 including— 12 (1) food, water and sanitation; 13 (2) rule of law and governance, including for 14 countering extremism, transitional justice, and rec- 15 onciliation programs; 16 (3) relief efforts related to refugees, internally 17 displaced persons, and other vulnerable individuals; 18 (4) electricity; 19 (5) healthcare; 20 (6) economic and agricultural development; 21 (7) education, including vocational training; and 22 (8) transportation. 23 (d) TRANSFER OF FUNDS.—Funds made available 24 pursuant to subsection (a) may be transferred to, and 25 merged with, with funds appropriated by this Act under •S 3117 PCS 103 1 the headings ‘‘International Narcotics Control and Law 2 Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 3 Demining and Related Programs’’, ‘‘Peacekeeping Oper4 ations’’, and ‘‘Foreign Military Financing Program’’ for 5 assistance for countries in the Near East and Africa re6 gions, following consultation with, and subject to the reg7 ular notification procedures of, the Committees on Appro8 priations. 9 10 (e) SPEND MENTS.—Prior PLAN AND OVERSIGHT REQUIRE- to the obligation of funds made available 11 pursuant to subsection (a), the Secretary of State shall— 12 13 (1) submit a spend plan to the Committees on Appropriations; and 14 (2) take all practicable steps to ensure that 15 mechanisms are in place for monitoring, oversight, 16 and control of such funds: Provided, That the Sec- 17 retary shall promptly inform the appropriate con- 18 gressional committees of each instance in which a 19 significant amount of assistance provided pursuant 20 to this subsection has been misappropriated, to in- 21 clude the type and amount of assistance, a descrip- 22 tion of the incident and parties involved, and an ex- 23 planation of the response of the Department of 24 State. •S 3117 PCS 104 1 (f) NOTIFICATION REQUIREMENT.—Funds made 2 available pursuant to subsection (a) shall be subject to the 3 regular notification procedures of the Committees on Ap4 propriations. 5 COMMERCE, TRADE AND SURPLUS COMMODITIES 6 SEC. 7025. (a) WORLD MARKETS.—None of the 7 funds appropriated or made available pursuant to titles 8 III through VI of this Act for direct assistance and none 9 of the funds otherwise made available to the Export-Im10 port Bank and the Overseas Private Investment Corpora11 tion shall be obligated or expended to finance any loan, 12 any assistance, or any other financial commitments for es13 tablishing or expanding production of any commodity for 14 export by any country other than the United States, if 15 the commodity is likely to be in surplus on world markets 16 at the time the resulting productive capacity is expected 17 to become operative and if the assistance will cause sub18 stantial injury to United States producers of the same, 19 similar, or competing commodity: Provided, That such 20 prohibition shall not apply to the Export-Import Bank if 21 in the judgment of its Board of Directors the benefits to 22 industry and employment in the United States are likely 23 to outweigh the injury to United States producers of the 24 same, similar, or competing commodity, and the Chairman 25 of the Board so notifies the Committees on Appropria- •S 3117 PCS 105 1 tions: Provided further, That this subsection shall not pro2 hibit— 3 (1) activities in a country that is eligible for as- 4 sistance from the International Development Asso- 5 ciation, is not eligible for assistance from the Inter- 6 national Bank for Reconstruction and Development, 7 and does not export on a consistent basis the agri- 8 cultural commodity with respect to which assistance 9 is furnished; or 10 (2) activities in a country the President deter- 11 mines is recovering from widespread conflict, a hu- 12 manitarian crisis, or a complex emergency. 13 (b) EXPORTS.—None of the funds appropriated by 14 this or any other Act to carry out chapter 1 of part I 15 of the Foreign Assistance Act of 1961 shall be available 16 for any testing or breeding feasibility study, variety im17 provement or introduction, consultancy, publication, con18 ference, or training in connection with the growth or pro19 duction in a foreign country of an agricultural commodity 20 for export which would compete with a similar commodity 21 grown or produced in the United States: Provided, That 22 this subsection shall not prohibit— 23 (1) activities designed to increase food security 24 in developing countries where such activities will not •S 3117 PCS 106 1 have a significant impact on the export of agricul- 2 tural commodities of the United States; 3 4 (2) research activities intended primarily to benefit United States producers; 5 (3) activities in a country that is eligible for as- 6 sistance from the International Development Asso- 7 ciation, is not eligible for assistance from the Inter- 8 national Bank for Reconstruction and Development, 9 and does not export on a consistent basis the agri- 10 cultural commodity with respect to which assistance 11 is furnished; or 12 (4) activities in a country the President deter- 13 mines is recovering from widespread conflict, a hu- 14 manitarian crisis, or a complex emergency. 15 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.— 16 The Secretary of the Treasury shall instruct the United 17 States executive directors of the international financial in18 stitutions, as defined in section 7034(r)(3) of this Act, to 19 use the voice and vote of the United States to oppose any 20 assistance by such institutions, using funds appropriated 21 or made available by this Act, for the production or extrac22 tion of any commodity or mineral for export, if it is in 23 surplus on world markets and if the assistance will cause 24 substantial injury to United States producers of the same, 25 similar, or competing commodity. •S 3117 PCS 107 1 2 SEPARATE ACCOUNTS SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL 3 CURRENCIES.— 4 (1) AGREEMENTS.—If assistance is furnished to 5 the government of a foreign country under chapters 6 1 and 10 of part I or chapter 4 of part II of the 7 Foreign Assistance Act of 1961 under agreements 8 which result in the generation of local currencies of 9 that country, the Administrator of the United States 10 Agency for International Development shall— 11 (A) require that local currencies be depos- 12 ited in a separate account established by that 13 government; 14 15 (B) enter into an agreement with that government which sets forth— 16 (i) the amount of the local currencies 17 to be generated; and 18 (ii) the terms and conditions under 19 which the currencies so deposited may be 20 utilized, consistent with this section; and 21 (C) establish by agreement with that gov- 22 ernment the responsibilities of USAID and that 23 government to monitor and account for deposits 24 into and disbursements from the separate ac- 25 count. •S 3117 PCS 108 1 (2) USES OF LOCAL CURRENCIES.—As may be 2 agreed upon with the foreign government, local cur- 3 rencies deposited in a separate account pursuant to 4 subsection (a), or an equivalent amount of local cur- 5 rencies, shall be used only— 6 (A) to carry out chapter 1 or 10 of part 7 I or chapter 4 of part II of the Foreign Assist- 8 ance Act of 1961 (as the case may be), for such 9 purposes as— 10 (i) project and sector assistance activi- 11 ties; or 12 (ii) debt and deficit financing; or 13 (B) for the administrative requirements of 14 the United States Government. 15 (3) PROGRAMMING ACCOUNTABILITY.—USAID 16 shall take all necessary steps to ensure that the 17 equivalent of the local currencies disbursed pursuant 18 to subsection (a)(2)(A) from the separate account 19 established pursuant to subsection (a)(1) are used 20 for the purposes agreed upon pursuant to subsection 21 (a)(2). 22 (4) TERMINATION OF ASSISTANCE PRO- 23 GRAMS.—Upon 24 try under chapter 1 or 10 of part I or chapter 4 of 25 part II of the Foreign Assistance Act of 1961 (as •S 3117 PCS termination of assistance to a coun- 109 1 the case may be), any unencumbered balances of 2 funds which remain in a separate account estab- 3 lished pursuant to subsection (a) shall be disposed of 4 for such purposes as may be agreed to by the gov- 5 ernment of that country and the United States Gov- 6 ernment. 7 (5) REPORTING REQUIREMENT.—The USAID 8 Administrator shall report on an annual basis as 9 part of the justification documents submitted to the 10 Committees on Appropriations on the use of local 11 currencies for the administrative requirements of the 12 United States Government as authorized in sub- 13 section (a)(2)(B), and such report shall include the 14 amount of local currency (and United States dollar 15 equivalent) used or to be used for such purpose in 16 each applicable country. 17 (b) SEPARATE ACCOUNTS 18 (1) IN GENERAL.—If FOR CASH TRANSFERS.— assistance is made avail- 19 able to the government of a foreign country, under 20 chapter 1 or 10 of part I or chapter 4 of part II of 21 the Foreign Assistance Act of 1961, as cash transfer 22 assistance or as nonproject sector assistance, that 23 country shall be required to maintain such funds in 24 a separate account and not commingle with any 25 other funds. •S 3117 PCS 110 1 (2) APPLICABILITY OF OTHER PROVISIONS OF 2 LAW.—Such 3 notwithstanding provisions of law which are incon- 4 sistent with the nature of this assistance including 5 provisions which are referenced in the Joint Explan- 6 atory Statement of the Committee of Conference ac- 7 companying House Joint Resolution 648 (House Re- 8 port No. 98–1159). funds may be obligated and expended 9 (3) NOTIFICATION.—At least 15 days prior to 10 obligating any such cash transfer or nonproject sec- 11 tor assistance, the President shall submit a notifica- 12 tion through the regular notification procedures of 13 the Committees on Appropriations, which shall in- 14 clude a detailed description of how the funds pro- 15 posed to be made available will be used, with a dis- 16 cussion of the United States interests that will be 17 served by the assistance (including, as appropriate, 18 a description of the economic policy reforms that will 19 be promoted by such assistance). 20 (4) EXEMPTION.—Nonproject sector assistance 21 funds may be exempt from the requirements of para- 22 graph (1) only through the regular notification pro- 23 cedures of the Committees on Appropriations. •S 3117 PCS 111 1 2 3 ELIGIBILITY FOR ASSISTANCE SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS.—Restrictions contained in this 4 or any other Act with respect to assistance for a country 5 shall not be construed to restrict assistance in support of 6 programs of nongovernmental organizations from funds 7 appropriated by this Act to carry out the provisions of 8 chapters 1, 10, 11, and 12 of part I and chapter 4 of 9 part II of the Foreign Assistance Act of 1961 and from 10 funds appropriated under the heading ‘‘Assistance for Eu11 rope, Eurasia and Central Asia’’: Provided, That before 12 using the authority of this subsection to furnish assistance 13 in support of programs of nongovernmental organizations, 14 the President shall notify the Committees on Appropria15 tions pursuant to the regular notification procedures, in16 cluding a description of the program to be assisted, the 17 assistance to be provided, and the reasons for furnishing 18 such assistance: Provided further, That nothing in this 19 subsection shall be construed to alter any existing statu20 tory prohibitions against abortion or involuntary steriliza21 tions contained in this or any other Act. 22 (b) PUBLIC LAW 480.—During fiscal year 2017, re- 23 strictions contained in this or any other Act with respect 24 to assistance for a country shall not be construed to re25 strict assistance under the Food for Peace Act (Public •S 3117 PCS 112 1 Law 83–480): Provided, That none of the funds appro2 priated to carry out title I of such Act and made available 3 pursuant to this subsection may be obligated or expended 4 except as provided through the regular notification proce5 dures of the Committees on Appropriations. 6 (c) EXCEPTION.—This section shall not apply— 7 (1) with respect to section 620A of the Foreign 8 Assistance Act of 1961 or any comparable provision 9 of law prohibiting assistance to countries that sup- 10 port international terrorism; or 11 (2) with respect to section 116 of the Foreign 12 Assistance Act of 1961 or any comparable provision 13 of law prohibiting assistance to the government of a 14 country that violates internationally recognized 15 human rights. 16 17 LOCAL COMPETITION SEC. 7028. (a) REQUIREMENTS 18 COMPETITION FOR FOR EXCEPTIONS TO LOCAL ENTITIES.—Funds appro- 19 priated by this Act that are made available to the United 20 States Agency for International Development may only be 21 made available for limited competitions through local enti22 ties if— 23 24 (1) prior to the determination to limit competition to local entities, USAID has— •S 3117 PCS 113 1 (A) assessed the level of local capacity to 2 effectively implement, manage, and account for 3 programs included in such competition; and 4 (B) documented the written results of the 5 assessment and decisions made; and 6 (2) prior to making an award after limiting 7 competition to local entities— 8 (A) each successful local entity has been 9 determined to be responsible in accordance with 10 USAID guidelines; and 11 (B) effective monitoring and evaluation 12 systems are in place to ensure that award fund- 13 ing is used for its intended purposes; and 14 (3) no level of acceptable fraud is assumed. 15 (b) REPORTING REQUIREMENT.—In addition to the 16 requirements of subsection (a)(1), the USAID Adminis17 trator shall report, on an annual basis, to the appropriate 18 congressional committees on all awards subject to limited 19 or no competition for local entities: Provided, That such 20 report should be posted on the USAID Web site: Provided 21 further, That the requirements of this subsection shall only 22 apply to awards in excess of $3,000,000 and sole source 23 awards to local entities in excess of $2,000,000. 24 (c) EXTENSION OF PROCUREMENT AUTHORITY.— 25 Section 7077 of the Department of State, Foreign Oper- •S 3117 PCS 114 1 ations, and Related Programs Appropriations Act, 2012 2 (division I of Public Law 112–74), as amended, shall con3 tinue in effect during fiscal year 2017. 4 5 INTERNATIONAL FINANCIAL INSTITUTIONS SEC. 7029. (a) EVALUATIONS AND REPORT.—The 6 Secretary of the Treasury shall instruct the United States 7 executive director of each international financial institu8 tion to seek to require that such institution adopts and 9 implements a publicly available policy, including the stra10 tegic use of peer reviews and external experts, to conduct 11 independent, in-depth evaluations of the effectiveness of 12 at least 35 percent of all loans, grants, programs, and sig13 nificant analytical non-lending activities in advancing the 14 institution’s goals of reducing poverty and promoting equi15 table economic growth, consistent with relevant safe16 guards, to ensure that decisions to support such loans, 17 grants, programs, and activities are based on accurate 18 data and objective analysis: Provided, That not later than 19 45 days after enactment of this Act, the Secretary shall 20 submit a report to the Committees on Appropriations on 21 steps taken by the United States executive directors and 22 the international financial institutions consistent with this 23 subsection. 24 (b) SAFEGUARDS.— •S 3117 PCS 115 1 (1) The Secretary of the Treasury shall instruct 2 the United States Executive Director of the Inter- 3 national Bank for Reconstruction and Development 4 and the International Development Association to 5 vote against any loan, grant, policy, or strategy if 6 such institution has adopted and is implementing 7 any social or environmental safeguard relevant to 8 such loan, grant, policy, or strategy that provides 9 less protection than World Bank safeguards in effect 10 on September 30, 2015. 11 (2) The Secretary of the Treasury should in- 12 struct the United States executive director of each 13 international financial institution to vote against 14 loans or other financing for projects unless such 15 projects— 16 (A) provide for accountability and trans- 17 parency, including the collection, verification 18 and publication of beneficial ownership informa- 19 tion related to extractive industries and on-site 20 monitoring during the life of the project; 21 (B) will be developed and carried out in ac- 22 cordance with best practices regarding environ- 23 mental conservation; cultural protection; and 24 empowerment of local populations, including •S 3117 PCS 116 1 free, prior and informed consent of affected in- 2 digenous communities; 3 (C) do not provide incentives for, or facili- 4 tate, forced displacement; and 5 (D) do not partner with or otherwise in- 6 volve enterprises owned or controlled by the 7 armed forces. 8 (c) COMPENSATION.—None of the funds appro- 9 priated under title V of this Act may be made as payment 10 to any international financial institution while the United 11 States executive director to such institution is com12 pensated by the institution at a rate which, together with 13 whatever compensation such executive director receives 14 from the United States, is in excess of the rate provided 15 for an individual occupying a position at level IV of the 16 Executive Schedule under section 5315 of title 5, United 17 States Code, or while any alternate United States execu18 tive director to such institution is compensated by the in19 stitution at a rate in excess of the rate provided for an 20 individual occupying a position at level V of the Executive 21 Schedule under section 5316 of title 5, United States 22 Code. 23 (d) HUMAN RIGHTS.—The Secretary of the Treasury 24 shall instruct the United States executive director of each 25 international financial institution to seek to require that •S 3117 PCS 117 1 such institution conducts rigorous human rights due dili2 gence and risk management, as appropriate, in connection 3 with any loan, grant, policy, or strategy of such institu4 tion: Provided, That prior to voting on any such loan, 5 grant, policy, or strategy the executive director shall con6 sult with the Assistant Secretary for Democracy, Human 7 Rights, and Labor, Department of State, if the executive 8 director has reason to believe that such loan, grant, policy, 9 or strategy could result in forced displacement or other 10 violation of human rights. 11 (e) FRAUD AND CORRUPTION.—The Secretary of the 12 Treasury shall instruct the United States executive direc13 tor of each international financial institution to promote 14 in loan, grant, and other financing agreements improve15 ments in borrowing countries’ financial management and 16 judicial capacity to investigate, prosecute, and punish 17 fraud and corruption. 18 (f) BENEFICIAL OWNERSHIP INFORMATION.—The 19 Secretary of the Treasury shall instruct the United States 20 executive director of each international financial institu21 tion to seek to require that such institution collects, 22 verifies, and publishes, to the maximum extent practicable, 23 beneficial ownership information (excluding proprietary 24 information) for any corporation or limited liability com25 pany, other than a publicly listed company, that receives •S 3117 PCS 118 1 funds from any such financial institution: Provided, That 2 not later than 45 days after enactment of this Act, the 3 Secretary shall submit a report to the Committees on Ap4 propriations on steps taken by the United States executive 5 directors and the international financial institutions con6 sistent with this subsection. 7 (g) WHISTLEBLOWER PROTECTIONS.—The Secretary 8 of the Treasury shall instruct the United States executive 9 director of each international financial institution to seek 10 to require that each such institution is effectively imple11 menting and enforcing policies and procedures which re12 flect best practices for the protection of whistleblowers 13 from retaliation, including best practices for— 14 15 (1) protection against retaliation for internal and lawful public disclosure; 16 (2) legal burdens of proof; 17 (3) statutes of limitation for reporting retalia- 18 19 20 21 22 tion; (4) access to independent adjudicative bodies, including external arbitration; and (5) results that eliminate the effects of proven retaliation. 23 24 DEBT-FOR-DEVELOPMENT SEC. 7030. In order to enhance the continued partici- 25 pation of nongovernmental organizations in debt-for-devel- •S 3117 PCS 119 1 opment and debt-for-nature exchanges, a nongovern2 mental organization which is a grantee or contractor of 3 the United States Agency for International Development 4 may place in interest bearing accounts local currencies 5 which accrue to that organization as a result of economic 6 assistance provided under title III of this Act and, subject 7 to the regular notification procedures of the Committees 8 on Appropriations, any interest earned on such investment 9 shall be used for the purpose for which the assistance was 10 provided to that organization. 11 12 13 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY SEC. 7031. (a) LIMITATION MENT-TO-GOVERNMENT ON DIRECT GOVERN- ASSISTANCE.— 14 (1) REQUIREMENTS.—Funds appropriated by 15 this Act may be made available for direct govern- 16 ment-to-government assistance only if— 17 (A)(i) each implementing agency or min- 18 istry to receive assistance has been assessed 19 and is considered to have the systems required 20 to manage such assistance and any identified 21 vulnerabilities or weaknesses of such agency or 22 ministry have been addressed; 23 (ii) the recipient agency or ministry em- 24 ploys and utilizes staff with the necessary tech- 25 nical, financial, and management capabilities; •S 3117 PCS 120 1 (iii) the recipient agency or ministry has 2 adopted competitive procurement policies and 3 systems; 4 (iv) effective monitoring and evaluation 5 systems are in place to ensure that such assist- 6 ance is used for its intended purposes; 7 8 (v) no level of acceptable fraud is assumed; and 9 (vi) the government of the recipient coun- 10 try is taking steps to publicly disclose on an an- 11 nual basis its national budget, to include in- 12 come and expenditures; 13 (B) the recipient government is in compli- 14 ance with the principles set forth in section 15 7013 of this Act; 16 (C) the recipient agency or ministry is not 17 headed or controlled by an organization des- 18 ignated as a foreign terrorist organization 19 under section 219 of the Immigration and Na- 20 tionality Act (8 U.S.C. 1189); 21 (D) the Government of the United States 22 and the government of the recipient country 23 have agreed, in writing, on clear and achievable 24 objectives for the use of such assistance, which •S 3117 PCS 121 1 should be made available on a cost-reimbursable 2 basis; and 3 (E) the recipient government is taking 4 steps to protect the rights of civil society, in- 5 cluding freedoms of expression, association, and 6 assembly. 7 (2) CONSULTATION AND NOTIFICATION.—In 8 addition to the requirements in paragraph (1), no 9 funds may be made available for direct government- 10 to-government assistance without prior consultation 11 with, and notification of, the Committees on Appro- 12 priations: Provided, That such notification shall con- 13 tain an explanation of how the proposed activity 14 meets the requirements of paragraph (1): Provided 15 further, That the requirements of this paragraph 16 shall only apply to direct government-to-government 17 assistance in excess of $10,000,000 and all funds 18 available for cash transfer, budget support, and cash 19 payments to individuals. 20 (3) SUSPENSION OF ASSISTANCE.—The Admin- 21 istrator of the United States Agency for Inter- 22 national Development or the Secretary of State, as 23 appropriate, shall suspend any direct government-to- 24 government assistance if the Administrator or the 25 Secretary has credible information of material mis- •S 3117 PCS 122 1 use of such assistance, unless the Administrator or 2 the Secretary reports to the Committees on Appro- 3 priations that it is in the national interest of the 4 United States to continue such assistance, including 5 a justification, or that such misuse has been appro- 6 priately addressed. 7 (4) SUBMISSION OF INFORMATION.—The Sec- 8 retary of State shall submit to the Committees on 9 Appropriations, concurrent with the fiscal year 2018 10 congressional budget justification materials, amounts 11 planned for assistance described in paragraph (1) by 12 country, proposed funding amount, source of funds, 13 and type of assistance. 14 (5) REPORT.—Not later than 90 days after the 15 enactment of this Act and 6 months thereafter until 16 September 30, 2017, the USAID Administrator 17 shall submit to the Committees on Appropriations a 18 report that— 19 (A) details all assistance described in para- 20 graph (1) provided during the previous 6-month 21 period by country, funding amount, source of 22 funds, and type of such assistance; and 23 (B) the type of procurement instrument or 24 mechanism utilized and whether the assistance 25 was provided on a reimbursable basis. •S 3117 PCS 123 1 (6) DEBT SERVICE PAYMENT PROHIBITION.— 2 None of the funds made available by this Act may 3 be used by the government of any foreign country 4 for debt service payments owed by any country to 5 any international financial institution: Provided, 6 That for purposes of this paragraph, the term 7 ‘‘international financial institution’’ has the meaning 8 given the term in section 7034(r)(3) of this Act. 9 (b) NATIONAL BUDGET 10 PARENCY.— 11 (1) MINIMUM AND CONTRACT TRANS- REQUIREMENTS OF FISCAL 12 TRANSPARENCY.—The 13 tinue to update and strengthen the ‘‘minimum re- 14 quirements of fiscal transparency’’ for each govern- 15 ment receiving assistance appropriated by this Act, 16 as identified in the report required by section 17 7031(b) of the Department of State, Foreign Oper- 18 ations, and Related Programs Appropriations Act, 19 2014 (division K of Public Law 113–76). Secretary of State shall con- 20 (2) DEFINITION.—For purposes of paragraph 21 (1), ‘‘minimum requirements of fiscal transparency’’ 22 are requirements consistent with those in subsection 23 (a)(1), and the public disclosure of national budget 24 documentation (to include receipts and expenditures 25 by ministry) and government contracts and licenses •S 3117 PCS 124 1 for natural resource extraction (to include bidding 2 and concession allocation practices). 3 (3) DETERMINATION AND REPORT.—For each 4 government identified pursuant to paragraph (1), 5 the Secretary of State, not later than 180 days after 6 enactment of this Act, shall make or update any de- 7 termination of ‘‘significant progress’’ or ‘‘no signifi- 8 cant progress’’ in meeting the minimum require- 9 ments of fiscal transparency, and make such deter- 10 minations publicly available in an annual ‘‘Fiscal 11 Transparency Report’’ to be posted on the Depart- 12 ment of State Web site: Provided, That the Sec- 13 retary shall identify the significant progress made by 14 each such government to publicly disclose national 15 budget documentation, contracts, and licenses which 16 are additional to such information disclosed in pre- 17 vious fiscal years, and include specific recommenda- 18 tions of short- and long-term steps such government 19 should take to improve fiscal transparency: Provided 20 further, That the annual report shall include a de- 21 tailed description of how funds appropriated by this 22 Act are being used to improve fiscal transparency, 23 and identify benchmarks for measuring progress. 24 (4) ASSISTANCE.—Funds appropriated under 25 title III of this Act shall be made available for pro- •S 3117 PCS 125 1 grams and activities to assist governments identified 2 pursuant to paragraph (1) to improve budget trans- 3 parency and to support civil society organizations in 4 such countries that promote budget transparency: 5 Provided, That such sums shall be in addition to 6 funds otherwise available for such purposes: Pro- 7 vided further, That a description of the uses of such 8 funds shall be included in the annual ‘‘Fiscal Trans- 9 parency Report’’ required by paragraph (3). 10 (c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— 11 (1)(A) INELIGIBILITY.—Officials of foreign gov- 12 ernments and their immediate family members about 13 whom the Secretary of State has credible informa- 14 tion have been involved in significant corruption, in- 15 cluding corruption related to the extraction of nat- 16 ural resources, or a gross violation of human rights 17 shall be ineligible for entry into the United States. 18 (B) The Secretary shall also publicly or pri- 19 vately designate or identify officials of foreign gov- 20 ernments and their immediate family members about 21 whom the Secretary has such credible information 22 without regard to whether the individual has applied 23 for a visa. 24 (2) EXCEPTION.—Individuals shall not be ineli- 25 gible if entry into the United States would further •S 3117 PCS 126 1 important United States law enforcement objectives 2 or is necessary to permit the United States to fulfill 3 its obligations under the United Nations Head- 4 quarters Agreement: Provided, That nothing in 5 paragraph (1) shall be construed to derogate from 6 United States Government obligations under applica- 7 ble international agreements. 8 (3) WAIVER.—The Secretary may waive the ap- 9 plication of paragraph (1) if the Secretary deter- 10 mines that the waiver would serve a compelling na- 11 tional interest or that the circumstances which 12 caused the individual to be ineligible have changed 13 sufficiently. 14 (4) REPORT.—Not later than 6 months after 15 enactment of this Act, the Secretary of State shall 16 submit a report, including a classified annex if nec- 17 essary, to the Committees on Appropriations and the 18 Committees on the Judiciary describing the informa- 19 tion related to corruption or violation of human 20 rights concerning each of the individuals found ineli- 21 gible in the previous 12 months pursuant to para- 22 graph (1)(A) as well as the individuals who the Sec- 23 retary designated or identified pursuant to para- 24 graph (1)(B), or who would be ineligible but for the 25 application of paragraph (2), a list of any waivers •S 3117 PCS 127 1 provided under paragraph (3), and the justification 2 for each waiver. 3 (5) POSTING OF REPORT.—Any unclassified 4 portion of the report required under paragraph (4) 5 shall be posted on the Department of State Web 6 site. 7 (6) CLARIFICATION.—For purposes of para- 8 graphs (1)(B), (4), and (5), the records of the De- 9 partment of State and of diplomatic and consular of- 10 fices of the United States pertaining to the issuance 11 or refusal of visas or permits to enter the United 12 States shall not be considered confidential. 13 (d) NETWORKS OF CORRUPTION.—If the Secretary 14 of State has credible information of networks of corruption 15 involving the direct or indirect participation of, or support 16 from, a foreign official in a country that receives assist17 ance funded by this Act or prior Acts making appropria18 tions for the Department of State, foreign operations, and 19 related programs, the Secretary shall submit a report to 20 the appropriate congressional committees describing such 21 networks, which shall include the information required 22 under the ‘‘Economic Support Fund’’ heading in the re23 port accompanying this Act. 24 (e) EXTRACTION OF NATURAL RESOURCES.— •S 3117 PCS 128 1 (1) ASSISTANCE.—Funds appropriated by this 2 Act shall be made available to promote and support 3 transparency and accountability of expenditures and 4 revenues related to the extraction of natural re- 5 sources, including by strengthening implementation 6 and monitoring of the Extractive Industries Trans- 7 parency Initiative, implementing and enforcing sec- 8 tion 8204 of the Food, Conservation, and Energy 9 Act of 2008 (Public Law 110–246; 122 Stat. 2052) 10 and to prevent the sale of conflict diamonds, and 11 provide technical assistance to promote independent 12 audit mechanisms and support civil society partici- 13 pation in natural resource management. 14 (2) UNITED STATES POLICY.— 15 (A) The Secretary of the Treasury shall in- 16 form the management of the international fi- 17 nancial institutions, and post on the Depart- 18 ment of the Treasury Web site, that it is the 19 policy of the United States to vote against any 20 assistance by such institutions (including any 21 loan, credit, grant, or guarantee) to any coun- 22 try for the extraction and export of a natural 23 resource if the government of such country has 24 in place laws, regulations, or procedures to pre- 25 vent or limit the public disclosure of company •S 3117 PCS 129 1 payments as required by United States law, and 2 unless such government has adopted laws, regu- 3 lations, or procedures in the sector in which as- 4 sistance is being considered for— 5 (i) accurately accounting for and pub- 6 lic disclosure of payments to the host gov- 7 ernment by companies involved in the ex- 8 traction and export of natural resources; 9 (ii) the independent auditing of ac- 10 counts receiving such payments and public 11 disclosure of the findings of such audits; 12 and 13 (iii) public disclosure of such docu- 14 ments as Host Government Agreements, 15 Concession Agreements, and bidding docu- 16 ments, allowing in any such dissemination 17 or disclosure for the redaction of, or excep- 18 tions for, information that is commercially 19 proprietary or that would create competi- 20 tive disadvantage. 21 (B) The requirements of subparagraph (A) 22 shall not apply to assistance for the purpose of 23 building the capacity of such government to 24 meet the requirements of this subparagraph. •S 3117 PCS 130 1 (f) FOREIGN ASSISTANCE WEB SITE.—Funds appro- 2 priated by this Act under titles I and II, and funds made 3 available for any independent agency in title III, as appro4 priate, shall be made available to support the provision 5 of additional information on United States Government 6 foreign assistance on the Department of State foreign as7 sistance Web site: Provided, That all Federal agencies 8 funded under this Act shall provide such information on 9 foreign assistance, upon request, to the Department of 10 State. 11 12 DEMOCRACY PROGRAMS SEC. 7032. (a) FUNDING.—Of the funds appro- 13 priated by this Act under the headings ‘‘Development As14 sistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Eu15 rope, Eurasia and Central Asia’’, and ‘‘International Nar16 cotics Control and Law Enforcement’’, not less than 17 $2,576,000,000 shall be made available for democracy 18 programs, of which amounts shall be allocated as fol19 lows— 20 (1) not less than $339,325,000 for Africa, of 21 which not less than $33,000,000 shall be made 22 available for democracy programs for Cameroon, 23 Chad, Niger, and Nigeria, following consultation 24 with the Committees on Appropriations; •S 3117 PCS 131 1 2 3 4 (2) not less than $148,808,000 for the East Asia and Pacific region; (3) not less than $232,292,000 for Europe and Eurasia; 5 (4) not less than $429,515,000 for the Near 6 East region, of which not less than $32,000,000 7 shall be made available for the Near East Regional 8 Democracy program and not less than $55,000,000 9 shall be made available for democracy programs for 10 Iraq under the heading ‘‘Economic Support Fund’’; 11 (5) not less than $777,443,000 for South and 12 13 14 15 Central Asia; (6) not less than $577,545,000 for the Western Hemisphere; and (7) not less than $71,072,000 for global pro- 16 grams. 17 (b) AUTHORITIES.— 18 (1) Funds made available by this Act for de- 19 mocracy programs may be made available notwith- 20 standing any other provision of law, and with regard 21 to the National Endowment for Democracy (NED), 22 any regulation. 23 (2) Funds appropriated by this Act under the 24 heading ‘‘Democracy Fund’’ may be made available 25 notwithstanding section 7015 of this Act for rapid •S 3117 PCS 132 1 response assistance if the Secretary of State or 2 USAID Administrator, as appropriate, submits a re- 3 port to the Committees on Appropriations at least 5 4 days in advance of the obligation of such funds de- 5 tailing the circumstances requiring such a response. 6 (c) DEFINITION OF DEMOCRACY PROGRAMS.—For 7 purposes of funds appropriated by this Act, the term ‘‘de8 mocracy programs’’ means programs that support good 9 governance, credible and competitive elections, freedom of 10 expression, association, assembly, and religion, human 11 rights, labor rights, independent media, and the rule of 12 law, and that otherwise strengthen the capacity of demo13 cratic political parties, governments, nongovernmental or14 ganizations and institutions, and citizens to support the 15 development of democratic states, and institutions that are 16 responsive and accountable to citizens. 17 (d) RESTRICTION ON PRIOR APPROVAL.—With re- 18 spect to the provision of assistance for democracy pro19 grams in this Act, the organizations implementing such 20 assistance, the specific nature of that assistance, and the 21 participants in such programs shall not be subject to the 22 prior approval by the government of any foreign country: 23 Provided, That the Secretary of State, in coordination 24 with the USAID Administrator, shall report to the Com25 mittees on Appropriations, not later than 120 days after •S 3117 PCS 133 1 enactment of this Act, detailing steps taken by the Depart2 ment of State and USAID to comply with the require3 ments of this subsection. 4 (e) CONTINUATION OF CURRENT PRACTICES.— 5 USAID shall continue to implement civil society and polit6 ical competition and consensus building programs abroad 7 with funds appropriated by this Act in a manner that rec8 ognizes the unique benefits of grants and cooperative 9 agreements in implementing such programs: Provided, 10 That nothing in this paragraph shall be construed to af11 fect the ability of any entity, including United States small 12 businesses, from competing for proposals for USAID13 funded civil society and political competition and con14 sensus building programs. 15 (f) COUNTRY STRATEGY STRATEGIC REVIEWS.— 16 Prior to the obligation of funds made available by this Act 17 for Department of State and USAID democracy programs 18 for a nondemocratic or democratic transitioning country 19 for which a country strategy has been concluded after the 20 date of enactment of this Act, as required by section 21 2111(c)(1) of the ADVANCE Democracy Act of 2007 22 (title XXI of Public Law 110–53; 22 U.S.C. 8211) or 23 similar provision of law or regulation, the Under Secretary 24 for Civilian Security, Democracy and Human Rights, De25 partment of State, in consultation with the Assistant Sec- •S 3117 PCS 134 1 retary for Democracy, Human Rights, and Labor, Depart2 ment of State, and the Assistant Administrator for De3 mocracy, Conflict, and Humanitarian Assistance, USAID, 4 shall review such strategy to ensure that it includes— 5 (1) specific goals and objectives for such pro- 6 gram, including a specific plan and timeline to meas- 7 ure impacts; 8 (2) an assessment of the risks associated with 9 the conduct of such program to intended bene- 10 ficiaries and implementers, including steps to sup- 11 port and protect such individuals; and 12 (3) the funding requirements to initiate and 13 sustain such program in fiscal year 2017 and subse- 14 quent fiscal years, as appropriate: 15 Provided, That for the purposes of this paragraph, the 16 term ‘‘nondemocratic or democratic transitioning country’’ 17 shall have the same meaning as in section 2104(6) of Pub18 lic Law 110–53. 19 20 21 (g) CONSULTATION AND COMMUNICATION REQUIRE- MENTS.— (1) COUNTRY ALLOCATIONS.—The Deputy Sec- 22 retary for Management and Resources, Department 23 of State, shall consult with the Under Secretary for 24 Civilian Security, Democracy and Human Rights, 25 Department of State, and the Assistant Adminis- •S 3117 PCS 135 1 trator for Democracy, Conflict, and Humanitarian 2 Assistance, USAID, on the proposed funding levels 3 for democracy programs by country in the report 4 submitted to Congress pursuant to section 653(a) of 5 the Foreign Assistance Act of 1961. 6 (2) INFORMING THE NATIONAL ENDOWMENT 7 FOR DEMOCRACY.—The 8 mocracy, Human Rights, and Labor, Department of 9 State, and the Assistant Administrator for Democ- Assistant Secretary for De- 10 racy, 11 USAID, shall regularly inform the National Endow- 12 ment for Democracy of democracy programs that 13 are planned and supported by funds made available 14 by this Act and prior Acts making appropriations 15 for the Department of State, foreign operations, and 16 related programs. 17 (h) TRANSPARENCY.—The USAID Administrator Conflict, and Humanitarian Assistance, 18 shall publish on the USAID Web site the justification for 19 the choice of instrument for each democracy, human 20 rights, and governance program funded by this Act: Pro21 vided, That the requirement of this paragraph shall only 22 apply to an award exceeding $1,000,000. 23 INTERNATIONAL RELIGIOUS FREEDOM 24 25 SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREEDOM OFFICE •S 3117 PCS AND SPECIAL ENVOY TO PROMOTE RELI- 136 1 GIOUS FREEDOM.—Of the funds appropriated by this Act 2 under the heading ‘‘Diplomatic and Consular Programs’’, 3 not less than $8,000,000 shall be made available for the 4 Office of International Religious Freedom, Bureau of De5 mocracy, Human Rights, and Labor, Department of 6 State, of which not less than $6,000,000 shall be made 7 available for the Office of the Ambassador-at-Large for 8 International Religious Freedom, and not less than 9 $2,000,000 shall be made available for the Special Envoy 10 to Promote Religious Freedom of Religious Minorities in 11 the Near East and South Central Asia, as authorized in 12 the Near East and South Central Asia Religious Freedom 13 Act of 2014 (Public Law 113–161), including for support 14 staff. 15 16 (b) ASSISTANCE.— (1) INTERNATIONAL RELIGIOUS FREEDOM PRO- 17 GRAMS.—Of 18 under the heading ‘‘Democracy Fund’’ and available 19 for the Human Rights and Democracy Fund 20 (HRDF), not less than $10,000,000 shall be made 21 available for international religious freedom pro- 22 grams: Provided, That the Ambassador-at-Large for 23 International Religious Freedom shall consult with 24 the Committees on Appropriations on the uses of 25 such funds. •S 3117 PCS the funds appropriated by this Act 137 1 (2) PROTECTION AND INVESTIGATION PRO- 2 GRAMS.—Of 3 under the heading ‘‘Economic Support Fund’’, not 4 less than $10,000,000 shall be made available for 5 programs to protect vulnerable and persecuted reli- 6 gious minorities: Provided, That a portion of such 7 funds shall be made available for programs to inves- 8 tigate the persecution of such minorities by govern- 9 ments and non-state actors and for the public dis- 10 semination of information collected on such persecu- 11 tion, including on the Department of State Web site. 12 the funds appropriated by this Act (3) TRANSITIONAL JUSTICE, RECONCILIATION, 13 AND REINTEGRATION PROGRAMS IN THE MIDDLE 14 EAST AND NORTH AFRICA REGIONS.— 15 (A) Not later than 90 days after enact- 16 ment of this Act and after consultation with rel- 17 evant central governments in the Middle East 18 and North Africa regions, the Secretary of 19 State shall submit to the Committees on Appro- 20 priations a plan for transitional justice, rec- 21 onciliation, and reintegration programs for vul- 22 nerable and persecuted religious minorities in 23 such regions: Provided, That such plan shall in- 24 clude a description of actions to be taken by 25 such governments to safeguard and promote the •S 3117 PCS 138 1 political and economic rights of such minorities, 2 including the return, rehabilitation, and protec- 3 tion of property in areas of conflict. 4 (B) Of the funds appropriated by this Act 5 under the heading ‘‘Economic Support Fund’’ 6 that are made available for assistance for Iraq 7 and Syria, not less than $5,000,000 shall be 8 made available to support the implementation 9 of the plan required by subparagraph (A): Pro- 10 vided, That such funds shall be matched, to the 11 maximum extent practicable, from sources other 12 than the United States Government. 13 (4) HUMANITARIAN PROGRAMS.—Funds appro- 14 priated by this Act under the headings ‘‘Inter- 15 national Disaster Assistance’’ and ‘‘Migration and 16 Refugee Assistance’’ shall be made available for hu- 17 manitarian assistance for vulnerable and persecuted 18 religious minorities who have been impacted by a 19 man-made or natural disaster, including conflict 20 caused by extremist organizations. 21 (5) RESPONSIBILITY OF FUNDS.—Funds made 22 available by paragraphs (1), (2), and (3) shall be the 23 responsibility of the Ambassador-at-Large for Inter- 24 national Religious Freedom, in consultation with 25 other relevant United States Government officials. •S 3117 PCS 139 1 (c) INTERNATIONAL BROADCASTING.—Funds appro- 2 priated by this Act under the heading ‘‘Broadcasting 3 Board of Governors, International Broadcasting Oper4 ations’’ shall be made available for programs related to 5 international religious freedom, including reporting on the 6 condition of vulnerable and persecuted religious groups. 7 (d) ATROCITIES PREVENTION FUND.—Of the funds 8 appropriated by this Act under the headings ‘‘Economic 9 Support Fund’’ and ‘‘International Narcotics Control and 10 Law Enforcement’’, not less than $25,000,000 shall be 11 made available for programs to prevent atrocities and to 12 implement the recommendations of the Atrocities Preven13 tion Board, including with respect to the evaluation re14 quired by section 7033(d) of the Department of State, 15 Foreign Operations, and Related Programs Appropria16 tions Act, 2016 (division K of Public Law 113–114): Pro17 vided, That the uses of such funds shall be the responsi18 bility of the Under Secretary for Civilian Security, Democ19 racy, and Human Rights, Department of State: Provided 20 further, That such funds shall be subject to the regular 21 notification procedures of the Committees on Appropria22 tions. 23 (e) DESIGNATION OF NON-STATE ACTORS.—The 24 President shall, concurrent with the annual foreign coun25 try review required by section 402(b)(1) of the Inter- •S 3117 PCS 140 1 national Religious Freedom Act of 1998 (22 U.S.C. 2 6442(b)(1)), review and identify any non-state actors in 3 such countries that have engaged in particularly severe 4 violations of religious freedom, and designate, in a manner 5 consistent with such Act, each such group as a non-state 6 actor of particular concern for religious freedom operating 7 in such reviewed country or surrounding region: Provided, 8 That whenever the President designates such a non-state 9 actor under this subsection, the President shall, as soon 10 as practicable after the designation is made, submit a re11 port to the appropriate congressional committees detailing 12 the reasons for such designation. 13 14 15 SPECIAL PROVISIONS SEC. 7034. (a) VICTIMS DREN, AND OF WAR, DISPLACED CHIL- DISPLACED BURMESE.—Funds appropriated 16 in titles III and VI of this Act that are made available 17 for victims of war, displaced children, displaced Burmese, 18 and to combat trafficking in persons and assist victims 19 of such trafficking, may be made available notwith20 standing any other provision of law. 21 22 (b) LAW ENFORCEMENT AND SECURITY.— (1) CHILD SOLDIERS.—Funds appropriated by 23 this Act should not be used to support any military 24 training or operations that include child soldiers. •S 3117 PCS 141 1 (2) CROWD CONTROL ITEMS.—Funds appro- 2 priated by this Act should not be used for tear gas, 3 small arms, light weapons, ammunition, or other 4 items for crowd control purposes for foreign security 5 forces that use excessive force to repress peaceful ex- 6 pression, association, or assembly in countries un- 7 dergoing democratic transition. 8 (3) DISARMAMENT, DEMOBILIZATION, AND RE- 9 INTEGRATION.—Section 7034(d) of the Department 10 of State, Foreign Operations, and Related Programs 11 Appropriations Act, 2015 (division J of Public Law 12 113–235) shall continue in effect during fiscal year 13 2017. 14 (4) FORENSIC ASSISTANCE.—Of the funds ap- 15 propriated by this Act under the heading ‘‘Economic 16 Support Fund’’, not less than $9,000,000 shall be 17 made available for forensic anthropology assistance 18 related to the exhumation of mass graves and the 19 identification of victims of war crimes and crimes 20 against humanity, including in Iraq, Guatemala, and 21 Sri Lanka, which shall be administered by the As- 22 sistant Secretary for Democracy, Human Rights, 23 and Labor, Department of State. 24 25 (5) WOMEN’S PARTICIPATION TRAINING AND EDUCATION.—The •S 3117 PCS IN MILITARY Secretary of State 142 1 shall instruct the Chief of Mission in each country 2 for which funds appropriated by this Act under the 3 heading ‘‘International Military Education and 4 Training’’ are made available to work with the gov- 5 ernment of such country to increase the participa- 6 tion of women in programs supported with such 7 funds, with the goal of doubling female participation 8 in such programs globally by September 30, 2019. 9 (6) INTERNATIONAL PRISON CONDITIONS.— 10 Section 7065 of the Department of State, Foreign 11 Operations, and Related Programs Appropriations 12 Act, 2015 (division J of Public Law 113–235) shall 13 continue in effect during fiscal year 2017. 14 (7) RECONSTITUTING CIVILIAN POLICE AU- 15 THORITY.—In 16 propriated by this Act under section 660(b)(6) of 17 the Foreign Assistance Act of 1961, support for a 18 nation emerging from instability may be deemed to 19 mean support for regional, district, municipal, or 20 other sub-national entity emerging from instability, 21 as well as a nation emerging from instability. 22 providing assistance with funds ap- (8) SECURITY ASSISTANCE REPORT.—Not later 23 than 120 days after enactment of this Act, the Sec- 24 retary of State shall submit to the Committees on 25 Appropriations a report on funds obligated and ex- •S 3117 PCS 143 1 pended during fiscal year 2016, by country and pur- 2 pose of assistance, under the headings ‘‘Peace- 3 keeping Operations’’, ‘‘International Military Edu- 4 cation and Training’’, and ‘‘Foreign Military Fi- 5 nancing Program’’. 6 (9) VETTING REPORT.— 7 (A) Not later than 90 days after enact- 8 ment of this Act, the Secretary of State shall 9 submit a report to the appropriate congres- 10 sional committees on foreign assistance cases 11 submitted for vetting for purposes of section 12 620M of the Foreign Assistance Act of 1961 13 during the preceding fiscal year, including— 14 (i) the total number of cases sub- 15 mitted, approved, suspended, or rejected 16 for human rights reasons; and 17 (ii) for cases rejected, a description of 18 the steps taken to assist the foreign gov- 19 ernment in taking effective measures to 20 bring the responsible members of the secu- 21 rity forces to justice, in accordance with 22 section 620M(c) of the Foreign Assistance 23 Act of 1961. •S 3117 PCS 144 1 (B) The report required by this paragraph 2 shall be submitted in unclassified form, but may 3 be accompanied by a classified annex. 4 (10) ANNUAL FOREIGN MILITARY TRAINING RE- 5 PORT.—For 6 656 of the Foreign Assistance Act of 1961, the term 7 ‘‘military training provided to foreign military per- 8 sonnel by the Department of Defense and the De- 9 partment of State’’ shall be deemed to include all 10 military training provided by foreign governments 11 with funds appropriated to the Department of De- 12 fense or the Department of State, except for train- 13 ing provided by the government of a country des- 14 ignated by section 517(b) of such Act as a major 15 non-NATO ally. 16 the purposes of implementing section (11) PROLIFERATION SECURITY INITIATIVE.— 17 Funds appropriated by this Act under the heading 18 ‘‘Foreign Military Financing Program’’ may only be 19 made available to countries that have demonstrated 20 a commitment to stop the proliferation of weapons 21 of mass destruction through participating in the 22 Proliferation Security Initiative (PSI) and endorsing 23 the PSI Statement of Interdiction Principles: Pro- 24 vided, That the Secretary of State may waive the re- 25 quirement of this paragraph on a country-by-country •S 3117 PCS 145 1 basis if the Secretary determines and reports to the 2 Committees on Appropriations that to do so is in the 3 national interest, and submits a justification to such 4 Committees for each such waiver on such basis. 5 (c) WORLD FOOD PROGRAMME.—Funds managed by 6 the Bureau for Democracy, Conflict, and Humanitarian 7 Assistance, United States Agency for International Devel8 opment, from this or any other Act, may be made available 9 as a general contribution to the World Food Programme, 10 notwithstanding any other provision of law. 11 12 (d) DIRECTIVES AND AUTHORITIES.— (1) RESEARCH AND TRAINING.—Funds appro- 13 priated by this Act under the heading ‘‘Assistance 14 for Europe, Eurasia and Central Asia’’ shall be 15 made available to carry out the Program for Re- 16 search and Training on Eastern Europe and the 17 Independent States of the Former Soviet Union as 18 authorized by the Soviet-Eastern European Research 19 and Training Act of 1983 (22 U.S.C. 4501 et seq.). 20 (2) GENOCIDE VICTIMS MEMORIAL SITES.— 21 Funds appropriated by this Act and prior Acts mak- 22 ing appropriations for the Department of State, for- 23 eign operations, and related programs under the 24 headings ‘‘Economic Support Fund’’ and ‘‘Assist- 25 ance for Europe, Eurasia and Central Asia’’ may be •S 3117 PCS 146 1 made available as contributions to establish and 2 maintain memorial sites of genocide, subject to the 3 regular notification procedures of the Committees on 4 Appropriations. 5 (3) ADDITIONAL AUTHORITIES.—Of the 6 amounts made available by title I of this Act under 7 the heading ‘‘Diplomatic and Consular Programs’’, 8 up to $500,000 may be made available for grants 9 pursuant to section 504 of Public Law 95–426 (22 10 U.S.C. 2656d), including to facilitate collaboration 11 with indigenous communities, and up to $1,000,000 12 may be made available for grants to carry out the 13 activities of the Cultural Antiquities Task Force. 14 (4) AUTHORITY.—The USAID Administrator 15 may use funds appropriated by this Act under title 16 III to make innovation incentive awards: Provided, 17 That 18 $100,000: Provided further, That no more than 10 19 such awards may be made during fiscal year 2017: 20 Provided further, That for purposes of this para- 21 graph the term ‘‘innovation incentive award’’ means 22 the provision of funding on a competitive basis 23 that— •S 3117 PCS each individual award may not exceed 147 1 (A) encourages and rewards the develop- 2 ment of solutions for a particular, well-defined 3 problem related to the alleviation of poverty; or 4 (B) helps identify and promote a broad 5 range of ideas and practices facilitating further 6 development of an idea or practice by third par- 7 ties. 8 (5) AUTHORITIES 9 FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND UNITED STATES 10 AFRICAN DEVELOPMENT FOUNDATION.—Unless 11 pressly provided to the contrary, provisions of this or 12 any other Act, including provisions contained in 13 prior Acts authorizing or making appropriations for 14 the Department of State, foreign operations, and re- 15 lated programs, shall not be construed to prohibit 16 activities authorized by or conducted under the 17 Peace Corps Act, the Inter-American Foundation 18 Act or the African Development Foundation Act: 19 Provided, That prior to conducting activities in a 20 country for which assistance is prohibited, the agen- 21 cy shall consult with the Committees on Appropria- 22 tions and report to such Committees within 15 days 23 of taking such action. 24 (e) PARTNER VETTING.—Funds appropriated by this ex- 25 Act or in titles I through IV of prior Acts making appro- •S 3117 PCS 148 1 priations for the Department of State, foreign operations, 2 and related programs may be used by the Secretary of 3 State and the USAID Administrator, as appropriate, to 4 support the continued implementation of the Partner Vet5 ting System (PVS) pilot program: Provided, That the Sec6 retary of State and USAID Administrator may initiate a 7 partner vetting program to meet unanticipated security re8 quirements, or to make significant modifications to any 9 such existing program, only following consultation with 10 the Committees on Appropriations: Provided further, That 11 the first through the third provisos of section 7034(e) of 12 the Department of State, Foreign Operations, and Related 13 Programs Appropriations Act, 2016 (division K of Public 14 Law 114–113) shall continue in effect during fiscal year 15 2017: Provided further, That the Secretary of State and 16 the USAID Administrator shall continue to provide a di17 rect vetting option for prime awardees. 18 (f) CONTINGENCIES.—During fiscal year 2017, the 19 President may use up to $125,000,000 under the author20 ity of section 451 of the Foreign Assistance Act of 1961, 21 notwithstanding any other provision of law. 22 (g) INTERNATIONAL CHILD ABDUCTIONS.—The Sec- 23 retary of State should withhold funds appropriated under 24 title III of this Act for assistance for the central govern25 ment of any country that is not taking appropriate steps •S 3117 PCS 149 1 to comply with the Convention on the Civil Aspects of 2 International Child Abductions, done at the Hague on Oc3 tober 25, 1980: Provided, That the Secretary shall report 4 to the Committees on Appropriations within 15 days of 5 withholding funds under this subsection. 6 7 (h) REPORTS REPEALED.— (1) ANNUAL REPORT ON THE ISRAELI-PALES- 8 TINIAN PEACE, RECONCILIATION AND DEMOCRACY 9 FUND.—Section 10 of the Palestinian Anti-Ter- 10 rorism Act of 2006 (Public Law 109–446; 22 U.S.C. 11 2378b note) is amended— 12 (A) by striking subsection (b); and 13 (B) by redesignating subsection (c) as sub- 14 section (b). 15 (2) ANNUAL REPORT ON ASSISTANCE PROVIDED 16 FOR INTERDICTION ACTIONS OF FOREIGN COUN- 17 TRIES.—Section 18 thorization Act for Fiscal Year 1995 (22 U.S.C. 19 2291–4) is amended— 1012 of the National Defense Au- 20 (A) by striking subsection (c); and 21 (B) by redesignating subsection (d) as sub- 22 section (c). 23 (3) REPORTS RELATING TO SUDAN.—The 24 Sudan Peace Act (Public Law 107–245; 50 U.S.C. 25 1701 note) is amended— •S 3117 PCS 150 1 (A) by striking section 8; and 2 (B) in section 11, by striking subsection 3 (b). 4 (4) ANNUAL REPORT ON OUTSTANDING EXPRO- 5 PRIATION CLAIMS.—Section 6 lations Authorization Act, Fiscal Years 1994 and 7 1995 (Public Law 103–236; 22 U.S.C. 2370a) is 8 amended— 9 527 of the Foreign Re- (A) by striking subsection (f); and 10 (B) by redesignating subsections (g), (h), 11 and (i) as subsections (f), (g), and (h), respec- 12 tively. 13 14 (i) TRANSFER OF FUNDS FOR EXTRAORDINARY PROTECTION.—The Secretary of State may transfer to, and 15 merge with, funds under the heading ‘‘Protection of For16 eign Missions and Officials’’ unobligated balances of ex17 pired funds appropriated under the heading ‘‘Diplomatic 18 and Consular Programs’’ for fiscal year 2017, except for 19 funds designated for Overseas Contingency Operations/ 20 Global War on Terrorism pursuant to section 21 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985, at no later than the end of 23 the fifth fiscal year after the last fiscal year for which such 24 funds are available for the purposes for which appro- •S 3117 PCS 151 1 priated: Provided, That not more than $50,000,000 may 2 be transferred. 3 (j) PROTECTIONS 4 OF 5 ZATIONS.—Section AND DIPLOMATIC MISSIONS REMEDIES FOR EMPLOYEES AND INTERNATIONAL ORGANI- 7034(k) of the Department of State, 6 Foreign Operations, and Related Programs Appropria7 tions Act, 2015 (division J of Public Law 113–235) shall 8 continue in effect during fiscal year 2017. 9 10 (k) ADDITIONAL AUTHORITIES.— (1) PASSPORT FEES.—Section 1(b)(2) of the 11 Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) 12 shall be applied by substituting ‘‘September 30, 13 2017’’ for ‘‘September 30, 2010’’. 14 (2) ACCOUNTABILITY REVIEW BOARDS.—The 15 authority provided by section 301(a)(3) of the Omni- 16 bus Diplomatic Security and Antiterrorism Act of 17 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect 18 for facilities in Afghanistan through September 30, 19 2017, except that the notification and reporting re- 20 quirements contained in such section shall include 21 the Committees on Appropriations. 22 (3) INCENTIVES FOR CRITICAL POSTS.—The 23 authority contained in section 1115(d) of the Sup- 24 plemental Appropriations Act, 2009 (Public Law •S 3117 PCS 152 1 111–32) shall remain in effect through September 2 30, 2017. 3 (4) FOREIGN SERVICE OFFICER ANNUITANT 4 WAIVER.—Section 5 of 1980 (22 U.S.C. 4064(g)) shall be applied by 6 substituting ‘‘September 30, 2017’’ for ‘‘October 1, 7 2010’’ in paragraph (2). 824(g) of the Foreign Service Act 8 (5) DEPARTMENT 9 NUITANT WAIVER.—Section OF STATE CIVIL SERVICE AN- 61(a) of the State De- 10 partment Basic Authorities Act of 1956 (22 U.S.C. 11 2733(a)) shall be applied by substituting ‘‘Sep- 12 tember 30, 2017’’ for ‘‘October 1, 2010’’ in para- 13 graph (2). 14 (6) USAID CIVIL SERVICE ANNUITANT WAIV- 15 ER.—Section 16 Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied 17 by substituting ‘‘September 30, 2017’’ for ‘‘October 18 1, 2010’’ in subparagraph (B). 19 20 625(j)(1) of the Foreign Assistance (7) OVERSEAS PAY COMPARABILITY AND LIMI- TATION.— 21 (A) Subject to the limitation described in 22 subparagraph (B), the authority provided by 23 section 1113 of the Supplemental Appropria- 24 tions Act, 2009 (Public Law 111–32; 123 Stat. •S 3117 PCS 153 1 1904) shall remain in effect through September 2 30, 2017. 3 (B) The authority described in subpara- 4 graph (A) may not be used to pay an eligible 5 member of the Foreign Service (as defined in 6 section 1113(b) of the Supplemental Appropria- 7 tions Act, 2009) a locality-based comparability 8 payment (stated as a percentage) that exceeds 9 two-thirds of the amount of the locality-based 10 comparability payment (stated as a percentage) 11 that would be payable to such member under 12 section 5304 of title 5, United States Code, if 13 such member’s official duty station were in the 14 District of Columbia. 15 (8) CATEGORICAL ELIGIBILITY.—The Foreign 16 Operations, Export Financing, and Related Pro- 17 grams Appropriations Act, 1990 (Public Law 101– 18 167) is amended— 19 20 (A) in section 599D (8 U.S.C. 1157 note)— 21 (i) in subsection (b)(3), by striking 22 ‘‘and 2016’’ and inserting ‘‘2016, and 23 2017’’; •S 3117 PCS 154 1 (ii) in subsection (e), by striking 2 ‘‘2016’’ each place it appears and inserting 3 ‘‘2017’’; and 4 (B) in section 599E (8 U.S.C. 1255 note) 5 in subsection (b)(2), by striking ‘‘2016’’ and in- 6 serting ‘‘2017’’. 7 (9) INSPECTOR GENERAL ANNUITANT WAIV- 8 ER.—The 9 the Supplemental Appropriations Act, 2010 (Public 10 Law 111–212) shall remain in effect through Sep- 11 tember 30, 2017. 12 authorities provided in section 1015(b) of (10) CODIFICATION OF CONSULAR IMMUNITY.— 13 Section 4 of Public Law 95–393 is amended by in- 14 serting ‘‘(a)’’ at the beginning and inserting the text 15 from section 7056 of the Department of State, For- 16 eign Operations, and Related Programs Appropria- 17 tions Act, 2016 (division K of Public Law 114–113) 18 as subsection (b). 19 (11) UNITED STATES ADVISORY COMMISSION 20 ON PUBLIC DIPLOMACY.—Section 21 eign Affairs Reform and Restructuring Act of 1998 22 (22 U.S.C. 6553) shall be applied by substituting 23 ‘‘September 30, 2017’’ for ‘‘October 1, 2015’’. 24 25 (12) AFGHAN 1334 of the For- ALLIES PROTECTION ACT.—Sec- tion 602(b)(3)(F) of the Afghan Allies Protection •S 3117 PCS 155 1 Act, 2009 (division F of Public Law 111–8), as 2 amended, is further amended by— 3 4 (A) substituting ‘‘11,000’’ for ‘‘7,000’’ in the matter preceding clause (i); and 5 (B) substituting ‘‘December 31, 2017’’ for 6 ‘‘December 31, 2016’’ in clauses (i) and (ii). 7 (13) INTERNATIONAL EXPOSITIONS.—Notwith- 8 standing section 204 of the Admiral James W. 9 Nance and Meg Donovan Foreign Relations Author- 10 ization Act, Fiscal Years 2000 and 2001 (appendix 11 G of Public Law 106–113), funds made available 12 under the heading ‘‘Diplomatic and Consular Pro- 13 grams’’ in this Act and prior Acts making appro- 14 priations for the Department of State, foreign oper- 15 ations, and related programs or otherwise available 16 to the Department of State may be made available 17 for United States participation in international fairs 18 and expositions abroad occurring prior to September 19 30, 2017: Provided, That the authority made avail- 20 able pursuant to this subparagraph shall be subject 21 to the regular notification procedures of the Com- 22 mittees on Appropriations. 23 (14) EXTENSION 24 AUTHORITY.— •S 3117 PCS OF WAR RESERVES STOCKPILE 156 1 (A) Section 12001(d) of the Department of 2 Defense Appropriations Act, 2005 (Public Law 3 108–287; 118 Stat. 1011) is amended by strik- 4 ing ‘‘2017’’ and inserting ‘‘2018’’. 5 (B) Section 514(b)(2)(A) of the Foreign 6 Assistance 7 2321h(b)(2)(A)) is amended by striking ‘‘and 8 2017’’ and inserting ‘‘2017, and 2018’’. 9 (15) QUORUM Act of 1961 (22 REQUIREMENT.—Section U.S.C. 1 of 10 Public Law 106–46 (12 U.S.C. 635a note) is 11 amended by striking ‘‘July 21, 1999, and ends on 12 December 2, 1999’’ and inserting ‘‘October 1, 2016, 13 and ends on September 30, 2019’’: Provided, That 14 the amendment made pursuant to this subparagraph 15 to such law shall take effect upon enactment of this 16 Act. 17 (16) MODIFICATION OF LIFE INSURANCE SUP- 18 PLEMENT.—Section 19 ice Act of 1980 (22 U.S.C. 3975(a)(1)) is amended 20 by adding—‘‘The group life insurance supplement 21 employee benefit paid or scheduled to be paid pursu- 22 ant to this section should not be used to reduce any 23 other payment to which a recipient is otherwise eligi- 24 ble under Federal law.’’. •S 3117 PCS 415(a)(1) of the Foreign Serv- 157 1 (l) DEPARTMENT OF STATE WORKING CAPITAL 2 FUND.—Funds appropriated by this Act or otherwise 3 made available to the Department of State for payments 4 to the Working Capital Fund may only be used for the 5 service centers included in Appendix 1 of the Congres6 sional Budget Justification, Department of State, Diplo7 matic Engagement, Fiscal Year 2017: Provided, That the 8 amounts for such service centers shall be the amounts in9 cluded in such budget except as provided in section 10 7015(b) of this Act: Provided further, That Federal agency 11 components shall be charged only for their direct usage 12 of each Working Capital Fund service: Provided further, 13 That Federal agency components may only pay for Work14 ing Capital Fund services that are consistent with the 15 component’s purpose and authorities: Provided further, 16 That the Working Capital Fund shall be paid in advance 17 or reimbursed at rates which will return the full cost of 18 each service. 19 (m) HUMANITARIAN ASSISTANCE.—Funds appro- 20 priated by this Act that are available for monitoring and 21 evaluation of assistance under the headings ‘‘International 22 Disaster Assistance’’ and ‘‘Migration and Refugee Assist23 ance’’ shall, as appropriate, be made available for the reg24 ular collection of feedback obtained directly from bene25 ficiaries on the quality and relevance of such assistance: •S 3117 PCS 158 1 Provided, That the Department of State and USAID shall 2 conduct regular oversight to ensure that such feedback is 3 collected and used by implementing partners to maximize 4 the cost-effectiveness and utility of such assistance, and 5 require such partners that receive funds under such head6 ings to establish procedures for collecting and responding 7 to such feedback and inform the Department of State or 8 USAID, as appropriate, of such procedures. 9 (n) HIV/AIDS WORKING CAPITAL FUND.—Funds 10 available in the HIV/AIDS Working Capital Fund estab11 lished pursuant to section 525(b)(1) of the Foreign Oper12 ations, Export Financing, and Related Programs Appro13 priations Act, 2005 (Public Law 108–477) may be made 14 available for pharmaceuticals and other products for other 15 global health and child survivial activities to the same ex16 tent as HIV/AIDS pharmaceuticals and other products, 17 subject to the terms and conditions in such section: Pro18 vided, That the authority in section 525(b)(5) of the For19 eign Operations, Export Financing, and Related Programs 20 Appropriation Act, 2005 (Public Law 108–477) shall be 21 exercised by the Assistant Administrator for Global 22 Health, USAID, with respect to funds deposited for such 23 non-HIV/AIDS pharmaceuticals and other products, and 24 shall be subject to the regular notification procedures of 25 the Committees on Appropriations: Provided further, That •S 3117 PCS 159 1 the Secretary of State shall include in the congressional 2 budget justification an accounting of budgetary resources, 3 disbursements, balances, and reimbursements related to 4 such fund. 5 6 (o) LOANS AND ENTERPRISE FUNDS.— (1) LOAN GUARANTEES.—Funds appropriated 7 under the headings ‘‘Economic Support Fund’’ and 8 ‘‘Assistance for Europe, Eurasia and Central Asia’’ 9 by this Act and prior Acts making appropriations 10 for the Department of State, foreign operations, and 11 related programs may be made available for the 12 costs, as defined in section 502 of the Congressional 13 Budget Act of 1974, of loan guarantees for Jordan, 14 Ukraine, Iraq, and Tunisia, which are authorized to 15 be provided: Provided, That amounts made available 16 under this paragraph for the costs of such guaran- 17 tees shall not be considered assistance for the pur- 18 poses of provisions of law limiting assistance to a 19 country. 20 (2) DIRECT LOANS.—During fiscal year 2017, 21 direct loans under section 23 of the Arms Export 22 Control Act may be made available for Iraq, gross 23 obligations for the principal amounts of which shall 24 not exceed $2,700,000,000: Provided, That funds 25 appropriated under the heading ‘‘Foreign Military •S 3117 PCS 160 1 Financing Program’’ in title VIII of this Act and 2 title VIII of prior Acts making appropriations for 3 the Department of State, foreign operations, and re- 4 lated programs that are designated by the Congress 5 for Overseas Contingency Operations/Global War on 6 Terrorism pursuant to section 251(b)(2)(A)(ii) of 7 the Balanced Budget and Emergency Deficit Control 8 Act of 1985, may be made available for the costs, 9 as defined in section 502 of the Congressional Budg- 10 et Act of 1974, of direct loans, except that such 11 funds may not be derived from amounts specifically 12 designated for countries other than Iraq: Provided 13 further, That such costs, including the cost of modi- 14 fying such loans, shall be as defined in section 502 15 of the Congressional Budget Act of 1974, and may 16 include the costs of selling, reducing, or cancelling 17 any amounts owed to the United States or any agen- 18 cy of the United States by Iraq: Provided further, 19 That the Government of the United States may 20 charge fees for such loans, which shall be collected 21 from borrowers in accordance with section 502(7) of 22 the Congressional Budget Act of 1974: Provided fur- 23 ther, That no funds made available for assistance for 24 Iraq under this or any other Act may be used for 25 payment of any fees associated with such loans: Pro- •S 3117 PCS 161 1 vided further, That applicable provisions of section 3 2 of the Arms Export Control Act relating to restric- 3 tions on transfers, re-transfers and end-use shall 4 apply to defense articles and services purchased with 5 such loans: Provided further, That in consultation 6 with the Government of Iraq, special emphasis shall 7 be placed on assistance to covered groups (as de- 8 fined in section 1223(e)(2)(D) of the National De- 9 fense Authorization Act for Fiscal Year 2016 (Pub- 10 lic Law 114–92)) with loans made available pursu- 11 ant to this paragraph: Provided further, That such 12 loans shall be repaid in not more than 12 years, in- 13 cluding a grace period of up to 1 year on repayment 14 of principal. 15 (3) ENTERPRISE FUNDS.—Funds appropriated 16 under the heading ‘‘Economic Support Fund’’ in 17 this Act may be made available to establish and op- 18 erate one or more enterprise funds for Egypt and 19 Tunisia: Provided, That the first, third and fifth 20 provisos under section 7041(b) of the Department of 21 State, Foreign Operations, and Related Programs 22 Appropriations Act, 2012 (division I of Public Law 23 112–74) shall apply to funds appropriated by this 24 Act under the heading ‘‘Economic Support Fund’’ 25 for an enterprise fund or funds to the same extent •S 3117 PCS 162 1 and in the same manner as such provision of law ap- 2 plied to funds made available under such section (ex- 3 cept that the clause excluding subsection (d)(3) of 4 section 201 of the SEED Act shall not apply): Pro- 5 vided further, That in addition to the previous pro- 6 viso, the authorities in the matter preceding the first 7 proviso of such section may apply to any such enter- 8 prise fund or funds: Provided further, That the au- 9 thority of any such enterprise fund or funds to pro- 10 vide assistance shall cease to be effective on Decem- 11 ber 31, 2027. 12 (4) DESIGNATION REQUIREMENT.—Funds 13 made available pursuant to paragraphs (1) and (2) 14 from prior Acts making appropriations for the De- 15 partment of State, foreign operations, and related 16 programs that were previously designated by the 17 Congress for Overseas Contingency Operations/Glob- 18 al 19 251(b)(2)(A)(ii) of the Balanced Budget and Emer- 20 gency Deficit Control Act of 1985 are designated by 21 the Congress for Overseas Contingency Operations/ 22 Global War on Terrorism pursuant to section 23 251(b)(2)(A)(ii) of such Act. 24 25 War (5) on Terrorism CONSULTATION pursuant AND to section NOTIFICATION.— Funds made available pursuant to the authorities of •S 3117 PCS 163 1 this subsection shall be subject to prior consultation 2 with the appropriate congressional committees, and 3 subject to the regular notification procedures of the 4 Committees on Appropriations. 5 (p) SMALL GRANTS AND ENTITIES.— 6 (1) Of the funds appropriated by this Act under 7 the headings ‘‘Development Assistance’’, ‘‘Economic 8 Support Fund’’, and ‘‘Assistance for Europe, Eur- 9 asia and Central Asia’’, not less than $50,000,000 10 shall be made available for the Small Grants Pro- 11 gram pursuant to section 7080 of the Department of 12 State, Foreign Operations, and Related Programs 13 Appropriations Act, 2015 (division J of Public Law 14 113–235), as amended, which may remain available 15 until September 30, 2021. 16 (2) For the purposes of section 7080 of division 17 J of Public Law 113–235, ‘‘eligible entities’’ shall be 18 defined, in this fiscal year and each fiscal year here- 19 after, as small local, international, and United 20 States-based nongovernmental organizations, edu- 21 cational institutions, and other small entities that 22 have received less than a total of $5,000,000 from 23 USAID over the previous 5 fiscal years: Provided, 24 That departments or centers of such educational in- •S 3117 PCS 164 1 stitutions may be considered individually in deter- 2 mining such eligibility. 3 (q) PILOT PROJECT.—The USAID Administrator, 4 following consultation with the Committees on Appropria5 tions, shall implement a pilot project with funds appro6 priated by this Act under the heading ‘‘Global Health Pro7 grams’’ to leverage public and private capital to expand 8 delivery of interventions for maternal and child health. 9 10 (r) DEFINITIONS.— (1) APPROPRIATE CONGRESSIONAL COMMIT- 11 TEES.—Unless 12 purposes of this Act the term ‘‘appropriate congres- 13 sional committees’’ means the Committees on Appro- 14 priations and Foreign Relations of the Senate and 15 the Committees on Appropriations and Foreign Af- 16 fairs of the House of Representatives. otherwise defined in this Act, for 17 (2) FUNDS 18 PRIOR ACTS.—Unless 19 for purposes of this Act the term ‘‘funds appro- 20 priated by this Act and prior Acts making appro- 21 priations for the Department of State, foreign oper- 22 ations, and related programs’’ means funds that re- 23 main available for obligation, and have not expired. 24 25 (3) otherwise defined in this Act, INTERNATIONAL TIONS.—In •S 3117 PCS APPROPRIATED BY THIS ACT AND FINANCIAL INSTITU- this Act ‘‘international financial institu- 165 1 tions’’ means the International Bank for Recon- 2 struction and Development, the International Devel- 3 opment Association, the International Finance Cor- 4 poration, the Inter-American Development Bank, the 5 International Monetary Fund, the Asian Develop- 6 ment Bank, the Asian Development Fund, the Inter- 7 American Investment Corporation, the North Amer- 8 ican Development Bank, the European Bank for Re- 9 construction and Development, the African Develop- 10 ment Bank, the African Development Fund, and the 11 Multilateral Investment Guarantee Agency. 12 (4) SOUTHERN KORDOFAN REFERENCE.—Any 13 reference to Southern Kordofan in this or any other 14 Act making appropriations for the Department of 15 State, foreign operations, and related programs shall 16 be deemed to include portions of Western Kordofan 17 that were previously part of Southern Kordofan 18 prior to the 2013 division of Southern Kordofan. 19 (5) USAID.—In this Act, the term ‘‘USAID’’ 20 means the United States Agency for International 21 Development. 22 23 (6) EXTREMIST MISM.—In ORGANIZATIONS AND EXTRE- this Act— 24 (A) the term ‘‘extremist organization’’ 25 means the Islamic State of Iraq and the Levant •S 3117 PCS 166 1 (ISIL); organizations affiliated with ISIL; a 2 foreign organization that is determined to be 3 engaged in terrorist activity, as defined in sec- 4 tion 212(a)(3)(B) of the Immigration and Na- 5 tionality Act (8 U.S.C. 1182); and other enti- 6 ties designated as foreign terrorist organiza- 7 tions pursuant to section 219 of the Immigra- 8 tion and Nationality Act (8 U.S.C. 1189); 9 (B) the term ‘‘extremist’’ means an indi- 10 vidual affiliated with an extremist organization, 11 as defined in subparagraph (A); and 12 (C) the term ‘‘extremism’’ means the advo- 13 cacy or use of violence by such organizations or 14 individuals to achieve political or religions goals. 15 (7) CLARIFICATION.—Unless otherwise provided 16 for in this Act, for the purposes of this Act the 17 terms ‘‘under this heading’’, ‘‘under the heading’’, or 18 ‘‘under the headings’’ means funds appropriated or 19 otherwise made available under such heading or 20 headings in all titles of this Act: Provided, That the 21 term ‘‘under the heading in this title’’ means funds 22 appropriated or otherwise made available only in 23 such title. 24 25 (8) SPEND PLAN.—In this Act, the term ‘‘spend plan’’ means a plan for the utilization of •S 3117 PCS 167 1 funds appropriated for a particular entity, country, 2 program, purpose, or account and which shall in- 3 clude, as appropriate, a description of— 4 (A) how such funds will be used, including 5 by category such as personnel, training, tech- 6 nical, 7 achieve realistic and sustainable goals, and a 8 timeline for achieving such goals; infrastructure, and commodities, to 9 (B) implementing partners, including by 10 category such as government ministries, non- 11 governmental organizations, and contractors, to 12 the extent known; 13 14 (C) amounts and sources of funds by account; 15 16 (D) criteria for measuring progress in achieving such goals; and 17 18 19 20 21 22 (E) how such funds will complement other ongoing or planned programs. (s) CONCURRENT MILLENNIUM CHALLENGE CORPORATION COMPACTS.— (1) Section 609 of the Millennium Challenge Act of 2003 (22 U.S.C. 7708) is amended— 23 24 (A) in subsection (k) by striking the first sentence; and •S 3117 PCS 168 1 2 3 (B) by adding after subsection (k) the following new subsection: ‘‘(l) CONCURRENT COMPACTS.—An eligible country 4 and the United States that have entered into and have 5 in effect a Compact under this section may enter into and 6 have in effect at the same time not more than one addi7 tional Compact in accordance with the requirements of 8 this title if— 9 ‘‘(1) one or both of the Compacts are or will be 10 for the purposes of economic integration, increased 11 regional trade, or cross-border collaborations; and 12 ‘‘(2) the Board determines that the country is 13 making considerable and demonstrable progress in 14 implementing the terms of any existing Compacts 15 and supplementary agreements thereto, and has sus- 16 tained performance against the eligibility criteria in 17 section 7706(b) of this title since being selected for 18 such existing Compact.’’. 19 (2) The amendments made by paragraph (1) 20 shall apply with respect to Compacts entered into 21 under the Millennium Challenge Act of 2003 (22 22 U.S.C. 7701 et seq.) before, on, or after the date of 23 enactment of this Act. 24 (3) Section 613(b)(2)(A) of the Millennium 25 Challenge Act of 2003 (22 U.S.C. 7712(b)(2)(A)) is •S 3117 PCS 169 1 amended by striking ‘‘the’’ before ‘‘Compact’’ and 2 inserting ‘‘any’’. 3 4 (4) Section 607 of the Millennium Challenge Act of 2003 (22 U.S.C. 7706) is amended: 5 (A) in subsection (a) by adding after the 6 second sentence the following new sentence: 7 ‘‘In determining whether such country is eligi- 8 ble for a subsequent, non-concurrent Millennium 9 Challenge Compact, such determination shall also be 10 based on significantly improved performance across 11 the eligibility criteria in subsection (b), compared to 12 such country’s performance against such eligibility 13 criteria when selected for a preceding compact, to be 14 defined pursuant to section 7707(b) of this title.’’; 15 16 (B) in subsection (b)(1)(D), by striking ‘‘and’’; 17 (C) in subsection (b)(1)(E), by inserting 18 ‘‘and’’ after the semicolon, and adding the fol- 19 lowing new subparagraph: 20 21 ‘‘(F) the quality of the civil society enabling environment;’’; 22 (D) by redesignating subsections (d) and 23 (e) as subsections (e) and (f), respectively; and 24 (E) by inserting after subsection (c) the 25 following new subsection: •S 3117 PCS 170 1 2 ‘‘(d) REPORTING ETY.—Before ON TREATMENT OF CIVIL SOCI- the Board selects an eligible country for a 3 Compact under section 607(c), the Corporation shall pro4 vide to the Board information on the country’s treatment 5 of civil society. The information shall include an assess6 ment and analysis of— 7 ‘‘(1) any relevant laws governing the establish- 8 ment, legal status, or activities of a civil society or- 9 ganization, including laws intended to limit the ac- 10 tivities of civil society organizations; and 11 ‘‘(2) laws regulating freedom of expression and 12 peaceful assembly, including usage of the Internet.’’. 13 ARAB LEAGUE BOYCOTT OF ISRAEL 14 SEC. 7035. It is the sense of the Congress that— 15 (1) the Arab League boycott of Israel, and the 16 secondary boycott of American firms that have com- 17 mercial ties with Israel, is an impediment to peace 18 in the region and to United States investment and 19 trade in the Middle East and North Africa; 20 (2) the Arab League boycott, which was regret- 21 tably reinstated in 1997, should be immediately and 22 publicly terminated, and the Central Office for the 23 Boycott of Israel immediately disbanded; 24 25 (3) all Arab League states should normalize relations with their neighbor Israel; •S 3117 PCS 171 1 (4) the President and the Secretary of State 2 should continue to vigorously oppose the Arab 3 League boycott of Israel and find concrete steps to 4 demonstrate that opposition by, for example, taking 5 into consideration the participation of any recipient 6 country in the boycott when determining to sell 7 weapons to said country; and 8 (5) the President should report to Congress an- 9 nually on specific steps being taken by the United 10 States to encourage Arab League states to normalize 11 their relations with Israel to bring about the termi- 12 nation of the Arab League boycott of Israel, includ- 13 ing those to encourage allies and trading partners of 14 the United States to enact laws prohibiting busi- 15 nesses from complying with the boycott and penal- 16 izing businesses that do comply. 17 18 PALESTINIAN STATEHOOD SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None 19 of the funds appropriated under titles III through VI of 20 this Act may be provided to support a Palestinian state 21 unless the Secretary of State determines and certifies to 22 the appropriate congressional committees that— 23 24 (1) the governing entity of a new Palestinian state— •S 3117 PCS 172 1 (A) has demonstrated a firm commitment 2 to peaceful co-existence with the State of Israel; 3 and 4 (B) is taking appropriate measures to 5 counter terrorism and terrorist financing in the 6 West Bank and Gaza, including the dismantling 7 of terrorist infrastructures, and is cooperating 8 with appropriate Israeli and other appropriate 9 security organizations; and 10 (2) the Palestinian Authority (or the governing 11 entity of a new Palestinian state) is working with 12 other countries in the region to vigorously pursue ef- 13 forts to establish a just, lasting, and comprehensive 14 peace in the Middle East that will enable Israel and 15 an independent Palestinian state to exist within the 16 context of full and normal relationships, which 17 should include— 18 19 (A) termination of all claims or states of belligerency; 20 (B) respect for and acknowledgment of the 21 sovereignty, territorial integrity, and political 22 independence of every state in the area through 23 measures including the establishment of demili- 24 tarized zones; •S 3117 PCS 173 1 (C) their right to live in peace within se- 2 cure and recognized boundaries free from 3 threats or acts of force; 4 5 (D) freedom of navigation through international waterways in the area; and 6 7 8 (E) a framework for achieving a just settlement of the refugee problem. (b) SENSE OF CONGRESS.—It is the sense of Con- 9 gress that the governing entity should enact a constitution 10 assuring the rule of law, an independent judiciary, and 11 respect for human rights for its citizens, and should enact 12 other laws and regulations assuring transparent and ac13 countable governance. 14 (c) WAIVER.—The President may waive subsection 15 (a) if the President determines that it is important to the 16 national security interest of the United States to do so. 17 (d) EXEMPTION.—The restriction in subsection (a) 18 shall not apply to assistance intended to help reform the 19 Palestinian Authority and affiliated institutions, or the 20 governing entity, in order to help meet the requirements 21 of subsection (a), consistent with the provisions of section 22 7040 of this Act (‘‘Limitation on Assistance for the Pales23 tinian Authority’’). •S 3117 PCS 174 1 RESTRICTIONS CONCERNING THE PALESTINIAN 2 AUTHORITY 3 SEC. 7037. None of the funds appropriated under ti- 4 tles II through VI of this Act may be obligated or ex5 pended to create in any part of Jerusalem a new office 6 of any department or agency of the United States Govern7 ment for the purpose of conducting official United States 8 Government business with the Palestinian Authority over 9 Gaza and Jericho or any successor Palestinian governing 10 entity provided for in the Israel-PLO Declaration of Prin11 ciples: Provided, That this restriction shall not apply to 12 the acquisition of additional space for the existing Con13 sulate General in Jerusalem: Provided further, That meet14 ings between officers and employees of the United States 15 and officials of the Palestinian Authority, or any successor 16 Palestinian governing entity provided for in the Israel17 PLO Declaration of Principles, for the purpose of con18 ducting official United States Government business with 19 such authority should continue to take place in locations 20 other than Jerusalem: Provided further, That as has been 21 true in the past, officers and employees of the United 22 States Government may continue to meet in Jerusalem on 23 other subjects with Palestinians (including those who now 24 occupy positions in the Palestinian Authority), have social 25 contacts, and have incidental discussions. •S 3117 PCS 175 1 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN 2 BROADCASTING CORPORATION 3 SEC. 7038. None of the funds appropriated or other- 4 wise made available by this Act may be used to provide 5 equipment, technical support, consulting services, or any 6 other form of assistance to the Palestinian Broadcasting 7 Corporation. 8 9 ASSISTANCE FOR THE WEST BANK AND GAZA SEC. 7039. (a) OVERSIGHT.—For fiscal year 2017, 10 30 days prior to the initial obligation of funds for the bi11 lateral West Bank and Gaza Program, the Secretary of 12 State shall certify to the Committees on Appropriations 13 that procedures have been established to assure the Comp14 troller General of the United States will have access to 15 appropriate United States financial information in order 16 to review the uses of United States assistance for the Pro17 gram funded under the heading ‘‘Economic Support 18 Fund’’ for the West Bank and Gaza. 19 (b) VETTING.—Prior to the obligation of funds ap- 20 propriated by this Act under the heading ‘‘Economic Sup21 port Fund’’ for assistance for the West Bank and Gaza, 22 the Secretary of State shall take all appropriate steps to 23 ensure that such assistance is not provided to or through 24 any individual, private or government entity, or edu25 cational institution that the Secretary knows or has reason •S 3117 PCS 176 1 to believe advocates, plans, sponsors, engages in, or has 2 engaged in, terrorist activity nor, with respect to private 3 entities or educational institutions, those that have as a 4 principal officer of the entity’s governing board or gov5 erning board of trustees any individual that has been de6 termined to be involved in, or advocating terrorist activity 7 or determined to be a member of a designated foreign ter8 rorist organization: Provided, That the Secretary of State 9 shall, as appropriate, establish procedures specifying the 10 steps to be taken in carrying out this subsection and shall 11 terminate assistance to any individual, entity, or edu12 cational institution which the Secretary has determined to 13 be involved in or advocating terrorist activity. 14 15 (c) PROHIBITION.— (1) RECOGNITION OF ACTS OF TERRORISM.— 16 None of the funds appropriated under titles III 17 through VI of this Act for assistance under the West 18 Bank and Gaza Program may be made available for 19 the purpose of recognizing or otherwise honoring in- 20 dividuals who commit, or have committed acts of 21 terrorism. 22 (2) SECURITY ASSISTANCE AND REPORTING RE- 23 QUIREMENT.—Notwithstanding 24 of law, none of the funds made available by this or 25 prior appropriations Acts, including funds made •S 3117 PCS any other provision 177 1 available by transfer, may be made available for obli- 2 gation for security assistance for the West Bank and 3 Gaza until the Secretary of State reports to the 4 Committees on Appropriations on the benchmarks 5 that have been established for security assistance for 6 the West Bank and Gaza and reports on the extent 7 of Palestinian compliance with such benchmarks. 8 (d) AUDITS BY THE UNITED STATES AGENCY FOR 9 INTERNATIONAL DEVELOPMENT.— 10 (1) The Administrator of the United States 11 Agency for International Development shall ensure 12 that Federal or non-Federal audits of all contractors 13 and grantees, and significant subcontractors and 14 sub-grantees, under the West Bank and Gaza Pro- 15 gram, are conducted at least on an annual basis to 16 ensure, among other things, compliance with this 17 section. 18 (2) Of the funds appropriated by this Act up to 19 $500,000 may be used by the Office of Inspector 20 General of the United States Agency for Inter- 21 national Development for audits, inspections, and 22 other activities in furtherance of the requirements of 23 this subsection: Provided, That such funds are in ad- 24 dition to funds otherwise available for such pur- 25 poses. •S 3117 PCS 178 1 (e) COMPTROLLER GENERAL OF THE UNITED 2 STATES AUDIT.—Subsequent to the certification specified 3 in subsection (a), the Comptroller General of the United 4 States shall conduct an audit and an investigation of the 5 treatment, handling, and uses of all funds for the bilateral 6 West Bank and Gaza Program, including all funds pro7 vided as cash transfer assistance, in fiscal year 2017 8 under the heading ‘‘Economic Support Fund’’, and such 9 audit shall address— 10 (1) the extent to which such Program complies 11 with the requirements of subsections (b) and (c); 12 and 13 (2) an examination of all programs, projects, 14 and activities carried out under such Program, in- 15 cluding both obligations and expenditures. 16 (f) NOTIFICATION PROCEDURES.—Funds made 17 available in this Act for West Bank and Gaza shall be 18 subject to the regular notification procedures of the Com19 mittees on Appropriations. 20 (g) REPORT.—Not later than 180 days after enact- 21 ment of this Act, the Secretary of State shall submit a 22 report to the Committees on Appropriations updating the 23 report contained in section 2106 of chapter 2 of title II 24 of the Emergency Supplemental Appropriations Act for •S 3117 PCS 179 1 Defense, the Global War on Terror, and Tsunami Relief, 2 2005 (Public Law 109–13). 3 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN 4 AUTHORITY 5 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of 6 the funds appropriated by this Act to carry out the provi7 sions of chapter 4 of part II of the Foreign Assistance 8 Act of 1961 may be obligated or expended with respect 9 to providing funds to the Palestinian Authority. 10 (b) WAIVER.—The prohibition included in subsection 11 (a) shall not apply if the President certifies in writing to 12 the Speaker of the House of Representatives, the Presi13 dent pro tempore of the Senate, and the Committees on 14 Appropriations that waiving such prohibition is important 15 to the national security interest of the United States. 16 (c) PERIOD OF APPLICATION OF WAIVER.—Any 17 waiver pursuant to subsection (b) shall be effective for no 18 more than a period of 6 months at a time and shall not 19 apply beyond 12 months after the enactment of this Act. 20 (d) REPORT.—Whenever the waiver authority pursu- 21 ant to subsection (b) is exercised, the President shall sub22 mit a report to the Committees on Appropriations detail23 ing the justification for the waiver, the purposes for which 24 the funds will be spent, and the accounting procedures in 25 place to ensure that the funds are properly disbursed: Pro- •S 3117 PCS 180 1 vided, That the report shall also detail the steps the Pales2 tinian Authority has taken to arrest terrorists, confiscate 3 weapons and dismantle the terrorist infrastructure. 4 (e) CERTIFICATION.—If the President exercises the 5 waiver authority under subsection (b), the Secretary of 6 State must certify and report to the Committees on Ap7 propriations prior to the obligation of funds that the Pal8 estinian Authority has established a single treasury ac9 count for all Palestinian Authority financing and all fi10 nancing mechanisms flow through this account, no parallel 11 financing mechanisms exist outside of the Palestinian Au12 thority treasury account, and there is a single comprehen13 sive civil service roster and payroll, and the Palestinian 14 Authority is acting to counter incitement of violence 15 against Israelis and is supporting activities aimed at pro16 moting peace, coexistence, and security cooperation with 17 Israel. 18 (f) PROHIBITION TO HAMAS AND THE PALESTINE 19 LIBERATION ORGANIZATION.— 20 (1) None of the funds appropriated in titles III 21 through VI of this Act may be obligated for salaries 22 of personnel of the Palestinian Authority located in 23 Gaza or may be obligated or expended for assistance 24 to Hamas or any entity effectively controlled by 25 Hamas, any power-sharing government of which •S 3117 PCS 181 1 Hamas is a member, or that results from an agree- 2 ment with Hamas and over which Hamas exercises 3 undue influence. 4 (2) Notwithstanding the limitation of paragraph 5 (1), assistance may be provided to a power-sharing 6 government only if the President certifies and re- 7 ports to the Committees on Appropriations that such 8 government, including all of its ministers or such 9 equivalent, has publicly accepted and is complying 10 with the principles contained in section 620K(b)(1) 11 (A) and (B) of the Foreign Assistance Act of 1961, 12 as amended. 13 (3) The President may exercise the authority in 14 section 620K(e) of the Foreign Assistance Act of 15 1961, as added by the Palestinian Anti-Terrorism 16 Act of 2006 (Public Law 109–446) with respect to 17 this subsection. 18 (4) Whenever the certification pursuant to 19 paragraph (2) is exercised, the Secretary of State 20 shall submit a report to the Committees on Appro- 21 priations within 120 days of the certification and 22 every quarter thereafter on whether such govern- 23 ment, including all of its ministers or such equiva- 24 lent are continuing to comply with the principles 25 contained in section 620K(b)(1) (A) and (B) of the •S 3117 PCS 182 1 Foreign Assistance Act of 1961, as amended: Pro- 2 vided, That the report shall also detail the amount, 3 purposes and delivery mechanisms for any assistance 4 provided pursuant to the abovementioned certifi- 5 cation and a full accounting of any direct support of 6 such government. 7 (5) None of the funds appropriated under titles 8 III through VI of this Act may be obligated for as- 9 sistance for the Palestine Liberation Organization. 10 MIDDLE EAST AND NORTH AFRICA 11 SEC. 7041. (a) EGYPT.— 12 (1) CERTIFICATION AND REPORT.—Funds ap- 13 propriated by this Act that are available for assist- 14 ance for Egypt may be made available notwith- 15 standing any other provision of law restricting as- 16 sistance for Egypt, except for section 620M of the 17 Foreign Assistance Act of 1961, and may only be 18 made available for assistance for the Government of 19 Egypt if the Secretary of State certifies and reports 20 to the Committees on Appropriations that such gov- 21 ernment is— 22 23 (A) sustaining the strategic relationship with the United States; and 24 25 (B) meeting its obligations under the 1979 Egypt-Israel Peace Treaty. •S 3117 PCS 183 1 (2) ECONOMIC SUPPORT FUND.— 2 (A) FUNDING.—Of the funds appropriated 3 by this Act under the heading ‘‘Economic Sup- 4 port Fund’’, up to $75,000,000 may be made 5 available for assistance for Egypt, of which not 6 less than $35,000,000 should be made available 7 for higher education programs including not 8 less than $10,000,000 for scholarships for 9 Egyptian students with high financial need to 10 attend not-for-profit institutions of higher edu- 11 cation that meet standards equivalent to those 12 required for United States institutional accredi- 13 tation by a regional accrediting agency recog- 14 nized by the United States Department of Edu- 15 cation: Provided, That such funds may be made 16 available for democracy programs and for devel- 17 opment programs in the Sinai: Provided further, 18 That such funds may not be made available for 19 cash transfer assistance or budget support un- 20 less the Secretary of State certifies and reports 21 to the appropriate congressional committees 22 that the Government of Egypt is taking con- 23 sistent and effective steps to stabilize the econ- 24 omy and implement market-based economic re- 25 forms. •S 3117 PCS 184 1 (B) WITHHOLDING.—The Secretary of 2 State shall withhold from obligation funds ap- 3 propriated by this Act under the heading ‘‘Eco- 4 nomic Support Fund’’ for assistance for Egypt, 5 an amount of such funds that the Secretary de- 6 termines to be equivalent to that expended by 7 the United States Government for bail, and by 8 nongovernmental organizations for legal and 9 court fees, associated with democracy-related 10 trials in Egypt until the Secretary certifies and 11 reports to the Committees on Appropriations 12 that the Government of Egypt has dismissed 13 the convictions issued by the Cairo Criminal 14 Court on June 4, 2013, in ‘‘Public Prosecution 15 Case No. 1110 for the Year 2012’’. 16 (3) COOPERATION DETERMINATION.—Notwith- 17 standing section 7019 of this Act or specifically des- 18 ignated funding levels for assistance for Egypt in 19 prior Acts making appropriations for the Depart- 20 ment of State, foreign operations, and related pro- 21 grams, funds appropriated by such Acts under the 22 heading ‘‘Economic Support Fund’’ that remain 23 available for assistance for Egypt may be repro- 24 grammed for programs outside of Egypt if the Sec- 25 retary of State determines and reports to the Com- •S 3117 PCS 185 1 mittees on Appropriations that the Government of 2 Egypt is prohibiting, or otherwise interfering with, 3 the conduct or operations of programs supported by 4 such funds: Provided, That the Secretary of State 5 shall consult with the Committees on Appropriations 6 prior to exercising such authority. 7 8 (4) FOREIGN MILITARY FINANCING PRO- GRAM.— 9 (A) CERTIFICATION.—Of the funds appro- 10 priated by this Act under the heading ‘‘Foreign 11 Military Financing Program’’, $1,300,000,000, 12 to remain available until September 30, 2018, 13 may be made available for assistance for Egypt: 14 Provided, That 15 percent of such funds shall 15 be withheld from obligation until the Secretary 16 of State certifies and reports to the Committees 17 on Appropriations that the Government of 18 Egypt is taking effective steps to— 19 (i) advance democracy and human 20 rights in Egypt, including to govern demo- 21 cratically and protect religious minorities 22 and the rights of women, which are in ad- 23 dition to steps taken during the previous 24 calendar year for such purposes; •S 3117 PCS 186 1 (ii) implement reforms that protect 2 freedoms of expression, association, and 3 peaceful assembly, including the ability of 4 civil society organizations, human rights 5 defenders, and the media to function with- 6 out interference; 7 (iii) release political prisoners and 8 provide detainees with due process of law; 9 (iv) hold Egyptian security forces ac- 10 countable, including officers credibly al- 11 leged to have violated human rights; 12 (v) investigate and prosecute cases of 13 extrajudicial killings and forced disappear- 14 ances, including the torture and murder of 15 Giulio Regeni, a University of Cambridge 16 doctoral student; and 17 (vi) provide regular access for United 18 States officials to monitor such assistance 19 in areas where the assistance is used: 20 Provided further, That such funds may be 21 transferred to an interest bearing account in 22 the Federal Reserve Bank of New York, fol- 23 lowing consultation with the Committees on Ap- 24 propriations: Provided further, That the certifi- 25 cation requirement of this paragraph shall not •S 3117 PCS 187 1 apply to funds appropriated by this Act under 2 such heading for counterterrorism, border secu- 3 rity, and nonproliferation programs for Egypt. 4 (B) WAIVER.—The Secretary of State may 5 waive the certification requirement in subpara- 6 graph (A) if the Secretary determines and re- 7 ports to the Committees on Appropriations that 8 to do so is important to the national security 9 interest of the United States, and submits a re- 10 port to such Committees containing a detailed 11 justification for the use of such waiver and the 12 reasons why any of the requirements of sub- 13 paragraph (A) cannot be met. 14 (5) OVERSIGHT 15 AND CONSULTATION REQUIRE- MENTS.— 16 (A) The Secretary of State shall take all 17 practicable steps to ensure that mechanisms are 18 in place for monitoring, oversight, and control 19 of funds made available by this subsection for 20 assistance for Egypt. 21 (B) Not later than 90 days after enact- 22 ment of this Act, the Secretary shall consult 23 with the Committees on Appropriations on any 24 plan to restructure military assistance for 25 Egypt. •S 3117 PCS 188 1 (b) IRAN.— 2 (1) FUNDING.—Funds appropriated by this Act 3 under the headings ‘‘Diplomatic and Consular Pro- 4 grams’’, ‘‘Economic Support Fund’’, and ‘‘Non- 5 proliferation, Anti-terrorism, Demining and Related 6 Programs’’ shall be used by the Secretary of State— 7 (A) to support the United States policy to 8 prevent Iran from achieving the capability to 9 produce or otherwise obtain a nuclear weapon; 10 (B) to support an expeditious response to 11 any violation of the Joint Comprehensive Plan 12 of Action or United Nations Security Council 13 Resolution 2231; 14 (C) to support the implementation and en- 15 forcement of sanctions against Iran for support 16 of terrorism, human rights abuses, and ballistic 17 missile and weapons proliferation; and 18 (D) for democracy programs for Iran, to 19 be administered by the Assistant Secretary for 20 Near Eastern Affairs, Department of State, in 21 consultation with the Assistant Secretary for 22 Democracy, Human Rights, and Labor, Depart- 23 ment of State. 24 (2) 25 CONTINUATION OF PROHIBITION.—The terms and conditions of paragraph (2) of section •S 3117 PCS 189 1 7041(c) in division I of Public Law 112–74 shall 2 continue in effect during fiscal year 2017. 3 (3) REPORTS.— 4 (A) The Secretary of State shall submit to 5 the Committees on Appropriations the semi-an- 6 nual report required by section 2 of the Iran 7 Nuclear Agreement Review Act of 2015 (42 8 U.S.C. 2160e(d)(4)). 9 (B) Not later than 180 days after the date 10 of enactment of this Act, the Secretary of 11 State, in consultation with the Secretary of the 12 Treasury, shall submit to the appropriate con- 13 gressional committees a report on the status of 14 the implementation and enforcement of bilateral 15 United 16 against Iran and actions taken by the United 17 States and the international community to en- 18 force such sanctions against Iran: Provided, 19 That the report shall also include any entities 20 involved in providing significant support for the 21 development of a ballistic missile by the Govern- 22 ment of Iran after October 1, 2015, and note 23 whether such entities are currently under 24 United States sanctions: Provided further, That 25 such report shall be submitted in an unclassi- •S 3117 PCS States and multilateral sanctions 190 1 fied form, but may contain a classified annex if 2 necessary. 3 (C) Not later than 30 days after the date 4 of enactment of this Act, the Secretary of 5 State, in consultation with the Secretary of the 6 Treasury, shall submit to Congress a report 7 that includes, with respect to a transfer to Iran 8 of $1,700,000,000 that was overseen by the De- 9 partment of the Treasury and announced on 10 January 17, 2016— 11 (i) a description of the means of 12 transfer of the funds; 13 (ii) the name and location of each fi- 14 nancial 15 through or were withdrawn from; institution the funds passed 16 (iii) a description of the currency de- 17 nominations used in the transfer and the 18 method of transfer, including third-party 19 and third-country facilitators; 20 (iv) the name and location of each fi- 21 nancial institution holding the funds as of 22 the date of the report; 23 (v) the date on which the Department 24 of the Treasury was granted the authority 25 to process the transfer; •S 3117 PCS 191 1 (vi) an assessment and determination 2 of whether the $1,300,000,000 paid in in- 3 terest, 4 $400,000,000 amount initially in dispute, 5 is a normal amount for an arbitration 6 panel to award; and which is in addition to the 7 (vii) a determination of whether the 8 Department of the Treasury was involved 9 in the international arbitration relating to 10 the release of any United States citizens 11 formerly held prisoner in Iran: 12 Provided, That such report shall be submitted 13 in unclassified form, but may include a classi- 14 fied annex. 15 (c) IRAQ.— 16 (1) PURPOSES.—Funds appropriated by this 17 Act shall be made available for assistance for Iraq 18 to promote governance, security, and internal and 19 regional stability, including in the Kurdistan Region 20 of Iraq and other areas impacted by the conflict in 21 Syria, and among religious and ethnic minority pop- 22 ulations in Iraq. 23 (2) EXPLOSIVE ORDNANCE DISPOSAL PRO- 24 GRAMS.—Funds 25 heading ‘‘Nonproliferation, Anti-terrorism, Demining •S 3117 PCS appropriated by this Act under the 192 1 and Related Programs’’ shall be made available for 2 explosive ordnance disposal programs in areas liber- 3 ated from extremist organizations in Iraq: Provided, 4 That such programs should utilize local organiza- 5 tions and individuals to the maximum extent prac- 6 ticable. 7 (3) KURDISTAN REGIONAL GOVERNMENT.— 8 (A) Funds appropriated by this Act under 9 the headings ‘‘International Narcotics Control 10 and Law Enforcement’’ and ‘‘Foreign Military 11 Financing Program’’ that are available for as- 12 sistance for Iraq shall be made available to en- 13 hance the capacity of Kurdistan Regional Gov- 14 ernment security services and for security pro- 15 grams in the Kurdistan Region of Iraq to ad- 16 dress requirements arising from the violence in 17 Syria and Iraq: Provided, That the Secretary of 18 State shall consult with the Committees on Ap- 19 propriations prior to obligating such funds. 20 (B) Funds appropriated by this Act under 21 the headings ‘‘International Disaster Assist- 22 ance’’ and ‘‘Migration and Refugee Assistance’’ 23 should be made available for assistance for the 24 Kurdistan Region of Iraq to address the needs 25 of internally displaced persons (IDPs) and refu- •S 3117 PCS 193 1 gees: Provided, That funds appropriated by this 2 Act under the heading ‘‘Economic Support 3 Fund’’ shall be made available for programs to 4 mitigate the impact of such IDPs and refugees 5 in such Region, including for assistance for 6 communities hosting such persons. 7 (4) WAR VICTIMS.—Of the funds appropriated 8 by this Act under the heading ‘‘Economic Support 9 Fund’’, not less than $7,500,000 shall be made 10 available for the Marla Ruzicka Iraqi War Victims 11 Fund. 12 (d) JORDAN.— 13 (1) FUNDING LEVELS.—Of the funds appro- 14 priated by this Act under titles III and IV, not less 15 than $1,000,000,000 shall be made available for as- 16 sistance for Jordan. 17 (2) RESPONSE TO THE SYRIAN CRISIS.—Funds 18 appropriated by this Act shall be made available for 19 programs to implement the Jordan Compact Action 20 Plan and the Jordan Response Plan for the Syria 21 Crisis 2016–2018, including assistance for host com- 22 munities in Jordan: Provided, That such funds are 23 in addition to amounts otherwise available for such 24 purposes. 25 (e) LEBANON.— •S 3117 PCS 194 1 (1) LIMITATION.—None of the funds appro- 2 priated by this Act may be made available for the 3 Lebanese Internal Security Forces (ISF) or the Leb- 4 anese Armed Forces (LAF) if the ISF or the LAF 5 is controlled by a foreign terrorist organization, as 6 designated pursuant to section 219 of the Immigra- 7 tion and Nationality Act (8 U.S.C. 1189). 8 (2) CONSULTATION REQUIREMENT.—Funds ap- 9 propriated by this Act under the headings ‘‘Inter- 10 national Narcotics Control and Law Enforcement’’ 11 and ‘‘Foreign Military Financing Program’’ that are 12 available for assistance for Lebanon may be made 13 available for programs and equipment for the ISF 14 and the LAF to address security and stability re- 15 quirements in Lebanon, including in areas affected 16 by the conflict in Syria, following consultation with 17 the appropriate congressional committees. 18 (3) ECONOMIC SUPPORT FUND.—Funds appro- 19 priated by this Act under the heading ‘‘Economic 20 Support Fund’’ that are available for assistance for 21 Lebanon may be made available notwithstanding 22 section 1224 of the Foreign Relations Authorization 23 Act, Fiscal Year 2003 (Public Law 107–228; 22 24 U.S.C. 2346 note). •S 3117 PCS 195 1 (4) FOREIGN MILITARY FINANCING PRO- 2 GRAM.—In 3 paragraph (2), funds appropriated by this Act under 4 the heading ‘‘Foreign Military Financing Program’’ 5 for assistance for Lebanon may be made available 6 only to professionalize the LAF and to strengthen 7 border security and combat terrorism, including 8 training and equipping the LAF to secure Lebanon’s 9 borders, interdicting arms shipments, preventing the 10 use of Lebanon as a safe haven for terrorist groups, 11 and to implement United Nations Security Council 12 Resolution 1701: Provided, That funds may not be 13 obligated for assistance for the LAF until the Sec- 14 retary of State submits to the Committees on Appro- 15 priations a spend plan, including actions to be taken 16 to ensure equipment provided to the LAF is only 17 used for the intended purposes, except such plan 18 may not be considered as meeting the notification 19 requirements under section 7015 of this Act or 20 under section 634A of the Foreign Assistance Act of 21 1961, and shall be submitted not later than Sep- 22 tember 1, 2017: Provided further, That any notifica- 23 tion submitted pursuant to such sections shall in- 24 clude any funds specifically intended for lethal mili- 25 tary equipment. •S 3117 PCS addition to the activities described in 196 1 2 (f) LIBYA.— (1) FUNDING.— 3 (A) Of the funds appropriated by titles III 4 and IV of this Act, not less than $20,500,000 5 shall be made available for assistance for Libya 6 for programs to strengthen governing institu- 7 tions and civil society, improve border security, 8 and promote democracy and stability in Libya, 9 and for activities to address the humanitarian 10 needs of the people of Libya. 11 (B) Funds appropriated by this Act under 12 the heading ‘‘Nonproliferation, Anti-terrorism, 13 Demining and Related Programs’’ shall be 14 made available for explosive ordnance disposal 15 programs in areas liberated from extremist or- 16 ganizations in Libya: Provided, That such pro- 17 grams should utilize local organizations and in- 18 dividuals to the maximum extent practicable. 19 (C) Funds appropriated under title IV of 20 this Act and prior Acts making appropriations 21 for the Department of State, foreign operations, 22 and related programs that are made available 23 for lethal assistance for Libya may only be 24 made available following consultation with the 25 Committees on Appropriations. •S 3117 PCS 197 1 (D) The Secretary of State shall promptly 2 inform the appropriate congressional commit- 3 tees of each instance in which a significant 4 amount of assistance provided pursuant to this 5 subsection has been misappropriated, to include 6 the type and amount of assistance, a descrip- 7 tion of the incident and parties involved, and an 8 explanation of the response of the Department 9 of State. 10 (2) LIMITATIONS.— 11 (A) COOPERATION ON THE SEPTEMBER 12 2012 ATTACK ON UNITED STATES PERSONNEL 13 AND FACILITIES.—None 14 priated by this Act may be made available for 15 assistance for the central Government of Libya 16 unless the Secretary of State certifies and re- 17 ports to the Committees on Appropriations that 18 such government is cooperating with United 19 States Government efforts to investigate and 20 bring to justice those responsible for the attack 21 on United States personnel and facilities in 22 Benghazi, Libya in September 2012: Provided, 23 That the limitation in this paragraph shall not 24 apply to funds made available for the purpose •S 3117 PCS of the funds appro- 198 1 of protecting United States Government per- 2 sonnel or facilities. 3 (B) INFRASTRUCTURE PROJECTS.—The 4 limitation on the uses of funds in section 5 7041(f)(2) of the Department of State, Foreign 6 Operations, and Related Programs Appropria- 7 tions Act, 2014 (division K of Public Law 113– 8 76) shall apply to funds appropriated by this 9 Act that are made available for assistance for 10 Libya. 11 (3) CERTIFICATION REQUIREMENT.—Prior to 12 the initial obligation of funds made available by this 13 Act for assistance for Libya, the Secretary of State 14 shall certify and report to the Committees on Appro- 15 priations that all practicable steps have been taken 16 to ensure that mechanisms are in place for moni- 17 toring, oversight, and control of funds made avail- 18 able by this subsection for assistance for Libya, in- 19 cluding a description of the vetting procedures to be 20 used for recipients of assistance made available 21 under title IV of this Act. 22 (g) MOROCCO.—Funds appropriated by this Act 23 under the heading ‘‘Foreign Military Financing Program’’ 24 that are available for assistance for Morocco may only be 25 used for the purposes requested in the Congressional •S 3117 PCS 199 1 Budget Justification, Foreign Operations, Fiscal Year 2 2017. 3 4 (h) SYRIA.— (1) NON-LETHAL ASSISTANCE.—Funds appro- 5 priated by this Act under the headings ‘‘Economic 6 Support Fund’’, ‘‘International Narcotics Control 7 and Law Enforcement’’, and ‘‘Peacekeeping Oper- 8 ations’’ shall be made available, notwithstanding any 9 other provision of law, for non-lethal assistance for 10 programs to address the needs of civilians affected 11 by conflict in Syria, and for programs that seek to— 12 (A) establish governance in Syria that is 13 representative, inclusive, and accountable; 14 (B) empower women through political and 15 economic programs, and address the psycho- 16 social needs of women and their families in 17 Syria and neighboring countries; 18 (C) develop and implement political proc- 19 esses that are democratic, transparent, and 20 strengthen the rule of law; 21 (D) further the legitimacy and viability of 22 the Syrian opposition through cross-border pro- 23 grams; 24 25 (E) develop and sustain civil society and an independent media in Syria; •S 3117 PCS 200 1 (F) promote stability and economic devel- 2 opment in Syria, including in areas liberated 3 from extremists; 4 (G) document, investigate, and prosecute 5 human rights violations in Syria, including 6 through transitional justice programs and sup- 7 port for nongovernmental organizations; 8 (H) expand the role of women in negotia- 9 tions to end the violence and in any political 10 transition in Syria; 11 (I) assist Syrian refugees whose education 12 has been interrupted by the ongoing conflict to 13 complete higher education requirements at uni- 14 versities, regional academic institutions, and 15 through distance learning; 16 17 (J) assist vulnerable populations in Syria and in neighboring countries; 18 (K) protect and preserve the cultural iden- 19 tity of the people of Syria, particularly those 20 living in neighboring countries and among the 21 youth, and promote the use of traditional art, 22 music, and literature as a counterbalance to ex- 23 tremism; •S 3117 PCS 201 1 (L) protect and preserve cultural heritage 2 sites in Syria, particularly those damaged and 3 destroyed by extremists; and 4 5 (M) counter extremism in Syria. (2) EXPLOSIVE ORDNANCE DISPOSAL PRO- 6 GRAMS.—Funds 7 heading ‘‘Nonproliferation, Anti-terrorism, Demining 8 and Related Programs’’ shall be made available for 9 explosive ordnance disposal programs in areas liber- 10 ated from extremist organizations in Syria: Pro- 11 vided, That such programs should utilize local orga- 12 nizations and individuals to the maximum extent 13 practicable. 14 appropriated by this Act under the (3) SYRIAN ORGANIZATIONS.—Funds appro- 15 priated by this Act that are made available for as- 16 sistance for Syria pursuant to the authority of this 17 subsection shall be made available, on an open and 18 competitive basis, to continue a program to strength- 19 en the capability of Syrian civil society organiza- 20 tions, including through the provision of core sup- 21 port, to address the immediate and long-term needs 22 of the Syrian people inside Syria in a manner that 23 supports the sustainability of such organizations in 24 implementing Syrian-led humanitarian and develop- 25 ment programs and the comprehensive strategy re- •S 3117 PCS 202 1 quired in section 7041(i)(3) of the Department of 2 State, Foreign Operations, and Related Programs 3 Appropriations Act, 2014 (division K of Public Law 4 113–76). 5 (4) STRATEGY UPDATE.—Funds appropriated 6 by this Act that are made available for assistance for 7 Syria pursuant to the authority of this subsection 8 may only be made available after the Secretary of 9 State, in consultation with the heads of relevant 10 United States Government agencies, submits, in 11 classified form if necessary, an update to the com- 12 prehensive strategy required in section 7041(i)(3) of 13 Public Law 113–76. 14 (5) MONITORING AND OVERSIGHT.—Prior to 15 the obligation of funds appropriated by this Act and 16 made available for assistance for Syria, the Sec- 17 retary of State shall take all practicable steps to en- 18 sure that mechanisms are in place for monitoring, 19 oversight, and control of such assistance inside 20 Syria, and shall provide the Committees on Appro- 21 priations with a description of the vetting procedures 22 to be used for recipients of assistance made available 23 under title IV of this Act: Provided, That the Sec- 24 retary shall promptly inform the appropriate con- 25 gressional committees of each instance in which a •S 3117 PCS 203 1 significant amount of assistance provided pursuant 2 to this subsection has been misappropriated, to in- 3 clude the type and amount of assistance, a descrip- 4 tion of the incident and parties involved, and an ex- 5 planation of the response of the Department of 6 State. 7 (6) CONSULTATION AND NOTIFICATION.— 8 Funds made available pursuant to this subsection 9 may only be made available following consultation 10 with the appropriate congressional committees, and 11 shall be subject to the regular notification proce- 12 dures of the Committees on Appropriations. 13 (i) TUNISIA.—Of the funds appropriated under titles 14 III and IV of this Act, not less than $145,400,000 shall 15 be made available for assistance for Tunisia: Provided, 16 That of funds appropriated by this Act under the heading 17 ‘‘Economic Support Fund’’ that are made available for as18 sistance for Tunisia, not less than $28,300,000 shall be 19 made available for democracy programs, of which not less 20 than $5,000,000 shall be for programs that seek to— 21 (1) engage Tunisian youth in political proc- 22 esses, including through participation in political 23 parties and civil society; and 24 (2) empower regional and local governing coun- 25 cils through training focused on budgeting, fiscal •S 3117 PCS 204 1 policy, decision-making processes, and engagement 2 with local civil society organizations: 3 Provided further, That the Department of State and 4 USAID, as appropriate, shall consult on the uses of funds 5 appropriated by this Act for democracy programs for Tu6 nisia prior to the obligation of such funds. 7 8 (j) WEST BANK AND GAZA.— (1) REPORT ON ASSISTANCE.—Prior to the ini- 9 tial obligation of funds made available by this Act 10 under the heading ‘‘Economic Support Fund’’ for 11 assistance for the West Bank and Gaza, the Sec- 12 retary of State shall report to the Committees on 13 Appropriations that the purpose of such assistance 14 is to— 15 (A) advance Middle East peace; 16 (B) improve security in the region; 17 (C) continue support for transparent and 18 accountable government institutions; 19 (D) promote a private sector economy; or 20 (E) address urgent humanitarian needs. 21 (2) LIMITATIONS.— 22 (A)(i) None of the funds appropriated 23 under the heading ‘‘Economic Support Fund’’ 24 in this Act may be made available for assistance •S 3117 PCS 205 1 for the Palestinian Authority, if after the date 2 of enactment of this Act— 3 (I) the Palestinians obtain the same 4 standing as member states or full member- 5 ship as a state in the United Nations or 6 any specialized agency thereof outside an 7 agreement negotiated between Israel and 8 the Palestinians; or 9 (II) the Palestinians initiate an Inter- 10 national Criminal Court (ICC) judicially 11 authorized investigation, or actively sup- 12 port such an investigation, that subjects 13 Israeli nationals to an investigation for al- 14 leged crimes against Palestinians. 15 (ii) The Secretary of State may waive the 16 restriction in clause (i) of this subparagraph re- 17 sulting from the application of subclause (I) of 18 such clause if the Secretary certifies to the 19 Committees on Appropriations that to do so is 20 in the national security interest of the United 21 States, and submits a report to such Commit- 22 tees detailing how the waiver and the continu- 23 ation of assistance would assist in furthering 24 Middle East peace. •S 3117 PCS 206 1 (B)(i) The President may waive the provi- 2 sions of section 1003 of the Foreign Relations 3 Authorization Act, Fiscal Years 1988 and 1989 4 (Public Law 100–204) if the President deter- 5 mines and certifies in writing to the Speaker of 6 the House of Representatives, the President pro 7 tempore of the Senate, and the appropriate con- 8 gressional committees that the Palestinians 9 have not, after the date of enactment of this 10 Act— 11 (I) obtained in the United Nations or 12 any specialized agency thereof the same 13 standing as member states or full member- 14 ship as a state outside an agreement nego- 15 tiated between Israel and the Palestinians; 16 and 17 (II) taken any action with respect to 18 the ICC that is intended to influence a de- 19 termination by the ICC to initiate a judi- 20 cially authorized investigation, or to ac- 21 tively support such an investigation, that 22 subjects Israeli nationals to an investiga- 23 tion for alleged crimes against Palestin- 24 ians. •S 3117 PCS 207 1 (ii) Not less than 90 days after the Presi- 2 dent is unable to make the certification pursu- 3 ant to clause (i) of this subparagraph, the 4 President may waive section 1003 of Public 5 Law 100–204 if the President determines and 6 certifies in writing to the Speaker of the House 7 of Representatives, the President pro tempore 8 of the Senate, and the Committees on Appro- 9 priations that the Palestinians have entered 10 into direct and meaningful negotiations with 11 Israel: Provided, That any waiver of the provi- 12 sions of section 1003 of Public Law 100–204 13 under clause (i) of this subparagraph or under 14 previous provisions of law must expire before 15 the waiver under the preceding sentence may be 16 exercised. 17 (iii) Any waiver pursuant to this subpara- 18 graph shall be effective for no more than a pe- 19 riod of 6 months at a time and shall not apply 20 beyond 12 months after the enactment of this 21 Act. 22 (3) REDUCTION.—The Secretary of State shall 23 reduce the amount of assistance made available by 24 this Act under the heading ‘‘Economic Support 25 Fund’’ for the Palestinian Authority by an amount •S 3117 PCS 208 1 the Secretary determines is equivalent to the amount 2 expended by the Palestinian Authority, the Palestine 3 Liberation Organization, and any successor or affili- 4 ated organizations with such entities as payments 5 for acts of terrorism by individuals who are impris- 6 oned after being fairly tried and convicted for acts 7 of terrorism and by individuals who died committing 8 acts of terrorism during the previous calendar year: 9 Provided, That the Secretary shall report to the 10 Committees on Appropriations on the amount re- 11 duced for fiscal year 2017 prior to the obligation of 12 funds for the Palestinian Authority. 13 (4) SECURITY REPORT.—The reporting require- 14 ments contained in section 1404 of the Supple- 15 mental Appropriations Act, 2008 (Public Law 110– 16 252) shall apply to funds made available by this Act, 17 including a description of modifications, if any, to 18 the security strategy of the Palestinian Authority. 19 (5) TRANSFER OF FUNDS.—Of the funds ap- 20 propriated by this Act under the heading ‘‘Economic 21 Support Fund’’ that are made available for assist- 22 ance for the West Bank, up to $35,000,000 may be 23 transferred to, and merged with, funds appropriated 24 by this Act under the heading ‘‘International Nar- 25 cotics Control and Law Enforcement’’ for Pales- •S 3117 PCS 209 1 tinian security sector programs: Provided, That such 2 transfer authority is in addition to any transfer au- 3 thority otherwise available under any provision of 4 law, and shall be subject to the regular notification 5 procedures of the Committees on Appropriations. 6 (k) WESTERN SAHARA.—Funds appropriated under 7 title III of this Act may be made available for assistance 8 for the people of the Western Sahara following consulta9 tion with the Committees on Appropriations: Provided, 10 That nothing in this Act shall be construed to change the 11 policy of the United States to find a peaceful, sustainable, 12 and mutually agreed-upon solution for the Western Sa13 hara. 14 (l) YEMEN.—Of the funds appropriated by this Act 15 under the headings ‘‘Economic Support Fund’’, ‘‘Inter16 national Narcotics Control and Law Enforcement’’, and 17 ‘‘Nonproliferation, Anti-terrorism, Demining and Related 18 Programs’’, not less than $46,884,000 shall be made 19 available for assistance for Yemen, except that no such 20 funds may be made available for significant infrastructure 21 projects. 22 23 24 AFRICA SEC. 7042. (a) AFRICAN GREAT LAKES REGION ASSISTANCE RESTRICTION.—None of the funds appropriated 25 by this Act under the heading ‘‘International Military •S 3117 PCS 210 1 Education and Training’’ may be made available for as2 sistance for the central government of a country in the 3 African Great Lakes region until the Secretary of State 4 determines and reports to the Committees on Appropria5 tions that such government is not facilitating or otherwise 6 participating in destabilizing activities in a neighboring 7 country, including aiding and abetting armed groups. 8 (b) BOKO HARAM.—Funds appropriated by this Act 9 that are made available for assistance for Cameroon, 10 Chad, Niger, and Nigeria— 11 (1) shall be made available for assistance for 12 women and girls who are targeted by the terrorist 13 organization Boko Haram, consistent with the provi- 14 sions of section 7059 of this Act; and 15 (2) may be made available for counterterrorism 16 programs to combat Boko Haram. 17 (c) ETHIOPIA.— 18 (1) FORCED EVICTIONS.— 19 (A) Funds appropriated by this Act for as- 20 sistance for Ethiopia may not be made available 21 for any activity that supports forced evictions. 22 (B) The Secretary of the Treasury should 23 instruct the United States executive director of 24 each international financial institution to use 25 the voice and vote of the United States to sup- •S 3117 PCS 211 1 port projects in Ethiopia only if such projects 2 are developed and carried out in accordance 3 with the requirements of section 7029(b)(2) of 4 this Act. 5 (2) CONSULTATION REQUIREMENT.—Programs 6 and activities to improve livelihoods shall include 7 prior consultation with, and the participation of, af- 8 fected communities, including in the South Omo and 9 Gambella regions. 10 (3) FOREIGN MILITARY FINANCING PRO- 11 GRAM.—Funds 12 heading ‘‘Foreign Military Financing Program’’ for 13 assistance for Ethiopia may only be made available 14 for border security and counterterrorism programs, 15 support for international peacekeeping efforts, and 16 assistance for the Ethiopian Defense Command and 17 Staff College. 18 (d) LAKE CHAD BASIN COUNTRIES.—Funds appro- appropriated by this Act under the 19 priated by this Act for democracy programs for Cameroon, 20 Chad, Niger, and Nigeria should be made available to pro21 tect freedoms of expression, association and religion, in22 cluding support for journalists, civil society, and opposi23 tion political parties, and should be used to assist the gov24 ernments of such countries to strengthen accountability 25 and the rule of law, including within the security forces. •S 3117 PCS 212 1 (e) LORD’S RESISTANCE ARMY.—Of the funds appro- 2 priated by this Act under the heading ‘‘Economic Support 3 Fund’’, not less than $10,000,000 shall be made available 4 for programs and activities in areas affected by the Lord’s 5 Resistance Army (LRA) consistent with the goals of the 6 Lord’s Resistance Army Disarmament and Northern 7 Uganda Recovery Act (Public Law 111–172), including to 8 improve physical access, telecommunications infrastruc9 ture, and early-warning mechanisms and to support the 10 disarmament, demobilization, and reintegration of former 11 LRA combatants, especially child soldiers. 12 (f) SOUTH SUDAN.— 13 (1) ASSISTANCE.—Funds appropriated by this 14 Act that are made available for assistance for South 15 Sudan should— 16 (A) be prioritized for programs that re- 17 spond to humanitarian needs and the delivery 18 of basic services and to mitigate conflict and 19 promote stability, including to address protec- 20 tion needs and prevent and respond to gender- 21 based violence; 22 (B) support programs that build resilience 23 of communities to address food insecurity, 24 maintain educational opportunities, and en- 25 hance local governance; •S 3117 PCS 213 1 (C) be used to advance democracy and ac- 2 countability for war crimes, including support 3 for civil society, independent media, and other 4 means to strengthen the rule of law; 5 (D) support the transparent and sustain- 6 able management of natural resources by assist- 7 ing the Government of South Sudan in con- 8 ducting regular audits of financial accounts, in- 9 cluding revenues from oil and gas, and the 10 timely public disclosure of such audits; and 11 (E) support the professionalization of secu- 12 rity forces, including human rights and ac- 13 countability to civilian authorities. 14 (2) CERTIFICATION.—None of the funds appro- 15 priated by this Act that are available for assistance 16 for the central Government of South Sudan may be 17 made available until the Secretary of State certifies 18 and reports to the Committees on Appropriations 19 that such government is taking effective steps to— 20 (A) end hostilities and pursue good faith 21 negotiations for a political settlement of the in- 22 ternal conflict; 23 24 (B) provide access for humanitarian organizations; •S 3117 PCS 214 1 2 (C) end the recruitment and use of child soldiers; 3 4 (D) protect freedoms of expression, association, and assembly; 5 6 (E) reduce corruption related to the extraction and sale of oil and gas; and 7 (F) establish democratic institutions, in- 8 cluding accountable military and police forces 9 under civilian authority. 10 11 (3) EXCLUSIONS.—The limitation of paragraph (2) shall not apply to— 12 (A) humanitarian assistance; 13 (B) assistance to support South Sudan 14 peace negotiations or to advance or implement 15 a peace agreement; and 16 (C) assistance to support implementation 17 of outstanding issues of the Comprehensive 18 Peace Agreement and mutual arrangements re- 19 lated to such Agreement. 20 (g) SUDAN.— 21 (1) LIMITATION.—Notwithstanding any other 22 provision of law, none of the funds appropriated by 23 this Act may be made available for assistance for the 24 Government of Sudan. •S 3117 PCS 215 1 (2) LIMITATION ON LOANS.—None of the funds 2 appropriated by this Act may be made available for 3 the cost, as defined in section 502 of the Congres- 4 sional Budget Act of 1974, of modifying loans and 5 loan guarantees held by the Government of Sudan, 6 including the cost of selling, reducing, or canceling 7 amounts owed to the United States, and modifying 8 concessional loans, guarantees, and credit agree- 9 ments. 10 11 (3) EXCLUSIONS.—The limitations of paragraphs (1) and (2) shall not apply to— 12 (A) humanitarian assistance; 13 (B) assistance for democracy programs; 14 (C) assistance for the Darfur region, 15 Southern Kordofan State, Blue Nile State, 16 other marginalized areas and populations in 17 Sudan, and Abyei; and 18 (D) assistance to support implementation 19 of outstanding issues of the Comprehensive 20 Peace Agreement, mutual arrangements related 21 to post-referendum issues associated with such 22 Agreement, or any other internationally recog- 23 nized viable peace agreement in Sudan. 24 (h) ZIMBABWE.— •S 3117 PCS 216 1 (1) INSTRUCTION.—The Secretary of the Treas- 2 ury shall instruct the United States executive direc- 3 tor of each international financial institution to vote 4 against any extension by the respective institution of 5 any loan or grant to the Government of Zimbabwe, 6 except to meet basic human needs or to promote de- 7 mocracy, unless the Secretary of State certifies and 8 reports to the Committees on Appropriations that 9 the rule of law has been restored, including respect 10 for ownership and title to property, and freedoms of 11 expression, association, and assembly. 12 (2) LIMITATIONS.—None of the funds appro- 13 priated by this Act shall be made available for as- 14 sistance for the central Government of Zimbabwe, 15 except for health and education, unless the Secretary 16 of State certifies and reports as required in para- 17 graph (1), and funds may be made available for 18 macroeconomic growth assistance if the Secretary 19 reports to the Committees on Appropriations that 20 such government is implementing transparent fiscal 21 policies, including public disclosure of revenues from 22 the extraction of natural resources. 23 24 EAST ASIA AND THE PACIFIC SEC. 7043. (a) ASIA REBALANCING INITIATIVE.— 25 Except for paragraphs (1)(C), (4), (5)(B) and (C), and •S 3117 PCS 217 1 6(B), section 7043(a) of the Department of State, Foreign 2 Operations, and Related Programs Appropriations Act, 3 2015 (division J of Public Law 113–235) shall continue 4 in effect during fiscal year 2017: Provided, That section 5 7043(a)(8) of such Act shall be applied to funds appro6 priated by this Act by adding ‘‘East Asia,’’ before ‘‘South7 east Asia’’. 8 9 (b) BURMA.— (1) BILATERAL ECONOMIC ASSISTANCE.— 10 (A) Funds appropriated by this Act under 11 the heading ‘‘Economic Support Fund’’ for as- 12 sistance for Burma may be made available not- 13 withstanding any other provision of law, except 14 for this subsection, and following consultation 15 with the appropriate congressional committees. 16 (B) Funds appropriated under title III of 17 this Act for assistance for Burma— 18 (i) shall be made available to 19 strengthen civil society organizations in 20 Burma, including as core support for such 21 organizations; 22 (ii) shall be made available for the im- 23 plementation of the democracy and human 24 rights 25 7043(b)(3)(A) of the Department of State, •S 3117 PCS strategy required by section 218 1 Foreign Operations, and Related Programs 2 Appropriations Act, 2014 (division K of 3 Public Law 113–76); 4 (iii) shall be made available for com- 5 munity-based organizations operating in 6 Thailand to provide food, medical, and 7 other humanitarian assistance to internally 8 displaced persons in eastern Burma, in ad- 9 dition to assistance for Burmese refugees 10 from funds appropriated by this Act under 11 the heading ‘‘Migration and Refugee As- 12 sistance’’; 13 (iv) shall be made available for pro- 14 grams to promote ethnic and religious tol- 15 erance, including in Rakhine and Kachin 16 states; 17 (v) may not be made available to any 18 successor or affiliated organization of the 19 State Peace and Development Council 20 (SPDC) controlled by former SPDC mem- 21 bers that promotes the repressive policies 22 of the SPDC, or to any individual or orga- 23 nization credibly alleged to have committed 24 gross violations of human rights, including •S 3117 PCS 219 1 against 2 groups; Rohingya and other minority 3 (vi) may be made available for pro- 4 grams administered by the Office of Tran- 5 sition Initiatives, United States Agency for 6 International 7 groups and civil society in Burma to help 8 sustain ceasefire agreements and further 9 prospects for reconciliation and peace, 10 which may include support to representa- 11 tives of ethnic armed groups for this pur- 12 pose; and Development, for ethnic 13 (vii) may not be made available to any 14 organization or individual the Secretary of 15 State determines and reports to the appro- 16 priate congressional committees advocates 17 violence against ethnic or religious groups 18 and individuals in Burma. 19 (2) INTERNATIONAL SECURITY ASSISTANCE.— 20 None of the funds appropriated by this Act under 21 the headings ‘‘International Military Education and 22 Training’’ and ‘‘Foreign Military Financing Pro- 23 gram’’ may be made available for assistance for 24 Burma: Provided, That the Department of State 25 may continue consultations with the armed forces of •S 3117 PCS 220 1 Burma only on human rights and disaster response 2 in a manner consistent with the prior fiscal year, 3 and following consultation with the appropriate con- 4 gressional committees. 5 (3) MULTILATERAL ASSISTANCE.—The Sec- 6 retary of the Treasury should instruct the United 7 States executive director of each international finan- 8 cial institution to use the voice and vote of the 9 United States to support projects in Burma only if 10 such projects are developed and carried out in ac- 11 cordance 12 7029(b)(2) of this Act. 13 14 with the (4) PROGRAMS, requirements of section POSITION, AND RESPONSIBIL- ITIES.— 15 (A) Any new program or activity in Burma 16 initiated in fiscal year 2017 shall be subject to 17 prior consultation with the appropriate congres- 18 sional committees. 19 (B) Section 7043(b)(7) of the Department 20 of State, Foreign Operations, and Related Pro- 21 grams Appropriations Act, 2015 (division J of 22 Public Law 113–235) shall continue in effect 23 during fiscal year 2017. 24 (c) CAMBODIA.— •S 3117 PCS 221 1 (1) DETERMINATION.—None of the funds ap- 2 propriated by this Act may be made available for as- 3 sistance for Cambodia unless the Secretary of State 4 determines and reports to the appropriate congres- 5 sional committees that the Government of Cambodia 6 has ceased violence and harassment against civil so- 7 ciety in Cambodia, including the political opposition. 8 (2) KHMER ROUGE TRIBUNAL.—Funds appro- 9 priated by this Act that are made available for as- 10 sistance for Cambodia may only be made available 11 for a contribution to the Extraordinary Chambers in 12 the Court of Cambodia (ECCC) if the Secretary of 13 State certifies and reports to the Committees on Ap- 14 propriations that the ECCC will consider Case 003: 15 Provided, That such funds shall be subject to prior 16 consultation with, and the regular notification proce- 17 dures of, such Committees: Provided further, That 18 the Secretary of State shall seek reimbursements 19 from the Principal Donors Group for the Docu- 20 mentation Center of Cambodia for costs incurred in 21 support of the ECCC. 22 (3) RESEARCH AND EDUCATION.—Funds made 23 available by this Act for democracy programs in 24 Cambodia shall be made available for research and •S 3117 PCS 222 1 education programs associated with the Khmer 2 Rouge genocide in Cambodia. 3 (d) NORTH KOREA.— 4 (1) BROADCASTS.—Funds appropriated by this 5 Act under the heading ‘‘International Broadcasting 6 Operations’’ shall be made available to maintain 7 broadcasting hours into North Korea at levels con- 8 sistent with the prior fiscal year. 9 (2) REFUGEES.—Funds appropriated by this 10 Act under the heading ‘‘Migration and Refugee As- 11 sistance’’ should be made available for assistance for 12 refugees from North Korea, including protection ac- 13 tivities in the People’s Republic of China and other 14 countries in Asia. 15 (3) DATABASE AND REPORT.—Funds appro- 16 priated by this Act under title III shall be made 17 available to maintain a database of prisons and 18 gulags in North Korea, in accordance with section 19 7032(i) of the Department of State, Foreign Oper- 20 ations, and Related Programs Appropriations Act, 21 2014 (division K of Public Law 113–76). 22 (4) LIMITATION ON USE OF FUNDS.—None of 23 the funds made available by this Act under the 24 heading ‘‘Economic Support Fund’’ may be made •S 3117 PCS 223 1 available for assistance for the Government of North 2 Korea. 3 (5) FAMILY 4 REUNIONS.— (A) AVAILABILITY OF FUNDS.—Funds ap- 5 propriated by this Act under the heading ‘‘Dip- 6 lomatic and Consular Programs’’ may be made 7 available for the consultations described in S. 8 2657 (as introduced in the Senate on March 9, 9 2016) regarding family reunions between Ko- 10 rean Americans and North Koreans who were 11 separated following the signing of the Korean 12 War Armistice Agreement. 13 (B) REPORTING REQUIREMENT.—The Sec- 14 retary of State shall include as part of the re- 15 port required under section 107(d) of the North 16 Korean Human Rights Act of 2004 (22 U.S.C. 17 7817) a description of the consultations de- 18 scribed under subparagraph (A) conducted dur- 19 ing the year preceding the submission of such 20 report: Provided, That such report may include 21 a classified annex. 22 23 (e) PEOPLE’S REPUBLIC OF CHINA.— (1) LIMITATION ON USE OF FUNDS.—None of 24 the funds appropriated under the heading ‘‘Diplo- 25 matic and Consular Programs’’ in this Act may be •S 3117 PCS 224 1 obligated or expended for processing licenses for the 2 export of satellites of United States origin (including 3 commercial satellites and satellite components) to 4 the People’s Republic of China (PRC) unless, at 5 least 15 days in advance, the Committees on Appro- 6 priations are notified of such proposed action. 7 (2) PEOPLE’S LIBERATION ARMY.—The terms 8 and requirements of section 620(h) of the Foreign 9 Assistance Act of 1961 shall apply to foreign assist- 10 ance projects or activities of the People’s Liberation 11 Army (PLA) of the PRC, to include such projects or 12 activities by any entity that is owned or controlled 13 by, or an affiliate of, the PLA: Provided, That none 14 of the funds appropriated or otherwise made avail- 15 able pursuant to this Act may be used to finance 16 any grant, contract, or cooperative agreement with 17 the PLA, or any entity that the Secretary of State 18 has reason to believe is owned or controlled by, or 19 an affiliate of, the PLA. 20 (3) COUNTER INFLUENCE PROGRAMS.—Funds 21 appropriated by this Act for public diplomacy under 22 title I and for assistance under titles III and IV 23 shall be made available to counter the influence of 24 the PRC, in accordance with the strategy required 25 by section 7043(e)(3) of the Department of State, •S 3117 PCS 225 1 Foreign Operations, and Related Programs Appro- 2 priations Act, 2014 (division K of Public Law 113– 3 76), following consultation with the Committees on 4 Appropriations. 5 (f) THAILAND.—Of the funds appropriated by this 6 Act under the heading ‘‘Economic Support Fund’’, not 7 less than $4,000,000 shall be made available for democ8 racy and conflict resolution programs in Thailand. 9 10 (g) TIBET.— (1) FINANCING OF PROJECTS IN TIBET.—The 11 Secretary of the Treasury should instruct the United 12 States executive director of each international finan- 13 cial institution to use the voice and vote of the 14 United States to support financing of projects in 15 Tibet if such projects do not provide incentives for 16 the migration and settlement of non-Tibetans into 17 Tibet or facilitate the transfer of ownership of Ti- 18 betan land and natural resources to non-Tibetans, 19 are based on a thorough needs-assessment, foster 20 self-sufficiency of the Tibetan people and respect Ti- 21 betan culture and traditions, and are subject to ef- 22 fective monitoring. 23 (2) PROGRAMS FOR TIBETAN COMMUNITIES.— 24 (A) Notwithstanding any other provision of 25 law, of the funds appropriated by this Act •S 3117 PCS 226 1 under the heading ‘‘Economic Support Fund’’, 2 not less than $8,000,000 shall be made avail- 3 able to nongovernmental organizations to sup- 4 port activities which preserve cultural traditions 5 and promote sustainable development, edu- 6 cation, and environmental conservation in Ti- 7 betan communities in the Tibetan Autonomous 8 Region and in other Tibetan communities in the 9 People’s Republic of China. 10 (B) Of the funds appropriated by this Act 11 under the heading ‘‘Economic Support Fund’’, 12 not less than $6,000,000 shall be made avail- 13 able for programs to promote and preserve Ti- 14 betan culture, development, and the resilience 15 of Tibetan communities in India and Nepal, 16 and to assist in the education and development 17 of the next generation of Tibetan leaders from 18 such communities: Provided, That such funds 19 are in addition to amounts made available in 20 subparagraph (A) for programs inside Tibet. 21 22 (h) VIETNAM.— (1) DIOXIN REMEDIATION.—Notwithstanding 23 any other provision of law, of the funds appropriated 24 by this Act under the heading ‘‘Economic Support 25 Fund’’, not less than $20,000,000 shall be made •S 3117 PCS 227 1 available for activities related to the remediation of 2 dioxin contaminated sites in Vietnam and may be 3 made available for assistance for the Government of 4 Vietnam, including the military, for such purposes. 5 (2) HEALTH AND DISABILITY PROGRAMS.—Of 6 the funds appropriated by this Act under the head- 7 ing 8 $10,000,000 shall be made available for health and 9 disability programs in areas sprayed with Agent Or- 10 ange and otherwise contaminated with dioxin, to as- 11 sist individuals with severe upper or lower body mo- 12 bility impairment and/or cognitive or developmental 13 disabilities. ‘‘Development 14 15 16 Assistance’’, not less than SOUTH AND CENTRAL ASIA SEC. 7044. (a) AFGHANISTAN.— (1) DIPLOMATIC OPERATIONS.— 17 (A) FACILITIES.—Funds appropriated by 18 this Act under the headings ‘‘Diplomatic and 19 Consular Programs’’, ‘‘Embassy Security, Con- 20 struction, and Maintenance’’, and ‘‘Operating 21 Expenses’’ that are available for construction 22 and renovation of United States Government 23 facilities in Afghanistan may not be made avail- 24 able if the purpose is to accommodate Federal 25 employee positions or to expand aviation facili- •S 3117 PCS 228 1 ties or assets above those notified by the De- 2 partment of State and the United States Agen- 3 cy for International Development to the Com- 4 mittees on Appropriations, or contractors in ad- 5 dition to those in place on the date of enact- 6 ment of this Act: Provided, That the limitations 7 in this paragraph shall not apply if funds are 8 necessary to implement plans for accommo- 9 dating other United States Government agen- 10 cies under Chief of Mission authority per sec- 11 tion 3927 of title 22, United States Code, or to 12 protect such facilities or the security, health, 13 and welfare of United States Government per- 14 sonnel. 15 (B) PERSONNEL REPORT.—Not later than 16 30 days after enactment of this Act and every 17 120 days thereafter until September 30, 2017, 18 the Secretary of State shall submit a report, in 19 classified form if necessary, to the appropriate 20 congressional committees detailing by agency 21 the number of personnel present in Afghanistan 22 under Chief of Mission authority per section 23 3927 of title 22, United States Code, at the end 24 of the 120 day period preceding the submission 25 of such report: Provided, That such report shall •S 3117 PCS 229 1 also include the number of locally employed 2 staff and contractors supporting United States 3 Embassy operations in Afghanistan during the 4 reporting period. 5 (2) ASSISTANCE 6 AND CONDITIONS.— (A) FUNDING AND LIMITATIONS.—Funds 7 appropriated by this Act under the headings 8 ‘‘Economic Support Fund’’ and ‘‘International 9 Narcotics Control and Law Enforcement’’ may 10 be made available for assistance for Afghani- 11 stan: Provided, That such funds may not be ob- 12 ligated for any project or activity that— 13 (i) includes the participation of any 14 Afghan individual or organization, includ- 15 ing government entity, that the Secretary 16 of State determines to be involved in cor- 17 rupt practices, illicit narcotics production 18 or trafficking, or a violation of human 19 rights; 20 (ii) cannot be sustained, as appro- 21 priate, by the Government of Afghanistan 22 or another Afghan entity; 23 (iii) is inaccessible or not regularly ac- 24 cessible for the purposes of conducting ef- •S 3117 PCS 230 1 fective oversight in accordance with appli- 2 cable Federal statutes and regulations; or 3 (iv) initiates any new, major infra- 4 structure development. 5 (B) CERTIFICATION AND REPORT.—Prior 6 to the initial obligation of funds made available 7 by this Act under the headings ‘‘Economic Sup- 8 port Fund’’ and ‘‘International Narcotics Con- 9 trol and Law Enforcement’’ for assistance for 10 the central Government of Afghanistan, the 11 Secretary of State shall certify and report to 12 the Committees on Appropriations, after con- 13 sultation with the Government of Afghanistan, 14 that— 15 (i) goals and benchmarks for the spe- 16 cific uses of such funds have been estab- 17 lished by the Governments of the United 18 States and Afghanistan; 19 (ii) conditions are in place that in- 20 crease the transparency and accountability 21 of the Government of Afghanistan for 22 funds obligated under the New Develop- 23 ment Partnership; 24 (iii) the Government of Afghanistan is 25 implementing laws and policies to govern •S 3117 PCS 231 1 democratically and protect the rights of in- 2 dividuals, civil society, and the media, in- 3 cluding the Law on Mass Media and the 4 Access to Information Act; 5 (iv) the Government of Afghanistan is 6 taking consistent steps to protect and ad- 7 vance the rights of women and girls in Af- 8 ghanistan; 9 (v) the Government of Afghanistan is 10 reducing corruption and prosecuting indi- 11 viduals alleged to be involved in illegal ac- 12 tivities in Afghanistan; 13 (vi) monitoring and oversight frame- 14 works for programs implemented with such 15 funds are in accordance with all applicable 16 audit policies of the Department of State 17 and USAID; 18 (vii) the necessary policies and proce- 19 dures are in place to ensure Government of 20 Afghanistan compliance with section 7013 21 of this Act; and 22 (viii) the Government of Afghanistan 23 is publicly reporting its national budget, 24 including revenues and expenditures. •S 3117 PCS 232 1 (C) WAIVER.—The Secretary of State may 2 waive the certification requirement of subpara- 3 graph (B) if the Secretary determines that to 4 do so is important to the national security in- 5 terest of the United States and the Secretary 6 submits a report to the Committees on Appro- 7 priations, in classified form if necessary, on the 8 justification for the waiver and the reasons why 9 any of the requirements of subparagraph (B) 10 cannot be met. 11 (D) PROGRAMS.—Funds appropriated by 12 this Act that are made available for assistance 13 for Afghanistan shall be made available in the 14 following manner— 15 (i) not less than $50,000,000 shall be 16 made available for rule of law programs, 17 the decisions for which shall be the respon- 18 sibility of the Chief of Mission, in consulta- 19 tion with other appropriate United States 20 Government officials in Afghanistan; 21 (ii) for programs that protect the 22 rights of women and girls and promote the 23 political and economic empowerment of 24 women, including their meaningful inclu- 25 sion in political processes: Provided, That •S 3117 PCS 233 1 such assistance to promote economic em- 2 powerment of women shall be made avail- 3 able as grants to Afghan and international 4 organizations, to the maximum extent 5 practicable; 6 (iii) for programs in South and Cen- 7 tral Asia to expand linkages between Af- 8 ghanistan and countries in the region, sub- 9 ject to the regular notification procedures 10 of the Committees on Appropriations; 11 (iv) to assist the Government of Af- 12 ghanistan to increase revenue collection 13 and expenditure; and 14 (v) not less than $10,000,000 should 15 be made available for the Afghan Civilian 16 Assistance Program. 17 (E) TAXATION.—None of the funds appro- 18 priated by this Act and prior Acts making Ap- 19 propriations for the Department of State, for- 20 eign operations, and related programs for as- 21 sistance for Afghanistan may be made available 22 for direct government-to-government assistance 23 unless the Secretary of State certifies and re- 24 ports to the Committees on Appropriations that 25 United States companies and organizations that •S 3117 PCS 234 1 are implementing United States foreign assist- 2 ance programs in Afghanistan in a manner con- 3 sistent with United States laws and regulations 4 are not subjected by such government to taxes 5 or other fees in contravention of diplomatic and 6 other international agreements, or to retaliation 7 for the nonpayment of taxes or fees imposed in 8 the past: Provided, That not later than 90 days 9 after enactment of this Act, the Secretary of 10 State shall submit to the appropriate congres- 11 sional committees an assessment of the dollar 12 value of improper taxes or fees levied by such 13 government against such companies and organi- 14 zations in fiscal years 2014, 2015, and 2016. 15 (3) GOALS AND BENCHMARKS.—Not later than 16 90 days after enactment of this Act, the Secretary 17 of State shall submit to the appropriate congres- 18 sional committees a report describing the goals and 19 benchmarks required in paragraph (2)(B)(i): Pro- 20 vided, That not later than 6 months after the sub- 21 mission of such report and every 6 months there- 22 after until September 30, 2018, the Secretary of 23 State shall submit a report to such committees on 24 the status of achieving such goals and benchmarks: 25 Provided further, That the Secretary of State should •S 3117 PCS 235 1 suspend assistance for the Government of Afghani- 2 stan if any report required by this paragraph indi- 3 cates that such government is failing to make meas- 4 urable progress in meeting such goals and bench- 5 marks. 6 (4) AUTHORITIES.— 7 (A) Funds appropriated by this Act under 8 title III through VI that are made available for 9 assistance for Afghanistan may be made avail- 10 able— 11 (i) notwithstanding section 7012 of 12 this Act or any similar provision of law 13 and section 660 of the Foreign Assistance 14 Act of 1961; 15 (ii) for reconciliation programs and 16 disarmament, 17 integration activities for former combat- 18 ants who have renounced violence against 19 the Government of Afghanistan, in accord- 20 ance with section 7046(a)(2)(B)(ii) of the 21 Department of State, Foreign Operations, 22 and Related Programs Appropriations Act, 23 2012 (division I of Public Law 112–74); 24 and •S 3117 PCS demobilization, and re- 236 1 (iii) for an endowment to empower 2 women and girls. 3 (B) Section 7046(a)(2)(A) of division I of 4 Public Law 112–74 shall apply to funds appro- 5 priated by this Act for assistance for Afghani- 6 stan. 7 (C) Section 1102(c) of the Supplemental 8 Appropriations Act, 2009 (title XI of Public 9 Law 111–32) shall continue in effect during fis- 10 cal year 2017. 11 (5) BASING RIGHTS AGREEMENT.—None of the 12 funds made available by this Act may be used by the 13 United States Government to enter into a perma- 14 nent basing rights agreement between the United 15 States and Afghanistan. 16 (b) NEPAL.— 17 (1) BILATERAL ECONOMIC ASSISTANCE.—Not 18 less than $50,000,000 of the funds appropriated by 19 this Act under the heading ‘‘Development Assist- 20 ance’’ shall be made available for assistance for 21 Nepal for earthquake recovery and reconstruction 22 programs, which should— 23 24 (A) target affected communities on an equitable basis; and •S 3117 PCS 237 1 (B) include sufficient oversight mecha- 2 nisms, to include the participation of civil soci- 3 ety organizations. 4 (2) FOREIGN MILITARY FINANCING PRO- 5 GRAM.—Funds 6 heading ‘‘Foreign Military Financing Program’’ 7 shall only be made available for humanitarian and 8 disaster relief and reconstruction activities in Nepal, 9 and in support of international peacekeeping oper- 10 ations: Provided, That such funds may only be made 11 available for any additional uses if the Secretary of 12 State certifies and reports to the Committees on Ap- 13 propriations that the Government of Nepal is inves- 14 tigating and prosecuting violations of human rights 15 and the laws of war, and the Nepal Army is cooper- 16 ating fully with civilian judicial authorities in such 17 cases. 18 (c) PAKISTAN.— 19 appropriated by this Act under the (1) CERTIFICATION REQUIREMENT.—None of 20 the funds appropriated or otherwise made available 21 by this Act under the headings ‘‘Economic Support 22 Fund’’, ‘‘International Narcotics Control and Law 23 Enforcement’’, and ‘‘Foreign Military Financing 24 Program’’ for assistance for the Government of 25 Pakistan may be made available unless the Secretary •S 3117 PCS 238 1 of State certifies and reports to the Committees on 2 Appropriations that the Government of Pakistan 3 is— 4 (A) cooperating with the United States in 5 counterterrorism efforts against the Haqqani 6 Network, the Quetta Shura Taliban, Lashkar e- 7 Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and 8 other domestic and foreign terrorist organiza- 9 tions, including taking effective steps to end 10 support for such groups and prevent them from 11 basing and operating in Pakistan and carrying 12 out cross border attacks into neighboring coun- 13 tries; 14 (B) not supporting terrorist activities 15 against United States or coalition forces in Af- 16 ghanistan, and Pakistan’s military and intel- 17 ligence agencies are not intervening extra-judi- 18 cially into political and judicial processes in 19 Pakistan; 20 (C) not financing or otherwise supporting 21 schools supported by, affiliated with, or run by 22 the Taliban or any designated foreign terrorist 23 organization; •S 3117 PCS 239 1 (D) dismantling improvised explosive de- 2 vice (IED) networks and interdicting precursor 3 chemicals used in the manufacture of IEDs; 4 5 (E) preventing the proliferation of nuclearrelated material and expertise; 6 (F) issuing visas in a timely manner for 7 United States visitors engaged in counterter- 8 rorism efforts and assistance programs in Paki- 9 stan; and 10 (G) providing humanitarian organizations 11 access to detainees, internally displaced per- 12 sons, and other Pakistani civilians affected by 13 the conflict. 14 (2) WAIVER AND REPORTS.— 15 (A) The Secretary of State may waive the 16 certification requirement of paragraph (1) with 17 respect to funds appropriated or otherwise 18 made available by this Act under the headings 19 ‘‘Economic Support Fund’’ and ‘‘International 20 Narcotics Control and Law Enforcement’’ for 21 assistance for the Government of Pakistan if 22 the Secretary determines that to do so is impor- 23 tant to the national security interest of the 24 United States. •S 3117 PCS 240 1 (B) The Secretary of State may waive the 2 certification requirement of paragraph (1) with 3 respect to 85 percent of the funds appropriated 4 or otherwise made available by this Act under 5 the heading ‘‘Foreign Military Financing Pro- 6 gram’’ for assistance for the Government of 7 Pakistan if the Secretary determines that to do 8 so is important to the national security interest 9 of the United States: Provided, That funds 10 withheld by application of this subparagraph 11 shall be withheld from obligation until the Sec- 12 retary submits to the Committees on Appro- 13 priations the certification required by para- 14 graph (1). 15 (C) In exercising the authority of this 16 paragraph, the Secretary of State shall submit 17 a report to the Committees on Appropriations, 18 in classified form if necessary, on the justifica- 19 tion for any waivers in subparagraphs (A) and 20 (B) and the reasons why any of the require- 21 ments of paragraph (1) cannot be met. 22 (3) ASSISTANCE.— 23 (A) Funds appropriated by this Act under 24 the heading ‘‘Foreign Military Financing Pro- 25 gram’’ for assistance for Pakistan may be made •S 3117 PCS 241 1 available only to support counterterrorism and 2 counterinsurgency capabilities in Pakistan. 3 (B) Funds appropriated by this Act under 4 the headings ‘‘Economic Support Fund’’ and 5 ‘‘Nonproliferation, 6 and Related Programs’’ that are available for 7 assistance for Pakistan shall be made available 8 to interdict precursor materials from Pakistan 9 to Afghanistan that are used to manufacture 10 IEDs, including calcium ammonium nitrate; to 11 support programs to train border and customs 12 officials in Pakistan and Afghanistan; and for 13 agricultural extension programs that encourage 14 alternative fertilizer use among Pakistani farm- 15 ers. Anti-terrorism, Demining 16 (C) Funds appropriated by this Act under 17 the heading ‘‘Economic Support Fund’’ that are 18 made available for assistance for infrastructure 19 projects in Pakistan shall be implemented in a 20 manner consistent with section 507(6) of the 21 Trade Act of 1974 (19 U.S.C. 2467(6)). 22 (D) Funds appropriated by this Act under 23 titles III and IV for assistance for Pakistan 24 may be made available notwithstanding any •S 3117 PCS 242 1 other provision of law, except for section 620M 2 of the Foreign Assistance Act of 1961. 3 (E) Of the funds appropriated under titles 4 III and IV of this Act that are made available 5 for assistance for Pakistan, $33,000,000 shall 6 be withheld from obligation until the Secretary 7 of State reports to the Committees on Appro- 8 priations that Dr. Shakil Afridi has been re- 9 leased from prison and cleared of all charges re- 10 lating to the assistance provided to the United 11 States in locating Osama bin Laden. 12 (4) SCHOLARSHIPS FOR WOMEN.—The author- 13 ity and directives of section 7044(d)(4) of the De- 14 partment of State, Foreign Operations, and Related 15 Programs Appropriations Act, 2015 (division J of 16 Public Law 113–235) shall apply to funds appro- 17 priated by this Act that are made available for as- 18 sistance for Pakistan. 19 (5) REPORTS.— 20 (A)(i) Not later than 6 months after sub- 21 mission of the spend plan required by section 22 7076 of this Act for assistance for Pakistan, 23 and each 6 months thereafter until September 24 30, 2018, the Secretary of State shall submit a 25 report to the Committees on Appropriations on •S 3117 PCS 243 1 the status of achieving the goals and bench- 2 marks in such plan. 3 (ii) The Secretary of State should suspend 4 assistance for the Government of Pakistan if 5 any report required by clause (i) indicates that 6 Pakistan is failing to make measurable progress 7 in meeting such goals or benchmarks. 8 (B) Not later than 90 days after enact- 9 ment of this Act, the Secretary of State shall 10 submit a report to the Committees on Appro- 11 priations detailing the costs and objectives asso- 12 ciated with significant infrastructure projects 13 supported by the United States in Pakistan 14 during the previous fiscal year, and an assess- 15 ment of the extent to which such projects 16 achieve such objectives. 17 (6) OVERSIGHT.—The Secretary of State shall 18 take all practicable steps to ensure that mechanisms 19 are in place for monitoring, oversight, and control of 20 funds made available by this subsection for assist- 21 ance for Pakistan, and shall provide the Committees 22 on Appropriations with a description of the vetting 23 procedures to be used for recipients of assistance 24 made available under title IV of this Act. 25 (d) SRI LANKA.— •S 3117 PCS 244 1 (1) BILATERAL ECONOMIC ASSISTANCE.— 2 Funds appropriated by this Act under the heading 3 ‘‘Economic Support Fund’’ shall be made available 4 for assistance for Sri Lanka for democracy and eco- 5 nomic development programs, particularly in areas 6 recovering from ethnic and religious conflict: Pro- 7 vided, That such funds shall be made available for 8 programs to assist in the identification and resolu- 9 tion of cases of missing persons. 10 (2) CERTIFICATION.—Funds appropriated by 11 this Act for assistance for the central Government of 12 Sri Lanka may be made available only if the Sec- 13 retary of State certifies and reports to the Commit- 14 tees on Appropriations that the Government of Sri 15 Lanka is— 16 (A) taking steps to repeal the Prevention 17 of Terrorism Act (PTA), including releasing or 18 charging all individuals detained pursuant to 19 the PTA; 20 21 (B) increasing accountability and transparency in governance; and 22 (C) supporting a credible justice mecha- 23 nism in compliance with United Nations 24 Human Rights Council Resolution (A/HCR/30/ 25 L.29) of October, 2015. •S 3117 PCS 245 1 (3) INTERNATIONAL SECURITY ASSISTANCE.— 2 Funds appropriated under title IV of this Act that 3 are available for assistance for Sri Lanka shall be 4 subject to the following conditions— 5 (A) funds under the heading ‘‘Foreign 6 Military Financing Program’’ may only be 7 made available for programs to redeploy, re- 8 structure, and reduce the size of the Sri 9 Lankan armed forces (to include support for 10 international peacekeeping) and shall not ex- 11 ceed $400,000; 12 (B) funds under the heading ‘‘Inter- 13 national Military Education and Training’’ may 14 only be made available for training related to 15 international peacekeeping operations and Ex- 16 panded International Military Education and 17 Training; and 18 (C) funds under the heading ‘‘Peace- 19 keeping Operations’’ may only be made avail- 20 able for training related to international peace- 21 keeping operations. 22 (e) REGIONAL PROGRAMS.— 23 (1) CROSS BORDER PROGRAMS.—Funds appro- 24 priated by this Act under the heading ‘‘Economic 25 Support Fund’’ for assistance for Afghanistan and •S 3117 PCS 246 1 Pakistan may be provided, notwithstanding any 2 other provision of law that restricts assistance to 3 foreign countries, for cross border stabilization and 4 development programs between Afghanistan and 5 Pakistan, or between either country and the Central 6 Asian countries. 7 (2) SECURITY AND JUSTICE PROGRAMS.— 8 Funds appropriated by this Act under the headings 9 ‘‘Economic Support Fund’’, ‘‘International Narcotics 10 Control and Law Enforcement’’, and ‘‘Assistance for 11 Europe, Eurasia and Central Asia’’ that are avail- 12 able for assistance for countries in South and Cen- 13 tral Asia shall be made available to enhance the re- 14 cruitment, retention, and professionalism of women 15 in the judiciary, police, and other security forces. 16 LATIN AMERICA AND THE CARIBBEAN 17 SEC. 7045. (a) UNITED STATES ENGAGEMENT IN 18 CENTRAL AMERICA.— 19 (1) FUNDING.—Subject to the requirements of 20 this subsection, of the funds appropriated under ti- 21 tles III and IV of this Act, up to $650,575,000 may 22 be made available for assistance for countries in 23 Central America to implement the United States 24 Strategy for Engagement in Central America (the 25 Strategy) in support of the Plan of the Alliance for •S 3117 PCS 247 1 Prosperity in the Northern Triangle of Central 2 America (the Plan): Provided, That the Secretary of 3 State and Administrator of the United States Agen- 4 cy for International Development shall prioritize 5 such assistance to address the key factors in such 6 countries contributing to the migration of unaccom- 7 panied, undocumented minors to the United States: 8 Provided further, That such funds shall be made 9 available to the maximum extent practicable on a 10 11 cost-matching basis. (2) PRE-OBLIGATION REQUIREMENTS.—Prior 12 to the obligation of funds made available pursuant 13 to paragraph (1), the Secretary of State shall submit 14 to the Committees on Appropriations a multi-year 15 spend plan updated from fiscal year 2016: Provided, 16 That such updated spend plan shall also include a 17 description of how such assistance will differ from, 18 complement, and leverage funds allocated by each 19 government and other donors, including inter- 20 national financial institutions. 21 (3) ASSISTANCE FOR THE CENTRAL GOVERN- 22 MENTS OF EL SALVADOR, GUATEMALA, AND HON- 23 DURAS.—Of 24 paragraph (1) that are available for assistance for 25 each of the central governments of El Salvador, •S 3117 PCS the funds made available pursuant to 248 1 Guatemala, and Honduras, the following amounts 2 shall be withheld from obligation and may only be 3 made available as follows: 4 (A) 25 percent may only be obligated after 5 the Secretary of State certifies and reports to 6 the appropriate congressional committees that 7 such government is taking effective steps, which 8 are in addition to steps taken during the pre- 9 vious calendar year, to— 10 (i) inform its citizens of the dangers 11 of the journey to the southwest border of 12 the United States; 13 (ii) combat human smuggling and 14 trafficking; 15 (iii) improve border security, including 16 to prevent trafficking in person, illicit 17 drugs, and other contraband; and 18 (iv) cooperate with United States Gov- 19 ernment agencies and other governments 20 in the region to facilitate the return, repa- 21 triation, and reintegration of illegal mi- 22 grants arriving at the southwest border of 23 the United States who do not qualify as 24 refugees, consistent with international law. •S 3117 PCS 249 1 (B) An additional 50 percent may only be 2 obligated after the Secretary of State consults 3 with, and subsequently certifies and reports to, 4 the appropriate congressional committees that 5 such government is taking effective steps, which 6 are in addition to steps taken during the pre- 7 vious calendar year, to— 8 (i) establish an autonomous, publicly 9 accountable entity to provide oversight of 10 the Plan; 11 (ii) combat corruption, including in- 12 vestigating and prosecuting government of- 13 ficials credibly alleged to be corrupt; 14 (iii) implement reforms, policies, and 15 programs to improve transparency and 16 strengthen public institutions, including in- 17 creasing the capacity and independence of 18 the judiciary and the Office of the Attor- 19 ney General; 20 (iv) implement a policy that local com- 21 munities, civil society organizations (in- 22 cluding indigenous and other marginalized 23 groups), and local governments are con- 24 sulted in the design, and participate in the 25 implementation and evaluation of, activi- •S 3117 PCS 250 1 ties of the Plan that affect such commu- 2 nities, organizations, and governments; 3 (v) counter the activities of criminal 4 gangs, drug traffickers, and organized 5 crime; 6 (vi) investigate and prosecute in the 7 civilian justice system military and police 8 personnel who are credibly alleged to have 9 violated human rights, and ensure that the 10 military and police are cooperating in such 11 cases; 12 (vii) cooperate fully with commissions 13 against impunity, as appropriate, and with 14 regional human rights entities; 15 (viii) support programs to reduce pov- 16 erty, expand education and vocational 17 training for at-risk youth, create jobs, and 18 promote equitable economic growth par- 19 ticularly in areas contributing to large 20 numbers of migrants; 21 (ix) establish and implement a plan, 22 with benchmarks and timetables, to create 23 a professional, accountable civilian police 24 force and end the role of the military in in- 25 ternal policing; •S 3117 PCS 251 1 (x) protect the right of political oppo- 2 sition parties, journalists, trade unionists, 3 human rights defenders, and other civil so- 4 ciety activists to operate without inter- 5 ference; 6 (xi) increase government revenues, in- 7 cluding by implementing tax reforms and 8 strengthening customs agencies; and 9 (xii) resolve commercial disputes, in- 10 cluding the confiscation of real property, 11 between United States entities and such 12 government. 13 (4) SUSPENSION 14 OF ASSISTANCE AND PERIODIC REVIEW.— 15 (A) The Secretary of State shall periodi- 16 cally review the progress of each of the central 17 governments of El Salvador, Guatemala, and 18 Honduras in meeting the requirements of para- 19 graphs (3)(A) and (3)(B) and shall, not later 20 than September 30, 2017, submit to the appro- 21 priate congressional committees a report assess- 22 ing such progress: Provided, That if the Sec- 23 retary determines that sufficient progress has 24 not been made by a central government, the 25 Secretary shall suspend, in whole or in part, as- •S 3117 PCS 252 1 sistance for such government for programs sup- 2 porting such requirement, and shall notify such 3 committees in writing of such action: Provided 4 further, That the Secretary may resume funding 5 for such programs only after the Secretary cer- 6 tifies to such committees that corrective meas- 7 ures have been taken. 8 (B) The Secretary of State shall, following 9 a change of national government in El Sal- 10 vador, Guatemala, or Honduras, determine and 11 report to the appropriate congressional commit- 12 tees that any new government has committed to 13 take the steps to meet the requirements of 14 paragraphs (3)(A) and (3)(B): Provided, That 15 if the Secretary is unable to make such a deter- 16 mination in a timely manner, assistance made 17 available under this subsection for such central 18 government shall be suspended, in whole or in 19 part, until such time as such determination and 20 report can be made. 21 (5) PROGRAMS AND TRANSFER OF FUNDS.— 22 (A) Funds appropriated by this Act for the 23 Central America Regional Security Initiative 24 may be made available, after consultation with, 25 and subject to the regular notification proce- •S 3117 PCS 253 1 dures of, the Committees on Appropriations, to 2 support international commissions against im- 3 punity in Honduras and El Salvador, if such 4 commissions are established. 5 (B) The Department of State and USAID 6 may, following consultation with the Commit- 7 tees on Appropriations, transfer funds made 8 available by this Act under the heading ‘‘Devel- 9 opment Assistance’’ to the Inter-American De- 10 velopment Bank and the Inter-American Foun- 11 dation for technical assistance in support of the 12 Strategy. 13 (C) Of the funds appropriated by this Act 14 under the heading ‘‘Economic Support Fund’’ 15 that are made available for State Western 16 Hemisphere Regional programs, not less than 17 $7,000,000 shall be transferred to, and merged 18 with, funds appropriated by this Act under the 19 heading ‘‘International Organizations and Pro- 20 grams’’ for the Inter-American Commission on 21 Human Rights, Organization of American 22 States. 23 (b) COLOMBIA.— 24 (1) ASSISTANCE.—Of the funds appropriated by 25 this Act under titles III and IV, not less than •S 3117 PCS 254 1 $391,253,000 shall be made available for assistance 2 for Colombia, including to support the efforts of the 3 Government of Colombia to— 4 (A) conduct a unified campaign against 5 narcotics trafficking, organizations designated 6 as foreign terrorist organizations pursuant to 7 section 219 of the Immigration and Nationality 8 Act (8 U.S.C. 1189), and other criminal or ille- 9 gal armed groups: Provided, That aircraft sup- 10 ported by funds made available by this Act and 11 prior Acts making appropriations for the De- 12 partment of State, foreign operations, and re- 13 lated programs may be used to transport per- 14 sonnel and supplies involved in drug eradication 15 and interdiction, including security for such ac- 16 tivities, and to provide transport in support of 17 alternative development programs and inves- 18 tigations by civilian judicial authorities; 19 20 (B) enhance security and improve access to justice; 21 22 (C) promote economic and social development; and 23 (D) implement a peace agreement between 24 the Government of Colombia and illegal armed 25 groups, in accordance with constitutional and •S 3117 PCS 255 1 legal requirements in Colombia, and that has 2 the support of the people of Colombia: 3 Provided, That such funds shall be subject to prior 4 consultation with, and the regular notification proce- 5 dures of, the Committees on Appropriations. 6 (2) PRE-OBLIGATION REQUIREMENTS.—Prior 7 to the obligation of funds made available pursuant 8 to paragraph (1), the Secretary of State, in con- 9 sultation with the USAID Administrator, shall sub- 10 mit to the Committees on Appropriations— 11 (A) a multi-year spend plan; and 12 (B) with respect to any such funds made 13 available for assistance to support the efforts of 14 the Government of Colombia to implement a 15 peace agreement, a spend plan that includes— 16 (i) a detailed estimate of the funding 17 requirements by fiscal year and appropria- 18 tions account of all United States assist- 19 ance required to support the successful im- 20 plementation of such agreement, including 21 in areas most affected by conflict, in fiscal 22 year 2017 and the subsequent four fiscal 23 years; 24 (ii) a detailed estimate by fiscal year 25 of the commitments and expenditures re- •S 3117 PCS 256 1 quired by the Government of Colombia to 2 implement such agreement in fiscal year 3 2017 and the subsequent four fiscal years; 4 and 5 (iii) a description of how such assist- 6 ance will differ from, complement, and le- 7 verage funds allocated by the Government 8 of Colombia and other donors, including 9 international financial institutions. 10 (3) REFUGEES AND HUMAN RIGHTS.—Of the 11 funds made available pursuant to paragraph (1) 12 under the heading ‘‘Economic Support Fund’’— 13 (A) not less than $7,000,000 shall be 14 transferred to, and merged with, funds appro- 15 priated by this Act under the heading ‘‘Migra- 16 tion and Refugee Assistance’’ for assistance for 17 Colombian refugees in neighboring countries; 18 and 19 (B) not less than $9,000,000 shall be 20 made available for programs to protect human 21 rights, of which not less than $1,000,000 shall 22 be made available for the Office of the United 23 Nations High Commissioner for Human Rights 24 in Colombia. •S 3117 PCS 257 1 (4) Of the funds appropriated by this Act under 2 the heading ‘‘Foreign Military Financing Program’’ 3 for assistance for Colombia, 20 percent may be obli- 4 gated only if the Secretary of State certifies and re- 5 ports to the Committees on Appropriations that— 6 (A) the Peace Tribunal and other judicial 7 bodies within the special jurisdiction for peace 8 are independent and have authority to docu- 9 ment truth declarations from perpetrators of 10 gross violations of human rights and to sen- 11 tence such perpetrators to meaningful sanc- 12 tions, including victims’ reparations, guarantee 13 of non-repetition, and depravation of liberty; 14 (B) military personnel responsible for or- 15 dering, committing, or covering up cases of 16 false positives, including those in command au- 17 thority, are being investigated, prosecuted, and 18 appropriately sanctioned, and military officers 19 credibly alleged to have committed such crimes 20 are removed from positions of command author- 21 ity until the completion of judicial proceedings; 22 and 23 (C) the Government of Colombia is con- 24 tinuing to dismantle illegal armed groups, tak- 25 ing effective steps to protect the rights of •S 3117 PCS 258 1 human rights defenders, journalists, trade 2 unionists, and other social activities, and pro- 3 tecting the rights and territory of indigenous 4 and Afro-Colombian communities: 5 Provided, That the limitations of this paragraph 6 shall not apply to funds made available under such 7 heading for aviation instruction and maintenance, 8 and maritime and riverine security programs. 9 (c) CUBA.— 10 (1) Of the funds appropriated by this Act under 11 the heading ‘‘Economic Support Fund’’, not more 12 than $15,000,000 shall be made available for democ- 13 racy programs for Cuba. 14 (2) Of the funds made available under para- 15 graph (1), not less than $3,000,000 shall be made 16 available to the United States Agency for Inter- 17 national Development to support— 18 19 (A) free enterprise and private business organizations; and 20 (B) people-to-people educational and cul- 21 tural activities. 22 (3) For purposes of paragraph (2), activities 23 described in such paragraph shall be considered de- 24 mocracy programs pursuant to section 7032(c) of 25 this Act, except that none of the funds made avail- •S 3117 PCS 259 1 able under such paragraph may be used for assist- 2 ance for the Government of Cuba. 3 4 (4) Funds appropriated under title I of this Act may be made available for— 5 (A) the operation of, and infrastructure 6 and security improvements to, United States 7 diplomatic facilities in Cuba; and 8 9 (B) costs associated with additional United States diplomatic personnel in Cuba. 10 (5) Notwithstanding any other provision of law 11 enacted prior to this Act, United States payments to 12 the Inter-American Development Bank (‘‘IDB’’) 13 shall not be withheld if IDB awards grants for the 14 purpose of hiring consultants and the payment of 15 other costs related to technical assistance to facili- 16 tate transparency, private sector development, and 17 other structural reforms of the Cuban economy: Pro- 18 vided, That assistance under this paragraph may not 19 exceed $2,500,000 during fiscal year 2017. 20 (d) HAITI.— 21 (1) FUNDING.—Of the funds appropriated by 22 this Act, not more than $183,168,000 may be made 23 available for assistance for Haiti. 24 (2) CERTIFICATION.—Funds made available in 25 paragraph (1) may not be made available for assist- •S 3117 PCS 260 1 ance for the central Government of Haiti unless the 2 Secretary of State certifies and reports to the Com- 3 mittees on Appropriations that such government is 4 taking effective steps, which are in addition to steps 5 taken during the previous calendar year, to— 6 (A) hold new, inclusive, transparent and 7 credible parliamentary and presidential elections 8 and seat a new Haitian Parliament and Presi- 9 dent; 10 (B) strengthen the rule of law in Haiti, in- 11 cluding by reducing pre-trial detention and se- 12 lecting judges in a transparent manner; respect 13 the independence of the judiciary; and improve 14 governance by implementing reforms to increase 15 transparency and accountability; 16 (C) combat corruption, including by imple- 17 menting the anti-corruption law enacted in 18 2014 and prosecuting corrupt officials; and 19 (D) increase government revenues, includ- 20 ing by implementing tax reforms, and increase 21 expenditures on public services. 22 (3) HAITIAN COAST GUARD.—The Government 23 of Haiti shall be eligible to purchase defense articles 24 and services under the Arms Export Control Act (22 25 U.S.C. 2751 et seq.) for the Coast Guard. •S 3117 PCS 261 1 EUROPE 2 SEC. 7046. (a) ASSISTANCE FOR UKRAINE.—Of the 3 funds appropriated by this Act under titles III through 4 VI, not less than $294,857,000 shall be made available 5 for assistance for Ukraine. 6 (b) LIMITATION.—None of the funds appropriated by 7 this Act may be made available for assistance for a govern8 ment of an Independent State of the former Soviet Union 9 if such government directs any action in violation of the 10 territorial integrity or national sovereignty of any other 11 Independent State of the former Soviet Union, such as 12 those violations included in the Helsinki Final Act: Pro13 vided, That except as otherwise provided in section 14 7070(a) of this Act, funds may be made available without 15 regard to the restriction in this subsection if the President 16 determines that to do so is in the national security interest 17 of the United States: Provided further, That prior to exe18 cuting the authority contained in the previous proviso the 19 Secretary of State shall consult with the Committees on 20 Appropriations on how such assistance supports the na21 tional security interest of the United States. 22 (c) SECTION 907 OF THE FREEDOM SUPPORT 23 ACT.—Section 907 of the FREEDOM Support Act shall 24 not apply to— •S 3117 PCS 262 1 (1) activities to support democracy or assist- 2 ance under title V of the FREEDOM Support Act 3 and section 1424 of the Defense Against Weapons 4 of Mass Destruction Act of 1996 (50 U.S.C. 2333) 5 or non-proliferation assistance; 6 (2) any assistance provided by the Trade and 7 Development Agency under section 661 of the For- 8 eign Assistance Act of 1961 (22 U.S.C. 2421); 9 (3) any activity carried out by a member of the 10 United States and Foreign Commercial Service while 11 acting within his or her official capacity; 12 (4) any insurance, reinsurance, guarantee, or 13 other assistance provided by the Overseas Private 14 Investment Corporation under title IV of chapter 2 15 of part I of the Foreign Assistance Act of 1961 (22 16 U.S.C. 2191 et seq.); 17 18 19 (5) any financing provided under the ExportImport Bank Act of 1945; or (6) humanitarian assistance. 20 21 WAR CRIMES TRIBUNALS SEC. 7047. (a) If the President determines that doing 22 so will contribute to a just resolution of charges regarding 23 genocide or other violations of international humanitarian 24 law, the President may direct a drawdown pursuant to sec25 tion 552(c) of the Foreign Assistance Act of 1961 of up •S 3117 PCS 263 1 to $30,000,000 of commodities and services for the United 2 Nations War Crimes Tribunal established with regard to 3 the former Yugoslavia by the United Nations Security 4 Council or such other tribunals or commissions as the 5 Council may establish or authorize to deal with such viola6 tions, without regard to the ceiling limitation contained 7 in paragraph (2) thereof: Provided, That the determina8 tion required under this section shall be in lieu of any de9 terminations otherwise required under section 552(c): Pro10 vided further, That funds made available pursuant to this 11 section shall be made available subject to the regular noti12 fication procedures of the Committees on Appropriations. 13 (b) None of the funds appropriated by this Act may 14 be made available for a United States contribution to the 15 International Criminal Court: Provided, That notwith16 standing section 705(b) of the Admiral James W. Nance 17 and Meg Donovan Foreign Relations Authorization Act, 18 Fiscal Years 2000 and 2001 (division A of Public Law 19 106–113) and consistent with section 2015 of the Amer20 ican Service-Members Protection Act, 2002, as amended, 21 funds may be made available for technical assistance, 22 training, assistance for victims, protection of witnesses, 23 and law enforcement support related to international in24 vestigations, apprehensions, prosecutions, and adjudica25 tions of genocide, crimes against humanity, and war •S 3117 PCS 264 1 crimes: Provided further, That the previous proviso shall 2 not apply to American service members and other United 3 States citizens or nationals, or to nationals of the North 4 Atlantic Treaty Organization (NATO) or major non5 NATO allies initially designated pursuant to section 6 517(b) of the Foreign Assistance Act of 1961. 7 8 9 UNITED NATIONS SEC. 7048. (a) TRANSPARENCY AND ACCOUNT- ABILITY.— 10 (1) Of the funds appropriated under title I and 11 under the heading ‘‘International Organizations and 12 Programs’’ in title V of this Act that are available 13 for contributions to the United Nations (including 14 the Department of Peacekeeping Operations), any 15 United Nations agency, or the Organization of 16 American States, 15 percent may not be obligated 17 for such organization, department, or agency until 18 the Secretary of State reports to the Committees on 19 Appropriations that the organization, department, or 20 agency is— 21 (A) posting on a publicly available Web 22 site, consistent with privacy regulations and due 23 process, regular financial and programmatic au- 24 dits of such organization, department, or agen- 25 cy, and providing the United States Govern- •S 3117 PCS 265 1 ment with necessary access to such financial 2 and performance audits; and 3 (B) effectively implementing and enforcing 4 policies and procedures which reflect best prac- 5 tices for the protection of whistleblowers from 6 retaliation, including best practices for— 7 (i) protection against retaliation for 8 internal and lawful public disclosures; 9 (ii) legal burdens of proof; 10 (iii) statutes of limitation for report- 11 ing retaliation; 12 (iv) access to independent adjudicative 13 bodies, including external arbitration; and 14 (v) results that eliminate the effects of 15 proven retaliation. 16 (2) The restrictions imposed by or pursuant to 17 paragraph (1) may be waived on a case-by-case basis 18 if the Secretary of State determines and reports to 19 the Committees on Appropriations that such waiver 20 is necessary to avert or respond to a humanitarian 21 crisis. 22 (b) RESTRICTIONS 23 TIONS AND ON UNITED NATIONS DELEGA- ORGANIZATIONS.— 24 (1) None of the funds made available under 25 title I of this Act may be used to pay expenses for •S 3117 PCS 266 1 any United States delegation to any specialized 2 agency, body, or commission of the United Nations 3 if such agency, body, or commission is chaired or 4 presided over by a country, the government of which 5 the Secretary of State has determined, for purposes 6 of section 6(j)(1) of the Export Administration Act 7 of 1979 as continued in effect pursuant to the Inter- 8 national Emergency Economic Powers Act (50 9 U.S.C. App. 2405(j)(1)), supports international ter- 10 rorism. 11 (2) None of the funds made available under 12 title I of this Act may be used by the Secretary of 13 State as a contribution to any organization, agency, 14 commission, or program within the United Nations 15 system if such organization, agency, commission, or 16 program is chaired or presided over by a country the 17 government of which the Secretary of State has de- 18 termined, for purposes of section 620A of the For- 19 eign Assistance Act of 1961, section 40 of the Arms 20 Export Control Act, section 6(j)(1) of the Export 21 Administration Act of 1979, or any other provision 22 of law, is a government that has repeatedly provided 23 support for acts of international terrorism. 24 (3) The Secretary of State may waive the re- 25 striction in this subsection if the Secretary reports •S 3117 PCS 267 1 to the Committees on Appropriations that to do so 2 is in the national interest of the United States. 3 (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.— 4 None of the funds appropriated by this Act may be made 5 available in support of the United Nations Human Rights 6 Council unless the Secretary of State determines and re7 ports to the Committees on Appropriations that participa8 tion in the Council is important to the national interest 9 of the United States and that the Council is taking steps 10 to remove Israel as a permanent agenda item: Provided, 11 That such report shall include a description of the national 12 interest served and the steps taken to remove Israel as 13 a permanent agenda item: Provided further, That the Sec14 retary of State shall report to the Committees on Appro15 priations not later than September 30, 2017, on the reso16 lutions considered in the United Nations Human Rights 17 Council during the previous 12 months, and on steps 18 taken to remove Israel as a permanent agenda item. 19 20 (d) UNITED NATIONS RELIEF CY.—Not AND WORKS AGEN- later than 45 days after enactment of this Act, 21 the Secretary of State shall submit a report in writing to 22 the Committees on Appropriations on whether the United 23 Nations Relief and Works Agency (UNRWA) is— 24 (1) utilizing Operations Support Officers in the 25 West Bank, Gaza, and other fields of operation to •S 3117 PCS 268 1 inspect UNRWA installations and reporting any in- 2 appropriate use; 3 (2) acting promptly to address any staff or ben- 4 eficiary violation of its own policies (including the 5 policies on neutrality and impartiality of employees) 6 and the legal requirements under section 301(c) of 7 the Foreign Assistance Act of 1961; 8 (3) implementing procedures to maintain the 9 neutrality of its facilities, including implementing a 10 no-weapons policy, and conducting regular inspec- 11 tions of its installations, to ensure they are only 12 used for humanitarian or other appropriate pur- 13 poses; 14 (4) taking necessary and appropriate measures 15 to ensure it is operating in compliance with the con- 16 ditions of section 301(c) of the Foreign Assistance 17 Act of 1961 and continuing regular reporting to the 18 Department of State on actions it has taken to en- 19 sure conformance with such conditions; 20 (5) taking steps to ensure the content of all 21 educational materials currently taught in UNRWA- 22 administered schools and summer camps is con- 23 sistent with the values of human rights, dignity, and 24 tolerance and does not induce incitement; •S 3117 PCS 269 1 (6) not engaging in operations with financial in- 2 stitutions or related entities in violation of relevant 3 United States law, and is taking steps to improve 4 the financial transparency of the organization; and 5 (7) in compliance with the United Nations 6 Board of Auditors’ biennial audit requirements and 7 is implementing in a timely fashion the Board’s rec- 8 ommendations. 9 (e) PROHIBITION 10 TIONS OF PAYMENTS TO UNITED NA- MEMBERS.—None of the funds appropriated or 11 made available pursuant to titles III through VI of this 12 Act for carrying out the Foreign Assistance Act of 1961, 13 may be used to pay in whole or in part any assessments, 14 arrearages, or dues of any member of the United Nations 15 or, from funds appropriated by this Act to carry out chap16 ter 1 of part I of the Foreign Assistance Act of 1961, 17 the costs for participation of another country’s delegation 18 at international conferences held under the auspices of 19 multilateral or international organizations. 20 (f) UNITED NATIONS CAPITAL MASTER PLAN.— 21 None of the funds made available in this Act may be used 22 for the design, renovation, or construction of the United 23 Nations Headquarters in New York. 24 (g) WITHHOLDING REPORT.—Not later than 45 days 25 after enactment of this Act, the Secretary of State shall •S 3117 PCS 270 1 submit a report to the Committees on Appropriations de2 tailing the amount of funds available for obligation or ex3 penditure in fiscal year 2017 for contributions to any or4 ganization, department, agency, or program within the 5 United Nations system or any international program that 6 are withheld from obligation or expenditure due to any 7 provision of law: Provided, That the Secretary of State 8 shall update such report each time additional funds are 9 withheld by operation of any provision of law: Provided 10 further, That the reprogramming of any withheld funds 11 identified in such report, including updates thereof, shall 12 be subject to prior consultation with, and the regular noti13 fication procedures of, the Committees on Appropriations. 14 SEXUAL EXPLOITATION AND ABUSE IN PEACEKEEPING 15 MISSIONS 16 SEC. 7049. (a) CONSEQUENCES.—Funds appro- 17 priated by this Act shall be made available for Department 18 of State activities to reform the model memorandum of 19 understanding (United Nations A/C.5/66/8) between the 20 United Nations and any government of a country contrib21 uting personnel to United Nations peacekeeping missions, 22 to include the following consequences if the United Na23 tions Secretary-General has reason to believe that any 24 such government is unwilling or unable to exercise the 25 criminal or disciplinary jurisdiction assured by such gov- •S 3117 PCS 271 1 ernment in paragraphs 7.22 and 7.23 of chapter 9 of such 2 memorandum of understanding against personnel who are 3 accused of violating such paragraphs— 4 (1) the mandatory repatriation of any peace- 5 keeping personnel of such country from the peace- 6 keeping operation where the allegation or allegations 7 arose; and 8 (2) the prohibition of participation by such 9 country in future peacekeeping missions until the 10 government of such country takes appropriate inves- 11 tigative and punitive actions against such personnel: 12 Provided, That the Secretary of State shall submit a re13 port to the appropriate congressional committees not later 14 than 180 days after enactment of this Act on the re15 sponses of members of the United Nations General Assem16 bly to such reform efforts. 17 (b) WITHHOLDING OF ASSISTANCE.—The Secretary 18 of State shall withhold assistance to any unit of the secu19 rity forces of a foreign country if the Secretary has cred20 ible evidence that such unit has engaged in acts of sexual 21 exploitation or abuse, including while serving in a United 22 Nations peacekeeping mission, until the Secretary deter23 mines that the government of such country is taking effec24 tive steps to bring the responsible members of the security 25 forces to justice and to prevent future incidents: Provided, •S 3117 PCS 272 1 That the Secretary of State shall promptly notify the gov2 ernment of each country subject to any withholding of as3 sistance pursuant to this subsection, and shall notify the 4 appropriate congressional committees of such withholding 5 not later than 10 days after a determination to withhold 6 such assistance is made: Provided further, That the Sec7 retary shall, to the maximum extent practicable, assist 8 such government to bring the responsible members of the 9 security forces to justice: Provided further, That for pur10 poses of this paragraph, the word ‘‘assistance’’ shall mean 11 assistance appropriated under the headings ‘‘Peacekeeping 12 Operations’’, ‘‘International Military Education and 13 Training’’, and ‘‘Foreign Military Financing Program’’ in 14 this Act, and assistance authorized pursuant to section 15 516 and 524 of the Foreign Assistance Act of 1961 (22 16 U.S.C. 2321j and 2344) and section 23 of the Arms Ex17 port Control Act (22 U.S.C. 2763). 18 (c) WAIVER.—The Secretary of State may waive the 19 requirements of subsection (b), if the Secretary determines 20 and reports to the Committees on Appropriations that it 21 is important to the national security interest of the United 22 States to do so, and includes a justification for such waiv23 er. •S 3117 PCS 273 1 2 PROHIBITION ON PROMOTION OF TOBACCO SEC. 7050. None of the funds provided by this Act 3 shall be available to promote the sale or export of tobacco 4 or tobacco products, or to seek the reduction or removal 5 by any foreign country of restrictions on the marketing 6 of tobacco or tobacco products, except for restrictions 7 which are not applied equally to all tobacco or tobacco 8 products of the same type. 9 10 INTERNATIONAL CONFERENCES SEC. 7051. None of the funds made available in this 11 Act may be used to send or otherwise pay for the attend12 ance of more than 50 employees of agencies or depart13 ments of the United States Government who are stationed 14 in the United States, at any single international con15 ference occurring outside the United States, unless the 16 Secretary of State reports to the Committees on Appro17 priations at least 5 days in advance that such attendance 18 is important to the national interest: Provided, That for 19 purposes of this section the term ‘‘international con20 ference’’ shall mean a conference attended by representa21 tives of the United States Government and of foreign gov22 ernments, international organizations, or nongovern23 mental organizations. •S 3117 PCS 274 1 AIRCRAFT TRANSFER, COORDINATION, AND USE 2 SEC. 7052. (a) TRANSFER.—Notwithstanding any 3 other provision of law or regulation, aircraft procured with 4 funds appropriated by this Act and prior Acts making ap5 propriations for the Department of State, foreign oper6 ations, and related programs under the headings ‘‘Diplo7 matic and Consular Programs’’, ‘‘International Narcotics 8 Control and Law Enforcement’’, ‘‘Andean Counterdrug 9 Initiative’’, and ‘‘Andean Counterdrug Programs’’ may be 10 used for any other program and in any region, including 11 for the transportation of active and standby Civilian Re12 sponse Corps personnel and equipment during a deploy13 ment: Provided, That the responsibility for policy decisions 14 and justification for the use of such transfer authority 15 shall be the responsibility of the Secretary of State and 16 the Deputy Secretary of State and this responsibility shall 17 not be delegated. 18 (b) PROPERTY DISPOSAL.—The authority provided 19 in subsection (a) shall apply only after the Secretary of 20 State determines and reports to the Committees on Appro21 priations that the equipment is no longer required to meet 22 programmatic purposes in the designated country or re23 gion: Provided, That any such transfer shall be subject 24 to prior consultation with, and the regular notification 25 procedures of, the Committees on Appropriations. •S 3117 PCS 275 1 (c) AIRCRAFT COORDINATION.— 2 (1) The uses of aircraft purchased or leased by 3 the Department of State and the United States 4 Agency for International Development with funds 5 made available in this Act or prior Acts making ap- 6 propriations for the Department of State, foreign 7 operations, and related programs shall be coordi- 8 nated under the authority of the appropriate Chief 9 of Mission: Provided, That such aircraft may be 10 used to transport, on a reimbursable or non-reim- 11 bursable basis, Federal and non-Federal personnel 12 supporting Department of State and USAID pro- 13 grams and activities: Provided further, That official 14 travel for other agencies for other purposes may be 15 supported on a reimbursable basis, or without reim- 16 bursement when traveling on a space available basis: 17 Provided further, That funds received by the Depart- 18 ment of State for the use of aircraft owned, leased, 19 or chartered by the Department of State may be 20 credited to the Working Capital Fund of the Depart- 21 ment and shall be available for expenses related to 22 the purchase, lease, maintenance, chartering, or op- 23 eration of such aircraft. •S 3117 PCS 276 1 (2) The requirement and authorities of this 2 subsection shall only apply to aircraft, the primary 3 purpose of which is the transportation of personnel. 4 (d) AIRCRAFT OPERATIONS AND MAINTENANCE.— 5 To the maximum extent practicable, the costs of oper6 ations and maintenance, including fuel, of aircraft funded 7 by this Act shall be borne by the recipient country. 8 PARKING FINES AND REAL PROPERTY TAXES OWED BY 9 FOREIGN GOVERNMENTS 10 SEC. 7053. The terms and conditions of section 7055 11 of the Department of State, Foreign Operations, and Re12 lated Programs Appropriations Act, 2011 (division F of 13 Public Law 111–117) shall apply to this Act: Provided, 14 That the date ‘‘September 30, 2009’’ in subsection 15 (f)(2)(B) of such section shall be deemed to be ‘‘Sep16 tember 30, 2016’’. 17 18 LANDMINES AND CLUSTER MUNITIONS SEC. 7054. (a) LANDMINES.—Notwithstanding any 19 other provision of law, demining equipment available to 20 the United States Agency for International Development 21 and the Department of State and used in support of the 22 clearance of landmines and unexploded ordnance for hu23 manitarian purposes may be disposed of on a grant basis 24 in foreign countries, subject to such terms and conditions 25 as the Secretary of State may prescribe. •S 3117 PCS 277 1 (b) CLUSTER MUNITIONS.—No military assistance 2 shall be furnished for cluster munitions, no defense export 3 license for cluster munitions may be issued, and no cluster 4 munitions or cluster munitions technology shall be sold or 5 transferred, unless— 6 (1) the submunitions of the cluster munitions, 7 after arming, do not result in more than 1 percent 8 unexploded ordnance across the range of intended 9 operational environments, and the agreement appli- 10 cable to the assistance, transfer, or sale of such clus- 11 ter munitions or cluster munitions technology speci- 12 fies that the cluster munitions will only be used 13 against clearly defined military targets and will not 14 be used where civilians are known to be present or 15 in areas normally inhabited by civilians; or 16 (2) such assistance, license, sale, or transfer is 17 for the purpose of demilitarizing or permanently dis- 18 posing of such cluster munitions. 19 20 PROHIBITION ON PUBLICITY OR PROPAGANDA SEC. 7055. No part of any appropriation contained 21 in this Act shall be used for publicity or propaganda pur22 poses within the United States not authorized before the 23 date of the enactment of this Act by Congress: Provided, 24 That not to exceed $25,000 may be made available to 25 carry out the provisions of section 316 of the International •S 3117 PCS 278 1 Security and Development Cooperation Act of 1980 (Pub2 lic Law 96–533). 3 CONTINUOUS SUPERVISION AND GENERAL DIRECTION OF 4 ECONOMIC AND MILITARY ASSISTANCE 5 SEC. 7056. Under the direction of the President, the 6 Secretary of State shall be responsible for the continuous 7 supervision and general direction of economic assistance, 8 law enforcement and justice sector assistance, military as9 sistance, and military education and training programs, 10 including but not limited to determining whether there 11 shall be a military assistance (including civic action) or 12 a military education and training program for a country 13 and the value thereof, to the end that such programs are 14 effectively integrated both at home and abroad and the 15 foreign policy of the United States is best served thereby. 16 UNITED STATES AGENCY FOR INTERNATIONAL 17 DEVELOPMENT MANAGEMENT 18 SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of 19 the funds made available in title III of this Act pursuant 20 to or to carry out the provisions of part I of the Foreign 21 Assistance Act of 1961, including funds appropriated 22 under the heading ‘‘Assistance for Europe, Eurasia and 23 Central Asia’’, may be used by the United States Agency 24 for International Development to hire and employ individ25 uals in the United States and overseas on a limited ap- •S 3117 PCS 279 1 pointment basis pursuant to the authority of sections 308 2 and 309 of the Foreign Service Act of 1980. 3 (b) RESTRICTIONS.— 4 (1) The number of individuals hired in any fis- 5 cal year pursuant to the authority contained in sub- 6 section (a) may not exceed 175. 7 (2) The authority to hire individuals contained 8 in subsection (a) shall expire on September 30, 9 2018. 10 (c) CONDITIONS.—The authority of subsection (a) 11 should only be used to the extent that an equivalent num12 ber of positions that are filled by personal services contrac13 tors or other non-direct hire employees of USAID, who 14 are compensated with funds appropriated to carry out part 15 I of the Foreign Assistance Act of 1961, including funds 16 appropriated under the heading ‘‘Assistance for Europe, 17 Eurasia and Central Asia’’, are eliminated. 18 (d) PROGRAM ACCOUNT CHARGED.—The account 19 charged for the cost of an individual hired and employed 20 under the authority of this section shall be the account 21 to which the responsibilities of such individual primarily 22 relate: Provided, That funds made available to carry out 23 this section may be transferred to, and merged with, funds 24 appropriated by this Act in title II under the heading ‘‘Op25 erating Expenses’’. •S 3117 PCS 280 1 (e) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi- 2 viduals hired and employed by USAID, with funds made 3 available in this Act or prior Acts making appropriations 4 for the Department of State, foreign operations, and re5 lated programs, pursuant to the authority of section 309 6 of the Foreign Service Act of 1980, may be extended for 7 a period of up to 4 years notwithstanding the limitation 8 set forth in such section. 9 (f) DISASTER SURGE CAPACITY.—Funds appro- 10 priated under title III of this Act to carry out part I of 11 the Foreign Assistance Act of 1961, including funds ap12 propriated under the heading ‘‘Assistance for Europe, 13 Eurasia and Central Asia’’, may be used, in addition to 14 funds otherwise available for such purposes, for the cost 15 (including the support costs) of individuals detailed to or 16 employed by USAID whose primary responsibility is to 17 carry out programs in response to natural disasters, or 18 man-made disasters subject to the regular notification 19 procedures of the Committees on Appropriations. 20 (g) PERSONAL SERVICES CONTRACTORS.—Funds ap- 21 propriated by this Act to carry out chapter 1 of part I, 22 chapter 4 of part II, and section 667 of the Foreign As23 sistance Act of 1961, and title II of the Food for Peace 24 Act (Public Law 83–480), may be used by USAID to em25 ploy up to 40 personal services contractors in the United •S 3117 PCS 281 1 States, notwithstanding any other provision of law, for the 2 purpose of providing direct, interim support for new or 3 expanded overseas programs and activities managed by 4 the agency until permanent direct hire personnel are hired 5 and trained: Provided, That not more than 15 of such con6 tractors shall be assigned to any bureau or office: Provided 7 further, That such funds appropriated to carry out title 8 II of the Food for Peace Act (Public Law 83–480), may 9 be made available only for personal services contractors 10 assigned to the Office of Food for Peace. 11 (h) SMALL BUSINESS.—In entering into multiple 12 award indefinite-quantity contracts with funds appro13 priated by this Act, USAID may provide an exception to 14 the fair opportunity process for placing task orders under 15 such contracts when the order is placed with any category 16 of small or small disadvantaged business. 17 18 (i) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.—Individuals hired pursuant to the authority pro- 19 vided by section 7059(o) of the Department of State, For20 eign Operations, and Related Programs Appropriations 21 Act, 2011 (division F of Public Law 111–117) may be 22 assigned to or support programs in Afghanistan or Paki23 stan with funds made available in this Act and prior Acts 24 making appropriations for the Department of State, for25 eign operations, and related programs. •S 3117 PCS 282 1 2 GLOBAL HEALTH ACTIVITIES SEC. 7058. (a) IN GENERAL.—Funds appropriated 3 by titles III and IV of this Act that are made available 4 for global health programs including activities relating to 5 research on, and the prevention, treatment and control of, 6 HIV/AIDS may be made available notwithstanding any 7 other provision of law except for provisions under the 8 heading ‘‘Global Health Programs’’ and the United States 9 Leadership Against HIV/AIDS, Tuberculosis, and Malaria 10 Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as 11 amended: Provided, That of the funds appropriated under 12 title III of this Act, not less than $585,000,000 shall be 13 made available for family planning/reproductive health, in14 cluding in areas where population growth threatens bio15 diversity or endangered species. 16 (b) GLOBAL FUND.—Of the funds appropriated by 17 this Act that are available for a contribution to the Global 18 Fund to Fight AIDS, Tuberculosis and Malaria (Global 19 Fund), 10 percent should be withheld from obligation until 20 the Secretary of State determines and reports to the Com21 mittees on Appropriations that the Global Fund is— 22 (1) maintaining and implementing a policy of 23 transparency, including the authority of the Global 24 Fund Office of the Inspector General (OIG) to pub- 25 lish OIG reports on a public Web site; •S 3117 PCS 283 1 2 (2) providing sufficient resources to maintain an independent OIG that— 3 4 (A) reports directly to the Board of the Global Fund; 5 (B) maintains a mandate to conduct thor- 6 ough investigations and programmatic audits, 7 free from undue interference; and 8 (C) compiles regular, publicly published 9 audits and investigations of financial, pro- 10 grammatic, and reporting aspects of the Global 11 Fund, its grantees, recipients, sub-recipients, 12 and Local Fund Agents; 13 (3) effectively implementing and enforcing poli- 14 cies and procedures which reflect best practices for 15 the protection of whistleblowers from retaliation, in- 16 cluding best practices for— 17 18 (A) protection against retaliation for internal and lawful public disclosures; 19 (B) legal burdens of proof; 20 (C) statutes of limitation for reporting re- 21 taliation; 22 23 (D) access to independent adjudicative bodies, including external arbitration; and 24 25 (E) results that eliminate the effects of proven retaliation; and •S 3117 PCS 284 1 (4) implementing the recommendations con- 2 tained in the Consolidated Transformation Plan ap- 3 proved by the Board of the Global Fund on Novem- 4 ber 21, 2011: 5 Provided, That such withholding shall not be in addition 6 to funds that are withheld from the Global Fund in fiscal 7 year 2017 pursuant to the application of any other provi8 sion contained in this or any other Act. 9 10 (c) CONTAGIOUS BREAKS.—If INFECTIOUS DISEASE OUT- the Secretary of State determines and re- 11 ports to the Committees on Appropriations that an inter12 national infectious disease outbreak is sustained, severe, 13 and is spreading internationally, or that it is in the na14 tional interest to respond to a Public Health Emergency 15 of International Concern, funds appropriated by this Act 16 under the headings ‘‘Global Health Programs’’, ‘‘Develop17 ment Assistance’’, ‘‘International Disaster Assistance’’, 18 ‘‘Complex Crises Fund’’, ‘‘Economic Support Fund’’, 19 ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia and 20 Central Asia’’, and ‘‘Migration and Refugee Assistance’’ 21 may be made available to combat such infectious disease 22 or public health emergency: Provided, That funds made 23 available pursuant to the authority of this subsection shall 24 be subject to prior consultation with, and the regular noti25 fication procedures of, the Committees on Appropriations. •S 3117 PCS 285 1 2 GENDER EQUALITY SEC. 7059. (a) GENDER EQUALITY.—Funds appro- 3 priated by this Act shall be made available to promote gen4 der equality in United States Government diplomatic and 5 development efforts by raising the status, increasing the 6 participation, and protecting the rights of women and girls 7 worldwide. 8 (b) WOMEN’S LEADERSHIP.—Of the funds appro- 9 priated by title III of this Act, not less than $50,000,000 10 shall be made available to increase leadership opportuni11 ties for women in countries where women and girls suffer 12 discrimination due to law, policy, or practice, by strength13 ening protections for women’s political status, expanding 14 women’s participation in political parties and elections, 15 and increasing women’s opportunities for leadership posi16 tions in the public and private sectors at the local, provin17 cial, and national levels. 18 (c) GENDER-BASED VIOLENCE.— 19 (1)(A) Of the funds appropriated by titles III 20 and IV of this Act, not less than $157,270,000 shall 21 be made available to implement a multi-year strat- 22 egy to prevent and respond to gender-based violence 23 in countries where it is common in conflict and non- 24 conflict settings: Provided, That of the funds appro- 25 priated by this Act under the heading ‘‘Economic •S 3117 PCS 286 1 Support Fund’’, not less than $1,500,000 shall be 2 transferred to, and merged with, funds made avail- 3 able by this Act under the heading ‘‘International 4 Organization and Programs’’ for the United Nations 5 Office of the Special Representative of the Sec- 6 retary-General for Sexual Violence in Conflict. 7 (B) Funds appropriated by titles III and IV of 8 this Act that are available to train foreign police, ju- 9 dicial, and military personnel, including for inter- 10 national peacekeeping operations, shall address, 11 where appropriate, prevention and response to gen- 12 der-based violence and trafficking in persons, and 13 shall promote the integration of women into the po- 14 lice and other security forces. 15 (2) Department of State and United States 16 Agency for International Development gender pro- 17 grams shall incorporate coordinated efforts to com- 18 bat a variety of forms of gender-based violence, in- 19 cluding child marriage, rape, female genital cutting 20 and mutilation, and domestic violence, among other 21 forms of gender-based violence in conflict and non- 22 conflict settings. 23 (3) Of the funds appropriated under title III of 24 this Act and prior Acts making appropriations for 25 the Department of State, foreign operations, and re- •S 3117 PCS 287 1 lated programs, not less than $5,000,000 shall be 2 made available for the United Nations Children’s 3 Fund for the purpose of supporting the Joint Pro- 4 gram on Female Genital Mutilation/Cutting to re- 5 duce the practice of female genital mutilation/cut- 6 ting, which shall be in addition to funds otherwise 7 available for such purposes in such Acts. 8 (d) WOMEN, PEACE, AND SECURITY.—Funds appro- 9 priated by this Act under the headings ‘‘Development As10 sistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Eu11 rope, Eurasia and Central Asia’’, and ‘‘International Nar12 cotics Control and Law Enforcement’’ should be made 13 available to support a multi-year strategy to expand, and 14 improve coordination of, United States Government ef15 forts to empower women as equal partners in conflict pre16 vention, peace building, transitional processes, and recon17 struction efforts in countries affected by conflict or in po18 litical transition, and to ensure the equitable provision of 19 relief and recovery assistance to women and girls. 20 21 SECTOR ALLOCATIONS SEC. 7060. (a) BASIC EDUCATION AND HIGHER 22 EDUCATION.— 23 (1) BASIC EDUCATION.— 24 (A) Of the funds appropriated under title 25 III of this Act, up to $560,782,000 may be •S 3117 PCS 288 1 made available for assistance for basic edu- 2 cation, and such funds may be made available 3 notwithstanding any provision of law that re- 4 stricts assistance to foreign countries: Provided, 5 That such funds may only be made available for 6 each country at a funding level for basic edu- 7 cation that does not exceed that contained in 8 the Congressional Budget Justification, Foreign 9 Operations, Summary Tables, Fiscal Year 10 2017: Provided further, That such funds should 11 only be used to implement the stated objectives 12 of basic education programs for each Country 13 Development Cooperation Strategy or similar 14 strategy regarding basic education established 15 by the United States Agency for International 16 Development: 17 USAID Administrator, following consultation 18 with the Committees on Appropriations, may 19 reprogram funds between countries, except that 20 no such reprogramming may result in an overall 21 funding level for basic education exceeding the 22 total amount justified for fiscal year 2017: Pro- 23 vided further, That for the purposes of funds 24 made available for basic education by this Act 25 and prior Acts making appropriations for the •S 3117 PCS Provided further, That the 289 1 Department of State, foreign operations, and 2 related programs, the term ‘‘basic education’’ 3 shall also include secondary education. 4 (B) Not later than 30 days after enact- 5 ment of this Act, the USAID Administrator 6 shall report to the Committees on Appropria- 7 tions on the status of cumulative unobligated 8 balances and obligated, but unexpended, bal- 9 ances in each country where USAID provides 10 basic education assistance and such report shall 11 also include details on the types of contracts 12 and grants provided and the goals and objec- 13 tives of such assistance: Provided, That the 14 USAID Administrator shall update such report 15 on a quarterly basis during fiscal year 2017: 16 Provided further, That if the USAID Adminis- 17 trator determines that any unobligated balances 18 of funds specifically designated for assistance 19 for basic education in prior Acts making appro- 20 priations for the Department of State, foreign 21 operations, and related programs are in excess 22 of the absorptive capacity of recipient countries, 23 such funds may be made available for other 24 programs authorized under chapter 1 of part I 25 of the Foreign Assistance Act of 1961, notwith- •S 3117 PCS 290 1 standing such funding designation: Provided 2 further, That the authority of the previous pro- 3 viso shall be subject to prior consultation with, 4 and the regular notification procedures of, the 5 Committees on Appropriations. 6 (C) Of the funds appropriated under title 7 III of this Act for assistance for basic education 8 programs, not less than $70,000,000 shall be 9 made available for a contribution to multilateral 10 partnerships that support education. 11 (2) HIGHER EDUCATION.—Of the funds appro- 12 priated by title III of this Act, not less than 13 $226,352,000 shall be made available for assistance 14 for higher education, including not less than 15 $35,000,000 for new partnerships between higher 16 education institutions in the United States and de- 17 veloping countries, including in sub-Saharan Africa: 18 Provided, That such funds may be made available 19 notwithstanding any other provision of law that re- 20 stricts assistance to foreign countries, and shall be 21 subject to the regular notification procedures of the 22 Committees on Appropriations. 23 (b) DEVELOPMENT PROGRAMS.—Of the funds appro- 24 priated by this Act under the heading ‘‘Development As25 sistance’’, not less than $26,000,000 shall be made avail- •S 3117 PCS 291 1 able for the American Schools and Hospitals Abroad pro2 gram, and not less than $12,000,000 shall be made avail3 able for cooperative development programs of USAID. 4 5 (c) ENVIRONMENT PROGRAMS.— (1) AUTHORITY.— 6 (A) Funds appropriated by this Act to 7 carry out the provisions of sections 103 through 8 106, and chapter 4 of part II, of the Foreign 9 Assistance Act of 1961 that are made available 10 to support environment programs may be made 11 available notwithstanding any other provision of 12 law, except for paragraph (B). 13 (B) Of the funds appropriated by this Act 14 and prior Acts making appropriations for the 15 Department of State, foreign operations, and 16 related programs under the heading ‘‘Economic 17 Support Fund’’, $237,000,000 shall be made 18 available as a contribution to the Green Climate 19 Fund: Provided, That such funds shall not in- 20 clude funds designated for Overseas Contin- 21 gency Operations/Global War on Terrorism pur- 22 suant to section 251(b)(2)(A)(ii) of the Bal- 23 anced Budget and Emergency Deficit Control 24 Act of 1985. •S 3117 PCS 292 1 2 (2) CONSERVATION PROGRAMS AND LIMITA- TIONS.— 3 (A) Of the funds appropriated under title 4 III of this Act, not less than $250,000,000 5 shall be made available for biodiversity con- 6 servation programs. 7 (B) Not less than $55,000,000 of the 8 funds appropriated under titles III and IV of 9 this Act shall be made available to combat the 10 transnational threat of wildlife poaching and 11 trafficking. 12 (C) None of the funds appropriated under 13 title IV of this Act may be made available for 14 training or other assistance for any military 15 unit or personnel that the Secretary of State 16 determines has been credibly alleged to have 17 participated in wildlife poaching or trafficking, 18 unless the Secretary reports to the Committees 19 on Appropriations that to do so is in the na- 20 tional security interests of the United States. 21 (D) Funds appropriated by this Act for 22 biodiversity programs shall not be used to sup- 23 port the expansion of industrial scale logging or 24 any other industrial scale extractive activity 25 into areas that were primary/intact tropical for- •S 3117 PCS 293 1 ests as of December 30, 2013, and the Sec- 2 retary of the Treasury shall instruct the United 3 States executive directors of each international 4 financial institutions (IFI) to vote against any 5 financing of any such activity. 6 (3) LARGE DAMS.—The Secretary of the Treas- 7 ury shall instruct the United States executive direc- 8 tor of each IFI that it is the policy of the United 9 States to vote in relation to any loan, grant, strat- 10 egy, or policy of such institution to support the con- 11 struction of any large dam consistent with the cri- 12 teria set forth in Senate Report 114–79, while also 13 considering whether the project involves important 14 foreign policy objectives. 15 (4) SUSTAINABLE LANDSCAPES.—Of the funds 16 appropriated under title III of this Act, not less than 17 $123,500,000 shall be made available for sustainable 18 landscapes programs. 19 (d) FOOD SECURITY 20 AND AGRICULTURAL DEVELOP- MENT.— 21 (1) Of the funds appropriated by title III of 22 this Act, not less than $1,053,000,000 should be 23 made available for food security and agricultural de- 24 velopment programs, of which not less than 25 $32,000,000 shall be made available for the Feed •S 3117 PCS 294 1 the Future Innovation Labs: Provided, That such 2 funds may be made available notwithstanding any 3 other provision of law to prevent or address food 4 shortages, and for a United States contribution to 5 the endowment of the Global Crop Diversity Trust. 6 (2) Funds appropriated under title III of this 7 Act may be made available as a contribution to the 8 Global Agriculture and Food Security Program if 9 such contribution will not cause the United States to 10 exceed 33 percent of the total amount of funds con- 11 tributed to such Program. 12 (e) MICROENTERPRISE 13 funds appropriated by AND this MICROFINANCE.—Of the Act, not less than 14 $265,000,000 should be made available for microenter15 prise and microfinance development programs for the 16 poor, especially women. 17 18 19 (f) PROGRAMS TO COMBAT TRAFFICKING SONS AND IN PER- MODERN SLAVERY.— (1) TRAFFICKING IN PERSONS.—Of the funds 20 appropriated by this Act under the headings ‘‘Devel- 21 opment Assistance’’, ‘‘Economic Support Fund’’, 22 ‘‘Assistance for Europe, Eurasia and Central Asia’’, 23 and ‘‘International Narcotics Control and Law En- 24 forcement’’, not less than $60,000,000 shall be made •S 3117 PCS 295 1 available for activities to combat trafficking in per- 2 sons internationally. 3 (2) MODERN SLAVERY.—Of the funds appro- 4 priated by this Act under the headings ‘‘Develop- 5 ment Assistance’’ and ‘‘International Narcotics Con- 6 trol and Law Enforcement’’, in addition to funds 7 made 8 $25,000,000 shall be made available for a grant or 9 grants, to be awarded on an open and competitive 10 basis, to reduce the prevalence of modern slavery 11 globally: Provided, That such funds may only be 12 made available in fiscal year 2017 to carry out the 13 End Modern Slavery Initiative Act of 2015 (S. 553, 14 114th Congress), as reported to the Senate, if such 15 bill is enacted into law: Provided further, That if 16 such bill is not enacted into law by the end of the 17 114th Congress, funds made available pursuant to 18 this subsection shall be made available for other pro- 19 grams to combat trafficking in persons and modern 20 slavery, following consultation with the appropriate 21 congressional committees. 22 available (3) PROGRAM pursuant to paragraph COORDINATION.—The (1), Secretary 23 of State and USAID Administrator, as appropriate, 24 shall establish and implement guidelines to ensure 25 that programs funded by paragraphs (1) and (2) to •S 3117 PCS 296 1 combat trafficking in persons and modern slavery 2 are coordinated and complementary, and not dupli- 3 cative. 4 (g) RECONCILIATION PROGRAMS.—Of the funds ap- 5 propriated by this Act under the headings ‘‘Economic 6 Support Fund’’, ‘‘Assistance for Europe, Eurasia and 7 Central Asia’’, and ‘‘Development Assistance’’, not less 8 than $26,000,000 shall be made available to support peo9 ple-to-people reconciliation programs which bring together 10 individuals of different ethnic, religious, and political 11 backgrounds from areas of civil strife and war: Provided, 12 That the USAID Administrator shall consult with the 13 Committees on Appropriations, prior to the initial obliga14 tion of funds, on the uses of such funds, and such funds 15 shall be subject to the regular notification procedures of 16 the Committees on Appropriations: Provided further, That 17 to the maximum extent practicable, such funds shall be 18 matched by sources other than the United States Govern19 ment. 20 (h) WATER AND SANITATION.—Of the funds appro- 21 priated by this Act, not less than $400,000,000 shall be 22 made available for water supply and sanitation projects 23 pursuant to the Senator Paul Simon Water for the Poor 24 Act of 2005 (Public Law 109–121), of which not less than 25 $145,000,000 shall be for programs in sub-Saharan Afri- •S 3117 PCS 297 1 ca, and of which not less than $14,000,000 shall be made 2 available for programs to design and build safe, public la3 trines in Africa and Asia. 4 OVERSEAS PRIVATE INVESTMENT CORPORATION 5 SEC. 7061. (a) TRANSFER OF FUNDS.—Whenever 6 the President determines that it is in furtherance of the 7 purposes of the Foreign Assistance Act of 1961, up to a 8 total of $20,000,000 of the funds appropriated under title 9 III of this Act may be transferred to, and merged with, 10 funds appropriated by this Act for the Overseas Private 11 Investment Corporation Program Account, to be subject 12 to the terms and conditions of that account: Provided, 13 That such funds shall not be available for administrative 14 expenses of the Overseas Private Investment Corporation: 15 Provided further, That designated funding levels in this 16 Act shall not be transferred pursuant to this section: Pro17 vided further, That the exercise of such authority shall be 18 subject to the regular notification procedures of the Com19 mittees on Appropriations. 20 (b) AUTHORITY.—Notwithstanding section 235(a)(2) 21 of the Foreign Assistance Act of 1961, the authority of 22 subsections (a) through (c) of section 234 of such Act 23 shall remain in effect until September 30, 2017. •S 3117 PCS 298 1 ARMS TRADE TREATY 2 SEC. 7062. None of the funds appropriated by this 3 Act may be obligated or expended to implement the Arms 4 Trade Treaty until the Senate approves a resolution of 5 ratification for the Treaty. 6 INSPECTORS GENERAL 7 SEC. 7063. (a) PROHIBITION ON USE OF FUNDS.— 8 None of the funds appropriated by this Act may be used 9 to deny an Inspector General funded under this Act timely 10 access to any records, documents, or other materials avail11 able to the department or agency of the United States 12 Government over which such Inspector General has re13 sponsibilities under the Inspector General Act of 1978 (5 14 U.S.C. App.), or to prevent or impede the access of such 15 Inspector General to such records, documents, or other 16 materials, under any provision of law, except a provision 17 of law that expressly refers to such Inspector General and 18 expressly limits the right of access of such Inspector Gen19 eral. 20 (b) TIMELY ACCESS.—A department or agency of the 21 United States Government covered by this section shall 22 provide its Inspector General access to all records, docu23 ments, and other materials in a timely manner. 24 (c) COMPLIANCE.—Each Inspector General covered 25 by this section shall ensure compliance with statutory limi- •S 3117 PCS 299 1 tations on disclosure relevant to the information provided 2 by the department or agency over which that Inspector 3 General has responsibilities under the Inspector General 4 Act of 1978 (5 U.S.C. App.). 5 (d) REPORT REQUIREMENT.—Each Inspector Gen- 6 eral covered by this section shall report to the Committees 7 on Appropriations within 5 calendar days of any failures 8 by any department or agency of the United States Govern9 ment to provide its Inspector General access to all re10 quested records, documents, and other materials. 11 REPORTING REQUIREMENTS CONCERNING INDIVIDUALS 12 ´NAMO BAY, CUBA DETAINED AT NAVAL STATION, GUANTA 13 SEC. 7064. Not later than 5 days after the conclusion 14 of an agreement with a country, including a state with 15 a compact of free association with the United States, to 16 receive by transfer or release individuals detained at 17 United States Naval Station, Guanta´namo Bay, Cuba, the 18 Secretary of State shall notify the Committees on Appro19 priations in writing of the terms of the agreement, includ20 ing whether funds appropriated by this Act or prior Acts 21 making appropriations for the Department of State, for22 eign operations, and related programs will be made avail23 able for assistance for such country pursuant to such 24 agreement. •S 3117 PCS 300 1 2 NORTH AMERICAN DEVELOPMENT BANK SEC. 7065. Part 2 of subtitle D of title V of Public 3 Law 103–182, as amended (22 U.S.C. 290m et seq.), is 4 further amended by adding at the end thereof the fol5 lowing new section: 6 7 ‘‘SEC. 547. FIRST CAPITAL INCREASE. ‘‘(a) SUBSCRIPTION AUTHORIZED.— 8 ‘‘(1) The Secretary of the Treasury may sub- 9 scribe on behalf of the United States to 150,000 ad- 10 ditional shares of the capital stock of the Bank. 11 ‘‘(2) Any subscription by the United States to 12 the capital stock of the Bank shall be effective only 13 to such extent and in such amounts as are provided 14 in advance in appropriations Acts. 15 ‘‘(b) LIMITATIONS 16 ON AUTHORIZATION OF APPRO- PRIATIONS.— 17 ‘‘(1) In order to pay for the increase in the 18 United States subscription to the Bank under sub- 19 section (a), there are authorized to be appropriated, 20 without fiscal year limitation, $1,500,000,000 for 21 payment by the Secretary of the Treasury. 22 23 ‘‘(2) Of the amount authorized to be appropriated under paragraph (1)— 24 25 ‘‘(A) $225,000,000 shall be for paid in shares of the Bank; and •S 3117 PCS 301 1 ‘‘(B) $1,275,000,000 shall be callable 2 shares of the Bank.’’. 3 4 PROHIBITION ON USE OF TORTURE SEC. 7066. (a) LIMITATION.—None of the funds 5 made available in this Act may be used to support or jus6 tify the use of torture, cruel, or inhumane treatment by 7 any official or contract employee of the United States Gov8 ernment. 9 (b) ASSISTANCE TO ELIMINATE TORTURE.—Funds 10 appropriated under titles III and IV of this Act shall be 11 made available, notwithstanding section 660 of the For12 eign Assistance Act of 1961 and following consultation 13 with the Committees on Appropriations, for assistance to 14 eliminate torture by foreign police, military or other secu15 rity forces in countries receiving assistance from funds ap16 propriated by this Act. 17 18 EXTRADITION SEC. 7067. (a) LIMITATION.—None of the funds ap- 19 propriated in this Act may be used to provide assistance 20 (other than funds provided under the headings ‘‘Inter21 national Disaster Assistance’’, ‘‘Complex Crises Fund’’, 22 ‘‘International Narcotics Control and Law Enforcement’’, 23 ‘‘Migration and Refugee Assistance’’, ‘‘United States 24 Emergency Refugee and Migration Assistance Fund’’, and 25 ‘‘Nonproliferation, Anti-terrorism, Demining and Related •S 3117 PCS 302 1 Assistance’’) for the central government of a country 2 which has notified the Department of State of its refusal 3 to extradite to the United States any individual indicted 4 for a criminal offense for which the maximum penalty is 5 life imprisonment without the possibility of parole or for 6 killing a law enforcement officer, as specified in a United 7 States extradition request. 8 (b) CLARIFICATION.—Subsection (a) shall only apply 9 to the central government of a country with which the 10 United States maintains diplomatic relations and with 11 which the United States has an extradition treaty and the 12 government of that country is in violation of the terms 13 and conditions of the treaty. 14 (c) WAIVER.—The Secretary of State may waive the 15 restriction in subsection (a) on a case-by-case basis if the 16 Secretary certifies to the Committees on Appropriations 17 that such waiver is important to the national interests of 18 the United States. 19 20 COMMERCIAL LEASING OF DEFENSE ARTICLES SEC. 7068. Notwithstanding any other provision of 21 law, and subject to the regular notification procedures of 22 the Committees on Appropriations, the authority of sec23 tion 23(a) of the Arms Export Control Act may be used 24 to provide financing to Israel, Egypt, and the North Atlan25 tic Treaty Organization (NATO), and major non-NATO •S 3117 PCS 303 1 allies for the procurement by leasing (including leasing 2 with an option to purchase) of defense articles from 3 United States commercial suppliers, not including Major 4 Defense Equipment (other than helicopters and other 5 types of aircraft having possible civilian application), if the 6 President determines that there are compelling foreign 7 policy or national security reasons for those defense arti8 cles being provided by commercial lease rather than by 9 government-to-government sale under such Act. 10 11 COMMUNITY-BASED POLICE ASSISTANCE SEC. 7069. (a) AUTHORITY.—Funds made available 12 by titles III and IV of this Act to carry out the provisions 13 of chapter 1 of part I and chapters 4 and 6 of part II 14 of the Foreign Assistance Act of 1961, may be used, not15 withstanding section 660 of that Act, to enhance the effec16 tiveness and accountability of civilian police authority 17 through training and technical assistance in human rights, 18 the rule of law, anti-corruption, strategic planning, and 19 through assistance to foster civilian police roles that sup20 port democratic governance, including assistance for pro21 grams to prevent conflict, respond to disasters, address 22 gender-based violence, and foster improved police relations 23 with the communities they serve. •S 3117 PCS 304 1 (b) NOTIFICATION.—Assistance provided under sub- 2 section (a) shall be subject to the regular notification pro3 cedures of the Committees on Appropriations. 4 RUSSIAN AGGRESSION 5 SEC. 7070. (a) LIMITATION.—None of the funds ap- 6 propriated by this Act may be made available for assist7 ance for the central Government of the Russian Federa8 tion. 9 (b) ANNEXATION OF CRIMEA.— 10 (1) None of the funds appropriated by this Act 11 may be made available for assistance for the central 12 government of a country that the Secretary of State 13 determines and reports to the Committees on Appro- 14 priations has taken affirmative steps intended to 15 support or be supportive of the Russian Federation 16 annexation of Crimea: Provided, That except as oth- 17 erwise provided in subsection (a), the Secretary may 18 waive the restriction on assistance required by this 19 paragraph if the Secretary certifies to such Commit- 20 tees that to do so is in the national interest of the 21 United States, and includes a justification for such 22 interest. 23 24 (2) None of the funds appropriated by this Act may be made available for— •S 3117 PCS 305 1 (A) the implementation of any action or 2 policy that recognizes the sovereignty of the 3 Russian Federation over Crimea; 4 (B) the facilitation, financing, or guarantee 5 of United States Government investments in 6 Crimea, if such activity includes the participa- 7 tion of Russian Government officials, or other 8 Russian owned or controlled financial entities; 9 or 10 (C) assistance for Crimea, if such assist- 11 ance includes the participation of Russian Gov- 12 ernment officials, or other Russian owned or 13 controlled financial entities. 14 (3) The Secretary of the Treasury shall instruct 15 the United States executive directors of each inter- 16 national financial institution to vote against any as- 17 sistance by such institution (including but not lim- 18 ited to any loan, credit, or guarantee) for any pro- 19 gram that violates the sovereignty or territorial in- 20 tegrity of Ukraine. 21 (4) The requirements and limitations of this 22 subsection shall cease to be in effect if the Secretary 23 of State certifies and reports to the Committees on 24 Appropriations that the Government of Ukraine has 25 reestablished sovereignty over Crimea. •S 3117 PCS 306 1 (c) OCCUPATION OF THE GEORGIAN TERRITORIES OF 2 ABKHAZIA AND TSKHINVALI REGION/SOUTH OSSETIA.— 3 (1) None of the funds appropriated by this Act 4 may be made available for assistance for the central 5 government of a country that the Secretary of State 6 determines and reports to the Committees on Appro- 7 priations has recognized the independence of, or has 8 established diplomatic relations with, the Russian oc- 9 cupied Georgian territories of Abkhazia and 10 Tskhinvali Region/South Ossetia: Provided, That the 11 Secretary shall publish on the Department of State 12 Web site a list of any such central governments in 13 a timely manner: Provided further, That the Sec- 14 retary may waive the restriction on assistance re- 15 quired by this paragraph if the Secretary certifies to 16 the Committees on Appropriations that to do so is 17 in the national interest of the United States, and in- 18 cludes a justification for such interest. 19 (2) None of the funds appropriated by this Act 20 may be made available to support the Russian occu- 21 pation of the Georgian territories of Abkhazia and 22 Tskhinvali Region/South Ossetia: Provided, That the 23 Secretary of the Treasury shall instruct the United 24 States executive directors of each international fi- 25 nancial institution to vote against any assistance by •S 3117 PCS 307 1 such institution for any program that violates the 2 sovereignty and territorial integrity of Georgia. 3 (3) Not later than 90 days after enactment of 4 this Act, the Secretary of State shall submit to the 5 appropriate congressional committees a report on ac- 6 tions taken by the Russian Federation to further 7 consolidate the occupation of the Georgian terri- 8 tories of Abkhazia and Tskhinvali Region/South 9 Ossetia, including the estimated annual costs of oc- 10 cupation. 11 (d) ASSISTANCE TO REDUCE VULNERABILITY AND 12 PRESSURE.—Funds appropriated by this Act and made 13 available for assistance for the Eastern Partnership coun14 tries shall be made available to advance the implementa15 tion of Association Agreements and trade agreements with 16 the European Union, and to reduce their vulnerability to 17 external economic and political pressure from the Russian 18 Federation. 19 (e) DEMOCRACY PROGRAMS.—Funds appropriated by 20 this Act shall be made available to support democracy pro21 grams in the Russian Federation, including to promote 22 Internet freedom, and shall also be made available to sup23 port the democracy and rule of law strategy required by 24 section 7071(d) of the Department of State, Foreign Op- •S 3117 PCS 308 1 erations, and Related Programs Appropriations Act, 2014 2 (division K of Public Law 113–76). 3 (f) REPORTS.—Not later than 45 days after enact- 4 ment of this Act, the Secretary of State shall update the 5 reports required by section 7071(b)(2), (c), and (e) of the 6 Department of State, Foreign Operations, and Related 7 Programs Appropriations Act, 2014 (division K of Public 8 Law 113–76). 9 10 INTERNATIONAL MONETARY FUND SEC. 7071. (a) EXTENSIONS.—The terms and condi- 11 tions of sections 7086(b) (1) and (2) and 7090(a) of the 12 Department of State, Foreign Operations, and Related 13 Programs Appropriations Act, 2010 (division F of Public 14 Law 111–117) shall apply to this Act. 15 (b) REPAYMENT.—The Secretary of the Treasury 16 shall instruct the United States Executive Director of the 17 International Monetary Fund (IMF) to seek to ensure 18 that any loan will be repaid to the IMF before other pri19 vate creditors. 20 21 SPECIAL DEFENSE ACQUISITION FUND SEC. 7072. Not to exceed $900,000,000 may be obli- 22 gated pursuant to section 51(c)(2) of the Arms Export 23 Control Act for the purposes of the Special Defense Acqui24 sition Fund (the Fund), to remain available for obligation 25 until September 30, 2019: Provided, That the provision •S 3117 PCS 309 1 of defense articles and defense services to foreign coun2 tries or international organizations from the Fund shall 3 be subject to the concurrence of the Secretary of State. 4 STABILITY AND DEVELOPMENT IN REGIONS IMPACTED BY 5 EXTREMISM 6 SEC. 7073. (a) COUNTERING FOREIGN FIGHTERS 7 AND EXTREMIST ORGANIZATIONS, 8 THE STATE SYSTEM.— AND STRENGTHENING 9 (1) Funds appropriated under titles III and IV 10 of this Act shall be made available to implement the 11 Department of State and USAID Joint Strategy on 12 Countering Violent Extremism, May 2016 (the Joint 13 Strategy) submitted to the Committees on Appro- 14 priations pursuant to section 7073 of the Depart- 15 ment of State, Foreign Operations, and Related Pro- 16 grams Appropriations Act, 2016 (division K of Pub- 17 lic Law 114–113), and for programs to strengthen 18 governance and protection of human rights in coun- 19 tries impacted by extremism: Provided, That the 20 Secretary of State shall ensure that programs imple- 21 mented pursuant to this paragraph are coordinated 22 with and complement the efforts of other United 23 States Government agencies and international part- 24 ners: Provided further, That the Secretary shall also 25 ensure that information gained through the conduct •S 3117 PCS 310 1 of such programs is shared in a timely manner with 2 relevant United States Government agencies and 3 other international partners, as appropriate: Pro- 4 vided further, That not later than September 30, 5 2018, the Secretary of State shall submit a report 6 to the Committees on Appropriations detailing the 7 programs, on a country-by-country basis, conducted, 8 or intended to be conducted, under the strategic ob- 9 jectives for countering foreign terrorist fighters and 10 extremism contained in the Joint Strategy. 11 (2) Funds appropriated under titles III and IV 12 of this Act shall be made available for security and 13 democracy programs in countries whose stability and 14 legitimacy are directly threatened by violence against 15 state institutions by extremists, including at the na- 16 tional and local levels, and in fragile states bordering 17 such countries. 18 (3) Funds made available pursuant to this sub- 19 section are subject to the regular notification proce- 20 dures of the Committees on Appropriations. 21 (b) COUNTRIES IMPACTED 22 UGEE 23 SONS.—Funds POPULATIONS OR BY SIGNIFICANT REF- INTERNALLY DISPLACED PER- appropriated by this Act under the head- 24 ings ‘‘Development Assistance’’ and ‘‘Economic Support 25 Fund’’ shall be made available for programs in countries •S 3117 PCS 311 1 affected by significant populations of internally displaced 2 persons or refugees to— 3 (1) expand and improve host government social 4 services and basic infrastructure to accommodate the 5 needs of such populations and persons; 6 7 (2) alleviate the social and economic strains placed on host communities; 8 9 (3) improve coordination of such assistance in a more effective and sustainable manner; and 10 (4) leverage increased assistance from donors 11 other than the United States Government for central 12 governments and local communities in such coun- 13 tries: 14 Provided, That the Secretary of State shall periodically in15 form the Committees on Appropriations of the amount 16 and specific uses of funds made available for the purposes 17 of this subsection. 18 19 (c) WOMEN AND GIRLS AT RISK FROM EXTRE- MISM.— 20 (1) ASSISTANCE.—Of the funds appropriated by 21 this Act under the heading ‘‘Economic Support 22 Fund’’, not less than $28,000,000 shall be made 23 available only for grants and cooperative agreements 24 to support women and girls in predominantly Mus- 25 lim countries and other countries who are at risk •S 3117 PCS 312 1 from extremism and conflict, including for activities 2 to— 3 (A) empower women and girls to counter 4 extremism, including family-oriented activities 5 and through culturally appropriate programs to 6 promote tolerance and pluralism and the devel- 7 opment and dissemination of early warning and 8 response systems; 9 (B) address the needs of women and girls 10 adversely impacted by extremism and conflict, 11 including through comprehensive programs that 12 provide immediate and sustained livelihood sup- 13 port, psychosocial services, including for family 14 members, and the establishment of safe houses 15 and other centers dedicated to the empower- 16 ment and protection of women and girls; 17 (C) document crimes committed by extrem- 18 ists against women and girls in predominantly 19 Muslim countries and other countries, and sup- 20 port investigations and prosecutions of such 21 crimes, as appropriate, including forensic assist- 22 ance and exhumation of mass graves; 23 (D) increase the participation and influ- 24 ence of women in formal and informal political 25 processes and institutions at the local level and •S 3117 PCS 313 1 within traditional governing structures, includ- 2 ing through the use of social media and train- 3 ing programs; 4 (E) support reconciliation programs be- 5 tween impacted minority, religious, and ethnic 6 groups and the broader community; 7 (F) support the establishment and imple- 8 mentation of legal reforms and protections for 9 women and girls at the national and local gov- 10 ernment levels; and 11 (G) create and sustain networks for women 12 and girls to collectively safeguard their rights 13 on a regional basis. 14 (2) RESPONSIBILITY OF FUNDS.—The Ambas- 15 sador-at-Large for Global Women’s Issues, Depart- 16 ment of State, and the Under Secretary for Civilian 17 Security, Democracy, and Human Rights, Depart- 18 ment of State, in consultation with the Adminis- 19 trator of the United States Agency for International 20 Development, shall be responsible for the uses of 21 such funds. 22 23 (3) INTER-AGENCY STRATEGY, REPORT, AND NOTIFICATION REQUIREMENT.— 24 (A) Not later than 90 days after enact- 25 ment of this Act, the Secretary of State, in con- •S 3117 PCS 314 1 sultation with the USAID Administrator, shall 2 submit to the appropriate congressional com- 3 mittees an inter-agency strategy to support 4 women and girls in predominantly Muslim 5 countries and other countries who are at risk 6 from extremism and conflict, including esti- 7 mated funding requirements for programs and 8 activities through fiscal year 2020 and a de- 9 scription of the monitoring and evaluation pro- 10 tocols for such programs: Provided, That such 11 strategy shall be coordinated with, and com- 12 plement, the policies and objectives in the 13 United States National Plan on Women, Peace, 14 and Security, December 2011; the United 15 States Strategy to Prevent and Respond to 16 Gender-Based Violence Globally, 2012; and 17 USAID’s Gender Equality and Female Em- 18 powerment Policy, March 2012. 19 (B) Not later than 180 days after enact- 20 ment of this Act, the Secretary of State, in con- 21 sultation with the USAID Administrator, shall 22 submit a report to the appropriate congres- 23 sional committees detailing all gender programs 24 supported during the past two fiscal years with 25 funds made available by prior Acts making ap- •S 3117 PCS 315 1 propriations for the Department of State, for- 2 eign operations, and related programs: Pro- 3 vided, That such report shall include programs 4 that— 5 (i) address women’s economic and po- 6 litical participation and empowerment; 7 (ii) support women in peace and secu- 8 rity; and 9 (iii) prevent and respond to gender- 10 based violence. 11 (C) Funds made available pursuant to 12 paragraph (1) shall be in addition to amounts 13 available by this Act for such purposes, and 14 shall be subject to the regular notification pro- 15 cedures of the Committees on Appropriations. 16 17 (d) COMPREHENSIVE PLAN DRESS TO PREVENT AND AD- EXTREMISM.— 18 (1) Funds appropriated by this Act under the 19 heading ‘‘Economic Support Fund’’ that are made 20 available for the Near East and Africa Relief and 21 Recovery Fund shall be made available for the 22 United States Institute of Peace to develop a com- 23 prehensive plan (the Plan) to prevent and address 24 the underlying causes of extremism in the Sahel, 25 Horn of Africa, and Near East regions. •S 3117 PCS 316 1 (2) The United States Institute of Peace shall 2 consult with the Committees on Appropriations prior 3 to developing the Plan: Provided, That the Plan 4 shall include— 5 (A) a whole-of-government strategy to pre- 6 vent and address the underlying causes of ex- 7 tremism in the Sahel, Horn of Africa, and Near 8 East regions, including identification of contrib- 9 uting factors to such extremism and specific ac- 10 tions to mitigate such factors: Provided, That 11 such strategy and actions shall be developed in 12 consultation with relevant United States Gov- 13 ernment agencies, foreign governments, founda- 14 tions, the private sector, and local and inter- 15 national civil society organizations, as appro- 16 priate; 17 (B) a multi-year estimate of the costs asso- 18 ciated with the implementation of the Plan, in- 19 cluding consideration of funding made available 20 for the Plan from relevant United States Gov- 21 ernment agencies, other international donors, 22 foundations, the public sector, and respective 23 foreign governments in the Sahel, Horn of Afri- 24 ca, and Near East regions; •S 3117 PCS 317 1 (C) a description of appropriate inter-agen- 2 cy coordinating options for the Plan, and identi- 3 fication of impediments in policy, law, or regu- 4 lation in countries in the Sahel, Horn of Africa, 5 and Near East regions that might impede im- 6 plementation of the Plan; 7 (D) consideration of specific conditions on 8 assistance for countries included in the Plan, 9 including cost-matching requirements by foreign 10 governments, as appropriate; 11 (E) an assessment of the ability and will- 12 ingness of each government in the Sahel, Horn 13 of Africa, and Near East regions to support im- 14 plementation of the Plan; 15 (F) detailed protocols for monitoring the 16 implementation of the Plan and assessing re- 17 sults; and 18 (G) a proposed pilot program designed for 19 a country or countries in the Sahel, Horn of Af- 20 rica, and Near East regions that applies the 21 strategy and actions developed under the Plan. 22 (3) The Department of State and USAID, in 23 coordination with other relevant United States Gov- 24 ernment agencies, shall jointly review the proposed 25 pilot program required under subparagraph (G) and •S 3117 PCS 318 1 implement a new pilot program based on such pro- 2 posed pilot program beginning in fiscal year 2018. 3 ENTERPRISE FUNDS 4 SEC. 7074. (a) NOTIFICATION REQUIREMENT.— 5 None of the funds made available under titles III through 6 VI of this Act may be made available for Enterprise Funds 7 unless the appropriate congressional committees are noti8 fied at least 15 days in advance. 9 (b) DISTRIBUTION OF ASSETS PLAN.—Prior to the 10 distribution of any assets resulting from any liquidation, 11 dissolution, or winding up of an Enterprise Fund, in whole 12 or in part, the President shall submit to the appropriate 13 congressional committees a plan for the distribution of the 14 assets of the Enterprise Fund. 15 (c) TRANSITION OR OPERATING PLAN.—Prior to a 16 transition to and operation of any private equity fund or 17 other parallel investment fund under an existing Enter18 prise Fund, the President shall submit such transition or 19 operating plan to the appropriate congressional commit20 tees. 21 USE OF FUNDS IN CONTRAVENTION OF THIS ACT 22 SEC. 7075. If the President makes a determination 23 not to comply with any provision of this Act on constitu24 tional grounds, the head of the relevant Federal agency 25 shall notify the Committees on Appropriations in writing •S 3117 PCS 319 1 within 5 days of such determination, the basis for such 2 determination and any resulting changes to program and 3 policy. 4 5 BUDGET DOCUMENTS SEC. 7076. (a) OPERATING PLANS.—Not later than 6 45 days after the date of enactment of this Act, each de7 partment, agency, or organization funded in titles I, II, 8 and VI of this Act, and the Department of the Treasury 9 and Independent Agencies funded in title III of this Act, 10 including the Inter-American Foundation and the United 11 States African Development Foundation, shall submit to 12 the Committees on Appropriations an operating plan for 13 funds appropriated to such department, agency, or organi14 zation in such titles of this Act, or funds otherwise avail15 able for obligation in fiscal year 2017, that provides de16 tails of the uses of such funds at the program, project, 17 and activity level: Provided, That such plans shall include, 18 as applicable, a comparison between the congressional 19 budget justification funding levels, the most recent con20 gressional directives or approved funding levels, and the 21 funding levels proposed by the department or agency; and 22 a clear, concise, and informative description/justification: 23 Provided further, That if such department, agency, or or24 ganization receives an additional amount under the same 25 heading in title VIII of this Act, operating plans required •S 3117 PCS 320 1 by this subsection shall include consolidated information 2 on all such funds: Provided further, That operating plans 3 that include changes in levels of funding for programs, 4 projects, and activities specified in the congressional budg5 et justification, in this Act, or amounts specifically des6 ignated in the respective tables included in the report ac7 companying this Act, as applicable, shall be subject to the 8 notification and reprogramming requirements of section 9 7015 of this Act. 10 (b) SPEND PLANS.— 11 (1) Prior to the initial obligation of funds, the 12 Secretary of State or Administrator of the United 13 States Agency for International Development, as ap- 14 propriate, shall submit to the Committees on Appro- 15 priations a spend plan for funds made available by 16 this Act, for— 17 (A) the regional security initiatives listed 18 under the heading ‘‘Reports, Notifications, and 19 Spend Plans’’ in the report accompanying this 20 Act; and 21 (B) democracy programs and sectors enu- 22 merated in subsections (a), (c)(2), (d)(1), (f), 23 and (h) of section 7060 of this Act. 24 (2) Not later than 45 days after enactment of 25 this Act, the Secretary of the Treasury shall submit •S 3117 PCS 321 1 to the Committees on Appropriations a detailed 2 spend plan for funds made available by this Act 3 under the heading ‘‘Department of the Treasury, 4 International Affairs Technical Assistance’’ in title 5 III. 6 (c) SPENDING REPORT.—Not later than 45 days 7 after enactment of this Act, the USAID Administrator 8 shall submit to the Committees on Appropriations a de9 tailed report on spending of funds made available during 10 fiscal year 2016 under the heading ‘‘Development Credit 11 Authority’’. 12 (d) NOTIFICATION.—The spend plan referenced in 13 subsection (b) shall not be considered as meeting the noti14 fication requirements in this Act or under section 634A 15 of the Foreign Assistance Act of 1961. 16 REPORTS AND RECORDS MANAGEMENT 17 SEC. 7077. (a) PUBLIC POSTING OF REPORTS.— 18 (1) REQUIREMENT.—Any agency receiving 19 funds made available by this Act shall, subject to 20 paragraphs (2) and (3), post on the publicly avail- 21 able Web site of such agency any report required by 22 this Act to be submitted to the Committees on Ap- 23 propriations, upon a determination by the head of 24 such agency that to do so is in the national interest. •S 3117 PCS 322 1 2 (2) EXCEPTIONS.—Paragraph (1) shall not apply to a report if— 3 (A) the public posting of such report would 4 compromise national security, including the 5 conduct of diplomacy; or 6 (B) the report contains proprietary, privi- 7 leged, or sensitive information. 8 (3) TIMING AND INTENTION.—The head of the 9 agency posting such report shall, unless otherwise 10 provided for in this Act, do so only after such report 11 has been made available to the Committees on Ap- 12 propriations for not less than 45 days: Provided, 13 That any report required by this Act to be submitted 14 to the Committees on Appropriations shall include 15 information from the submitting agency on whether 16 such report will be publicly posted. 17 (b) REQUESTS FOR DOCUMENTS.—None of the funds 18 appropriated or made available pursuant to titles III 19 through VI of this Act shall be available to a nongovern20 mental organization, including any contractor, which fails 21 to provide upon timely request any document, file, or 22 record necessary to the auditing requirements of the De23 partment of State and the United States Agency for Inter24 national Development. 25 (c) RECORDS MANAGEMENT.— •S 3117 PCS 323 1 (1) LIMITATION.—None of the funds appro- 2 priated by this Act under the headings ‘‘Diplomatic 3 and Consular Programs’’ and ‘‘Capital Investment 4 Fund’’ in title I, and ‘‘Operating Expenses’’ and 5 ‘‘Capital Investment Fund’’ in title II that are made 6 available to the Department of State and USAID 7 may be made available to support the use or estab- 8 lishment of email accounts or email servers created 9 outside the .gov domain or not fitted for automated 10 records management as part of a Federal govern- 11 ment records management program in contravention 12 of the Presidential and Federal Records Act Amend- 13 ments of 2014 (Public Law 113–187). 14 15 (2) DIRECTIVES.—The Secretary of State and USAID Administrator shall— 16 (A) use funds appropriated by this Act 17 under the headings ‘‘Diplomatic and Consular 18 Programs’’ and ‘‘Capital Investment Fund’’ in 19 title I, and ‘‘Operating Expenses’’ and ‘‘Capital 20 Investment Fund’’ in title II, as appropriate, to 21 improve Federal records management pursuant 22 to the Federal Records Act (44 U.S.C. Chap- 23 ters 21, 29, 31, and 33) and other applicable 24 Federal records management statutes, regula- •S 3117 PCS 324 1 tions, or policies for the Department of State 2 and USAID; 3 (B) direct departing employees that all 4 Federal records generated by such employees, 5 including senior officials, belong to the Federal 6 Government; and 7 (C) significantly improve the response time 8 for identifying and retrieving Federal records, 9 including requests made pursuant to the Free- 10 dom of Information Act. 11 (3) REPORT.—Not later than 30 days after en- 12 actment of this Act, the Secretary of State and 13 USAID Administrator shall each submit a report to 14 the Committees on Appropriations and to the Na- 15 tional Archives and Records Administration detailing 16 the extent to which each agency is in compliance 17 with applicable Federal records management stat- 18 utes, regulations, and policies, and steps taken to 19 strengthen cybersecurity. 20 21 GLOBAL INTERNET FREEDOM SEC. 7078. (a) FUNDING.—Of the funds available for 22 obligation during fiscal year 2017 under the headings 23 ‘‘International Broadcasting Operations’’, ‘‘Economic 24 Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for 25 Europe, Eurasia and Central Asia’’, not less than •S 3117 PCS 325 1 $50,500,000 shall be made available for programs to pro2 mote Internet freedom globally: Provided, That such pro3 grams shall be prioritized for countries whose governments 4 restrict freedom of expression on the Internet, and that 5 are important to the national interests of the United 6 States: Provided further, That funds made available pursu7 ant to this section shall be matched, to the maximum ex8 tent practicable, by sources other than the United States 9 Government, including from the private sector. 10 (b) REQUIREMENTS.— 11 (1) Funds appropriated by this Act under the 12 headings ‘‘Economic Support Fund’’, ‘‘Democracy 13 Fund’’, and ‘‘Assistance for Europe, Eurasia and 14 Central Asia’’ that are made available pursuant to 15 subsection (a) shall be— 16 (A) coordinated with other democracy pro- 17 grams funded by this Act under such headings, 18 and shall be incorporated into country assist- 19 ance and democracy promotion strategies, as 20 appropriate; 21 (B) made available to the Bureau of De- 22 mocracy, Human Rights, and Labor, Depart- 23 ment of State, for programs to implement the 24 May 2011, International Strategy for Cyber- 25 space; the Department of State International •S 3117 PCS 326 1 Cyberspace Policy Strategy required by section 2 402 of the Cybersecurity Act of 2015 (division 3 N of Public Law 114–113); and the comprehen- 4 sive strategy to promote Internet freedom and 5 access to information in Iran, as required by 6 section 414 of the Iran Threat Reduction and 7 Syria Human Rights Act of 2012 (22 U.S.C. 8 8754); 9 (C) made available for programs that sup- 10 port the efforts of civil society to counter the 11 development of repressive Internet-related laws 12 and regulations, including countering threats to 13 Internet freedom at international organizations; 14 to combat violence against bloggers and other 15 users; and to enhance digital security training 16 and capacity building for democracy activists; 17 (D) made available for research of key 18 threats to Internet freedom; the continued de- 19 velopment of technologies that provide or en- 20 hance access to the Internet, including cir- 21 cumvention tools that bypass Internet blocking, 22 filtering, and other censorship techniques used 23 by authoritarian governments; and maintenance 24 of the technological advantage of the United 25 States Government over such censorship tech- •S 3117 PCS 327 1 niques: Provided, That the Secretary of State, 2 in consultation with the Chief Executive Officer 3 (CEO) of the Broadcasting Board of Governors 4 (BBG), shall coordinate any such research and 5 development programs with other relevant 6 United States Government departments and 7 agencies in order to share information, tech- 8 nologies, and best practices, and to assess the 9 effectiveness of such technologies; and 10 (E) coordinated by the Assistant Secretary 11 for Democracy, Human Rights, and Labor, De- 12 partment of State. 13 (2) Funds appropriated by this Act under the 14 heading ‘‘International Broadcasting Operations’’ 15 that are made available pursuant to subsection (a) 16 shall be— 17 (A) made available to the BBG only to 18 provide tools and techniques to access BBG dig- 19 ital content on Web sites that are censored, and 20 to work with such broadcasters to promote and 21 distribute such tools and techniques, including 22 digital security techniques; 23 (B) coordinated with programs funded by 24 this Act under the heading ‘‘International 25 Broadcasting Operations’’, and shall be incor- •S 3117 PCS 328 1 porated into country broadcasting strategies, as 2 appropriate; 3 (C) coordinated by the BBG CEO to pro- 4 vide Internet circumvention tools and tech- 5 niques for audiences in countries that are stra- 6 tegic priorities for the BBG and in a manner 7 consistent with the BBG Internet freedom 8 strategy; and 9 (D) made available for the research and 10 development of new tools or techniques author- 11 ized in paragraph (A) only after the BBG CEO, 12 in consultation with the Secretary of State and 13 other relevant United States Government de- 14 partments and agencies, evaluates the risks and 15 benefits of such new tools or techniques, and 16 establishes safeguards to minimize the use of 17 such new tools or techniques for illicit purposes. 18 (c) COORDINATION AND SPEND PLANS.—After con- 19 sultation among the relevant agency heads to coordinate 20 and de-conflict planned activities, but not later than 90 21 days after enactment of this Act, the Secretary of State 22 and the BBG CEO shall submit to the Committees on Ap23 propriations spend plans for funds made available by this 24 Act for programs to promote Internet freedom globally, 25 which shall include a description of safeguards established •S 3117 PCS 329 1 by relevant agencies to ensure that such programs are not 2 used for illicit purposes: Provided, That the Department 3 of State spend plan shall include funding for all such pro4 grams for all relevant Department of State and USAID 5 offices and bureaus: Provided further, That prior to the 6 obligation of such funds, such offices and bureaus shall 7 consult with the Assistant Secretary for Democracy, 8 Human Rights, and Labor, Department of State, to en9 sure that such programs support the Department of State 10 Internet freedom strategy. 11 12 IMPACT ON JOBS IN THE UNITED STATES SEC. 7079. None of the funds appropriated or other- 13 wise made available under titles III through VI of this 14 Act may be obligated or expended to provide— 15 (1) any financial incentive to a business enter- 16 prise currently located in the United States for the 17 purpose of inducing such an enterprise to relocate 18 outside the United States if such incentive or in- 19 ducement is likely to reduce the number of employ- 20 ees of such business enterprise in the United States 21 because United States production is being replaced 22 by such enterprise outside the United States; 23 (2) assistance for any program, project, or ac- 24 tivity that contributes to the violation of internation- 25 ally recognized workers’ rights, as defined in section •S 3117 PCS 330 1 507(4) of the Trade Act of 1974, of workers in the 2 recipient country, including any designated zone or 3 area in that country: Provided, That the application 4 of section 507(4)(D) and (E) of such Act should be 5 commensurate with the level of development of the 6 recipient country and sector, and shall not preclude 7 assistance for the informal sector in such country, 8 micro and small-scale enterprise, and smallholder 9 agriculture; 10 (3) any assistance to an entity outside the 11 United States if such assistance is for the purpose 12 of directly relocating or transferring jobs from the 13 United States to other countries and adversely im- 14 pacts the labor force in the United States; or 15 16 (4) for the enforcement of any rule, regulation, policy, or guidelines implemented pursuant to— 17 18 (A) the third proviso of subsection 7079(b) of the Consolidated Appropriations Act, 2010; 19 (B) the modification proposed by the Over- 20 seas Private Investment Corporation in Novem- 21 ber 2013 to the Corporation’s Environmental 22 and Social Policy Statement relating to coal; or 23 (C) the Supplemental Guidelines for High 24 Carbon Intensity Projects approved by the Ex- •S 3117 PCS 331 1 port-Import Bank of the United States on De- 2 cember 12, 2013, 3 when enforcement of such rule, regulation, policy, or 4 guidelines would prohibit, or have the effect of pro- 5 hibiting, any coal-fired or other power-generation 6 project the purpose of which is to: (i) provide afford- 7 able electricity in International Development Asso- 8 ciation (IDA)-eligible countries and IDA-blend coun- 9 tries; and (ii) increase exports of goods and services 10 from the United States or prevent the loss of jobs 11 from the United States. 12 13 DISABILITY PROGRAMS SEC. 7080. (a) ASSISTANCE.—Funds appropriated by 14 this Act under the heading ‘‘Economic Support Fund’’ 15 shall be made available for programs and activities admin16 istered by the United States Agency for International De17 velopment to address the needs and protect and promote 18 the rights of people with disabilities in developing coun19 tries, including initiatives that focus on independent living, 20 economic self-sufficiency, advocacy, education, employ21 ment, transportation, sports, and integration of individ22 uals with disabilities, including for the cost of translation. 23 (b) MANAGEMENT, OVERSIGHT, AND TECHNICAL 24 SUPPORT.—Of the funds made available pursuant to this •S 3117 PCS 332 1 section, 5 percent may be used for USAID for manage2 ment, oversight, and technical support. 3 4 COUNTRY TRANSITION PLAN SEC. 7081. Any bilateral country assistance strategy 5 developed after the date of enactment of this Act for the 6 provision of assistance for a foreign country in this fiscal 7 year and each fiscal year hereafter shall include a transi8 tion plan identifying end goals and options for winding 9 down, within a targeted period of years, such bilateral as10 sistance: Provided, That such transition plan shall be de11 veloped by the Secretary of State, in consultation with the 12 Administrator of the United States Agency for Inter13 national Development, the heads of other relevant Federal 14 agencies, and officials of such foreign government and rep15 resentatives of civil society, as appropriate. 16 17 CONSULAR AND BORDER SECURITY PROGRAMS SEC. 7082. (a) SEPARATE FUND.—There is estab- 18 lished in the Treasury a separate fund to be known as 19 the ‘‘Consular and Border Security Programs’’ account 20 into which the following fees shall be deposited for the pur21 poses of the consular and border security programs. 22 (b) MACHINE-READABLE VISA FEE.—Section 103(d) 23 of Public Law 107–173 (8 U.S.C. 1713) is amended by 24 striking ‘‘credited as an offsetting collection to any appro25 priation for the Department of State’’ and inserting ‘‘de- •S 3117 PCS 333 1 posited in the Consular and Border Security Programs ac2 count’’. 3 4 (c) PASSPORT AND IMMIGRANT VISA SECURITY SUR- CHARGES.— 5 (1) The fourth paragraph under the heading 6 ‘‘Diplomatic and Consular Programs’’ in title IV of 7 division B of Public Law 108–447 (8 U.S.C. 1714) 8 is amended— 9 (A) by inserting ‘‘and the consular protec- 10 tion of U.S. citizens and their interests over- 11 seas’’ after ‘‘in support of enhanced border se- 12 curity’’; and 13 (B) by striking ‘‘credited to this account’’ 14 and inserting ‘‘deposited in the Consular and 15 Border Security Programs account’’. 16 (2) Section 6 of Public Law 109–472 (8 U.S.C. 17 1714 note) is amended by inserting ‘‘and the con- 18 sular protection of U.S. citizens and their interests 19 overseas’’ after ‘‘in support of enhanced border secu- 20 rity’’ each place it appears. 21 (d) DIVERSITY IMMIGRANT LOTTERY FEE.—Section 22 636 of title VI, division C of Public Law 104–208 (8 23 U.S.C. 1153 note) is amended by striking ‘‘as an offset24 ting collection to any Department of State appropriation’’ •S 3117 PCS 334 1 and inserting ‘‘in the Consular and Border Security Pro2 grams account’’. 3 (e) AFFIDAVIT OF SUPPORT FEE.—Section 232(c) of 4 title II of division A of H.R. 3427 (106th Congress) (in5 corporated by reference by section 1000(a)(7) of division 6 B of Public Law 106–113, as amended (8 U.S.C. 1183a 7 note), is further amended by striking ‘‘as an offsetting col8 lection to any Department of State appropriation’’ and in9 serting ‘‘in the Consular and Border Security Programs 10 account’’. 11 (f) WESTERN HEMISPHERE TRAVEL INITIATIVE 12 SURCHARGE.—Subsection (b)(1) of section 1 of the Pass13 port Act of June 4, 1920 (22 U.S.C. 214(b)(1)) is amend14 ed by striking ‘‘as an offsetting collection to the appro15 priate Department of State appropriation’’ and inserting 16 ‘‘in the Consular and Border Security Programs account’’. 17 (g) EXPEDITED PASSPORT FEE.—The first proviso 18 under the heading ‘‘Diplomatic and Consular Programs’’ 19 in title V of Public Law 103–317 (22 U.S.C. 214 note) 20 is amended by inserting ‘‘or in the Consular and Border 21 Security Programs account’’ after ‘‘offsetting collection’’. 22 (h) TRANSFER OF FUNDS.— 23 (1) The unobligated balances of amounts avail- 24 able from fees referenced under this section may be •S 3117 PCS 335 1 transferred to the Consular and Border Security 2 Programs account. 3 (2) Funds deposited in or transferred to the 4 Consular and Border Security Programs account 5 may be transferred between funds appropriated 6 under the heading ‘‘Administration of Foreign Af- 7 fairs’’. 8 (3) The transfer authorities in this section shall 9 be in addition to any other transfer authority avail- 10 able to the Department of State. 11 (i) EFFECTIVE DATE.—The amendments made by 12 this section shall take effect no later than October 1, 13 2017, and shall be implemented in a manner that ensures 14 the fees collected, transferred, and used in fiscal year 2017 15 can be readily tracked. 16 17 BORDER CROSSING CARD FEE FOR MINORS SEC. 7083. Section 410(a)(1)(A) of the Department 18 of State and Related Agencies Appropriations Act, 1999 19 (Public Law 105–277) is amended by striking ‘‘a fee of 20 $13’’ and inserting ‘‘a fee equal to one half the fee that 21 would otherwise apply for processing a machine readable 22 combined border crossing identification card and non-im23 migrant visa’’. •S 3117 PCS 336 1 INTERNATIONAL FAMILY PLANNING AND REPRODUCTIVE 2 HEALTH 3 SEC. 7084. (a) UNITED NATIONS POPULATION 4 FUND.— 5 (1) CONTRIBUTION.—Of the funds made avail- 6 able under the heading ‘‘International Organizations 7 and Programs’’ in this Act for fiscal year 2017, 8 $37,500,000 shall be made available for the United 9 Nations Population Fund (referred to in this section 10 11 as ‘‘UNFPA’’). (2) AVAILABILITY OF FUNDS.—Funds appro- 12 priated under this Act for UNFPA that are not 13 made available for UNFPA because of the operation 14 of any provision of law shall be transferred to the 15 ‘‘Global Health Programs’’ account and shall be 16 made available for family planning, maternal, and 17 reproductive health activities, subject to the regular 18 notification procedures of the Committees on Appro- 19 priations. 20 (3) PROHIBITION ON USE OF FUNDS IN 21 CHINA.—None 22 this Act may be used by UNFPA for a country pro- 23 gram in the People’s Republic of China. •S 3117 PCS of the funds made available under 337 1 (4) CONDITIONS ON AVAILABILITY 2 FUNDS.—Funds 3 UNFPA may not be made available unless— OF made available under this Act for 4 (A) UNFPA maintains such funds in an 5 account that is separate from other UNFPA ac- 6 counts and does not commingle such funds with 7 other funds; and 8 9 (B) UNFPA does not fund abortions. (b) ASSISTANCE FOR FOREIGN NONGOVERNMENTAL 10 ORGANIZATIONS.—The Foreign Assistance Act of 1961 11 (22 U.S.C. 2151 et seq.) is amended by inserting after 12 section 104C the following: 13 14 ‘‘SEC. 104D. ELIGIBILITY FOR ASSISTANCE. ‘‘Notwithstanding any other provision of law, regula- 15 tion, or policy, in determining eligibility for assistance 16 under sections 104, 104A, 104B, and 104C, a foreign non17 governmental organization— 18 ‘‘(1) shall not be ineligible for such assistance 19 solely on the basis of health or medical services, in- 20 cluding counseling and referral services, provided by 21 such organization with non-United States Govern- 22 ment funds if such services— 23 24 ‘‘(A) are permitted in the country in which they are being provided; and •S 3117 PCS 338 1 ‘‘(B) would not violate United States law if 2 provided in the United States; and 3 ‘‘(2) shall not be subject to requirements relat- 4 ing to the use of non-United States Government 5 funds for advocacy and lobbying activities other than 6 those that apply to United States nongovernmental 7 organizations receiving assistance under this part.’’. •S 3117 PCS 339 1 TITLE VIII 2 OVERSEAS CONTINGENCY OPERATIONS 3 DEPARTMENT OF STATE 4 ADMINISTRATION 5 DIPLOMATIC AND CONSULAR PROGRAMS 6 (INCLUDING TRANSFER OF FUNDS) 7 OF FOREIGN AFFAIRS For an additional amount for ‘‘Diplomatic and Con- 8 sular Programs’’, $2,654,798,000, to remain available 9 until September 30, 2018, of which $2,109,934,000 is for 10 Worldwide Security Protection and shall remain available 11 until expended: Provided, That the Secretary of State may 12 transfer up to $5,000,000 of the total funds made avail13 able under this heading to any other appropriation of any 14 department or agency of the United States, upon the con15 currence of the head of such department or agency, to sup16 port operations in and assistance for Afghanistan and to 17 carry out the provisions of the Foreign Assistance Act of 18 1961: Provided further, That any such transfer shall be 19 treated as a reprogramming of funds under subsections 20 (a) and (b) of section 7015 of this Act and shall not be 21 available for obligation or expenditure except in compli22 ance with the procedures set forth in that section: Pro23 vided further, That such amount is designated by the Con24 gress for Overseas Contingency Operations/Global War on •S 3117 PCS 340 1 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 4 OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector 5 General’’, $54,900,000, to remain available until Sep6 tember 30, 2018, for the Special Inspector General for Af7 ghanistan Reconstruction (SIGAR) for reconstruction 8 oversight: Provided, That printing and reproduction costs 9 shall not exceed amounts for such costs during fiscal year 10 2016: Provided further, That notwithstanding any other 11 provision of law, any employee of SIGAR who completes 12 at least 12 months of continuous service after the date 13 of enactment of this Act or who is employed on the date 14 on which SIGAR terminates, whichever occurs first, shall 15 acquire competitive status for appointment to any position 16 in the competitive service for which the employee possesses 17 the required qualifications: Provided further, That such 18 amount is designated by the Congress for Overseas Con19 tingency Operations/Global War on Terrorism pursuant to 20 section 251(b)(2)(A)(ii) of the Balanced Budget and 21 Emergency Deficit Control Act of 1985. 22 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE 23 For an additional amount for ‘‘Embassy Security, 24 Construction, and Maintenance’’, $1,238,800,000, to re25 main available until expended, of which $1,228,000,000 •S 3117 PCS 341 1 shall be for Worldwide Security Upgrades, acquisition, and 2 construction as authorized: Provided, That such amount 3 is designated by the Congress for Overseas Contingency 4 Operations/Global War on Terrorism pursuant to section 5 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 INTERNATIONAL ORGANIZATIONS 8 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 9 For an additional amount for ‘‘Contributions to 10 International Organizations’’, $96,240,000: Provided, 11 That such amount is designated by the Congress for Over12 seas Contingency Operations/Global War on Terrorism 13 pursuant to section 251(b)(2)(A)(ii) of the Balanced 14 Budget and Emergency Deficit Control Act of 1985. 15 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING 16 ACTIVITIES 17 For an additional amount for ‘‘Contributions for 18 International Peacekeeping Activities’’, $1,588,000,000, 19 to remain available until September 30, 2018: Provided, 20 That such amount is designated by the Congress for Over21 seas Contingency Operations/Global War on Terrorism 22 pursuant to section 251(b)(2)(A)(ii) of the Balanced 23 Budget and Emergency Deficit Control Act of 1985. •S 3117 PCS 342 1 UNITED STATES AGENCY FOR INTERNATIONAL 2 3 DEVELOPMENT FUNDS APPROPRIATED 4 5 TO THE PRESIDENT OPERATING EXPENSES For an additional amount for ‘‘Operating Expenses’’, 6 $152,875,000, to remain available until September 30, 7 2018: Provided, That such amount is designated by the 8 Congress for Overseas Contingency Operations/Global 9 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 10 the Balanced Budget and Emergency Deficit Control Act 11 of 1985. 12 13 CAPITAL INVESTMENT FUND For an additional amount for ‘‘Capital Investment 14 Fund’’, $133,840,000, to remain available until expended: 15 Provided, That such amount is designated by the Congress 16 for Overseas Contingency Operations/Global War on Ter17 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal18 anced Budget and Emergency Deficit Control Act of 1985. 19 BILATERAL ECONOMIC ASSISTANCE 20 FUNDS APPROPRIATED 21 22 TO THE PRESIDENT INTERNATIONAL DISASTER ASSISTANCE For an additional amount for ‘‘International Disaster 23 Assistance’’, $1,919,421,000, to remain available until ex24 pended: Provided, That such amount is designated by the 25 Congress for Overseas Contingency Operations/Global •S 3117 PCS 343 1 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 2 the Balanced Budget and Emergency Deficit Control Act 3 of 1985. 4 5 TRANSITION INITIATIVES For an additional amount for ‘‘Transition Initia- 6 tives’’, $37,000,000, to remain available until expended: 7 Provided, That such amount is designated by the Congress 8 for Overseas Contingency Operations/Global War on Ter9 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 11 12 COMPLEX CRISES FUND For an additional amount for ‘‘Complex Crises 13 Fund’’, $20,000,000, to remain available until expended: 14 Provided, That such amount is designated by the Congress 15 for Overseas Contingency Operations/Global War on Ter16 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 18 19 ECONOMIC SUPPORT FUND For an additional amount for ‘‘Economic Support 20 Fund’’, $2,735,008,000, to remain available until Sep21 tember 30, 2018: Provided, That such amount is des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism pursuant to section 24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 25 Deficit Control Act of 1985. •S 3117 PCS 344 1 2 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA For an additional amount for ‘‘Assistance for Eu- 3 rope, Eurasia and Central Asia’’, $404,606,000, to remain 4 available until September 30, 2018: Provided, That such 5 amount is designated by the Congress for Overseas Con6 tingency Operations/Global War on Terrorism pursuant to 7 section 251(b)(2)(A)(ii) of the Balanced Budget and 8 Emergency Deficit Control Act of 1985. 9 DEPARTMENT 10 11 OF STATE MIGRATION AND REFUGEE ASSISTANCE For an additional amount for ‘‘Migration and Ref- 12 ugee Assistance’’ to respond to refugee crises, including 13 in Africa, the Near East, South and Central Asia, and 14 Europe and Eurasia, $2,127,114,000, to remain available 15 until expended, except that such funds shall not be made 16 available for the resettlement costs of refugees in the 17 United States: Provided, That such amount is designated 18 by the Congress for Overseas Contingency Operations/ 19 Global War on Terrorism pursuant to section 20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. 22 UNITED STATES EMERGENCY REFUGEE AND MIGRATION 23 ASSISTANCE FUND 24 For an additional amount for ‘‘United States Emer- 25 gency Refugee •S 3117 PCS and Migration Assistance Fund’’, 345 1 $40,000,000, to remain available until expended: Pro2 vided, That such amount is designated by the Congress 3 for Overseas Contingency Operations/Global War on Ter4 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985. 6 INTERNATIONAL SECURITY ASSISTANCE 7 DEPARTMENT OF STATE 8 INTERNATIONAL NARCOTICS CONTROL AND LAW 9 ENFORCEMENT 10 For an additional amount for ‘‘International Nar- 11 cotics Control and Law Enforcement’’, $304,650,000, to 12 remain available until September 30, 2018: Provided, 13 That such amount is designated by the Congress for Over14 seas Contingency Operations/Global War on Terrorism 15 pursuant to section 251(b)(2)(A)(ii) of the Balanced 16 Budget and Emergency Deficit Control Act of 1985. 17 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND 18 RELATED PROGRAMS 19 For an additional amount for ‘‘Nonproliferation, 20 Anti-terrorism, Demining and Related Programs’’, 21 $214,254,000, to remain available until September 30, 22 2018: Provided, That such amount is designated by the 23 Congress for Overseas Contingency Operations/Global 24 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of •S 3117 PCS 346 1 the Balanced Budget and Emergency Deficit Control Act 2 of 1985. 3 4 PEACEKEEPING OPERATIONS For an additional amount for ‘‘Peacekeeping Oper- 5 ations’’, $293,941,000, to remain available until Sep6 tember 30, 2018: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 12 13 FUNDS APPROPRIATED TO THE PRESIDENT FOREIGN MILITARY FINANCING PROGRAM For an additional amount for ‘‘Foreign Military Fi- 14 nancing Program’’, $1,044,553,000, to remain available 15 until September 30, 2018: Provided, That such amount 16 is designated by the Congress for Overseas Contingency 17 Operations/Global War on Terrorism pursuant to section 18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 GENERAL PROVISIONS 21 ADDITIONAL APPROPRIATIONS 22 SEC. 8001. Notwithstanding any other provision of 23 law, funds appropriated in this title and designated for 24 Overseas Contingency Operations/Global War on Ter25 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal- •S 3117 PCS 347 1 anced Budget and Emergency Deficit Control Act of 1985 2 are in addition to amounts appropriated or otherwise 3 made available in this Act for fiscal year 2017. 4 5 EXTENSION OF AUTHORITIES AND CONDITIONS SEC. 8002. Unless otherwise provided for in this Act, 6 the additional amounts appropriated by this title, and des7 ignated for Overseas Contingency Operations/Global War 8 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 9 Balanced Budget and Emergency Deficit Control Act of 10 1985, to appropriations accounts in this Act shall be avail11 able under the authorities and conditions applicable to 12 such appropriations accounts. 13 14 TRANSFER OF FUNDS SEC. 8003. (a)(1) Funds appropriated by this title 15 in this Act under the headings ‘‘Transition Initiatives’’, 16 ‘‘Complex Crises Fund’’, ‘‘Economic Support Fund’’, and 17 ‘‘Assistance for Europe, Eurasia and Central Asia’’ may 18 be transferred to, and merged with, funds appropriated 19 by this title under such headings. 20 (2) Funds appropriated by this title in this Act under 21 the headings ‘‘International Narcotics Control and Law 22 Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 23 Demining and Related Programs’’, ‘‘Peacekeeping Oper24 ations’’, and ‘‘Foreign Military Financing Program’’ may •S 3117 PCS 348 1 be transferred to, and merged with, funds appropriated 2 by this title under such headings. 3 (3) Of the funds appropriated by this title in this Act 4 under the heading ‘‘Economic Support Fund’’, up to 5 $400,000,000 may transferred to, and merged with, funds 6 appropriated by this title under the heading ‘‘Inter7 national Disaster Assistance’’. 8 (b) Notwithstanding any other provision of this sec- 9 tion, not to exceed $25,000,000 from funds appropriated 10 under the headings ‘‘International Narcotics Control and 11 Law Enforcement’’, ‘‘Peacekeeping Operations’’, and 12 ‘‘Foreign Military Financing Program’’ by this title in this 13 Act may be transferred to, and merged with, funds pre14 viously made available under the heading ‘‘Global Security 15 Contingency Fund’’. 16 (c) The transfer authority provided in subsection (a) 17 may only be exercised to address contingencies. 18 (d) The transfer authority provided in subsections (a) 19 and (b) shall be subject to prior consultation with, and 20 the regular notification procedures of, the Committees on 21 Appropriations: Provided, That such transfer authority is 22 in addition to any transfer authority otherwise available 23 under any other provision of law, including section 610 24 of the Foreign Assistance Act of 1961 which may be exer- •S 3117 PCS 349 1 cised by the Secretary of State for the purposes of this 2 title. 3 4 DESIGNATION REQUIREMENT SEC. 8004. Each amount designated in this Act by 5 the Congress for Overseas Contingency Operations/Global 6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 7 the Balanced Budget and Emergency Deficit Control Act 8 of 1985 shall be available only if the President subse9 quently so designates all such amounts and transmits such 10 designations to the Congress. 11 12 RESCISSION OF FUNDS SEC. 8005. Of the funds appropriated in prior Acts 13 making appropriations for the Department of State, for14 eign operations, and related programs under the heading 15 ‘‘Bilateral Economic Assistance, Funds Appropriated to 16 the President, Economic Support Fund’’, $165,000,000 17 are rescinded: Provided, That such amounts are des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. •S 3117 PCS 350 1 2 3 4 TITLE IX—MATTERS RELATING TO ISRAEL SEC. 9001. SHORT TITLE. This title may be cited as the ‘‘Combating BDS Act 5 of 2016’’. 6 SEC. 9002. AUTHORITY OF STATE AND LOCAL GOVERN- 7 MENTS TO DIVEST FROM ENTITIES THAT EN- 8 GAGE IN CERTAIN BOYCOTT, DIVESTMENT, 9 OR 10 11 SANCTIONS ACTIVITIES TARGETING ISRAEL. (a) AUTHORITY TO DIVEST.—Notwithstanding any 12 other provision of law, a State or local government may 13 adopt and enforce measures that meet the requirements 14 of subsection (b) to divest the assets of the State or local 15 government from, or prohibit investment of the assets of 16 the State or local government in— 17 (1) an entity that the State or local government 18 determines, using credible information available to 19 the public, knowingly engages in a commerce-related 20 or investment-related boycott, divestment, or sanc- 21 tions activity targeting Israel; 22 23 (2) a successor entity or subunit of an entity described in paragraph (1); or •S 3117 PCS 351 1 (3) an entity that owns or controls, is owned or 2 controlled by, or is under common ownership or con- 3 trol with, an entity described in paragraph (1). 4 (b) REQUIREMENTS.—A State or local government 5 that seeks to adopt or enforce a measure under subsection 6 (a) shall meet the following requirements: 7 (1) NOTICE.—The State or local government 8 shall provide written notice to each entity to which 9 a measure under subsection (a) is to be applied. 10 (2) TIMING.—The measure shall apply to an 11 entity not earlier than the date that is 90 days after 12 the date on which written notice is provided to the 13 entity under paragraph (1). 14 (3) OPPORTUNITY FOR HEARING.—The State 15 or local government shall provide an opportunity to 16 comment in writing to each entity to which a meas- 17 ure is to be applied. If the entity demonstrates to 18 the State or local government that the entity has not 19 engaged in a commerce-related or investment-related 20 boycott, divestment, or sanctions activity targeting 21 Israel, the measure shall not apply to the entity. 22 (4) SENSE OF CONGRESS ON AVOIDING ERRO- 23 NEOUS TARGETING.—It 24 that a State or local government should not adopt 25 a measure under subsection (a) with respect to an •S 3117 PCS is the sense of Congress 352 1 entity unless the State or local government has 2 made every effort to avoid erroneously targeting the 3 entity and has verified that the entity engages in a 4 commerce-related or investment-related boycott, di- 5 vestment, or sanctions activity targeting Israel. 6 (c) NOTICE TO DEPARTMENT OF JUSTICE.—Not 7 later than 30 days after adopting a measure pursuant to 8 subsection (a), a State or local government shall submit 9 written notice to the Attorney General describing the 10 measure. 11 (d) NONPREEMPTION.—A measure of a State or local 12 government authorized under subsection (a) is not pre13 empted by any Federal law. 14 (e) EFFECTIVE DATE.—This section applies to any 15 measure adopted by a State or local government before, 16 on, or after the date of the enactment of this Act. 17 18 (f) RULE OF CONSTRUCTION.— (1) AUTHORITY OF STATES.—Nothing in this 19 section shall be construed to abridge the authority of 20 a State to issue and enforce rules governing the 21 safety, soundness, and solvency of a financial insti- 22 tution subject to its jurisdiction or the business of 23 insurance pursuant to the Act of March 9, 1945 (59 24 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (com- 25 monly known as the ‘‘McCarran-Ferguson Act’’). •S 3117 PCS 353 1 (2) POLICY OF THE UNITED STATES.—Nothing 2 in this section shall be construed to alter the estab- 3 lished policy of the United States concerning final 4 status issues associated with the Arab-Israeli con- 5 flict, including border delineation, that can only be 6 resolved through direct negotiations between the 7 parties. 8 (g) DEFINITIONS.—In this section: 9 (1) ASSETS.— 10 (A) IN GENERAL.—Except as provided in 11 subparagraph (B), the term ‘‘assets’’ means 12 any pension, retirement, annuity, or endowment 13 fund, or similar instrument, that is controlled 14 by a State or local government. 15 (B) EXCEPTION.—The term ‘‘assets’’ does 16 not include employee benefit plans covered by 17 title I of the Employee Retirement Income Se- 18 curity Act of 1974 (29 U.S.C. 1001 et seq.). 19 (2) BOYCOTT, DIVESTMENT, OR SANCTIONS AC- 20 TIVITY TARGETING ISRAEL.—The 21 vestment, or sanctions activity targeting Israel’’ 22 means any activity that is intended to penalize, in- 23 flict economic harm on, or otherwise limit commer- 24 cial relations with Israel or persons doing business 25 in Israel or in Israeli-controlled territories for pur- •S 3117 PCS term ‘‘boycott, di- 354 1 poses of coercing political action by, or imposing pol- 2 icy positions on, the Government of Israel. 3 (3) ENTITY.—The term ‘‘entity’’ includes— 4 5 (A) any corporation, company, business association, partnership, or trust; and 6 (B) any governmental entity or instrumen- 7 tality of a government, including a multilateral 8 development institution (as defined in section 9 1701(c)(3) of the International Financial Insti- 10 tutions Act (22 U.S.C. 262r(c)(3))). 11 (4) INVESTMENT.—The term ‘‘investment’’ in- 12 cludes— 13 14 (A) a commitment or contribution of funds or property; 15 (B) a loan or other extension of credit; and 16 (C) the entry into or renewal of a contract 17 for goods or services. 18 (5) STATE.—The term ‘‘State’’ means each of 19 the several States, the District of Columbia, the 20 Commonwealth of Puerto Rico, the Commonwealth 21 of the Northern Mariana Islands, American Samoa, 22 Guam, the United States Virgin Islands, and any 23 other territory or possession of the United States. 24 25 (6) STATE OR LOCAL GOVERNMENT.—The ‘‘State or local government’’ includes— •S 3117 PCS term 355 1 2 (A) any State and any agency or instrumentality thereof; 3 (B) any local government within a State 4 and any agency or instrumentality thereof; and 5 (C) any other governmental instrumen- 6 tality of a State or locality. 7 SEC. 9003. SAFE HARBOR FOR CHANGES OF INVESTMENT 8 POLICIES BY ASSET MANAGERS. 9 Section 13(c)(1) of the Investment Company Act of 10 1940 (15 U.S.C. 80a–13(c)(1)) is amended— 11 12 13 14 15 (1) in subparagraph (A), by striking ‘‘; or’’ and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: 16 ‘‘(C) engage in any boycott, divestment, or 17 sanctions activity targeting Israel described in 18 section 9002 of the Combating BDS Act of 19 2016.’’. 20 This Act may be cited as the ‘‘Department of State, 21 Foreign Operations, and Related Programs Appropria22 tions Act, 2017’’. •S 3117 PCS 114TH CONGRESS 2D SESSION Calendar No. 541 S. 3117 [Report No. 114–290] 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. JUNE 29, 2016 Read twice and placed on the calendar