Received by Re M. DEPARTMENTIOF STATE AND OTHER INTERNATIONAL PROGRAMS (2) Section 109?472 (3 usc 1714 note) is antendedbyinserting ?and the consular protection of U.S. citizens and their interests overseas" o?er ?in support of enhanced bot-da- security" each place it appears. TRANSFER OF 8.4mm. Section 7081(h) ofthe Department dState, Foreigi Operations, and Related Programs Appropriation Act. 20) 7 (division of Public Law I l5?31) shall continue in eject in ?scal year 20} 9. FRAUD PREVENTION AND omcnon Fees Sec: 705). In addition to the uses permitted pursuant to section 286(v)(2)(A) of the lmrnigrarton and NationaliorAct (8 U. 135 the Secretary of State may also use feet deposited into the Prevention and Detection Account for programs and activities within the Utated States and at U. S. ernbamesand consulates abroad for the prevention and detectiOn of visa fraud, to include increasing the number of personnel assigned exclusively or primarily to the ?tnctian of preventing and detecting visa ?aud. nutmmv To ISSUE ADMINISTRATIVE sunroems Sec. 7052. Section 3486 of Title 18. United States Code. is amended? (0) in Subsection (1) in clause by striking and (2) by adding new clauses (iv) and immediately prior to "may issue in writing artdcause to be served a subpoena?. as?allows: an aim under section 878. or a threat against aperson. foreign mission or organization authorized to receive protection by special agents of the Depart- ment ofStare and the Foreign Service under paragraph (3) of section 2709 of title 22.. if the Assistant Secretaryfor Diplomatic Security or the Director of the Diplomatic Security Service determines that the threat constituting the ofense or threat against the person or place protected is irnntinent. the Secretaiy of State. or on o?nse under chapter 75. Passports and Visas. the Secretary of State. . in subsection by ttrib?ng or and inserting (DOOM). 9' in subsection by inserting before the period." ,and as soon as prac? ticablefollowing' issuance of a subpoena under paragraph the Secretary of State shall noti?: the Attorney General ofits issuance". and tn subsection by replacing the existing language with the following: Health information about an individual that is disclosed under this section may not be used in. or disclosed to any person for use in. any administrative. civil. or criminal action or investigation directed against the individual who is the subject of the unless the action or investigation arises out of and is directly related to receipt of health care or payrnerit?r health care or action in- volving a ?mtdulent claim related to health; directly relates to the purpose for which the subpoena was authorized under paragraph or is authorized by showing good cause therefor.?. CONSULAR NOTIFICATION COMPLIANCE Soc. 7053. Roman ran Bevan. URJSDICHOM Nonvithstanding any Other provision oflaw. a Federal court shall have jurisdiction to review the merits ofa petition claiming violation of Article 36(l)(b) or of the Vienna Convention on Consular Relations, done at Vienna April 24. 1963. or a comparable provision ofo bilataal international agreement addressing consular noti?cation and access, ?led by an individual convicted and sentenced to death by any Federal or State court bejbre the date of enactment of this Act. . (2) STANDARD. To obtain relief on individual ?describedin paragraph (l must make a showing ofactuolprejudice to the criminal result ofthe violation. The court may conduct an evidentiary hearing if necessary to supplement the record and. upon a ?nding of acnoal prejudice. shall order a new trial or sentencing proceeding. (3) Ltm'mrtotvs. (A) SHOWING To quali?for revicw under this subsection. apetltion must make an initial showing that- 6 Marion afArticlel??ifbi or alike rm Convention on Consular Relations. done at Vienna April 24. 1963. or a comparable provision ofo bi- lateral international agreanent addressing consular noti?cation and access. occurred with respect to the intdvia?ual described in paragraph (I), and t) if such violation had not named. the Consulate would have provided assistance to the individual. - (B) or Peron A petitianfor review under this sub- section shall not be granted if the claimed violation described in paragraph (I) has previously been adjudicated on the merits by a Federal or State court of competent jurisdiction in a proceeding in which no Federal or ?ute procedural bars wee raised with respect to such violation and in which the court provided review equivalent to the review provided in this subsection. unless the adpidico- tratii 11 Unit ?not .26 arm "lawns?Continued - 0i/(20 2018 849 tionofthecloim resulteo'tnadectsion mat wasbasadonan unreasonablede- termination of the facts in light of the evio?atce presented in the prior Federal or State court proceeding (C) FILING DEADLM A petition for review under this subsection shall be . the date afenacttnent ofthit?rlct: at) the date on which the Federal or Sm court judynent against the indi vidml described in paragraph?) become ?nal by the conclusion of direct review or the equation of the tinte?zr seeking such review: or at) lhedateon which thelmpedimentlo?lirtg apetition createdby Federal or State action in violation ofthc Constitua'on or laws of the United States "a removed. tfth'e individual described in WW (I) was prevented from ?ling by such Federal or State acu'on. (D) TOLLING ?to time (hiring which a properly ?led application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pendingshall not be counted toward the 1-year period oflt'mitation. (E) True Lttittr son Review. A Federal court that! give priority to a petition ?tr revtcw?led under this subsection over all noncapital matters With respect to a petitionfor review?lad under this subsection and claiming only a violation described in paragraph (I) a Federal court shall render a ?nal determination oneyeara?er thedate on which the petition ts ?led (4) Hams Permmv. A petition for review under this subsection shall bepart of the ?rst Federal habeas corpus application or motion for Federal collateral relief under chapter 153 of title 28. United States Code. ?led by an individual. except that {fan mdivtdual?led a Federal habeas corpus application or motion ?r Federal collateral relief before the date of enactment of this Act or if such application it required to be ?led bejbre the date that is.) year o?a the date of enactment Act. such petition ?n review under this subsection shall be ?led not later than 1 year after the attachment date or within the period prescribed by paragraph whichever is later, No petition ?led in commit); With the requirements of the preceding sentence shall be considered a second or successive habeas corpus application or subjected to any bars to reliefbased on pr?eenactment proceedings other than as?spea'?ed in paragraph (2). (5) REFERRAL 10 Montana A Federal court acting under this subsection may refer the petition for review to a Federal magistrate for proposed ?ndings and recommendations pursuant to 28 U. (6) Accent. (A) IN GENERAL A ?nal order on a petition for review under paragraph (I) shall be subject to review on appeal by the court of appeals for the circuit in which the proceeding is held. appmla?rtolorderon underparagraph (I) only tfadistrict or circuitjudge issues a certi?cate ofappealobility A district or circuit court judge shall issue or deny a certi?cate ofappealability not later than 30 days a?er an application ?rr a certi?cate ofappealability is?led A district judge or circuit judge may issue a certi?cate of appealability under this subparagraph if the individual has made a substantial showing of actual prejudice to the criminal conviction or sentence of the individual as a result ofa violation de- scribed in paragraph (I). VIOLATION. GENERAL. An individual not covered by subsection who is arrested, detained. or held ?rr trial on a charge that would expose the individual to a capital sentence if convicted may raise a claim ofo violation of Article 36(l)(b) or of the Vienna Convention on Consular Relattons. done at Vienna April 24. 1963, or of a computable provision of a bilateral international agreement addressing consularnoa??caaon and access. at a reasonable time a?cr the individual becomes awareof the violation, before the court with jurisdiction over the charge. Upon a ?nding of such a violatiom (A) the consulate of the foreign state of which the individual is a national shall be noti?ed immediately by the detaining authority, and consular access to the individual shall be a?ordcd in?accordartce with the provisions of the Vienna Convention on Consular Relations. done at, Vienna April 24. l963. or the com- parablc provisions of a bilateral international agreement addressing consular noti?cation and access; and (B) the court? shall postpone anypro'ceedings to the extent the court determines sury to allow for adequate opportunity ?rr consular access and assistance; and . (it) may enter necessary orders to facilitate consular access and assistance (2) Ewoe?mmv Becomes; The court may conduct evidentiay hearings it - necessary to resolve 121ch issues- These materials are distributed by Brownstein Hyatt Farber reck, LLP on behalf of the Embassy of Mexico. Additional information is on ?le with the Department of Justice, Washington. DC. Received by Registration Unit 02/20/2018 5:49:26 PM Received by Registration Unit 02/20/2018 850 "WEEK?Continued (3) RULE or Communion Nothing in this subsection shall be construed to create any additional remedy. DEFINITIONS. In this section die term "State? means any State of the United States, the District o/Colutnbia the Commonwealth ofl?ucrta Rico, and any territory or possession of the United States APPLICABILITY The provisions of this section shall apply during the current ?scal year - moron GENERAL mm SEC 7054. Section 81. ofthe Inspector General Act afl978 (5 0.8. App) ts amended in subsection to read as follows To employ or authorize the employment by the other Inspectors General speci?ed in subsection on a ten'tporary basis using the azahorities in section 3161 of title 5. United States Code (but without regard to subsections and of such section). such auditors. alvesdgators. and other personnel as the lead Inspector General cotuidcrs appropriate to assist the lead hupector General and such other Inspectors General on Inaaers relating to the contingency opera- tion." Section 8L of the Inspector General Act of I978 (5 U. C. App.) is amended in subsection to read as follows (A) Each Inspector General speci?ed in subsection may employ annu- itants covered bysection.9902(g) of title 5. Unitcd'States Code, ?tr purposes of assisting the lead Inspector in discharging responsibilities under this subsection with respect to the contingency operation The enmloyntent under this subsection ofan mountain daa'ibd in section 9902(g} oftitle 5, United States Code. shall be governed by the provisions of such section as if the position in Which the annuitant is employed was a position in the Department och?nsc. Format mauodmtreceiving an annuity under the Foreign Service Retircm'etu and Disability System or the Foreign Service Peru-ion system under Chapter 52. Subchapter of?tle 22 may be reentployed as if covered by section 9902(g}(l) of file 5 Noovithstanding any other provision oflaw. a Foreign Service annuitant so rcemp'loyed shall continue to receive his full annuity and shall not be con- sidered a participant ?nr purposes ofsubchaptcr of Chapter 52 of Title 22 or an employeeforpu?rposcs of subchapter of chapter 83 or chapter 8? ofTitle 5 A Foreign Service ann?uitant reetnploycd under this subsection may elect in writingfor his to be subject to subsection 406d othtle 22 Artth election must be made within 90 days afh?u under this subsection" Section 8L ofthc Inspector General Act ofl978 (5 USC. APP) is amended The authority to employ personnel under this subsccaon for a contingency operation shall cease as providcdfor in subsection WORKING CAPITAL FUND SEC. 7055. The Administrator of the United States Agatcyfor International Development (the Administrator) is authorized to establish a Working Capital Fund (in this section re?ned to as the 'Fund"). (b)Fundsdepositedin without ?scalyear linutationandused. ?tr adrninisa'an?ve costs raulting?om agency acquisition assistance opa'atitms. the administratiort of this Find, and administrative contingencies designated by the Administrator. such expanses may (I) personal and services. (2) mm to swim and (4) other administrative costs related to acquisition and assistance operations. There may be deposited during any?soal year in the Fund up to percent of the total value of obligations entered into by the United States Agency for Internae tional Development appropriations available to USAID and any ap- propriation made available for the purpose of providing capital. Receipts?orn the ditpatalaj: arrepaymentsfor theloss ordarnage the Fund, re- bates, re?inds and other credits applicable to the operation of the At the close of each ?scal year the Administrator shall transfer to the general ?tnd ofthe Treasury mm in excess ofJ'lOO. 000. 000 andsuch other amounts as the Administrator determines to be in excess ofthc needs ofthc Fund. INFECTIOUS DISEASE CONTROL SEC. 7056. Unobligatcd balanCcs appropriated under the heading "Bilateral Economic Assistance" in title 1X of division of the Consolidated and ther ContinuingAppropriations Act. 20l5 (Public 12m 113?235) shall. any other provision of law. also be available for assistance or research to detect. THE BUDGET son FISCAL YEAR 2019 prevent. treat. andcomlntalartaorother at risk of such diseases and prevent. preparcfar. and rdpond Ia emerging health thr?eatsinthosecountrias: Provided, section are designated by the Congest as an emergency requirement pursuant to section of the Balanced Budget and Emergency De?cit Control Act as amended. and shall be available only if the President subsequently so designates all such Wand mama: such designations to the Congress MILLENNIUM CHALLENGE Sec 7057. IN GENERAL ?Section 609 of the Mllennium Challenge Act of 2003 (22 USC. 7708) is amended?? (2) Ornate-signaling subsection as subsection (1): and (3) by warm: on: mm? 0) thejbllowing: CONCURRENT COMPA cl igiblc country that has entered into andhaveinc??ct at the some tinte not more than one additional Compact in accordance with the requirements under this title if? one or both of the Compacts are or will the pwposes ofregional - economic integration. increased regional trade. or cross-border collaborations: and the Board determines that the country is making considerable and demonstrable progress in implementing the terms of the existing Compact and Wm thereto. Coumeumo Wm ?Scction 6I3(b)(2)(a) ofsuch Act {22 as. C. is amended by striking ?the"be?te "Compact? and inserting "any. amendments made by this section shall apply with respect to Compacts entered into between the United States and an eligible country under the Millennium ChallengeAct of 2003 before. on. or a?cr the date of the enactment of this Act. . INCENUVB PAYMENTS Soc 7058. Section 3523 of title 5. Code shall be applied with respect to ?nds made available by this Act by substituting ?340, 000"}5r ??25 000" in subsection of such section. Devuomcm BANK Sec. 7059. The Asian Development Bank Act. Public Law 89?369. as attended (22 (ISO. 285 ctseo.). is'?trdter attended by adding at the end thereof the following new section.- ."Sec. 36. Eleventh Replenishment. The 0mm" Governor ofth?c Bank is authorized to contribute. on behalf of the UnitedStatet, 8189, 580. 000 to the eleventh replenishment of the resource! In order to pay/hr the US cortaibudon prwidedfor in subsection there are authorized to be appropriated. without ?scal year limitation. 3189. 580,000for payment by the Secretary of the Treasury. The International Development Association Act, Public law 86-565, as amended (22 US C. 284 ct seq), is amended by adding at the end thereof the following new section: ?See 30. Eighteenth Replenishment.? The Unitalm Governor of the International Development Association is authorized to contribute on behalf of the United States 33. 291.030, 000 to the eighteenth replenishment of the resources afthc Association subject to obtaining the necessary appropriations In order to pay for the U. canvibution providedfor in subsection there are authorized to be appropriated. without ?scal year limitation, 030.000 for by the Secretary of the Treasury The African Development Fund Act Public Law 94402, as amendd (22 U. S. C. 290g ct seq is?trther amended by adding at the end thereof the following new section. "See. 225. Fourteenth Replenishmatt.-? The UnitedSiatcs Governor of the Fund is authorized to contribute on behalf of the United States $513,900,000 to the ?aurtecnth replenishment of the resources of the Fund. subject to obtaining the necessary appropriations. In order to pay for the US. contribution provided for in subsection there are authoraed to be appropriated. without ?scal year limitation. $513,900.000for payout! by the Secretary of the Treasury. (Emmi. ?l'O wmve CERTAIN ANNUITY LIMITATIONS ON REHIIBD some}: SERVICE ANNUITANTS . Sec 7060. Section 209 of the Foreign Service Act of I980 (22 US. C. 3929) is amended by adding a new Month) to read as follows: Waiver qunnut?ty Limitations for Certain Rehircd Foreign Service Annuit- ants.? These materials are distributed by Brownstein Hyatt Farber Schreck. LLP on behalf of the Embassy of Mexico. Additional information is on file with the Department oflustice, Washington, D. Received by Registration Unit 02/20/2018 5:49:26 PM