II 

Calendar No. 216 

115TH CONGRESS 

1ST SESSION S. 1780 

[Report No. 115–152] 

Making appropriations for the Department of State, foreign operations, and 

related programs for the fiscal year ending September 30, 2018, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7, 2017 

Mr. GRAHAM, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Department of State, foreign 

operations, and related programs for the fiscal year ending September 30, 2018, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 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, 2018, and 

7 for other purposes, namely: 
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1 TITLE I 

2 DEPARTMENT OF STATE AND RELATED 

3 AGENCY 

4 DEPARTMENT OF STATE 

5 ADMINISTRATION OF FOREIGN AFFAIRS

6 DIPLOMATIC AND CONSULAR PROGRAMS

7 For necessary expenses of the Department of State 

8 and the Foreign Service not otherwise provided for, 

9 $8,580,698,000, of which: $2,975,971,000 is designated 

10 by the Congress for Overseas Contingency Operations/ 

11 Global War on Terrorism pursuant to section 

12 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985; up to $1,233,445,000 may 

14 remain available until September 30, 2019; and up to 

15 $3,756,874,000 may remain available until expended for 

16 Worldwide Security Protection: Provided, That funds 

17 made available under this heading shall be allocated in ac18 cordance with paragraphs (1) through (4) as follows: 

19 (1) HUMAN RESOURCES.—For necessary ex20 penses for training, human resources management, 

21 and salaries, including employment without regard 

22 to civil service and classification laws of persons on 

23 a temporary basis (not to exceed $700,000), as au24 thorized by section 801 of the United States Infor25 mation and Educational Exchange Act of 1948, 
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1 $2,679,633,000, of which up to $476,879,000 is for 

2 Worldwide Security Protection. 

3 (2) OVERSEAS PROGRAMS.—For necessary ex4 penses for the regional bureaus of the Department 

5 of State and overseas activities as authorized by law, 

6 $1,823,656,000. 

7 (3) DIPLOMATIC POLICY AND SUPPORT.—For 

8 necessary expenses for the functional bureaus of the 

9 Department of State, including representation to 

10 certain international organizations in which the 

11 United States participates pursuant to treaties rati12 fied pursuant to the advice and consent of the Sen13 ate or specific Acts of Congress, general administra14 tion, and arms control, nonproliferation and disar15 mament activities as authorized, $774,957,000. 

16 (4) SECURITY PROGRAMS.—For necessary ex17 penses for security activities, $3,302,452,000, of 

18 which up to $3,279,995,000 is for Worldwide Secu19 rity Protection. 

20 (5) FEES AND PAYMENTS COLLECTED.—In ad21 dition to amounts otherwise made available under 

22 this heading— 

23 (A) as authorized by section 810 of the 

24 United States Information and Educational Ex25 change Act, not to exceed $5,000,000, to re-
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1 main available until expended, may be credited 

2 to this appropriation from fees or other pay3 ments received from English teaching, library, 

4 motion pictures, and publication programs and 

5 from fees from educational advising and coun6 seling and exchange visitor programs; and 

7 (B) not to exceed $15,000, which shall be 

8 derived from reimbursements, surcharges, and 

9 fees for use of Blair House facilities. 

10 (6) TRANSFER OF FUNDS, REPROGRAMMING, 

11 AND OTHER MATTERS.— 

12 (A) Notwithstanding any other provision of 

13 this Act, funds may be reprogrammed within 

14 and between paragraphs (1) through (4) under 

15 this heading subject to section 7015 of this Act. 

16 (B) Of the amount made available under 

17 this heading, not to exceed $10,000,000 may be 

18 transferred to, and merged with, funds made 

19 available by this Act under the heading ‘‘Emer20 gencies in the Diplomatic and Consular Serv21 ice’’, to be available only for emergency evacu22 ations and rewards, as authorized. 

23 (C) Funds appropriated under this heading 

24 are available for acquisition by exchange or pur25 chase of passenger motor vehicles as authorized 
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1 by law and, pursuant to section 1108(g) of title 

2 31, United States Code, for the field examina3 tion of programs and activities in the United 

4 States funded from any account contained in 

5 this title. 

6 (D) Funds appropriated under this head7 ing may be made available for Conflict Sta8 bilization Operations and for related reconstruc9 tion and stabilization assistance to prevent or 

10 respond to conflict or civil strife in foreign 

11 countries or regions, or to enable transition 

12 from such strife. 

13 (E) Funds appropriated under this head14 ing that are designated for Worldwide Security 

15 Protection shall continue to be made available 

16 for support of security-related training at sites 

17 in existence prior to the enactment of this Act. 

18 (F) Of the funds appropriated under this 

19 heading, up to $5,000,000 may be transferred 

20 to any other appropriation of any department 

21 or agency of the United States Government, 

22 upon the concurrence of the head of such de23 partment or agency, to support operations in, 

24 and assistance for, Afghanistan and to carry 

25 out the provisions of the Foreign Assistance Act 
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1 of 1961: Provided, That any such transfer shall 

2 be subject to the regular notification procedures 

3 of the Committees on Appropriations. 

4 CAPITAL INVESTMENT FUND

5 For necessary expenses of the Capital Investment 

6 Fund, as authorized, $15,000,000, to remain available 

7 until expended. 

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector 

10 General, $145,729,000, of which: $68,100,000 is des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985; and $79,744,000 may remain 

15 available until September 30, 2019: Provided, That funds 

16 appropriated under this heading that are made available 

17 for the printing and reproduction costs of the Special In18 spector General for Afghanistan Reconstruction (SIGAR) 

19 shall not exceed amounts for such costs during fiscal year 

20 2017: Provided further, That notwithstanding any other 

21 provision of law, any employee of SIGAR who completes 

22 at least 12 months of continuous service after the date 

23 of enactment of this Act or who is employed on the date 

24 on which SIGAR terminates, whichever occurs first, shall 

25 acquire competitive status for appointment to any position 
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1 in the competitive service for which the employee possesses 

2 the required qualifications: Provided further, That funds 

3 appropriated under this heading are made available not4 withstanding section 209(a)(1) of the Foreign Service Act 

5 of 1980 (22 U.S.C. 3928(a)(1)), as it relates to post in6 spections. 

7 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

8 For expenses of educational and cultural exchange 

9 programs, as authorized, $634,143,000, to remain avail10 able until expended, of which not less than $240,000,000 

11 shall be for the Fulbright Program and not less than 

12 $111,360,000 shall be for Citizen Exchange Program, in13 cluding $4,125,000 for the Congress-Bundestag Youth 

14 Exchange: Provided, That fees or other payments received 

15 from, or in connection with, English teaching, educational 

16 advising and counseling programs, and exchange visitor 

17 programs as authorized may be credited to this account, 

18 to remain available until expended: Provided further, That 

19 a portion of the Fulbright awards from the Eurasia and 

20 Central Asia regions shall be designated as Edmund S. 

21 Muskie Fellowships, following consultation with the Com22 mittees on Appropriations: Provided further, That any 

23 substantive modifications from the prior fiscal year to pro24 grams funded by this Act under this heading shall be sub-
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1 ject to prior consultation with, and the regular notification 

2 procedures of, the Committees on Appropriations. 

3 REPRESENTATION EXPENSES

4 For representation expenses as authorized, 

5 $8,030,000. 

6 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

7 For expenses, not otherwise provided, to enable the 

8 Secretary of State to provide for extraordinary protective 

9 services, as authorized, $30,890,000, to remain available 

10 until September 30, 2019. 

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 $754,459,000, 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. 
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1 In addition, for the costs of worldwide security up2 grades, acquisition, and construction as authorized, 

3 $1,302,841,000, to remain available until expended, of 

4 which $158,818,000 is designated by the Congress for 

5 Overseas Contingency Operations/Global War on Ter6 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal7 anced Budget and Emergency Deficit Control Act of 1985: 

8 Provided, That not later than 45 days after enactment of 

9 this Act, the Secretary of State shall submit to the Com10 mittees on Appropriations the proposed allocation of funds 

11 made available under this heading and the actual and an12 ticipated proceeds of sales for all projects in fiscal year 

13 2018. 

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, $7,885,000, 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. 
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1 REPATRIATION LOANS PROGRAM ACCOUNT

2 For the cost of direct loans, $1,300,000, as author3 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 $2,440,856. 

9 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

10 For necessary expenses to carry out the Taiwan Rela11 tions Act (Public Law 96–8), $31,963,000. 

12 INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF

13 COLUMBIA

14 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, $743,000, to be derived from the reserve authorized 

20 by such section, to be used for the purposes set out in 

21 that section. 

22 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

23 DISABILITY FUND

24 For payment to the Foreign Service Retirement and 

25 Disability Fund, as authorized, $158,900,000. 
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1 INTERNATIONAL ORGANIZATIONS

2 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

3 For necessary expenses, not otherwise provided for, 

4 to meet annual obligations of membership in international 

5 multilateral organizations, pursuant to treaties ratified 

6 pursuant to the advice and consent of the Senate, conven7 tions, or specific Acts of Congress, $1,449,000,000, of 

8 which $96,240,000 is designated by the Congress for 

9 Overseas Contingency Operations/Global War on Ter10 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985: 

12 Provided, That the Secretary of State shall, at the time 

13 of 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 June 1, 2018, and 30 days 

25 after the end of fiscal year 2018, the Secretary of State 
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1 shall report to the Committees on Appropriations any 

2 credits attributable to the United States, including from 

3 the United Nations Tax Equalization Fund, and provide 

4 updated fiscal year 2018 and fiscal year 2019 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 regular 

9 budget, and the Committees on Appropriations shall be 

10 notified when such credits are applied to any assessed con11 tribution, including any payment of arrearages: Provided 

12 further, That any notification regarding funds appro13 priated or otherwise made available under this heading in 

14 this Act or prior Acts making appropriations for the De15 partment of State, foreign operations, and related pro16 grams submitted pursuant to section 7015 of this Act, sec17 tion 34 of the State Department Basic Authorities Act 

18 of 1956 (22 U.S.C. 2706), or any operating plan sub19 mitted pursuant to section 7076 of this Act, shall include 

20 an estimate of all known credits currently attributable to 

21 the United States and provide updated assessment costs 

22 including offsets from available credits and updated for23 eign currency exchange rates: Provided further, That any 

24 payment of arrearages under this heading shall be directed 

25 to activities that are mutually agreed upon by the United 
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1 States and the respective international organization and 

2 shall be subject to the regular notification procedures of 

3 the Committees on Appropriations: Provided further, That 

4 none of the funds appropriated under this heading shall 

5 be available for a United States contribution to an inter6 national organization for the United States share of inter7 est costs made known to the United States Government 

8 by such organization for loans incurred on or after Octo9 ber 1, 1984, through external borrowings. 

10 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

11 ACTIVITIES

12 For necessary expenses to pay assessed and other ex13 penses of international peacekeeping activities directed to 

14 the maintenance or restoration of international peace and 

15 security, $1,382,100,000, of which: $602,339,000 is des16 ignated by the Congress for Overseas Contingency Oper17 ations/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; and $719,303,000 shall re20 main available until September 30, 2019: Provided, That 

21 none of the funds made available by this Act shall be obli22 gated or expended for any new or expanded United Na23 tions peacekeeping mission unless, at least 15 days in ad24 vance of voting for such mission in the United Nations 

25 Security Council (or in an emergency as far in advance 
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1 as is practicable), the Committees on Appropriations are 

2 notified of: (1) the estimated cost and duration of the mis3 sion, the objectives of the mission, the national interest 

4 that will be served, and the exit strategy; and (2) the 

5 sources of funds, including any reprogrammings or trans6 fers, that will be used to pay the cost of the new or ex7 panded mission, and the estimated cost in future fiscal 

8 years: Provided further, That none of the funds appro9 priated under this heading may be made available for obli10 gation unless the Secretary of State certifies and reports 

11 to the Committees on Appropriations on a peacekeeping 

12 mission-by-mission basis that the United Nations is imple13 menting effective policies and procedures to prevent 

14 United Nations employees, contractor personnel, and 

15 peacekeeping troops serving in such mission from traf16 ficking in persons, exploiting victims of trafficking, or 

17 committing acts of sexual exploitation and abuse or other 

18 violations of human rights, and to bring to justice individ19 uals who engage in such acts while participating in such 

20 mission, including prosecution in their home countries and 

21 making information about such prosecutions publicly 

22 available on the Web site of the United Nations: Provided 

23 further, That the Secretary of State shall work with the 

24 United Nations and foreign governments contributing 

25 peacekeeping troops to implement effective vetting proce-
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1 dures to ensure that such troops have not violated human 

2 rights: Provided further, That funds shall be available for 

3 peacekeeping expenses unless the Secretary of State deter4 mines that United States manufacturers and suppliers are 

5 not being given opportunities to provide equipment, serv6 ices, and material for United Nations peacekeeping activi7 ties equal to those being given to foreign manufacturers 

8 and suppliers: Provided further, That none of the funds 

9 appropriated or otherwise made available under this head10 ing may be used for any United Nations peacekeeping mis11 sion that will involve United States Armed Forces under 

12 the command or operational control of a foreign national, 

13 unless the President’s military advisors have submitted to 

14 the President a recommendation that such involvement is 

15 in the national interest of the United States and the Presi16 dent has submitted to Congress such a recommendation: 

17 Provided further, That not later than June 1, 2018, and 

18 30 days after the end of fiscal year 2018, the Secretary 

19 of State shall report to the Committees on Appropriations 

20 any credits attributable to the United States, including 

21 those resulting from United Nations peacekeeping mis22 sions or the United Nations Tax Equalization Fund, and 

23 provide updated fiscal year 2018 and fiscal year 2019 as24 sessment costs including offsets from available credits: 

25 Provided further, That any such credits shall only be avail-
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1 able for United States assessed contributions to United 

2 Nations peacekeeping missions, and the Committees on 

3 Appropriations shall be notified when such credits are ap4 plied to any assessed contribution, including any payment 

5 of arrearages: Provided further, That notwithstanding the 

6 previous proviso, $11,750,000 in credits attributable to 

7 the United States may be made available to assist those 

8 affected by cholera resulting from the United Nations Sta9 bilization Mission in Haiti: Provided further, That any no10 tification regarding funds appropriated or otherwise made 

11 available under this heading in this Act or prior Acts mak12 ing appropriations for the Department of State, foreign 

13 operations, and related programs submitted pursuant to 

14 section 7015 of this Act, section 34 of the State Depart15 ment Basic Authorities Act of 1956 (22 U.S.C. 2706), or 

16 any operating plan submitted pursuant to section 7076 

17 of this Act, shall include an estimate of all known credits 

18 currently attributable to the United States and provide 

19 updated assessment costs including offsets from available 

20 credits: Provided further, That any payment of arrearages 

21 with funds appropriated by this Act shall be subject to 

22 the regular notification procedures of the Committees on 

23 Appropriations: Provided further, That the Secretary of 

24 State shall work with the United Nations and members 

25 of the United Nations Security Council to evaluate and 
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1 prioritize peacekeeping missions, and to consider a draw 

2 down when mission goals have been substantially achieved. 

3 INTERNATIONAL COMMISSIONS

4 For necessary expenses, not otherwise provided for, 

5 to meet obligations of the United States arising under 

6 treaties, or specific Acts of Congress, as follows: 

7 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

8 UNITED STATES AND MEXICO

9 For necessary expenses for the United States Section 

10 of the International Boundary and Water Commission, 

11 United States and Mexico, and to comply with laws appli12 cable to the United States Section, including not to exceed 

13 $6,000 for representation expenses; as follows: 

14 SALARIES AND EXPENSES

15 For salaries and expenses, not otherwise provided for, 

16 $48,134,000. 

17 CONSTRUCTION

18 For detailed plan preparation and construction of au19 thorized projects, $29,400,000, to remain available until 

20 expended, as authorized. 

21 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

22 For necessary expenses, not otherwise provided, for 

23 the International Joint Commission and the International 

24 Boundary Commission, United States and Canada, as au25 thorized by treaties between the United States and Can-
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1 ada or Great Britain, and the Border Environment Co2 operation Commission as authorized by the North Amer3 ican Free Trade Agreement Implementation Act (Public 

4 Law 103–182), $13,258,000: Provided, That of the 

5 amount provided under this heading for the International 

6 Joint Commission, up to $500,000 may remain available 

7 until September 30, 2019, and $9,000 may be made avail8 able for representation expenses. 

9 INTERNATIONAL FISHERIES COMMISSIONS

10 For necessary expenses for international fisheries 

11 commissions, not otherwise provided for, as authorized by 

12 law, $44,997,000: Provided, That the United States share 

13 of such expenses may be advanced to the respective com14 missions pursuant to section 3324 of title 31, United 

15 States Code. 

16 RELATED AGENCY 

17 BROADCASTING BOARD OF GOVERNORS

18 INTERNATIONAL BROADCASTING OPERATIONS

19 For necessary expenses to enable the Broadcasting 

20 Board of Governors (BBG), as authorized, to carry out 

21 international communication activities, and to make and 

22 supervise grants for radio, Internet, and television broad23 casting to the Middle East, $788,153,000, of which 

24 $4,800,000 is designated by the Congress for Overseas 

25 Contingency Operations/Global War on Terrorism pursu-
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1 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

2 and Emergency Deficit Control Act of 1985: Provided, 

3 That in addition to amounts otherwise available for such 

4 purposes, up to $34,508,000 of the amount appropriated 

5 under this heading may remain available until expended 

6 for satellite transmissions and Internet freedom programs, 

7 of which not less than $13,800,000 shall be for Internet 

8 freedom programs: Provided further, That of the total 

9 amount appropriated under this heading, not to exceed 

10 $35,000 may be used for representation expenses, of 

11 which $10,000 may be used for such expenses within the 

12 United States as authorized, and not to exceed $30,000 

13 may be used for representation expenses of Radio Free 

14 Europe/Radio Liberty: Provided further, That the BBG 

15 shall notify the Committees on Appropriations within 15 

16 days of any determination by the BBG that any of its 

17 broadcast entities, including its grantee organizations, 

18 provides an open platform for international terrorists or 

19 those who support international terrorism, or is in viola20 tion of the principles and standards set forth in sub21 sections (a) and (b) of section 303 of the United States 

22 International Broadcasting Act of 1994 (22 U.S.C. 6202) 

23 or the entity’s journalistic code of ethics: Provided further, 

24 That significant modifications to BBG broadcast hours 

25 previously justified to Congress, including changes to 
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1 transmission platforms (shortwave, medium wave, sat2 ellite, Internet, and television), for all BBG language serv3 ices shall be subject to the regular notification procedures 

4 of the Committees on Appropriations: Provided further, 

5 That in addition to funds made available under this head6 ing, and notwithstanding any other provision of law, up 

7 to $5,000,000 in receipts from advertising and revenue 

8 from business ventures, up to $500,000 in receipts from 

9 cooperating international organizations, and up to 

10 $1,000,000 in receipts from privatization efforts of the 

11 Voice of America and the International Broadcasting Bu12 reau, shall remain available until expended for carrying 

13 out authorized purposes. 

14 BROADCASTING CAPITAL IMPROVEMENTS

15 For the purchase, rent, construction, repair, preser16 vation, and improvement of facilities for radio, television, 

17 and digital transmission and reception; the purchase, rent, 

18 and installation of necessary equipment for radio, tele19 vision, and digital transmission and reception, including 

20 to Cuba, as authorized; and physical security worldwide, 

21 in addition to amounts otherwise available for such pur22 poses, $9,700,000, to remain available until expended, as 

23 authorized. 
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1 RELATED PROGRAMS 

2 THE ASIA FOUNDATION

3 For a grant to The Asia Foundation, as authorized 

4 by The Asia Foundation Act (22 U.S.C. 4402), 

5 $17,000,000, to remain available until expended. 

6 UNITED STATES INSTITUTE OF PEACE

7 For necessary expenses of the United States Institute 

8 of Peace, as authorized by the United States Institute of 

9 Peace Act (22 U.S.C. 4601 et seq.), $37,884,000, to re10 main available until September 30, 2019, which shall not 

11 be used for construction activities. 

12 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

13 TRUST FUND

14 For necessary expenses of the Center for Middle 

15 Eastern-Western Dialogue Trust Fund, as authorized by 

16 section 633 of the Departments of Commerce, Justice, and 

17 State, the Judiciary, and Related Agencies Appropriations 

18 Act, 2004 (22 U.S.C. 2078), the total amount of the inter19 est and earnings accruing to such Fund on or before Sep20 tember 30, 2018, to remain available until expended. 

21 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

22 For necessary expenses of Eisenhower Exchange Fel23 lowships, Incorporated, as authorized by sections 4 and 

24 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 

25 U.S.C. 5204–5205), all interest and earnings accruing to 
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1 the Eisenhower Exchange Fellowship Program Trust 

2 Fund on or before September 30, 2018, to remain avail3 able until expended: Provided, That none of the funds ap4 propriated herein shall be used to pay any salary or other 

5 compensation, or to enter into any contract providing for 

6 the payment thereof, in excess of the rate authorized by 

7 section 5376 of title 5, United States Code; or for pur8 poses which are not in accordance with section 200 of title 

9 2 of the Code of Federal Regulations, including the re10 strictions on compensation for personal services. 

11 ISRAELI ARAB SCHOLARSHIP PROGRAM

12 For necessary expenses of the Israeli Arab Scholar13 ship Program, as authorized by section 214 of the Foreign 

14 Relations Authorization Act, Fiscal Years 1992 and 1993 

15 (22 U.S.C. 2452 note), all interest and earnings accruing 

16 to the Israeli Arab Scholarship Fund on or before Sep17 tember 30, 2018, to remain available until expended. 

18 EAST-WEST CENTER

19 To enable the Secretary of State to provide for car20 rying out the provisions of the Center for Cultural and 

21 Technical Interchange Between East and West Act of 

22 1960, by grant to the Center for Cultural and Technical 

23 Interchange Between East and West in the State of Ha24 waii, $16,700,000. 
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1 NATIONAL ENDOWMENT FOR DEMOCRACY

2 For grants made by the Department of State to the 

3 National Endowment for Democracy, as authorized by the 

4 National Endowment for Democracy Act (22 U.S.C. 

5 4412), $170,000,000, to remain available until expended, 

6 of which $117,500,000 shall be allocated in the traditional 

7 and customary manner, including for the core institutes, 

8 and $52,500,000 shall be for democracy programs. 

9 OTHER COMMISSIONS 

10 COMMISSION FOR THE PRESERVATION OF AMERICA’S

11 HERITAGE ABROAD

12 SALARIES AND EXPENSES

13 For necessary expenses for the Commission for the 

14 Preservation of America’s Heritage Abroad, $675,000, as 

15 authorized by chapter 3123 of title 54, United States 

16 Code: Provided, That the Commission may procure tem17 porary, intermittent, and other services notwithstanding 

18 paragraph (3) of section 312304(b) of such chapter: Pro19 vided further, That such authority shall terminate on Oc20 tober 1, 2018: Provided further, That the Commission 

21 shall notify the Committees on Appropriations prior to ex22 ercising such authority. 
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1 UNITED STATES COMMISSION ON INTERNATIONAL

2 RELIGIOUS FREEDOM

3 SALARIES AND EXPENSES

4 For necessary expenses for the United States Com5 mission on International Religious Freedom (USCIRF), 

6 as authorized by title II of the International Religious 

7 Freedom Act of 1998 (22 U.S.C. 6431 et seq.), 

8 $4,500,000, to remain available until September 30, 2019, 

9 including not more than $4,000 for representation ex10 penses: Provided, That $1,000,000 of such funds may not 

11 be obligated or expended until the Commission fully imple12 ments the recommendations of the Independent Review of 

13 USCIRF Mission Effectiveness that was conducted pursu14 ant to the United States Commission on International Re15 ligious Freedom Reauthorization Act of 2015 (Public Law 

16 114–71). 

17 COMMISSION ON SECURITY AND COOPERATION IN

18 EUROPE

19 SALARIES AND EXPENSES

20 For necessary expenses of the Commission on Secu21 rity and Cooperation in Europe, as authorized by Public 

22 Law 94–304 (22 U.S.C. 3001 et seq.), $2,579,000, includ23 ing not more than $4,000 for representation expenses, to 

24 remain available until September 30, 2019. 
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1 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

2 PEOPLE’S REPUBLIC OF CHINA

3 SALARIES AND EXPENSES

4 For necessary expenses of the Congressional-Execu5 tive Commission on the People’s Republic of China, as au6 thorized by title III of the U.S.-China Relations Act of 

7 2000 (22 U.S.C. 6911 et seq.), $2,000,000, including not 

8 more than $3,000 for representation expenses, to remain 

9 available until September 30, 2019. 

10 UNITED STATES-CHINA ECONOMIC AND SECURITY

11 REVIEW COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the United States-China 

14 Economic and Security Review Commission, as authorized 

15 by section 1238 of the Floyd D. Spence National Defense 

16 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 

17 $3,500,000, including not more than $4,000 for represen18 tation expenses, to remain available until September 30, 

19 2019: Provided, That the authorities, requirements, limi20 tations, and conditions contained in the second through 

21 sixth provisos under this heading in the Department of 

22 State, Foreign Operations, and Related Programs Appro23 priations Act, 2010 (division F of Public Law 111–117) 

24 shall continue in effect during fiscal year 2018 and shall 
26 

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1 apply to funds appropriated under this heading as if in2 cluded in this Act. 
27 

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1 TITLE II 

2 UNITED STATES AGENCY FOR INTERNATIONAL 

3 DEVELOPMENT 

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 OPERATING EXPENSES

6 For necessary expenses to carry out the provisions 

7 of section 667 of the Foreign Assistance Act of 1961, 

8 $1,347,676,000, of which: $158,067,000 is designated by 

9 the Congress for Overseas Contingency Operations/Global 

10 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

11 the Balanced Budget and Emergency Deficit Control Act 

12 of 1985; and up to $360,218,000 may remain available 

13 until September 30, 2019: Provided, That none of the 

14 funds appropriated under this heading and under the 

15 heading ‘‘Capital Investment Fund’’ in this title may be 

16 made available to finance the construction (including ar17 chitect and engineering services), purchase, or long-term 

18 lease of offices for use by the United States Agency for 

19 International Development, unless the USAID Adminis20 trator has identified such proposed use of funds in a re21 port submitted to the Committees on Appropriations at 

22 least 15 days prior to the obligation of funds for such pur23 poses: Provided further, That contracts or agreements en24 tered into with funds appropriated under this heading may 

25 entail commitments for the expenditure of such funds 
28 

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1 through the following fiscal year: Provided further, That 

2 the authority of sections 610 and 109 of the Foreign As3 sistance Act of 1961 may be exercised by the Secretary 

4 of State to transfer funds appropriated to carry out chap5 ter 1 of part I of such Act to ‘‘Operating Expenses’’ in 

6 accordance with the provisions of those sections: Provided 

7 further, That of the funds appropriated under this head8 ing, not less than $33,000,000 shall be made available for 

9 the Bureau for Democracy, Conflict, and Humanitarian 

10 Assistance, and not less than $15,900,000 shall be for the 

11 Regional Development Mission for Asia: Provided further, 

12 That of the funds appropriated or made available under 

13 this heading, not to exceed $250,000 may be available for 

14 representation and entertainment expenses, of which not 

15 to exceed $5,000 may be available for entertainment ex16 penses, and not to exceed $100,500 shall be for official 

17 residence expenses, for USAID during the current fiscal 

18 year. 

19 CAPITAL INVESTMENT FUND

20 For necessary expenses for overseas construction and 

21 related costs, and for the procurement and enhancement 

22 of information technology and related capital investments, 

23 pursuant to section 667 of the Foreign Assistance Act of 

24 1961, $183,380,000, to remain available until expended: 

25 Provided, That this amount is in addition to funds other-
29 

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1 wise available for such purposes: Provided further, That 

2 funds appropriated under this heading shall be available 

3 subject to the regular notification procedures of the Com4 mittees on Appropriations. 

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses to carry out the provisions 

7 of section 667 of the Foreign Assistance Act of 1961, 

8 $71,500,000, of which $2,500,000 is designated by the 

9 Congress for Overseas Contingency Operations/Global 

10 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

11 the Balanced Budget and Emergency Deficit Control Act 

12 of 1985 and up to $13,225,000 may remain available until 

13 September 30, 2019, for the Office of Inspector General 

14 of the United States Agency for International Develop15 ment. 
30 

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1 TITLE III 

2 BILATERAL ECONOMIC ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 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 GLOBAL HEALTH PROGRAMS

8 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 $2,920,000,000, to remain available until September 30, 

13 2019, 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, 
31 

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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 vent, prepare for, and respond to, unanticipated and 

7 emerging global health threats; and (8) family planning/ 

8 reproductive health: Provided further, That funds appro9 priated under this paragraph may be made available for 

10 a United States contribution to the GAVI Alliance: Pro11 vided further, That none of the funds made available in 

12 this Act nor any unobligated balances from prior appro13 priations Acts may be made available to any organization 

14 or program which, as determined by the President of the 

15 United States, supports or participates in the manage16 ment of a program of coercive abortion or involuntary 

17 sterilization: Provided further, That any determination 

18 made under the previous proviso must be made not later 

19 than 6 months after the date of enactment of this Act, 

20 and must be accompanied by the evidence and criteria uti21 lized to make the determination: Provided further, That 

22 none of the funds made available under this Act may be 

23 used to pay for the performance of abortion as a method 

24 of family planning or to motivate or coerce any person 

25 to practice abortions: Provided further, That nothing in 
32 

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1 this paragraph shall be construed to alter any existing 

2 statutory prohibitions against abortion under section 104 

3 of the Foreign Assistance Act of 1961: Provided further, 

4 That none of the funds made available under this Act may 

5 be used to lobby for or against abortion: Provided further, 

6 That in order to reduce reliance on abortion in developing 

7 nations, funds shall be available only to voluntary family 

8 planning projects which offer, either directly or through 

9 referral to, or information about access to, a broad range 

10 of family planning methods and services, and that any 

11 such voluntary family planning project shall meet the fol12 lowing requirements: (1) service providers or referral 

13 agents in the project shall not implement or be subject 

14 to quotas, or other numerical targets, of total number of 

15 births, number of family planning acceptors, or acceptors 

16 of a particular method of family planning (this provision 

17 shall not be construed to include the use of quantitative 

18 estimates or indicators for budgeting and planning pur19 poses); (2) the project shall not include payment of incen20 tives, bribes, gratuities, or financial reward to: (A) an indi21 vidual in exchange for becoming a family planning accep22 tor; or (B) program personnel for achieving a numerical 

23 target or quota of total number of births, number of fam24 ily planning acceptors, or acceptors of a particular method 

25 of family planning; (3) the project shall not deny any right 
33 

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1 or benefit, including the right of access to participate in 

2 any program of general welfare or the right of access to 

3 health care, as a consequence of any individual’s decision 

4 not to accept family planning services; (4) the project shall 

5 provide family planning acceptors comprehensible infor6 mation on the health benefits and risks of the method cho7 sen, including those conditions that might render the use 

8 of the method inadvisable and those adverse side effects 

9 known to be consequent to the use of the method; and 

10 (5) the project shall ensure that experimental contracep11 tive drugs and devices and medical procedures are pro12 vided only in the context of a scientific study in which 

13 participants are advised of potential risks and benefits; 

14 and, not less than 60 days after the date on which the 

15 USAID Administrator determines that there has been a 

16 violation of the requirements contained in paragraph (1), 

17 (2), (3), or (5) of this proviso, or a pattern or practice 

18 of violations of the requirements contained in paragraph 

19 (4) of this proviso, the Administrator shall submit to the 

20 Committees on Appropriations a report containing a de21 scription of such violation and the corrective action taken 

22 by the Agency: Provided further, That in awarding grants 

23 for natural family planning under section 104 of the For24 eign Assistance Act of 1961 no applicant shall be discrimi25 nated against because of such applicant’s religious or con-
34 

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1 scientious commitment to offer only natural family plan2 ning; and, additionally, all such applicants shall comply 

3 with the requirements of the previous proviso: Provided 

4 further, That for purposes of this or any other Act author5 izing or appropriating funds for the Department of State, 

6 foreign operations, and related programs, the term ‘‘moti7 vate’’, as it relates to family planning assistance, shall not 

8 be construed to prohibit the provision, consistent with 

9 local law, of information or counseling about all pregnancy 

10 options: Provided further, That information provided 

11 about the use of condoms as part of projects or activities 

12 that are funded from amounts appropriated by this Act 

13 shall be medically accurate and shall include the public 

14 health benefits and failure rates of such use. 

15 In addition, for necessary expenses to carry out the 

16 provisions of the Foreign Assistance Act of 1961 for the 

17 prevention, treatment, and control of, and research on, 

18 HIV/AIDS, $5,670,000,000, to remain available until 

19 September 30, 2022, which shall be apportioned directly 

20 to the Department of State: Provided, That funds appro21 priated under this paragraph may be made available, not22 withstanding any other provision of law, except for the 

23 United States Leadership Against HIV/AIDS, Tuber24 culosis, and Malaria Act of 2003 (Public Law 108–25), 

25 for a United States contribution to the Global Fund to 
35 

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1 Fight AIDS, Tuberculosis and Malaria (Global Fund), 

2 and shall be expended at the minimum rate necessary to 

3 make timely payment for projects and activities: Provided 

4 further, That the amount of such contribution should be 

5 $1,350,000,000: Provided further, That clauses (i) and 

6 (vi) of section 202(d)(4)(A) of the United States Leader7 ship Against HIV/AIDS, Tuberculosis, and Malaria Act 

8 of 2003 (22 U.S.C. 7622) shall be applied with respect 

9 to such funds made available for fiscal years 2015 through 

10 2018 by substituting ‘‘2004’’ for ‘‘2009’’: Provided fur11 ther, That up to 5 percent of the aggregate amount of 

12 funds made available to the Global Fund in fiscal year 

13 2018 may be made available to USAID for technical as14 sistance related to the activities of the Global Fund, sub15 ject to the regular notification procedures of the Commit16 tees on Appropriations: Provided further, That of the 

17 funds appropriated under this paragraph, up to 

18 $17,000,000 may be made available, in addition to 

19 amounts otherwise available for such purposes, for admin20 istrative expenses of the Office of the United States Global 

21 AIDS Coordinator. 

22 DEVELOPMENT ASSISTANCE

23 For necessary expenses to carry out the provisions 

24 of sections 103, 105, 106, 214, and sections 251 through 

25 255, and chapter 10 of part I of the Foreign Assistance 
36 

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1 Act of 1961, $2,890,000,000, to remain available until 

2 September 30, 2019. 

3 INTERNATIONAL DISASTER ASSISTANCE

4 For necessary expenses to carry out the provisions 

5 of section 491 of the Foreign Assistance Act of 1961 for 

6 international disaster relief, rehabilitation, and recon7 struction assistance, $3,133,210,000, to remain available 

8 until expended, which is designated by the Congress for 

9 Overseas Contingency Operations/Global War on Ter10 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 

12 TRANSITION INITIATIVES

13 For necessary expenses for international disaster re14 habilitation and reconstruction assistance administered by 

15 the Office of Transition Initiatives, United States Agency 

16 for International Development, pursuant to section 491 of 

17 the Foreign Assistance Act of 1961, and to support transi18 tion to democracy and long-term development of countries 

19 in crisis, $67,000,000, to remain available until expended, 

20 of which $37,000,000 is designated by the Congress for 

21 Overseas Contingency Operations/Global War on Ter22 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985: 

24 Provided, That such support may include assistance to de25 velop, strengthen, or preserve democratic institutions and 
37 

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1 processes, revitalize basic infrastructure, and foster the 

2 peaceful resolution of conflict: Provided further, That the 

3 USAID Administrator shall submit a report to the Com4 mittees on Appropriations at least 5 days prior to begin5 ning a new program of assistance: Provided further, That 

6 if the Secretary of State determines that it is important 

7 to the national interest of the United States to provide 

8 transition assistance in excess of the amount appropriated 

9 under this heading, up to $15,000,000 of the funds appro10 priated by this Act to carry out the provisions of part I 

11 of the Foreign Assistance Act of 1961 may be used for 

12 purposes of this heading and under the authorities appli13 cable to funds appropriated under this heading: Provided 

14 further, That funds made available pursuant to the pre15 vious proviso shall be made available subject to prior con16 sultation with the Committees on Appropriations. 

17 COMPLEX CRISES FUND

18 For necessary expenses to carry out the provisions 

19 of the Foreign Assistance Act of 1961 to support pro20 grams and activities to prevent or respond to emerging 

21 or unforeseen foreign challenges and complex crises over22 seas, $30,000,000, to remain available until expended, of 

23 which $20,000,000 is designated by the Congress for 

24 Overseas Contingency Operations/Global War on Ter25 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
38 

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1 anced Budget and Emergency Deficit Control Act of 1985: 

2 Provided, That funds appropriated under this heading 

3 may be made available on such terms and conditions as 

4 are appropriate and necessary for the purposes of pre5 venting or responding to such challenges and crises, except 

6 that no funds shall be made available for lethal assistance 

7 or to respond to natural disasters: Provided further, That 

8 funds appropriated under this heading may be made avail9 able notwithstanding any other provision of law, except 

10 sections 7007, 7008, and 7018 of this Act and section 

11 620M of the Foreign Assistance Act of 1961: Provided 

12 further, That funds appropriated under this heading may 

13 be used for administrative expenses, in addition to funds 

14 otherwise available for such purposes, except that such ex15 penses may not exceed 5 percent of the funds appropriated 

16 under this heading: Provided further, That funds appro17 priated under this heading shall be subject to the regular 

18 notification procedures of the Committees on Appropria19 tions, except that such notifications shall be transmitted 

20 at least 5 days prior to the obligation of funds. 

21 DEVELOPMENT CREDIT AUTHORITY

22 For the cost of direct loans and loan guarantees pro23 vided by the United States Agency for International De24 velopment, as authorized by sections 256 and 635 of the 

25 Foreign Assistance Act of 1961, up to $60,000,000 may 
39 

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1 be derived by transfer from funds appropriated by this Act 

2 to carry out part I of such Act and under the heading 

3 ‘‘Assistance for Europe, Eurasia and Central Asia’’: Pro4 vided, That funds provided under this paragraph and 

5 funds provided as a gift that are used for purposes of this 

6 paragraph pursuant to section 635(d) of the Foreign As7 sistance Act of 1961 shall be made available only for 

8 micro- and small enterprise programs, urban programs, 

9 and other programs which further the purposes of part 

10 I of such Act: Provided further, That funds provided as 

11 a gift that are used for purposes of this paragraph shall 

12 be subject to prior consultation with, and the regular noti13 fication procedures of, the Committees on Appropriations: 

14 Provided further, That such costs, including the cost of 

15 modifying such direct and guaranteed loans, shall be as 

16 defined in section 502 of the Congressional Budget Act 

17 of 1974, as amended: Provided further, That funds made 

18 available by this paragraph may be used for the cost of 

19 modifying any such guaranteed loans under this Act or 

20 prior Acts making appropriations for the Department of 

21 State, foreign operations, and related programs, and funds 

22 used for such cost, including if the cost results in a nega23 tive subsidy, shall be subject to the regular notification 

24 procedures of the Committees on Appropriations: Provided 

25 further, That the provisions of section 107A(d) (relating 
40 

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1 to general provisions applicable to the Development Credit 

2 Authority) of the Foreign Assistance Act of 1961, as con3 tained in section 306 of H.R. 1486 as reported by the 

4 House Committee on International Relations on May 9, 

5 1997, shall be applicable to direct loans and loan guaran6 tees provided under this heading, except that the principal 

7 amount of loans made or guaranteed under this heading 

8 with respect to any single country shall not exceed 

9 $300,000,000: Provided further, That these funds are 

10 available to subsidize total loan principal, any portion of 

11 which is to be guaranteed, of up to $2,000,000,000. 

12 In addition, for administrative expenses to carry out 

13 credit programs administered by USAID, $10,000,000, 

14 which may be transferred to, and merged with, funds 

15 made available under the heading ‘‘Operating Expenses’’ 

16 in title II of this Act: Provided, That funds made available 

17 under this heading shall remain available until September 

18 30, 2020. 

19 ECONOMIC SUPPORT FUND

20 For necessary expenses to carry out the provisions 

21 of chapter 4 of part II of the Foreign Assistance Act of 

22 1961, $3,959,696,000, to remain available until Sep23 tember 30, 2019, of which $3,047,119,000 is designated 

24 by the Congress for Overseas Contingency Operations/ 

25 Global War on Terrorism pursuant to section 
41 

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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 DEMOCRACY FUND

4 For necessary expenses to carry out the provisions 

5 of the Foreign Assistance Act of 1961 for the promotion 

6 of democracy globally, including to carry out the purposes 

7 of section 502(b)(3) and (5) of Public Law 98–164 (22 

8 U.S.C. 4411), $145,375,000, to remain available until 

9 September 30, 2019, which shall be made available for the 

10 Human Rights and Democracy Fund of the Bureau of De11 mocracy, Human Rights, and Labor, Department of 

12 State: Provided, That funds appropriated under this head13 ing that are made available to the National Endowment 

14 for Democracy and its core institutes are in addition to 

15 amounts otherwise available by this Act for such purposes: 

16 Provided further, That the Assistant Secretary for Democ17 racy, Human Rights, and Labor, Department of State, 

18 shall consult with the Committees on Appropriations prior 

19 to the obligation of funds appropriated under this para20 graph. 

21 For an additional amount for such purposes, 

22 $65,125,000, to remain available until September 30, 

23 2019, which shall be made available for the Bureau for 

24 Democracy, Conflict, and Humanitarian Assistance, 

25 United States Agency for International Development. 
42 

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1 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

2 For necessary expenses to carry out the provisions 

3 of the Foreign Assistance Act of 1961, the FREEDOM 

4 Support Act (Public Law 102–511), and the Support for 

5 Eastern European Democracy (SEED) Act of 1989 (Pub6 lic Law 101–179), $750,334,000, to remain available until 

7 September 30, 2019, of which $480,922,000 is designated 

8 by the Congress for Overseas Contingency Operations/ 

9 Global War on Terrorism pursuant to section 

10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985: Provided, That funds appro12 priated under this heading shall be available, notwith13 standing any other provision of law, except section 7070 

14 of this Act, for assistance and related programs for coun15 tries in Europe, Eurasia, and Central Asia, in addition 

16 to funds otherwise available for such purposes: Provided 

17 further, That funds appropriated by this Act under the 

18 headings ‘‘Global Health Programs’’, ‘‘Economic Support 

19 Fund’’, and ‘‘International Narcotics Control and Law 

20 Enforcement’’ that are made available for assistance for 

21 such countries shall be administered in accordance with 

22 the responsibilities of the coordinator designated pursuant 

23 to section 102 of Public Law 102–511 and section 601 

24 of Public Law 101–179: Provided further, That funds ap25 propriated under this heading shall be considered to be 
43 

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1 economic assistance under the Foreign Assistance Act of 

2 1961 for purposes of making available the administrative 

3 authorities contained in that Act for the use of economic 

4 assistance. 

5 DEPARTMENT OF STATE

6 MIGRATION AND REFUGEE ASSISTANCE

7 For necessary expenses not otherwise provided for, 

8 to enable the Secretary of State to carry out the provisions 

9 of section 2(a) and (b) of the Migration and Refugee As10 sistance Act of 1962, and other activities to meet refugee 

11 and migration needs; salaries and expenses of personnel 

12 and dependents as authorized by the Foreign Service Act 

13 of 1980; allowances as authorized by sections 5921 

14 through 5925 of title 5, United States Code; purchase and 

15 hire of passenger motor vehicles; and services as author16 ized by section 3109 of title 5, United States Code, 

17 $3,110,287,000, to remain available until expended, of 

18 which: $1,667,007,000 is designated by the Congress for 

19 Overseas Contingency Operations/Global War on Ter20 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985, 

22 except that such funds shall not be made available for re23 settlement costs of refugees in the United States; not less 

24 than $35,000,000 shall be made available to respond to 

25 small-scale emergency humanitarian requirements; and 
44 

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1 $7,500,000 shall be made available for refugees resettling 

2 in Israel: Provided, That funds appropriated under this 

3 heading shall be administered by the Assistant Secretary 

4 for Population, Refugees, and Migration, Department of 

5 State. 

6 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

7 ASSISTANCE FUND

8 For necessary expenses to carry out the provisions 

9 of section 2(c) of the Migration and Refugee Assistance 

10 Act of 1962, as amended (22 U.S.C. 2601(c)), 

11 $50,000,000, to remain available until expended, of which 

12 $40,000,000 is designated by the Congress for Overseas 

13 Contingency Operations/Global War on Terrorism pursu14 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

15 and Emergency Deficit Control Act of 1985. 

16 INDEPENDENT AGENCIES

17 PEACE CORPS

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses to carry out the provisions 

20 of the Peace Corps Act (22 U.S.C. 2501 et seq.), including 

21 the purchase of not to exceed five passenger motor vehicles 

22 for administrative purposes for use outside of the United 

23 States, $410,000,000, of which $5,500,000 is for the Of24 fice of Inspector General, to remain available until Sep25 tember 30, 2019: Provided, That the Director of the Peace 
45 

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1 Corps may transfer to the Foreign Currency Fluctuations 

2 Account, as authorized by section 16 of the Peace Corps 

3 Act (22 U.S.C. 2515), an amount not to exceed 

4 $5,000,000: Provided further, That funds transferred pur5 suant to the previous proviso may not be derived from 

6 amounts made available for Peace Corps overseas oper7 ations: Provided further, That of the funds appropriated 

8 under this heading, not to exceed $104,000 may be avail9 able for representation expenses, of which not to exceed 

10 $4,000 may be made available for entertainment expenses: 

11 Provided further, That any decision to open, close, signifi12 cantly reduce, or suspend a domestic or overseas office or 

13 country program shall be subject to prior consultation 

14 with, and the regular notification procedures of, the Com15 mittees on Appropriations, except that prior consultation 

16 and regular notification procedures may be waived when 

17 there is a substantial security risk to volunteers or other 

18 Peace Corps personnel, pursuant to section 7015(e) of this 

19 Act: Provided further, That none of the funds appropriated 

20 under this heading shall be used to pay for abortions: Pro21 vided further, That notwithstanding the previous proviso, 

22 section 614 of division E of Public Law 113–76 shall 

23 apply to funds appropriated under this heading. 
46 

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1 MILLENNIUM CHALLENGE CORPORATION

2 For necessary expenses to carry out the provisions 

3 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 

4 et seq.) (MCA), $905,000,000, to remain available until 

5 expended: Provided, That of the funds appropriated under 

6 this heading, up to $105,000,000 may be available for ad7 ministrative expenses of the Millennium Challenge Cor8 poration (MCC): Provided further, That up to 5 percent 

9 of the funds appropriated under this heading may be made 

10 available to carry out the purposes of section 616 of the 

11 MCA for fiscal year 2018: Provided further, That section 

12 605(e) of the MCA shall apply to funds appropriated 

13 under this heading: Provided further, That funds appro14 priated under this heading may be made available for a 

15 Millennium Challenge Compact entered into pursuant to 

16 section 609 of the MCA only if such Compact obligates, 

17 or contains a commitment to obligate subject to the avail18 ability of funds and the mutual agreement of the parties 

19 to the Compact to proceed, the entire amount of the 

20 United States Government funding anticipated for the du21 ration of the Compact: Provided further, That the MCC 

22 Chief Executive Officer shall notify the Committees on Ap23 propriations not later than 15 days prior to commencing 

24 negotiations for any country compact or threshold country 

25 program; signing any such compact or threshold program; 
47 

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1 or terminating or suspending any such compact or thresh2 old program: Provided further, That funds appropriated 

3 under this heading by this Act and prior Acts making ap4 propriations for the Department of State, foreign oper5 ations, and related programs that are available to imple6 ment section 609(g) of the MCA shall be subject to the 

7 regular notification procedures of the Committees on Ap8 propriations: Provided further, That no country should be 

9 eligible for a threshold program after such country has 

10 completed a country compact: Provided further, That any 

11 funds that are deobligated from a Millennium Challenge 

12 Compact shall be subject to the regular notification proce13 dures of the Committees on Appropriations prior to re14 obligation: Provided further, That notwithstanding section 

15 606(a)(2) of the MCA, a country shall be a candidate 

16 country for purposes of eligibility for assistance for the 

17 fiscal year if the country has a per capita income equal 

18 to or below the World Bank’s lower middle income country 

19 threshold for the fiscal year and is among the 75 lowest 

20 per capita income countries as identified by the World 

21 Bank; and the country meets the requirements of section 

22 606(a)(1)(B) of the MCA: Provided further, That notwith23 standing section 606(b)(1) of the MCA, in addition to 

24 countries described in the preceding proviso, a country 

25 shall be a candidate country for purposes of eligibility for 
48 

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1 assistance for the fiscal year if the country has a per cap2 ita income equal to or below the World Bank’s lower mid3 dle income country threshold for the fiscal year and is not 

4 among the 75 lowest per capita income countries as identi5 fied by the World Bank; and the country meets the re6 quirements of section 606(a)(1)(B) of the MCA: Provided 

7 further, That any MCC candidate country under section 

8 606 of the MCA with a per capita income that changes 

9 in the fiscal year such that the country would be reclassi10 fied from a low income country to a lower middle income 

11 country or from a lower middle income country to a low 

12 income country shall retain its candidacy status in its 

13 former income classification for the fiscal year and the 2 

14 subsequent fiscal years: Provided further, That publication 

15 in the Federal Register of a notice of availability of a copy 

16 of a Compact on the MCC Web site shall be deemed to 

17 satisfy the requirements of section 610(b)(2) of the MCA 

18 for such Compact: Provided further, That none of the 

19 funds made available by this Act or prior Acts making 

20 appropriations for the Department of State, foreign oper21 ations, and related programs shall be available for a 

22 threshold program in a country that is not currently a can23 didate country: Provided further, That of the funds appro24 priated under this heading, not to exceed $100,000 may 

25 be available for representation and entertainment ex-
49 

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1 penses, of which not to exceed $5,000 may be available 

2 for entertainment expenses. 

3 INTER-AMERICAN FOUNDATION

4 For necessary expenses to carry out the functions of 

5 the Inter-American Foundation in accordance with the 

6 provisions of section 401 of the Foreign Assistance Act 

7 of 1969, $22,500,000, to remain available until September 

8 30, 2019: Provided, That of the funds appropriated under 

9 this heading, not to exceed $2,000 may be available for 

10 representation expenses. 

11 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

12 For necessary expenses to carry out the African De13 velopment Foundation Act (title V of Public Law 96–533; 

14 22 U.S.C. 290h et seq.), $30,000,000, to remain available 

15 until September 30, 2019, of which not to exceed $2,000 

16 may be available for representation expenses: Provided, 

17 That funds made available to grantees may be invested 

18 pending expenditure for project purposes when authorized 

19 by the Board of Directors of the United States African 

20 Development Foundation (USADF): Provided further, 

21 That interest earned shall be used only for the purposes 

22 for which the grant was made: Provided further, That not23 withstanding section 505(a)(2) of the African Develop24 ment Foundation Act (22 U.S.C. 290h–3(a)(2)), in excep25 tional circumstances the Board of Directors of the 
50 

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1 USADF may waive the $250,000 limitation contained in 

2 that section with respect to a project and a project may 

3 exceed the limitation by up to 10 percent if the increase 

4 is due solely to foreign currency fluctuation: Provided fur5 ther, That the USADF shall submit a report to the appro6 priate congressional committees after each time such waiv7 er authority is exercised: Provided further, That the 

8 USADF may make rent or lease payments in advance 

9 from appropriations available for such purpose for offices, 

10 buildings, grounds, and quarters in Africa as may be nec11 essary to carry out its functions: Provided further, That 

12 the USADF may maintain bank accounts outside the 

13 United States Treasury and retain any interest earned on 

14 such accounts, in furtherance of the purposes of the Afri15 can Development Foundation Act: Provided further, That 

16 the USADF may not withdraw any appropriation from the 

17 Treasury prior to the need of spending such funds for pro18 gram purposes. 

19 DEPARTMENT OF THE TREASURY

20 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

21 For necessary expenses to carry out the provisions 

22 of section 129 of the Foreign Assistance Act of 1961, 

23 $30,000,000, to remain available until September 30, 

24 2020, which shall be available notwithstanding any other 

25 provision of law. 
51 

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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, $1,275,094,000, to 

8 remain available until September 30, 2019, which is des9 ignated by the Congress for Overseas Contingency Oper10 ations/Global War on Terrorism pursuant to section 

11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985: Provided, That the Depart13 ment of State may use the authority of section 608 of the 

14 Foreign Assistance Act of 1961, without regard to its re15 strictions, to receive excess property from an agency of 

16 the United States Government for the purpose of pro17 viding such property to a foreign country or international 

18 organization under chapter 8 of part I of such Act, subject 

19 to the regular notification procedures of the Committees 

20 on Appropriations: Provided further, That section 482(b) 

21 of the Foreign Assistance Act of 1961 shall not apply to 

22 funds appropriated under this heading, except that any 

23 funds made available notwithstanding such section shall 

24 be subject to the regular notification procedures of the 

25 Committees on Appropriations: Provided further, That 
52 

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1 funds made available under this heading that are trans2 ferred to another department, agency, or instrumentality 

3 of the United States Government pursuant to section 

4 632(b) of the Foreign Assistance Act of 1961 valued in 

5 excess of $5,000,000, and any agreement made pursuant 

6 to section 632(a) of such Act, shall be subject to the reg7 ular notification procedures of the Committees on Appro8 priations. 

9 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

10 RELATED PROGRAMS

11 For necessary expenses for nonproliferation, anti-ter12 rorism, demining and related programs and activities, and 

13 to carry out the provisions of chapter 8 of part II of the 

14 Foreign Assistance Act of 1961 for anti-terrorism assist15 ance, chapter 9 of part II of the Foreign Assistance Act 

16 of 1961, section 504 of the FREEDOM Support Act, sec17 tion 23 of the Arms Export Control Act, or the Foreign 

18 Assistance Act of 1961 for demining activities, the clear19 ance of unexploded ordnance, the destruction of small 

20 arms, and related activities, notwithstanding any other 

21 provision of law, including activities implemented through 

22 nongovernmental and international organizations, and sec23 tion 301 of the Foreign Assistance Act of 1961 for a 

24 United States contribution to the Comprehensive Nuclear 

25 Test Ban Treaty Preparatory Commission, and for a vol-
53 

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1 untary contribution to the International Atomic Energy 

2 Agency (IAEA), $789,950,000, to remain available until 

3 September 30, 2019, which is designated by the Congress 

4 for Overseas Contingency Operations/Global War on Ter5 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal6 anced Budget and Emergency Deficit Control Act of 1985: 

7 Provided, That the Secretary of State shall inform the ap8 propriate congressional committees of information regard9 ing any separate arrangements relating to the ‘‘Road-map 

10 for the Clarification of Past and Present Outstanding 

11 Issues Regarding Iran’s Nuclear Program’’ between the 

12 IAEA and the Islamic Republic of Iran, in classified form 

13 if necessary, if such information becomes known to the 

14 Department of State: Provided further, That funds made 

15 available under this heading for the Nonproliferation and 

16 Disarmament Fund shall be made available, notwith17 standing any other provision of law and subject to prior 

18 consultation with, and the regular notification procedures 

19 of, the Committees on Appropriations, to promote bilateral 

20 and multilateral activities relating to nonproliferation, dis21 armament, and weapons destruction, and shall remain 

22 available until expended: Provided further, That such 

23 funds may also be used for such countries other than the 

24 Independent States of the former Soviet Union and inter25 national organizations when it is in the national security 
54 

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1 interest of the United States to do so: Provided further, 

2 That funds appropriated under this heading may be made 

3 available for the IAEA unless the Secretary of State deter4 mines that Israel is being denied its right to participate 

5 in the activities of that Agency: Provided further, That 

6 funds made available for conventional weapons destruction 

7 programs, including demining and related activities, in ad8 dition to funds otherwise available for such purposes, may 

9 be used for administrative expenses related to the oper10 ation and management of such programs and activities, 

11 subject to the regular notification procedures of the Com12 mittees on Appropriations. 

13 PEACEKEEPING OPERATIONS

14 For necessary expenses to carry out the provisions 

15 of section 551 of the Foreign Assistance Act of 1961, 

16 $497,350,000, to remain available until September 30, 

17 2019, which is designated by the Congress for Overseas 

18 Contingency Operations/Global War on Terrorism pursu19 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

20 and Emergency Deficit Control Act of 1985: Provided, 

21 That funds appropriated under this heading may be used, 

22 notwithstanding section 660 of the Foreign Assistance Act 

23 of 1961, to provide assistance to enhance the capacity of 

24 foreign civilian security forces, including gendarmes, to 

25 participate in peacekeeping operations: Provided further, 
55 

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1 That of the funds appropriated under this heading, not 

2 less than $31,000,000 shall be made available for a United 

3 States contribution to the Multinational Force and Ob4 servers mission in the Sinai: Provided further, That funds 

5 appropriated under this heading may be used to pay as6 sessed expenses of international peacekeeping activities in 

7 Somalia. 

8 FUNDS APPROPRIATED TO THE PRESIDENT

9 INTERNATIONAL MILITARY EDUCATION AND TRAINING

10 For necessary expenses to carry out the provisions 

11 of section 541 of the Foreign Assistance Act of 1961, 

12 $110,300,000, to remain available until September 30, 

13 2019, which is designated by the Congress for Overseas 

14 Contingency Operations/Global War on Terrorism pursu15 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

16 and Emergency Deficit Control Act of 1985: Provided, 

17 That the civilian personnel for whom military education 

18 and training may be provided under this heading may in19 clude civilians who are not members of a government 

20 whose participation would contribute to improved civil21 military relations, civilian control of the military, or re22 spect for human rights: Provided further, That of the 

23 funds appropriated under this heading, not to exceed 

24 $55,000 may be available for entertainment expenses. 
56 

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1 FOREIGN MILITARY FINANCING PROGRAM

2 For necessary expenses for grants to enable the 

3 President to carry out the provisions of section 23 of the 

4 Arms Export Control Act, $5,620,213,000, to remain 

5 available until September 30, 2019, which is designated 

6 by the Congress for Overseas Contingency Operations/ 

7 Global War on Terrorism pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985: Provided, That to expedite 

10 the provision of assistance to foreign countries and inter11 national organizations, the Secretary of State, following 

12 consultation with the Committees on Appropriations and 

13 subject to the regular notification procedures of such Com14 mittees, may use the funds appropriated under this head15 ing to procure defense articles and services to enhance the 

16 capacity of foreign security forces: Provided further, That 

17 of the funds appropriated under this heading, not less 

18 than $3,100,000,000 shall be available for grants only for 

19 Israel which shall be disbursed within 30 days of enact20 ment of this Act: Provided further, That to the extent that 

21 the Government of Israel requests that funds be used for 

22 such purposes, grants made available for Israel under this 

23 heading shall, as agreed by the United States and Israel, 

24 be available for advanced weapons systems, of which not 

25 less than $815,300,000 shall be available for the procure-
57 

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1 ment in Israel of defense articles and defense services, in2 cluding research and development: Provided further, That 

3 funds appropriated or otherwise made available under this 

4 heading shall be nonrepayable notwithstanding any re5 quirement in section 23 of the Arms Export Control Act: 

6 Provided further, That funds made available under this 

7 heading shall be obligated upon apportionment in accord8 ance with paragraph (5)(C) of section 1501(a) of title 31, 

9 United States Code. 

10 None of the funds made available under this heading 

11 shall be available to finance the procurement of defense 

12 articles, defense services, or design and construction serv13 ices that are not sold by the United States Government 

14 under the Arms Export Control Act unless the foreign 

15 country proposing to make such procurement has first 

16 signed an agreement with the United States Government 

17 specifying the conditions under which such procurement 

18 may be financed with such funds: Provided, That all coun19 try and funding level increases in allocations shall be sub20 mitted through the regular notification procedures of sec21 tion 7015 of this Act: Provided further, That funds made 

22 available under this heading may be used, notwithstanding 

23 any other provision of law, for demining, the clearance of 

24 unexploded ordnance, and related activities, and may in25 clude activities implemented through nongovernmental 
58 

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1 and international organizations: Provided further, That 

2 only those countries for which assistance was justified for 

3 the ‘‘Foreign Military Sales Financing Program’’ in the 

4 fiscal year 1989 congressional presentation for security as5 sistance programs may utilize funds made available under 

6 this heading for procurement of defense articles, defense 

7 services, or design and construction services that are not 

8 sold by the United States Government under the Arms 

9 Export Control Act: Provided further, That funds appro10 priated under this heading shall be expended at the min11 imum rate necessary to make timely payment for defense 

12 articles and services: Provided further, That not more than 

13 $67,500,000 of the funds appropriated under this heading 

14 may be obligated for necessary expenses, including the 

15 purchase of passenger motor vehicles for replacement only 

16 for use outside of the United States, for the general costs 

17 of administering military assistance and sales, except that 

18 this limitation may be exceeded only through the regular 

19 notification procedures of the Committees on Appropria20 tions: Provided further, That of the funds made available 

21 under this heading for general costs of administering mili22 tary assistance and sales, not to exceed $4,000 may be 

23 available for entertainment expenses and not to exceed 

24 $130,000 may be available for representation expenses: 

25 Provided further, That not more than $920,200,000 of 
59 

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1 funds realized pursuant to section 21(e)(1)(A) of the Arms 

2 Export Control Act may be obligated for expenses incurred 

3 by the Department of Defense during fiscal year 2018 

4 pursuant to section 43(b) of the Arms Export Control Act, 

5 except that this limitation may be exceeded only through 

6 the regular notification procedures of the Committees on 

7 Appropriations. 
60 

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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 (Public Law 93–188; 87 Stat. 

9 713), $363,000,000: Provided, That section 307(a) of the 

10 Foreign Assistance Act of 1961 shall not apply to con11 tributions to the United Nations Democracy Fund. 

12 INTERNATIONAL FINANCIAL INSTITUTIONS

13 GLOBAL ENVIRONMENT FACILITY

14 For payment to the International Bank for Recon15 struction and Development as trustee for the Global Envi16 ronment Facility by the Secretary of the Treasury, 

17 $136,563,000, to remain available until expended. 

18 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

19 ASSOCIATION

20 For payment to the International Development Asso21 ciation by the Secretary of the Treasury, $1,097,010,000, 

22 to remain available until expended. 
61 

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1 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

2 For payment to the Asian Development Bank’s Asian 

3 Development Fund by the Secretary of the Treasury, 

4 $47,395,000, to remain available until expended. 

5 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

6 For payment to the African Development Bank by 

7 the Secretary of the Treasury for the United States share 

8 of the paid-in portion of the increase in capital stock, 

9 $32,418,000, to remain available until expended. 

10 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

11 The United States Governor of the African Develop12 ment Bank may subscribe without fiscal year limitation 

13 to the callable capital portion of the United States share 

14 of such capital stock in an amount not to exceed 

15 $507,860,808. 

16 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

17 For payment to the African Development Fund by 

18 the Secretary of the Treasury, $171,300,000, to remain 

19 available until expended. 

20 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

21 AGRICULTURAL DEVELOPMENT

22 For payment to the International Fund for Agricul23 tural Development by the Secretary of the Treasury, 

24 $30,000,000, to remain available until expended. 
62 

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1 TITLE VI 

2 EXPORT AND INVESTMENT ASSISTANCE 

3 EXPORT-IMPORT BANK OF THE UNITED STATES

4 INSPECTOR GENERAL

5 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, 2019. 

9 PROGRAM ACCOUNT

10 The Export-Import Bank of the United States is au11 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 9104 of title 31, United 

16 States Code, as may be necessary in carrying out the pro17 gram for the current fiscal year for such corporation: Pro18 vided, That none of the funds available during the current 

19 fiscal year may be used to make expenditures, contracts, 

20 or commitments for the export of nuclear equipment, fuel, 

21 or technology to any country, other than a nuclear-weapon 

22 state as defined in Article IX of the Treaty on the Non23 Proliferation of Nuclear Weapons eligible to receive eco24 nomic or military assistance under this Act, that has deto-
63 

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1 nated a nuclear explosive after the date of the enactment 

2 of this Act. 

3 ADMINISTRATIVE EXPENSES

4 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, of which up to $16,500,000 may re11 main available until September 30, 2019: Provided, That 

12 the Export-Import Bank (the Bank) may accept, and use, 

13 payment or services provided by transaction participants 

14 for legal, financial, or technical services in connection with 

15 any transaction for which an application for a loan, guar16 antee or insurance commitment has been made: Provided 

17 further, That notwithstanding subsection (b) of section 

18 117 of the Export Enhancement Act of 1992, subsection 

19 (a) thereof shall remain in effect until September 30, 

20 2018: Provided further, That the Bank shall charge fees 

21 for necessary expenses (including special services per22 formed on a contract or fee basis, but not including other 

23 personal services) in connection with the collection of mon24 eys owed the Bank, repossession or sale of pledged collat25 eral or other assets acquired by the Bank in satisfaction 
64 

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1 of moneys owed the Bank, or the investigation or appraisal 

2 of any property, or the evaluation of the legal, financial, 

3 or technical aspects of any transaction for which an appli4 cation for a loan, guarantee or insurance commitment has 

5 been made, or systems infrastructure directly supporting 

6 transactions: Provided further, That in addition to other 

7 funds appropriated for administrative expenses, such fees 

8 shall be credited to this account for such purposes, to re9 main available until expended. 

10 RECEIPTS COLLECTED

11 Receipts collected pursuant to the Export-Import 

12 Bank Act of 1945 (Public Law 79–173) and the Federal 

13 Credit Reform Act of 1990, in an amount not to exceed 

14 the amount appropriated herein, shall be credited as off15 setting collections to this account: Provided, That the 

16 sums herein appropriated from the General Fund shall be 

17 reduced on a dollar-for-dollar basis by such offsetting col18 lections so as to result in a final fiscal year appropriation 

19 from the General Fund estimated at $0: Provided further, 

20 That amounts collected in fiscal year 2018 in excess of 

21 obligations, up to $10,000,000 shall become available on 

22 September 1, 2018, and shall remain available until Sep23 tember 30, 2021. 
65 

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1 OVERSEAS PRIVATE INVESTMENT CORPORATION

2 NONCREDIT ACCOUNT

3 The Overseas Private Investment Corporation is au4 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 $79,200,000: 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 PROGRAM ACCOUNT

21 For the cost of direct and guaranteed loans as au22 thorized by section 234 of the Foreign Assistance Act of 

23 1961, $20,000,000, to be derived by transfer from the 

24 Overseas Private Investment Corporation Noncredit Ac25 count: Provided, That such costs, including the cost of 
66 

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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 2018, 2019, and 2020: Provided fur6 ther, That funds so obligated in fiscal year 2018 remain 

7 available for disbursement through 2026; funds obligated 

8 in fiscal year 2019 remain available for disbursement 

9 through 2027; and funds obligated in fiscal year 2020 re10 main available for disbursement through 2028: 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 ad20 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. 
67 

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1 TRADE AND DEVELOPMENT AGENCY

2 For necessary expenses to carry out the provisions 

3 of section 661 of the Foreign Assistance Act of 1961, 

4 $79,500,000, to remain available until September 30, 

5 2019: Provided, That of the funds appropriated under this 

6 heading, not more than $5,000 may be available for rep7 resentation and entertainment expenses. 
68 

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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 UNOBLIGATED BALANCES REPORT

12 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 2018 or any pre20 vious fiscal year, disaggregated by fiscal year: Provided, 

21 That the report required by this section shall be submitted 

22 not later than 30 days after the end of each fiscal quarter 

23 and should specify by account the amount of funds obli24 gated pursuant to bilateral agreements which have not 

25 been further sub-obligated. 
69 

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1 CONSULTING SERVICES

2 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 DIPLOMATIC FACILITIES

11 SEC. 7004. (a) CAPITAL SECURITY COST SHARING

12 INFORMATION.—The Secretary of State shall promptly in13 form the Committees on Appropriations of each instance 

14 in which a Federal department or agency is delinquent in 

15 providing the full amount of funding required by section 

16 604(e) of the Secure Embassy Construction and Counter17 terrorism Act of 1999 (22 U.S.C. 4865 note). 

18 (b) EXCEPTION.—Notwithstanding paragraph (2) of 

19 section 604(e) of the Secure Embassy Construction and 

20 Counterterrorism Act of 1999 (title VI of division A of 

21 H.R. 3427, as enacted into law by section 1000(a)(7) of 

22 Public Law 106–113 and contained in appendix G of that 

23 Act), as amended by section 111 of the Department of 

24 State Authorities Act, Fiscal Year 2017 (Public Law 114– 

25 323), a project to construct a facility of the United States 
70 

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1 may include office space or other accommodations for 

2 members of the United States Marine Corps. 

3 (c) NEW DIPLOMATIC FACILITIES.—For the pur4 poses of calculating the fiscal year 2018 costs of providing 

5 new United States diplomatic facilities in accordance with 

6 section 604(e) of the Secure Embassy Construction and 

7 Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the 

8 Secretary of State, in consultation with the Director of 

9 the Office of Management and Budget, shall determine the 

10 annual program level and agency shares in a manner that 

11 is proportional to the contribution of the Department of 

12 State for this purpose: Provided, That funds appropriated 

13 by this Act and prior Acts making appropriations for the 

14 Department of State, foreign operations, and related pro15 grams that are made available for departments and agen16 cies of the United States Government shall be made avail17 able for the Capital Security Cost Sharing Program and 

18 the Maintenance Cost Sharing Program at levels not less 

19 than the prior fiscal year. 

20 (d) CONSULTATION AND NOTIFICATION.—Funds ap21 propriated by this Act and prior Acts making appropria22 tions for the Department of State, foreign operations, and 

23 related programs, which may be made available for the 

24 acquisition of property or award of construction contracts 

25 for overseas United States diplomatic facilities during fis-
71 

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1 cal year 2018, shall be subject to prior consultation with, 

2 and the regular notification procedures of, the Committees 

3 on Appropriations: Provided, That any such notification 

4 for a new diplomatic facility justified to the Committees 

5 on Appropriations in the Congressional Budget Justifica6 tion, Department of State, Foreign Operations, and Re7 lated Programs, Fiscal Year 2018, or not previously justi8 fied to such Committees, shall also include confirmation 

9 that the Department of State has completed the requisite 

10 value engineering studies required pursuant to OMB Cir11 cular A–131, Value Engineering December 31, 2013 and 

12 the Bureau of Overseas Building Operations Policy and 

13 Procedure Directive, P&PD, Cost 02: Value Engineering. 

14 (e) INTERIM AND TEMPORARY FACILITIES

15 ABROAD.— 

16 (1) SECURITY VULNERABILITIES.—Funds ap17 propriated by this Act under the heading ‘‘Embassy 

18 Security, Construction, and Maintenance’’ may be 

19 made available, following consultation with the Com20 mittees on Appropriations, to address security 

21 vulnerabilities at interim and temporary United 

22 States diplomatic facilities abroad, including physical 

23 security upgrades and local guard staffing, except 

24 that the amount of funds made available for such 

25 purposes from this Act and prior Acts making ap-
72 

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1 propriations for the Department of State, foreign 

2 operations, and related programs shall be a min3 imum of $25,000,000. 

4 (2) CONSULTATION.—Notwithstanding any 

5 other provision of law, the opening, closure, or any 

6 significant modification to an interim or temporary 

7 United States diplomatic facility shall be subject to 

8 prior consultation with the appropriate congressional 

9 committees and the regular notification procedures 

10 of the Committees on Appropriations, except that 

11 such consultation and notification may be waived if 

12 there is a security risk to personnel. 

13 (f) TRANSFER OF FUNDS AUTHORITY.—Funds ap14 propriated under the heading ‘‘Diplomatic and Consular 

15 Programs’’, including for Worldwide Security Protection, 

16 and under the heading ‘‘Embassy Security, Construction, 

17 and Maintenance’’ in this Act may be transferred to, and 

18 merged with, funds appropriated by such titles under such 

19 headings if the Secretary of State determines and reports 

20 to the Committees on Appropriations that to do so is nec21 essary to implement the recommendations of the Benghazi 

22 Accountability Review Board, or to prevent or respond to 

23 security situations and requirements, following consulta24 tion with, and subject to the regular notification proce25 dures of, such Committees: Provided, That such transfer 
73 

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1 authority is in addition to any transfer authority otherwise 

2 available under any other provision of law. 

3 (g) SOFT TARGETS.—Funds appropriated by this Act 

4 under the heading ‘‘Embassy Security, Construction, and 

5 Maintenance’’ may be made available for security up6 grades to soft targets, including schools, recreational fa7 cilities, and residences used by United States diplomatic 

8 personnel and their dependents, except that the amount 

9 made available for such purposes shall be a minimum of 

10 $10,000,000. 

11 (h) SECURE RESUPPLY AND MAINTENANCE.—The 

12 Secretary of State may not grant final approval for the 

13 construction of a new facility or substantial construction 

14 to improve or expand an existing facility in the United 

15 States by or for the Government of the People’s Republic 

16 of China until the Secretary certifies and reports to the 

17 appropriate congressional committees that an agreement 

18 has been concluded between the Governments of the 

19 United States and the People’s Republic of China that 

20 permits secure resupply and maintenance of United States 

21 Government facilities in the People’s Republic of China. 

22 (i) NEW EMBASSY COMPOUND KINSHASA.—Funds 

23 appropriated by this Act and prior Acts making appropria24 tions for the Department of State, foreign operations, and 

25 related programs under the heading ‘‘Peacekeeping Oper-
74 

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1 ations’’ that are made available for the central Govern2 ment of the Democratic Republic of the Congo may only 

3 be made available if the Secretary of State certifies and 

4 reports to the Committees on Appropriations that such 

5 Government has fully vacated the property purchased by 

6 the United States in Kinshasa for the construction of a 

7 New Embassy Compound. 

8 PERSONNEL ACTIONS

9 SEC. 7005. Any costs incurred by a department or 

10 agency funded under title I of this Act resulting from per11 sonnel actions taken in response to funding reductions in12 cluded in this Act shall be absorbed within the total budg13 etary resources available under title I to such department 

14 or agency: Provided, That the authority to transfer funds 

15 between appropriations accounts as may be necessary to 

16 carry out this section is provided in addition to authorities 

17 included elsewhere in this Act: Provided further, That use 

18 of funds to carry out this section shall be treated as a 

19 reprogramming of funds under section 7015 of this Act. 

20 DEPARTMENT OF STATE MANAGEMENT

21 SEC. 7006. (a) FINANCIAL SYSTEMS IMPROVE22 MENT.—Funds appropriated by this Act for the operations 

23 of the Department of State under the headings ‘‘Diplo24 matic and Consular Programs’’ and ‘‘Capital Investment 

25 Fund’’ shall be made available to implement the rec-
75 

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1 ommendations contained in the Foreign Assistance Data 

2 Review Findings Report (FADR) and the Office of Inspec3 tor General (OIG) report entitled ‘‘Department Financial 

4 Systems Are Insufficient to Track and Report on Foreign 

5 Assistance Funds’’: Provided, That not later than 45 days 

6 after enactment of this Act, the Secretary of State shall 

7 submit to the Committees on Appropriations an update 

8 to the plan required under section 7006 of the Department 

9 of State, Foreign Operations, and Related Programs Ap10 propriations Act, 2017 (division J of Public Law 115–31) 

11 for implementing the FADR and OIG recommendations: 

12 Provided further, That such funds may not be obligated 

13 for enhancements to, or expansions of, the Budget System 

14 Modernization Financial System, Central Resource Man15 agement System, Joint Financial Management System, or 

16 Foreign Assistance Coordination and Tracking System 

17 until such updated plan is submitted to the Committees 

18 on Appropriations: Provided further, That such funds may 

19 not be obligated for new, or expansion of existing, ad hoc 

20 electronic systems to track commitments, obligations, or 

21 expenditures of funds unless the Secretary of State, fol22 lowing consultation with the Chief Information Officer of 

23 the Department of State, has reviewed and certified that 

24 such new system or expansion is consistent with the 

25 FADR and OIG recommendations. 
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1 (b) WORKING CAPITAL FUND.—Funds appropriated 

2 by this Act or otherwise made available to the Department 

3 of State for payments to the Working Capital Fund may 

4 only be used for the service centers included in the Con5 gressional Budget Justification, Department of State, 

6 Foreign Operations, and Related Programs, Fiscal Year 

7 2018: Provided, That the amounts for such service centers 

8 shall be the amounts included in such budget justification, 

9 except as provided in section 7015(b) of this Act: Provided 

10 further, That Federal agency components shall be charged 

11 only for their direct usage of each Working Capital Fund 

12 service: Provided further, That prior to increasing the per13 centage charged to Department of State bureaus and of14 fices for procurement-related activities, the Secretary of 

15 State shall include the proposed increase in the Depart16 ment of State budget justification or, at least 60 days 

17 prior to the increase, provide the Committees on Appro18 priations a justification for such increase, including a de19 tailed assessment of the cost and benefit of the services 

20 provided by the procurement fee: Provided further, That 

21 Federal agency components may only pay for Working 

22 Capital Fund services that are consistent with the purpose 

23 and authorities of such components: Provided further, 

24 That the Working Capital Fund shall be paid in advance 
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1 or reimbursed at rates which will return the full cost of 

2 each service. 

3 (c) CERTIFICATION.—Prior to the initial obligation of 

4 funds appropriated under titles III and IV of this Act that 

5 are made available to a Department of State bureau or 

6 office with responsibility for the oversight or management 

7 of such funds, the Secretary of State shall certify and re8 port to the Committees on Appropriations, on an indi9 vidual bureau or office basis, that such bureau or office 

10 is in compliance with Department and Federal financial 

11 management policies, procedures and regulations, as ap12 propriate: Provided, That if the Secretary is unable to 

13 make such certification for an individual bureau or office, 

14 the Secretary shall submit a plan and timeline to such 

15 Committees detailing the steps to be taken to ensure such 

16 compliance. 

17 (d) REPORT.—Not later than December 31, 2018, 

18 the Secretary of State shall submit a report to the appro19 priate congressional committees detailing all sole-source 

20 awards made by the Department of State during the pre21 vious fiscal year in excess of $2,000,000: Provided, That 

22 such report should be posted on the Department of State 

23 Web site. 

24 (e) INFORMATION TECHNOLOGY PLATFORM.— 
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1 (1) None of the funds appropriated by this Act 

2 may be made available to replace or change the 

3 scope of a major information technology system of 

4 the Department of State until the Secretary of State 

5 submits a report to the Committees on Appropria6 tions detailing the conclusions and recommendations 

7 from the Information Technology (IT) Platform 

8 Planning workstream of the Department of State re9 design initiative. 

10 (2) The Secretary of State shall ensure that 

11 any contract to replace or change such major infor12 mation technology system— 

13 (A) is fully consistent with the published 

14 IT strategy of the Department of State; 

15 (B) maintains consolidated control over en16 terprise IT functions and maintains or improves 

17 operational performance; 

18 (C) improves Department of State resil19 iency to a cyber-attack; 

20 (D) reduces Department of State IT costs, 

21 and requires the same number or fewer per22 sonnel to monitor and administer; and 

23 (E) is bid through an open and competitive 

24 process. 
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1 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

2 COUNTRIES

3 SEC. 7007. None of the funds appropriated or other4 wise made available pursuant to titles III through VI of 

5 this Act shall be obligated or expended to finance directly 

6 any assistance or reparations for the governments of 

7 Cuba, North Korea, Iran, or Syria: Provided, That for 

8 purposes of this section, the prohibition on obligations or 

9 expenditures shall include direct loans, credits, insurance, 

10 and guarantees of the Export-Import Bank or its agents. 

11 COUPS D’E ́TAT

12 SEC. 7008. None of the funds appropriated or other13 wise made available pursuant to titles III through VI of 

14 this Act shall be obligated or expended to finance directly 

15 any assistance to the government of any country whose 

16 duly elected head of government is deposed by military 

17 coup d’e ́tat or decree or, after the date of enactment of 

18 this Act, a coup d’e ́tat or decree in which the military 

19 plays a decisive role: Provided, That assistance may be re20 sumed to such government if the Secretary of State cer21 tifies and reports to the appropriate congressional commit22 tees that subsequent to the termination of assistance a 

23 democratically elected government has taken office: Pro24 vided further, That the provisions of this section shall not 

25 apply to assistance to promote democratic elections or 
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1 public participation in democratic processes: Provided fur2 ther, That funds made available pursuant to the previous 

3 provisos shall be subject to the regular notification proce4 dures of the Committees on Appropriations. 

5 TRANSFER OF FUNDS AUTHORITY

6 SEC. 7009. (a) DEPARTMENT OF STATE AND BROAD7 CASTING BOARD OF GOVERNORS.— 

8 (1) DEPARTMENT OF STATE.—Not to exceed 5 

9 percent of any appropriation made available for the 

10 current fiscal year for the Department of State 

11 under title I of this Act may be transferred between, 

12 and merged with, such appropriations, but no such 

13 appropriation, except as otherwise specifically pro14 vided, shall be increased by more than 10 percent by 

15 any such transfers, and no such transfer may be 

16 made to increase the appropriation under the head17 ing ‘‘Representation Expenses’’. 

18 (2) BROADCASTING BOARD OF GOVERNORS.— 

19 Not to exceed 5 percent of any appropriation made 

20 available for the current fiscal year for the Broad21 casting Board of Governors under title I of this Act 

22 may be transferred between, and merged with, such 

23 appropriations, but no such appropriation, except as 

24 otherwise specifically provided, shall be increased by 

25 more than 10 percent by any such transfers. 
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1 (3) TREATMENT AS REPROGRAMMING.—Any 

2 transfer pursuant to this subsection shall be treated 

3 as a reprogramming of funds under section 7015 of 

4 this Act and shall not be available for obligation or 

5 expenditure except in compliance with the proce6 dures set forth in that section. 

7 (b) TITLE VI AGENCIES.—Not to exceed 5 percent 

8 of any appropriation, other than for administrative ex9 penses made available for fiscal year 2018, for programs 

10 under title VI of this Act may be transferred between such 

11 appropriations for use for any of the purposes, programs, 

12 and activities for which the funds in such receiving ac13 count may be used, but no such appropriation, except as 

14 otherwise specifically provided, shall be increased by more 

15 than 25 percent by any such transfer: Provided, That the 

16 exercise of such authority shall be subject to the regular 

17 notification procedures of the Committees on Appropria18 tions. 

19 (c) LIMITATION ON TRANSFERS OF FUNDS BE20 TWEEN AGENCIES.— 

21 (1) IN GENERAL.—None of the funds made 

22 available under titles II through V of this Act may 

23 be transferred to any department, agency, or instru24 mentality of the United States Government, except 

25 pursuant to a transfer made by, or transfer author-
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1 ity provided in, this Act or any other appropriations 

2 Act. 

3 (2) ALLOCATION AND TRANSFERS.—Notwith4 standing paragraph (1), in addition to transfers 

5 made by, or authorized elsewhere in, this Act, funds 

6 appropriated by this Act to carry out the purposes 

7 of the Foreign Assistance Act of 1961 may be allo8 cated or transferred to agencies of the United States 

9 Government pursuant to the provisions of sections 

10 109, 610, and 632 of the Foreign Assistance Act of 

11 1961. 

12 (3) NOTIFICATION.—Any agreement entered 

13 into by the United States Agency for International 

14 Development or the Department of State with any 

15 department, agency, or instrumentality of the United 

16 States Government pursuant to section 632(b) of the 

17 Foreign Assistance Act of 1961 valued in excess of 

18 $1,000,000 and any agreement made pursuant to 

19 section 632(a) of such Act, with funds appropriated 

20 by this Act or prior Acts making appropriations for 

21 the Department of State, foreign operations, and re22 lated programs under the headings ‘‘Global Health 

23 Programs’’, ‘‘Development Assistance’’, ‘‘Economic 

24 Support Fund’’, and ‘‘Assistance for Europe, Eur25 asia and Central Asia’’ shall be subject to the reg-
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1 ular notification procedures of the Committees on 

2 Appropriations: Provided, That the requirement in 

3 the previous sentence shall not apply to agreements 

4 entered into between USAID and the Department of 

5 State. 

6 (d) TRANSFER OF FUNDS BETWEEN ACCOUNTS.— 

7 None of the funds made available under titles II through 

8 V of this Act may be obligated under an appropriations 

9 account to which such funds were not appropriated, except 

10 for transfers specifically provided for in this Act, unless 

11 the President, not less than 5 days prior to the exercise 

12 of any authority contained in the Foreign Assistance Act 

13 of 1961 to transfer funds, consults with and provides a 

14 written policy justification to the Committees on Appro15 priations. 

16 (e) AUDIT OF INTER-AGENCY TRANSFERS OF

17 FUNDS.—Any agreement for the transfer or allocation of 

18 funds appropriated by this Act or prior Acts making ap19 propriations for the Department of State, foreign oper20 ations and related programs, entered into between the De21 partment of State or USAID and another agency of the 

22 United States Government under the authority of section 

23 632(a) of the Foreign Assistance Act of 1961 or any com24 parable provision of law, shall expressly provide that the 

25 Inspector General (IG) for the agency receiving the trans-
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1 fer or allocation of such funds, or other entity with audit 

2 responsibility if the receiving agency does not have an IG, 

3 shall perform periodic program and financial audits of the 

4 use of such funds and report to the Department of State 

5 or USAID, as appropriate, upon completion of such au6 dits: Provided, That such audits shall be transmitted to 

7 the Committees on Appropriations by the Department of 

8 State or USAID, as appropriate: Provided further, That 

9 funds transferred under such authority may be made 

10 available for the cost of such audits. 

11 (f) REPORT.—Not later than 90 days after enactment 

12 of this Act, the Secretary of State and the USAID Admin13 istrator shall each submit a report to the Committees on 

14 Appropriations detailing all transfers to another agency 

15 of the United States Government made pursuant to sec16 tions 632(a) and 632(b) of the Foreign Assistance Act of 

17 1961 with funds provided in the Department of State, 

18 Foreign Operations, and Related Programs Appropria19 tions Act, 2017 (division J of Public Law 115–31) as of 

20 the date of enactment of this Act: Provided, That such 

21 reports shall include a list of each transfer made pursuant 

22 to such sections with the respective funding level, appro23 priation account, and the receiving agency. 
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1 PROHIBITION ON CERTAIN OPERATIONAL EXPENSES

2 SEC. 7010. (a) FIRST-CLASS TRAVEL.—None of the 

3 funds made available by this Act may be used for first4 class travel by employees of United States Government de5 partments and agencies funded by this Act in contraven6 tion of section 301–10.122 through 301–10.124 of title 

7 41, Code of Federal Regulations. 

8 (b) COMPUTER NETWORKS.—None of the funds 

9 made available by this Act for the operating expenses of 

10 any United States Government department or agency may 

11 be used to establish or maintain a computer network for 

12 use by such department or agency unless such network 

13 has filters designed to block access to sexually explicit Web 

14 sites: Provided, That nothing in this subsection shall limit 

15 the use of funds necessary for any Federal, State, tribal, 

16 or local law enforcement agency, or any other entity car17 rying out the following activities: criminal investigations, 

18 prosecutions, and adjudications; administrative discipline; 

19 and the monitoring of such Web sites undertaken as part 

20 of official business. 

21 (c) PROHIBITION ON PROMOTION OF TOBACCO.— 

22 None of the funds made available by this Act shall be 

23 available to promote the sale or export of tobacco or to24 bacco products, or to seek the reduction or removal by any 

25 foreign country of restrictions on the marketing of tobacco 
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1 or tobacco products, except for restrictions which are not 

2 applied equally to all tobacco or tobacco products of the 

3 same type. 

4 AVAILABILITY OF FUNDS

5 SEC. 7011. No part of any appropriation contained 

6 in this Act shall remain available for obligation after the 

7 expiration of the current fiscal year unless expressly so 

8 provided by this Act: Provided, That funds appropriated 

9 for the purposes of chapters 1 and 8 of part I, section 

10 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 

11 Assistance Act of 1961, section 23 of the Arms Export 

12 Control Act, and funds provided under the headings ‘‘De13 velopment Credit Authority’’ and ‘‘Assistance for Europe, 

14 Eurasia and Central Asia’’ shall remain available for an 

15 additional 4 years from the date on which the availability 

16 of such funds would otherwise have expired, if such funds 

17 are initially obligated before the expiration of their respec18 tive periods of availability contained in this Act: Provided 

19 further, That notwithstanding any other provision of this 

20 Act, any funds made available for the purposes of chapter 

21 1 of part I and chapter 4 of part II of the Foreign Assist22 ance Act of 1961 which are allocated or obligated for cash 

23 disbursements in order to address balance of payments or 

24 economic policy reform objectives, shall remain available 

25 for an additional 4 years from the date on which the avail-
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1 ability of such funds would otherwise have expired, if such 

2 funds are initially allocated or obligated before the expira3 tion of their respective periods of availability contained in 

4 this Act: Provided further, That the Secretary of State 

5 shall provide a report to the Committees on Appropria6 tions not later than October 30, 2018, detailing by ac7 count and source year, the use of this authority during 

8 the previous fiscal year. 

9 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

10 SEC. 7012. No part of any appropriation provided 

11 under titles III through VI in this Act shall be used to 

12 furnish assistance to the government of any country which 

13 is in default during a period in excess of 1 calendar year 

14 in payment to the United States of principal or interest 

15 on any loan made to the government of such country by 

16 the United States pursuant to a program for which funds 

17 are appropriated under this Act unless the President de18 termines, following consultation with the Committees on 

19 Appropriations, that assistance for such country is in the 

20 national interest of the United States. 

21 PROHIBITION ON TAXATION OF UNITED STATES

22 ASSISTANCE

23 SEC. 7013. (a) PROHIBITION ON TAXATION.—None 

24 of the funds appropriated under titles III through VI of 

25 this Act may be made available to provide assistance for 
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1 a foreign country under a new bilateral agreement gov2 erning the terms and conditions under which such assist3 ance is to be provided unless such agreement includes a 

4 provision stating that assistance provided by the United 

5 States shall be exempt from taxation, or reimbursed, by 

6 the foreign government, and the Secretary of State and 

7 the Administrator of the United States Agency for Inter8 national Development shall expeditiously seek to negotiate 

9 amendments to existing bilateral agreements, as nec10 essary, to conform with this requirement. 

11 (b) NOTIFICATION AND REIMBURSEMENT OF FOR12 EIGN TAXES.—An amount equivalent to 200 percent of 

13 the total taxes assessed during fiscal year 2018 on funds 

14 appropriated by this Act and prior Acts making appropria15 tions for the Department of State, foreign operations, and 

16 related programs by a foreign government or entity 

17 against United States assistance programs, either directly 

18 or through grantees, contractors, and subcontractors, shall 

19 be withheld from obligation from funds appropriated for 

20 assistance for fiscal year 2019 and for prior fiscal years 

21 and allocated for the central government of such country 

22 or for the West Bank and Gaza program, as applicable, 

23 if, not later than September 30, 2019, such taxes have 

24 not been reimbursed: Provided, That the Secretary of 

25 State shall report to the Committees on Appropriations 
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1 by such date on the foreign governments and entities that 

2 have not reimbursed such taxes, including any amount of 

3 funds withheld pursuant to this subsection. 

4 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 

5 minimis nature shall not be subject to the provisions of 

6 subsection (b). 

7 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

8 from obligation for each foreign government or entity pur9 suant to subsection (b) shall be reprogrammed for assist10 ance for countries which do not assess taxes on United 

11 States assistance or which have an effective arrangement 

12 that is providing substantial reimbursement of such taxes, 

13 and that can reasonably accommodate such assistance in 

14 a programmatically responsible manner. 

15 (e) DETERMINATIONS.— 

16 (1) IN GENERAL.—The provisions of this sec17 tion shall not apply to any foreign government or en18 tity that assesses such taxes if the Secretary of 

19 State reports to the Committees on Appropriations 

20 that— 

21 (A) such foreign government or entity has 

22 an effective arrangement that is providing sub23 stantial reimbursement of such taxes; or 

24 (B) the foreign policy interests of the 

25 United States outweigh the purpose of this sec-
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1 tion to ensure that United States assistance is 

2 not subject to taxation. 

3 (2) CONSULTATION.—The Secretary of State 

4 shall consult with the Committees on Appropriations 

5 at least 15 days prior to exercising the authority of 

6 this subsection with regard to any foreign govern7 ment or entity. 

8 (f) IMPLEMENTATION.—The Secretary of State shall 

9 issue and update rules, regulations, or policy guidance, as 

10 appropriate, to implement the prohibition against the tax11 ation of assistance contained in this section. 

12 (g) DEFINITIONS.—As used in this section— 

13 (1) the term ‘‘bilateral agreement’’ refers to a 

14 framework bilateral agreement between the Govern15 ment of the United States and the government of 

16 the country receiving assistance that describes the 

17 privileges and immunities applicable to United 

18 States foreign assistance for such country generally, 

19 or an individual agreement between the Government 

20 of the United States and such government that de21 scribes, among other things, the treatment for tax 

22 purposes that will be accorded the United States as23 sistance provided under that agreement; and 

24 (2) the term ‘‘taxes and taxation’’ shall include 

25 value added taxes and customs duties but shall not 
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1 include individual income taxes assessed to local 

2 staff. 

3 RESERVATIONS OF FUNDS

4 SEC. 7014. (a) REPROGRAMMING.—Funds appro5 priated under titles III through VI of this Act which are 

6 specifically designated may be reprogrammed for other 

7 programs within the same account notwithstanding the 

8 designation if compliance with the designation is made im9 possible by operation of any provision of this or any other 

10 Act: Provided, That any such reprogramming shall be sub11 ject to the regular notification procedures of the Commit12 tees on Appropriations: Provided further, That assistance 

13 that is reprogrammed pursuant to this subsection shall be 

14 made available under the same terms and conditions as 

15 originally provided. 

16 (b) EXTENSION OF AVAILABILITY.—In addition to 

17 the authority contained in subsection (a), the original pe18 riod of availability of funds appropriated by this Act and 

19 administered by the Department of State or the United 

20 States Agency for International Development that are spe21 cifically designated for particular programs or activities by 

22 this or any other Act may be extended for an additional 

23 fiscal year if the Secretary of State or the USAID Admin24 istrator, as appropriate, determines and reports promptly 

25 to the Committees on Appropriations that the termination 
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1 of assistance to a country or a significant change in cir2 cumstances makes it unlikely that such designated funds 

3 can be obligated during the original period of availability: 

4 Provided, That such designated funds that continue to be 

5 available for an additional fiscal year shall be obligated 

6 only for the purpose of such designation. 

7 (c) OTHER ACTS.—Ceilings and specifically des8 ignated funding levels contained in this Act shall not be 

9 applicable to funds or authorities appropriated or other10 wise made available by any subsequent Act unless such 

11 Act specifically so directs: Provided, That specifically des12 ignated funding levels or minimum funding requirements 

13 contained in any other Act shall not be applicable to funds 

14 appropriated by this Act. 

15 NOTIFICATION REQUIREMENTS

16 SEC. 7015. (a) NOTIFICATION OF CHANGES IN PRO17 GRAMS, PROJECTS, AND ACTIVITIES.—None of the funds 

18 made available in titles I and II of this Act or prior Acts 

19 making appropriations for the Department of State, for20 eign operations, and related programs to the departments 

21 and agencies funded by this Act that remain available for 

22 obligation in fiscal year 2018, or provided from any ac23 counts in the Treasury of the United States derived by 

24 the collection of fees or of currency reflows or other offset25 ting collections, or made available by transfer, to the de-
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1 partments and agencies funded by this Act, shall be avail2 able for obligation to— 

3 (1) create new programs; 

4 (2) suspend or eliminate a program, project, or 

5 activity; 

6 (3) close, suspend, open, or reopen a mission or 

7 post; 

8 (4) create, close, reorganize, downsize, or re9 name bureaus, centers, or offices; or 

10 (5) contract out or privatize any functions or 

11 activities presently performed by Federal employees; 

12 unless previously justified to the Committees on Appro13 priations or such Committees are notified 15 days in ad14 vance of such obligation. 

15 (b) NOTIFICATION OF REPROGRAMMING OF

16 FUNDS.—None of the funds provided under titles I and 

17 II of this Act or prior Acts making appropriations for the 

18 Department of State, foreign operations, and related pro19 grams, to the departments and agencies funded under ti20 tles I and II of this Act that remain available for obliga21 tion in fiscal year 2018, or provided from any accounts 

22 in the Treasury of the United States derived by the collec23 tion of fees available to the department and agency funded 

24 under title I of this Act, shall be available for obligation 

25 or expenditure for activities, programs, or projects 
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1 through a reprogramming of funds in excess of 

2 $1,000,000 or 10 percent, whichever is less, that— 

3 (1) augments or changes existing programs, 

4 projects, or activities; 

5 (2) relocates an existing office or employees; 

6 (3) reduces by 10 percent funding for any exist7 ing program, project, or activity, or numbers of per8 sonnel by 10 percent as approved by Congress; or 

9 (4) results from any general savings, including 

10 savings from a reduction in personnel, which would 

11 result in a change in existing programs, activities, or 

12 projects as approved by the Congress; 

13 unless the Committees on Appropriations are notified 15 

14 days in advance of such reprogramming of funds. 

15 (c) NOTIFICATION REQUIREMENT.—None of the 

16 funds made available by this Act under the headings 

17 ‘‘Global Health Programs’’, ‘‘Development Assistance’’, 

18 ‘‘International Organizations and Programs’’, ‘‘Trade and 

19 Development Agency’’, ‘‘International Narcotics Control 

20 and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘De21 mocracy Fund’’, ‘‘Assistance for Europe, Eurasia and 

22 Central Asia’’, ‘‘Peacekeeping Operations’’, ‘‘Non23 proliferation, Anti-terrorism, Demining and Related Pro24 grams’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign 

25 Military Financing Program’’, ‘‘International Military 
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1 Education and Training’’, and ‘‘Peace Corps’’, shall be 

2 available for obligation for activities, programs, projects, 

3 type of materiel assistance, countries, or other operations 

4 not justified or in excess of the amount justified to the 

5 Committees on Appropriations for obligation under any of 

6 these specific headings unless the Committees on Appro7 priations are notified 15 days in advance: Provided, That 

8 the President shall not enter into any commitment of 

9 funds appropriated for the purposes of section 23 of the 

10 Arms Export Control Act for the provision of major de11 fense equipment, other than conventional ammunition, or 

12 other major defense items defined to be aircraft, ships, 

13 missiles, or combat vehicles, not previously justified to 

14 Congress or 20 percent in excess of the quantities justified 

15 to Congress unless the Committees on Appropriations are 

16 notified 15 days in advance of such commitment: Provided 

17 further, That requirements of this subsection or any simi18 lar provision of this or any other Act shall not apply to 

19 any reprogramming for an activity, program, or project 

20 for which funds are appropriated under titles III through 

21 VI of this Act of less than 10 percent of the amount pre22 viously justified to Congress for obligation for such activ23 ity, program, or project for the current fiscal year: Pro24 vided further, That any notification submitted pursuant to 

25 subsection (f) of this section shall include information (if 
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1 known on the date of transmittal of such notification) on 

2 the use of notwithstanding authority: Provided further, 

3 That if subsequent to the notification of assistance it be4 comes necessary to rely on notwithstanding authority, the 

5 Committees on Appropriations should be informed at the 

6 earliest opportunity and to the extent practicable. 

7 (d) DEPARTMENT OF DEFENSE PROGRAMS AND

8 FUNDING NOTIFICATIONS.— 

9 (1) PROGRAMS.—Notwithstanding any other 

10 provision of law, none of the funds appropriated by 

11 this Act or prior Acts making appropriations for the 

12 Department of State, foreign operations, and related 

13 programs may be made available to support or con14 tinue any program initially funded under any au15 thority of title 10, United States Code, or any Act 

16 making or authorizing appropriations for the De17 partment of Defense, unless the Secretary of State, 

18 in consultation with the Secretary of Defense, sub19 mits to the Committees on Appropriations a detailed 

20 justification to support or continue any such pro21 gram: Provided, That such justification shall include 

22 a description of such program and the estimated 

23 costs associated with support or continuation: Pro24 vided further, That funds appropriated by this Act 

25 that are made available to support or continue any 
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1 such program shall be subject to the regular notifi2 cation procedures of the Committees on Appropria3 tions. 

4 (2) FUNDING.—Notwithstanding any other pro5 vision of law, with the exception of funds transferred 

6 to, and merged with, funds appropriated under title 

7 I of this Act, funds transferred by the Department 

8 of Defense to the Department of State and the 

9 United States Agency for International Development 

10 for assistance for foreign countries and international 

11 organizations shall be subject to the regular notifica12 tion procedures of the Committees on Appropria13 tions. 

14 (e) WAIVER.—The requirements of this section or 

15 any similar provision of this Act or any other Act, includ16 ing any prior Act requiring notification in accordance with 

17 the regular notification procedures of the Committees on 

18 Appropriations, may be waived if failure to do so would 

19 pose a substantial risk to human health or welfare: Pro20 vided, That in case of any such waiver, notification to the 

21 Committees on Appropriations shall be provided as early 

22 as practicable, but in no event later than 3 days after tak23 ing the action to which such notification requirement was 

24 applicable, in the context of the circumstances necessi25 tating such waiver: Provided further, That any notification 
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1 provided pursuant to such a waiver shall contain an expla2 nation of the emergency circumstances. 

3 (f) COUNTRY NOTIFICATION REQUIREMENTS.—None 

4 of the funds appropriated under titles III through VI of 

5 this Act may be obligated or expended for assistance for 

6 Afghanistan, Bahrain, Bolivia, Burma, Cambodia, Cam7 eroon, Colombia, Cuba, Ecuador, Egypt, El Salvador, 

8 Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Kenya, 

9 Lebanon, Libya, Mexico, Pakistan, Philippines, the Rus10 sian Federation, Somalia, South Sudan, Sri Lanka, 

11 Sudan, Syria, Uzbekistan, Venezuela, Yemen, and 

12 Zimbabwe except as provided through the regular notifica13 tion procedures of the Committees on Appropriations. 

14 (g) TRUST FUNDS.—Funds appropriated or other15 wise made available in title III of this Act and prior Acts 

16 making funds available for the Department of State, for17 eign operations, and related programs that are made avail18 able for a trust fund held by an international financial 

19 institution as defined by section 7034(r)(3) of this Act 

20 shall be subject to the regular notification procedures of 

21 the Committees on Appropriations. 

22 (h) OTHER PROGRAM NOTIFICATION REQUIRE23 MENT.— 

24 (1) DIPLOMATIC AND CONSULAR PROGRAMS.— 

25 Funds appropriated under Title I of this Act under 
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1 the heading ‘‘Diplomatic and Consular Programs’’ 

2 that are made available for a pilot program for lat3 eral entry into the Foreign Service shall be subject 

4 to prior consultation with, and the regular notifica5 tion procedures of, the Committees on Appropria6 tions. 

7 (2) OTHER PROGRAMS.—Funds appropriated by 

8 this Act that are made available for the following 

9 programs and activities shall be subject to the reg10 ular notification procedures of the Committees on 

11 Appropriations: 

12 (A) The Global Engagement Center, except 

13 that the Secretary of State shall consult with 

14 the appropriate congressional committees prior 

15 to submitting such notification. 

16 (B) The Power Africa initiative. 

17 (C) Community-based police assistance 

18 conducted pursuant to the authority of section 

19 7049 of this Act. 

20 (D) Programs to counter foreign fighters 

21 and extremist organizations, pursuant to sec22 tion 7073(a) of this Act. 

23 (E) The Relief and Recovery Fund. 

24 (F) The Women Entrepreneurs Financing 

25 Initiative, except that funds made available for 
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1 such initiative in prior Acts making appropria2 tions for the Department of State, foreign oper3 ations, and related programs shall be subject to 

4 the regular notification procedures of the Com5 mittees on Appropriations. 

6 (G) The Global Security Contingency 

7 Fund. 

8 (i) WITHHOLDING OF FUNDS.—Funds appropriated 

9 by this Act under titles III and IV that are withheld from 

10 obligation or otherwise not programmed as a result of ap11 plication of a provision of law in this or any other Act 

12 shall, if reprogrammed, be subject to the regular notifica13 tion procedures of the Committees on Appropriations. 

14 (j) REQUIREMENT TO INFORM AND COORDINATE.— 

15 The Secretary of State shall promptly inform the appro16 priate congressional committees of each instance in which 

17 funds appropriated by this Act for assistance for Iraq, 

18 Libya, Somalia, and Syria, the Counterterrorism Partner19 ship Fund, the Relief and Recovery Fund, and to counter 

20 extremism and foreign fighters abroad, have been diverted 

21 or destroyed, to include the type and amount of assistance, 

22 a description of the incident and parties involved, and an 

23 explanation of the response of the Department of State 

24 or USAID, as appropriate: Provided, That the Secretary 

25 shall ensure such funds are coordinated with, and com-
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1 plement, the programs of other United States Government 

2 departments and agencies and international partners in 

3 such countries and on such activities. 

4 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

5 SEC. 7016. Prior to providing excess Department of 

6 Defense articles in accordance with section 516(a) of the 

7 Foreign Assistance Act of 1961, the Department of De8 fense shall notify the Committees on Appropriations to the 

9 same extent and under the same conditions as other com10 mittees pursuant to subsection (f) of that section: Pro11 vided, That before issuing a letter of offer to sell excess 

12 defense articles under the Arms Export Control Act, the 

13 Department of Defense shall notify the Committees on 

14 Appropriations in accordance with the regular notification 

15 procedures of such Committees if such defense articles are 

16 significant military equipment (as defined in section 47(9) 

17 of the Arms Export Control Act) or are valued (in terms 

18 of original acquisition cost) at $7,000,000 or more, or if 

19 notification is required elsewhere in this Act for the use 

20 of appropriated funds for specific countries that would re21 ceive such excess defense articles: Provided further, That 

22 such Committees shall also be informed of the original ac23 quisition cost of such defense articles. 
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1 LIMITATION ON AVAILABILITY OF FUNDS FOR

2 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

3 SEC. 7017. Subject to the regular notification proce4 dures of the Committees on Appropriations, funds appro5 priated under titles I and III through V of this Act, which 

6 are returned or not made available for organizations and 

7 programs because of the implementation of section 307(a) 

8 of the Foreign Assistance Act of 1961, shall remain avail9 able for obligation until September 30, 2020: Provided, 

10 That the requirement to withhold funds for programs in 

11 Burma under section 307(a) of the Foreign Assistance Act 

12 of 1961 shall not apply to funds appropriated by this Act. 

13 PROHIBITION ON FUNDING FOR ABORTIONS AND

14 INVOLUNTARY STERILIZATION

15 SEC. 7018. None of the funds made available to carry 

16 out part I of the Foreign Assistance Act of 1961, as 

17 amended, may be used to pay for the performance of abor18 tions as a method of family planning or to motivate or 

19 coerce any person to practice abortions. None of the funds 

20 made available to carry out part I of the Foreign Assist21 ance Act of 1961, as amended, may be used to pay for 

22 the performance of involuntary sterilization as a method 

23 of family planning or to coerce or provide any financial 

24 incentive to any person to undergo sterilizations. None of 

25 the funds made available to carry out part I of the Foreign 
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1 Assistance Act of 1961, as amended, may be used to pay 

2 for any biomedical research which relates in whole or in 

3 part, to methods of, or the performance of, abortions or 

4 involuntary sterilization as a means of family planning. 

5 None of the funds made available to carry out part I of 

6 the Foreign Assistance Act of 1961, as amended, may be 

7 obligated or expended for any country or organization if 

8 the President certifies that the use of these funds by any 

9 such country or organization would violate any of the 

10 above provisions related to abortions and involuntary steri11 lizations. 

12 ALLOCATIONS AND REPORTS

13 SEC. 7019. (a) ALLOCATIONS.—Unless otherwise 

14 specified by this Act, funds appropriated by this Act under 

15 the headings ‘‘Diplomatic and Consular Programs’’ and 

16 ‘‘Operating Expenses’’ and under titles III through V shall 

17 be made available in the amounts specifically designated 

18 in the respective tables included in the report accom19 panying this Act, except for amounts designated in such 

20 tables for ‘‘International Military Education and Train21 ing’’, ‘‘Relief and Recovery Fund’’, and funds for which 

22 the initial period of availability has expired: Provided, 

23 That such designated amounts for foreign countries and 

24 international organizations shall serve as the amounts for 

25 such countries and international organizations transmitted 
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1 to Congress in the report required by section 653(a) of 

2 the Foreign Assistance Act of 1961. 

3 (b) REPORTS.—The Secretary of State and the Ad4 ministrator of the United States Agency for International 

5 Development, as appropriate, shall submit the reports re6 quired in the report accompanying this Act in the manner 

7 described. 

8 (c) WITHHOLDING OF FUNDS.—Of the funds appro9 priated by this Act under the heading ‘‘International Mili10 tary Education and Training’’, 15 percent shall be with11 held from obligation until the Secretary of State submits 

12 to the appropriate congressional committees the report re13 quired under this heading in the Joint Explanatory State14 ment accompanying the Department of State, Foreign Op15 erations, and Related Programs Appropriations Act, 2017 

16 (division J of Public Law 115–31), as described. 

17 REPRESENTATION AND ENTERTAINMENT EXPENSES

18 SEC. 7020. (a) USES OF FUNDS.—Each Federal de19 partment, agency, or entity funded in titles I or II of this 

20 Act, and the Department of the Treasury and independent 

21 agencies funded in titles III or VI of this Act, shall take 

22 steps to ensure that domestic and overseas representation 

23 and entertainment expenses further official agency busi24 ness and United States foreign policy interests, and— 
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1 (1) are primarily for fostering relations outside 

2 of the Executive Branch; 

3 (2) are principally for meals and events of a 

4 protocol nature; 

5 (3) are not for employee-only events; and 

6 (4) do not include activities that are substan7 tially of a recreational character. 

8 (b) LIMITATIONS.—None of the funds appropriated 

9 or otherwise made available by this Act under the head10 ings ‘‘International Military Education and Training’’ or 

11 ‘‘Foreign Military Financing Program’’ for Informational 

12 Program activities or under the headings ‘‘Global Health 

13 Programs’’, ‘‘Development Assistance’’, ‘‘Economic Sup14 port Fund’’, and ‘‘Assistance for Europe, Eurasia and 

15 Central Asia’’ may be obligated or expended to pay for— 

16 (1) alcoholic beverages; or 

17 (2) entertainment expenses for activities that 

18 are substantially of a recreational character, includ19 ing entrance fees at sporting events, theatrical and 

20 musical productions, and amusement parks. 

21 PROHIBITION ON ASSISTANCE TO GOVERNMENTS

22 SUPPORTING INTERNATIONAL TERRORISM

23 SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EX24 PORTS.— 
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1 (1) PROHIBITION.—None of the funds appro2 priated or otherwise made available by titles III 

3 through VI of this Act may be made available to any 

4 foreign government which provides lethal military 

5 equipment to a country the government of which the 

6 Secretary of State has determined supports inter7 national terrorism for purposes of section 6(j) of the 

8 Export Administration Act of 1979 as continued in 

9 effect pursuant to the International Emergency Eco10 nomic Powers Act: Provided, That the prohibition 

11 under this section with respect to a foreign govern12 ment shall terminate 12 months after that govern13 ment ceases to provide such military equipment: 

14 Provided further, That this section applies with re15 spect to lethal military equipment provided under a 

16 contract entered into after October 1, 1997. 

17 (2) DETERMINATION.—Assistance restricted by 

18 paragraph (1) or any other similar provision of law, 

19 may be furnished if the President determines that to 

20 do so is important to the national interest of the 

21 United States. 

22 (3) REPORT.—Whenever the President makes a 

23 determination pursuant to paragraph (2), the Presi24 dent shall submit to the Committees on Appropria25 tions a report with respect to the furnishing of such 
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1 assistance, including a detailed explanation of the 

2 assistance to be provided, the estimated dollar 

3 amount of such assistance, and an explanation of 

4 how the assistance furthers United States national 

5 interest. 

6 (b) BILATERAL ASSISTANCE.— 

7 (1) LIMITATIONS.—Funds appropriated for bi8 lateral assistance in titles III through VI of this Act 

9 and funds appropriated under any such title in prior 

10 Acts making appropriations for the Department of 

11 State, foreign operations, and related programs, 

12 shall not be made available to any foreign govern13 ment which the President determines— 

14 (A) grants sanctuary from prosecution to 

15 any individual or group which has committed 

16 an act of international terrorism; 

17 (B) otherwise supports international ter18 rorism; or 

19 (C) is controlled by an organization des20 ignated as a terrorist organization under sec21 tion 219 of the Immigration and Nationality 

22 Act (8 U.S.C. 1189). 

23 (2) WAIVER.—The President may waive the ap24 plication of paragraph (1) to a government if the 

25 President determines that national security or hu-
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1 manitarian reasons justify such waiver: Provided, 

2 That the President shall publish each such waiver in 

3 the Federal Register and, at least 15 days before the 

4 waiver takes effect, shall notify the Committees on 

5 Appropriations of the waiver (including the justifica6 tion for the waiver) in accordance with the regular 

7 notification procedures of the Committees on Appro8 priations. 

9 AUTHORIZATION REQUIREMENTS

10 SEC. 7022. Funds appropriated by this Act, except 

11 funds appropriated under the heading ‘‘Trade and Devel12 opment Agency’’, may be obligated and expended notwith13 standing section 10 of Public Law 91–672 (22 U.S.C. 

14 2412), section 15 of the State Department Basic Authori15 ties Act of 1956 (22 U.S.C. 2680), section 313 of the For16 eign Relations Authorization Act, Fiscal Years 1994 and 

17 1995 (22 U.S.C. 6212), and section 504(a)(1) of the Na18 tional Security Act of 1947 (50 U.S.C. 3094(a)(1)). 

19 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

20 SEC. 7023. For the purpose of titles II through VI 

21 of this Act ‘‘program, project, and activity’’ shall be de22 fined at the appropriations Act account level and shall in23 clude all appropriations and authorizations Acts funding 

24 directives, ceilings, and limitations with the exception that 

25 for the following accounts: ‘‘Economic Support Fund’’, 
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1 ‘‘Assistance for Europe, Eurasia and Central Asia’’, and 

2 ‘‘Foreign Military Financing Program’’, ‘‘program, 

3 project, and activity’’ shall also be considered to include 

4 country, regional, and central program level funding with5 in each such account; and for the development assistance 

6 accounts of the United States Agency for International 

7 Development, ‘‘program, project, and activity’’ shall also 

8 be considered to include central, country, regional, and 

9 program level funding, either as— 

10 (1) justified to Congress; or 

11 (2) allocated by the Executive Branch in ac12 cordance with a report, to be provided to the Com13 mittees on Appropriations within 30 days after the 

14 enactment of this Act, as required by section 653(a) 

15 of the Foreign Assistance Act of 1961 or as modi16 fied pursuant to section 7019 of this Act. 

17 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

18 FOUNDATION AND UNITED STATES AFRICAN DEVEL19 OPMENT FOUNDATION

20 SEC. 7024. Unless expressly provided to the contrary, 

21 provisions of this or any other Act, including provisions 

22 contained in prior Acts authorizing or making appropria23 tions for the Department of State, foreign operations, and 

24 related programs, shall not be construed to prohibit activi25 ties authorized by or conducted under the Peace Corps 
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1 Act, the Inter-American Foundation Act or the African 

2 Development Foundation Act: Provided, That prior to con3 ducting activities in a country for which assistance is pro4 hibited, the agency shall consult with the Committees on 

5 Appropriations and report to such Committees within 15 

6 days of taking such action. 

7 COMMERCE, TRADE AND SURPLUS COMMODITIES

8 SEC. 7025. (a) WORLD MARKETS.—None of the 

9 funds appropriated or made available pursuant to titles 

10 III through VI of this Act for direct assistance and none 

11 of the funds otherwise made available to the Export-Im12 port Bank and the Overseas Private Investment Corpora13 tion shall be obligated or expended to finance any loan, 

14 any assistance, or any other financial commitments for es15 tablishing or expanding production of any commodity for 

16 export by any country other than the United States, if 

17 the commodity is likely to be in surplus on world markets 

18 at the time the resulting productive capacity is expected 

19 to become operative and if the assistance will cause sub20 stantial injury to United States producers of the same, 

21 similar, or competing commodity: Provided, That such 

22 prohibition shall not apply to the Export-Import Bank if 

23 in the judgment of its Board of Directors the benefits to 

24 industry and employment in the United States are likely 

25 to outweigh the injury to United States producers of the 
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1 same, similar, or competing commodity, and the Chairman 

2 of the Board so notifies the Committees on Appropria3 tions: Provided further, That this subsection shall not pro4 hibit— 

5 (1) activities in a country that is eligible for as6 sistance from the International Development Asso7 ciation, is not eligible for assistance from the Inter8 national Bank for Reconstruction and Development, 

9 and does not export on a consistent basis the agri10 cultural commodity with respect to which assistance 

11 is furnished; or 

12 (2) activities in a country the President deter13 mines is recovering from widespread conflict, a hu14 manitarian crisis, or a complex emergency. 

15 (b) EXPORTS.—None of the funds appropriated by 

16 this or any other Act to carry out chapter 1 of part I 

17 of the Foreign Assistance Act of 1961 shall be available 

18 for any testing or breeding feasibility study, variety im19 provement or introduction, consultancy, publication, con20 ference, or training in connection with the growth or pro21 duction in a foreign country of an agricultural commodity 

22 for export which would compete with a similar commodity 

23 grown or produced in the United States: Provided, That 

24 this subsection shall not prohibit— 
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1 (1) activities designed to increase food security 

2 in developing countries where such activities will not 

3 have a significant impact on the export of agricul4 tural commodities of the United States; 

5 (2) research activities intended primarily to 

6 benefit United States producers; 

7 (3) activities in a country that is eligible for as8 sistance from the International Development Asso9 ciation, is not eligible for assistance from the Inter10 national Bank for Reconstruction and Development, 

11 and does not export on a consistent basis the agri12 cultural commodity with respect to which assistance 

13 is furnished; or 

14 (4) activities in a country the President deter15 mines is recovering from widespread conflict, a hu16 manitarian crisis, or a complex emergency. 

17 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.— 

18 The Secretary of the Treasury shall instruct the United 

19 States executive directors of the international financial in20 stitutions, as defined in section 7034(r)(3) of this Act, to 

21 use the voice and vote of the United States to oppose any 

22 assistance by such institutions, using funds appropriated 

23 or made available by this Act, for the production or extrac24 tion of any commodity or mineral for export, if it is in 

25 surplus on world markets and if the assistance will cause 
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1 substantial injury to United States producers of the same, 

2 similar, or competing commodity. 

3 SEPARATE ACCOUNTS

4 SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL

5 CURRENCIES.— 

6 (1) AGREEMENTS.—If assistance is furnished to 

7 the government of a foreign country under chapters 

8 1 and 10 of part I or chapter 4 of part II of the 

9 Foreign Assistance Act of 1961 under agreements 

10 which result in the generation of local currencies of 

11 that country, the Administrator of the United States 

12 Agency for International Development shall— 

13 (A) require that local currencies be depos14 ited in a separate account established by that 

15 government; 

16 (B) enter into an agreement with that gov17 ernment which sets forth— 

18 (i) the amount of the local currencies 

19 to be generated; and 

20 (ii) the terms and conditions under 

21 which the currencies so deposited may be 

22 utilized, consistent with this section; and 

23 (C) establish by agreement with that gov24 ernment the responsibilities of USAID and that 

25 government to monitor and account for deposits 
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1 into and disbursements from the separate ac2 count. 

3 (2) USES OF LOCAL CURRENCIES.—As may be 

4 agreed upon with the foreign government, local cur5 rencies deposited in a separate account pursuant to 

6 subsection (a), or an equivalent amount of local cur7 rencies, shall be used only— 

8 (A) to carry out chapter 1 or 10 of part 

9 I or chapter 4 of part II of the Foreign Assist10 ance Act of 1961 (as the case may be), for such 

11 purposes as— 

12 (i) project and sector assistance activi13 ties; or 

14 (ii) debt and deficit financing; or 

15 (B) for the administrative requirements of 

16 the United States Government. 

17 (3) PROGRAMMING ACCOUNTABILITY.—USAID 

18 shall take all necessary steps to ensure that the 

19 equivalent of the local currencies disbursed pursuant 

20 to subsection (a)(2)(A) from the separate account 

21 established pursuant to subsection (a)(1) are used 

22 for the purposes agreed upon pursuant to subsection 

23 (a)(2). 

24 (4) TERMINATION OF ASSISTANCE PRO25 GRAMS.—Upon termination of assistance to a coun-
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1 try under chapter 1 or 10 of part I or chapter 4 of 

2 part II of the Foreign Assistance Act of 1961 (as 

3 the case may be), any unencumbered balances of 

4 funds which remain in a separate account estab5 lished pursuant to subsection (a) shall be disposed of 

6 for such purposes as may be agreed to by the gov7 ernment of that country and the United States Gov8 ernment. 

9 (5) REPORT.—The USAID Administrator shall 

10 report as part of the congressional budget justifica11 tion submitted to the Committees on Appropriations 

12 on the use of local currencies for the administrative 

13 requirements of the United States Government as 

14 authorized in subsection (a)(2)(B), and such report 

15 shall include the amount of local currency (and 

16 United States dollar equivalent) used or to be used 

17 for such purpose in each applicable country. 

18 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

19 (1) IN GENERAL.—If assistance is made avail20 able to the government of a foreign country, under 

21 chapter 1 or 10 of part I or chapter 4 of part II of 

22 the Foreign Assistance Act of 1961, as cash transfer 

23 assistance or as nonproject sector assistance, that 

24 country shall be required to maintain such funds in 
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1 a separate account and not commingle with any 

2 other funds. 

3 (2) APPLICABILITY OF OTHER PROVISIONS OF

4 LAW.—Such funds may be obligated and expended 

5 notwithstanding provisions of law which are incon6 sistent with the nature of this assistance including 

7 provisions which are referenced in the Joint Explan8 atory Statement of the Committee of Conference ac9 companying House Joint Resolution 648 (House Re10 port No. 98–1159). 

11 (3) NOTIFICATION.—At least 15 days prior to 

12 obligating any such cash transfer or nonproject sec13 tor assistance, the President shall submit a notifica14 tion through the regular notification procedures of 

15 the Committees on Appropriations, which shall in16 clude a detailed description of how the funds pro17 posed to be made available will be used, with a dis18 cussion of the United States interests that will be 

19 served by such assistance (including, as appropriate, 

20 a description of the economic policy reforms that will 

21 be promoted by such assistance). 

22 (4) EXEMPTION.—Nonproject sector assistance 

23 funds may be exempt from the requirements of para24 graph (1) only through the regular notification pro25 cedures of the Committees on Appropriations. 
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1 ELIGIBILITY FOR ASSISTANCE

2 SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN3 MENTAL 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 2018, re23 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 
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1 Law 83–480; 7 U.S.C. 1721 et seq.): Provided, That none 

2 of the funds appropriated to carry out title I of such Act 

3 and made available pursuant to this subsection may be 

4 obligated or expended except as provided through the reg5 ular notification procedures of the Committees on Appro6 priations. 

7 (c) EXCEPTION.—This section shall not apply— 

8 (1) with respect to section 620A of the Foreign 

9 Assistance Act of 1961 or any comparable provision 

10 of law prohibiting assistance to countries that sup11 port international terrorism; or 

12 (2) with respect to section 116 of the Foreign 

13 Assistance Act of 1961 or any comparable provision 

14 of law prohibiting assistance to the government of a 

15 country that violates internationally recognized 

16 human rights. 

17 LOCAL COMPETITION

18 SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO

19 COMPETITION FOR LOCAL ENTITIES.—Funds appro20 priated by this Act that are made available to the United 

21 States Agency for International Development may only be 

22 made available for limited competitions through local enti23 ties if— 

24 (1) prior to the determination to limit competi25 tion to local entities, USAID has— 
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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 fund13 ing is used for its intended purposes; and 

14 (3) no level of acceptable fraud is assumed. 

15 (b) REPORT.—In addition to the requirements of sub16 section (a)(1), the USAID Administrator shall report to 

17 the appropriate congressional committees not later than 

18 45 days after the end of fiscal year 2018 on all awards 

19 subject to limited or no competition for local entities: Pro20 vided, That such report shall be posted on the USAID 

21 Web site: Provided further, That the requirements of this 

22 subsection shall only apply to awards in excess of 

23 $3,000,000 and sole source awards to local entities in ex24 cess of $2,000,000. 
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1 (c) EXTENSION OF PROCUREMENT AUTHORITY.— 

2 Section 7077 of the Department of State, Foreign Oper3 ations, and Related Programs Appropriations Act, 2012 

4 (division I of Public Law 112–74) shall continue in effect 

5 during fiscal year 2018. 

6 INTERNATIONAL FINANCIAL INSTITUTIONS

7 SEC. 7029. (a) EVALUATIONS AND REPORT.—The 

8 Secretary of the Treasury shall instruct the United States 

9 executive director of each international financial institu10 tion to seek to require that such institution adopts and 

11 implements a publicly available policy, including the stra12 tegic use of peer reviews and external experts, to conduct 

13 independent, in-depth evaluations of the effectiveness of 

14 at least 25 percent of all loans, grants, programs, and sig15 nificant analytical non-lending activities in advancing the 

16 institution’s goals of reducing poverty and promoting equi17 table economic growth, consistent with relevant safe18 guards, to ensure that decisions to support such loans, 

19 grants, programs, and activities are based on accurate 

20 data and objective analysis: Provided, That not later than 

21 45 days after enactment of this Act, the Secretary shall 

22 submit a report to the Committees on Appropriations on 

23 steps taken in fiscal year 2017 by the United States execu24 tive directors and the international financial institutions 
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1 consistent with this subsection compared to the previous 

2 fiscal year. 

3 (b) SAFEGUARDS.— 

4 (1) The Secretary of the Treasury shall instruct 

5 the United States Executive Director of the Inter6 national Bank for Reconstruction and Development 

7 and the International Development Association to 

8 vote against any loan, grant, policy, or strategy if 

9 such institution has adopted and is implementing 

10 any social or environmental safeguard relevant to 

11 such loan, grant, policy, or strategy that provides 

12 less protection than World Bank safeguards in effect 

13 on September 30, 2015. 

14 (2) The Secretary of the Treasury should in15 struct the United States executive director of each 

16 international financial institution to vote against 

17 loans or other financing for projects unless such 

18 projects— 

19 (A) provide for accountability and trans20 parency, including the collection, verification 

21 and publication of beneficial ownership informa22 tion related to extractive industries and on-site 

23 monitoring during the life of the project; 

24 (B) will be developed and carried out in ac25 cordance with best practices regarding environ-
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1 mental conservation; cultural protection; and 

2 empowerment of local populations, including 

3 free, prior and informed consent of affected in4 digenous communities; 

5 (C) do not provide incentives for, or facili6 tate, forced displacement; and 

7 (D) do not partner with or otherwise in8 volve enterprises owned or controlled by the 

9 armed forces. 

10 (c) COMPENSATION.—None of the funds appro11 priated under title V of this Act may be made as payment 

12 to any international financial institution while the United 

13 States executive director to such institution is com14 pensated by the institution at a rate which, together with 

15 whatever compensation such executive director receives 

16 from the United States, is in excess of the rate provided 

17 for an individual occupying a position at level IV of the 

18 Executive Schedule under section 5315 of title 5, United 

19 States Code, or while any alternate United States execu20 tive director to such institution is compensated by the in21 stitution at a rate in excess of the rate provided for an 

22 individual occupying a position at level V of the Executive 

23 Schedule under section 5316 of title 5, United States 

24 Code. 
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1 (d) HUMAN RIGHTS.—The Secretary of the Treasury 

2 shall instruct the United States executive director of each 

3 international financial institution to seek to require that 

4 such institution conducts rigorous human rights due dili5 gence and risk management, as appropriate, in connection 

6 with any loan, grant, policy, or strategy of such institu7 tion: Provided, That prior to voting on any such loan, 

8 grant, policy, or strategy the executive director shall con9 sult with the Assistant Secretary for Democracy, Human 

10 Rights, and Labor, Department of State, if the executive 

11 director has reason to believe that such loan, grant, policy, 

12 or strategy could result in forced displacement or other 

13 violation of human rights. 

14 (e) FRAUD AND CORRUPTION.—The Secretary of the 

15 Treasury shall instruct the United States executive direc16 tor of each international financial institution to promote 

17 in loan, grant, and other financing agreements improve18 ments in borrowing countries’ financial management and 

19 judicial capacity to investigate, prosecute, and punish 

20 fraud and corruption. 

21 (f) BENEFICIAL OWNERSHIP INFORMATION.—The 

22 Secretary of the Treasury shall instruct the United States 

23 executive director of each international financial institu24 tion to seek to require that such institution collects, 

25 verifies, and publishes, to the maximum extent practicable, 
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1 beneficial ownership information (excluding proprietary 

2 information) for any corporation or limited liability com3 pany, other than a publicly listed company, that receives 

4 funds from any such financial institution: Provided, That 

5 not later than 45 days after enactment of this Act, the 

6 Secretary shall submit a report to the Committees on Ap7 propriations on steps taken in fiscal year 2017 by the 

8 United States executive directors and the international fi9 nancial institutions consistent with this subsection com10 pared to the previous fiscal year. 

11 (g) WHISTLEBLOWER PROTECTIONS.—The Secretary 

12 of the Treasury shall instruct the United States executive 

13 director of each international financial institution to seek 

14 to require that each such institution is effectively imple15 menting and enforcing policies and procedures which re16 flect best practices for the protection of whistleblowers 

17 from retaliation, including best practices for— 

18 (1) protection against retaliation for internal 

19 and lawful public disclosure; 

20 (2) legal burdens of proof; 

21 (3) statutes of limitation for reporting retalia22 tion; 

23 (4) access to independent adjudicative bodies, 

24 including external arbitration; and 
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1 (5) results that eliminate the effects of proven 

2 retaliation. 

3 DEBT-FOR-DEVELOPMENT

4 SEC. 7030. In order to enhance the continued partici5 pation of nongovernmental organizations in debt-for-devel6 opment and debt-for-nature exchanges, a nongovern7 mental organization which is a grantee or contractor of 

8 the United States Agency for International Development 

9 may place in interest bearing accounts local currencies 

10 which accrue to that organization as a result of economic 

11 assistance provided under title III of this Act and, subject 

12 to the regular notification procedures of the Committees 

13 on Appropriations, any interest earned on such investment 

14 shall be used for the purpose for which the assistance was 

15 provided to that organization. 

16 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

17 SEC. 7031. (a) LIMITATION ON DIRECT GOVERN18 MENT-TO-GOVERNMENT ASSISTANCE.— 

19 (1) REQUIREMENTS.—Funds appropriated by 

20 this Act may be made available for direct govern21 ment-to-government assistance only if— 

22 (A)(i) each implementing agency or min23 istry to receive assistance has been assessed 

24 and is considered to have the systems required 

25 to manage such assistance and any identified 
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1 vulnerabilities or weaknesses of such agency or 

2 ministry have been addressed; 

3 (ii) the recipient agency or ministry em4 ploys and utilizes staff with the necessary tech5 nical, financial, and management capabilities; 

6 (iii) the recipient agency or ministry has 

7 adopted competitive procurement policies and 

8 systems; 

9 (iv) effective monitoring and evaluation 

10 systems are in place to ensure that such assist11 ance is used for its intended purposes; 

12 (v) no level of acceptable fraud is assumed; 

13 and 

14 (vi) the government of the recipient coun15 try is taking steps to publicly disclose on an an16 nual basis its national budget, to include in17 come and expenditures; 

18 (B) the recipient government is in compli19 ance with the principles set forth in section 

20 7013 of this Act; 

21 (C) the recipient agency or ministry is not 

22 headed or controlled by an organization des23 ignated as a foreign terrorist organization 

24 under section 219 of the Immigration and Na25 tionality Act (8 U.S.C. 1189); 
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1 (D) the Government of the United States 

2 and the government of the recipient country 

3 have agreed, in writing, on clear and achievable 

4 objectives for the use of such assistance, which 

5 should be made available on a cost-reimbursable 

6 basis; and 

7 (E) the recipient government is taking 

8 steps to protect the rights of civil society, in9 cluding freedoms of expression, association, and 

10 assembly. 

11 (2) CONSULTATION AND NOTIFICATION.—In 

12 addition to the requirements in paragraph (1), no 

13 funds may be made available for direct government14 to-government assistance without prior consultation 

15 with, and notification of, the Committees on Appro16 priations: Provided, That such notification shall con17 tain an explanation of how the proposed activity 

18 meets the requirements of paragraph (1): Provided 

19 further, That the requirements of this paragraph 

20 shall only apply to direct government-to-government 

21 assistance in excess of $10,000,000 and all funds 

22 available for cash transfer, budget support, and cash 

23 payments to individuals. 

24 (3) SUSPENSION OF ASSISTANCE.—The Admin25 istrator of the United States Agency for Inter-
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1 national Development or the Secretary of State, as 

2 appropriate, shall suspend any direct government-to3 government assistance if the Administrator or the 

4 Secretary has credible information of material mis5 use of such assistance, unless the Administrator or 

6 the Secretary reports to the Committees on Appro7 priations that it is in the national interest of the 

8 United States to continue such assistance, including 

9 a justification, or that such misuse has been appro10 priately addressed. 

11 (4) SUBMISSION OF INFORMATION.—The Sec12 retary of State shall submit to the Committees on 

13 Appropriations, concurrent with the fiscal year 2019 

14 congressional budget justification materials, amounts 

15 planned for assistance described in paragraph (1) by 

16 country, proposed funding amount, source of funds, 

17 and type of assistance. 

18 (5) REPORT.—Not later than 90 days after the 

19 enactment of this Act and every 6 months thereafter 

20 until September 30, 2019, the USAID Adminis21 trator shall submit to the Committees on Appropria22 tions a report that— 

23 (A) details all assistance described in para24 graph (1) provided during the previous 6-month 
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1 period by country, funding amount, source of 

2 funds, and type of such assistance; and 

3 (B) the type of procurement instrument or 

4 mechanism utilized and whether the assistance 

5 was provided on a reimbursable basis. 

6 (6) DEBT SERVICE PAYMENT PROHIBITION.— 

7 None of the funds made available by this Act may 

8 be used by the government of any foreign country 

9 for debt service payments owed by any country to 

10 any international financial institution: Provided, 

11 That for purposes of this paragraph, the term 

12 ‘‘international financial institution’’ has the meaning 

13 given the term in section 7034(r)(3) of this Act. 

14 (b) NATIONAL BUDGET AND CONTRACT TRANS15 PARENCY.— 

16 (1) MINIMUM REQUIREMENTS OF FISCAL

17 TRANSPARENCY.—The Secretary of State shall con18 tinue to update and strengthen the ‘‘minimum re19 quirements of fiscal transparency’’ for each govern20 ment receiving assistance appropriated by this Act, 

21 as identified in the report required by section 

22 7031(b) of the Department of State, Foreign Oper23 ations, and Related Programs Appropriations Act, 

24 2014 (division K of Public Law 113–76; 128 Stat. 

25 510). 
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1 (2) DEFINITION.—For purposes of paragraph 

2 (1), ‘‘minimum requirements of fiscal transparency’’ 

3 are requirements consistent with those in subsection 

4 (a)(1), and the public disclosure of national budget 

5 documentation (to include receipts and expenditures 

6 by ministry) and government contracts and licenses 

7 for natural resource extraction (to include bidding 

8 and concession allocation practices). 

9 (3) DETERMINATION AND REPORT.—For each 

10 government identified pursuant to paragraph (1), 

11 the Secretary of State, not later than 180 days after 

12 enactment of this Act, shall make or update any de13 termination of ‘‘significant progress’’ or ‘‘no signifi14 cant progress’’ in meeting the minimum require15 ments of fiscal transparency, and make such deter16 minations publicly available in an annual ‘‘Fiscal 

17 Transparency Report’’ to be posted on the Depart18 ment of State Web site: Provided, That the Sec19 retary shall identify the significant progress made by 

20 each such government to publicly disclose national 

21 budget documentation, contracts, and licenses which 

22 are additional to such information disclosed in pre23 vious fiscal years, and include specific recommenda24 tions of short- and long-term steps such government 

25 should take to improve fiscal transparency: Provided 
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1 further, That the annual report shall include a de2 tailed description of how funds appropriated by this 

3 Act are being used to improve fiscal transparency, 

4 and identify benchmarks for measuring progress. 

5 (4) ASSISTANCE.—Funds appropriated under 

6 title III of this Act shall be made available for pro7 grams and activities to assist governments identified 

8 pursuant to paragraph (1) to improve budget trans9 parency and to support civil society organizations in 

10 such countries that promote budget transparency: 

11 Provided, That such sums shall be in addition to 

12 funds otherwise available for such purposes: Pro13 vided further, That a description of the uses of such 

14 funds shall be included in the annual ‘‘Fiscal Trans15 parency Report’’ required by paragraph (3). 

16 (c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— 

17 (1)(A) INELIGIBILITY.—Officials of foreign gov18 ernments and their immediate family members about 

19 whom the Secretary of State has credible informa20 tion have been involved in significant corruption, in21 cluding corruption related to the extraction of nat22 ural resources, or a gross violation of human rights 

23 shall be ineligible for entry into the United States. 

24 (B) The Secretary shall also publicly or pri25 vately designate or identify officials of foreign gov-
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1 ernments and their immediate family members about 

2 whom the Secretary has such credible information 

3 without regard to whether the individual has applied 

4 for a visa. 

5 (2) EXCEPTION.—Individuals shall not be ineli6 gible if entry into the United States would further 

7 important United States law enforcement objectives 

8 or is necessary to permit the United States to fulfill 

9 its obligations under the United Nations Head10 quarters Agreement: Provided, That nothing in 

11 paragraph (1) shall be construed to derogate from 

12 United States Government obligations under applica13 ble international agreements. 

14 (3) WAIVER.—The Secretary may waive the ap15 plication of paragraph (1) with respect to an indi16 vidual if the Secretary determines that the waiver 

17 would serve a compelling national interest or that 

18 the circumstances which caused the individual to be 

19 ineligible have changed sufficiently. 

20 (4) REPORT.—Not later than 6 months after 

21 enactment of this Act, the Secretary of State shall 

22 submit a report, including a classified annex if nec23 essary, to the Committees on Appropriations and the 

24 Committees on the Judiciary describing the informa25 tion related to corruption or violation of human 
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1 rights concerning each of the individuals found ineli2 gible in the previous 12 months pursuant to para3 graph (1)(A) as well as the individuals who the Sec4 retary designated or identified pursuant to para5 graph (1)(B), or who would be ineligible but for the 

6 application of paragraph (2), a list of any waivers 

7 provided under paragraph (3), and the justification 

8 for each waiver. 

9 (5) POSTING OF REPORT.—Any unclassified 

10 portion of the report required under paragraph (4) 

11 shall be posted on the Department of State Web 

12 site. 

13 (6) CLARIFICATION.—For purposes of para14 graphs (1)(B), (4), and (5), the records of the De15 partment of State and of diplomatic and consular of16 fices of the United States pertaining to the issuance 

17 or refusal of visas or permits to enter the United 

18 States shall not be considered confidential. 

19 (d) NETWORKS OF CORRUPTION.—If the Secretary 

20 of State has credible information of networks of corruption 

21 involving the participation of, or support from, a senior 

22 official in a country that receives assistance funded by this 

23 Act under titles III or IV, the Secretary shall update the 

24 report on such networks required by section 7031(d) of 

25 the Department of State, Foreign Operations, and Related 
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1 Programs Appropriations Act, 2017 (division J of Public 

2 Law 115–31), which shall also include the information re3 quired under this section in the report accompanying this 

4 Act. 

5 (e) EXTRACTION OF NATURAL RESOURCES.— 

6 (1) ASSISTANCE.—Funds appropriated by this 

7 Act shall be made available to promote and support 

8 transparency and accountability of expenditures and 

9 revenues related to the extraction of natural re10 sources, including by strengthening implementation 

11 and monitoring of the Extractive Industries Trans12 parency Initiative, implementing and enforcing sec13 tion 8204 of the Food, Conservation, and Energy 

14 Act of 2008 (Public Law 110–246; 122 Stat. 2052) 

15 and the amendments made by such section, and to 

16 prevent the sale of conflict diamonds, and provide 

17 technical assistance to promote independent audit 

18 mechanisms and support civil society participation in 

19 natural resource management. 

20 (2) UNITED STATES POLICY.— 

21 (A) The Secretary of the Treasury shall in22 form the management of the international fi23 nancial institutions, and post on the Depart24 ment of the Treasury Web site, that it is the 

25 policy of the United States to vote against any 
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1 assistance by such institutions (including any 

2 loan, credit, grant, or guarantee) to any coun3 try for the extraction and export of a natural 

4 resource if the government of such country has 

5 in place laws, regulations, or procedures to pre6 vent or limit the public disclosure of company 

7 payments as required by United States law, and 

8 unless such government has adopted laws, regu9 lations, or procedures in the sector in which as10 sistance is being considered for— 

11 (i) accurately accounting for and pub12 lic disclosure of payments to the host gov13 ernment by companies involved in the ex14 traction and export of natural resources; 

15 (ii) the independent auditing of ac16 counts receiving such payments and public 

17 disclosure of the findings of such audits; 

18 and 

19 (iii) public disclosure of such docu20 ments as Host Government Agreements, 

21 Concession Agreements, and bidding docu22 ments, allowing in any such dissemination 

23 or disclosure for the redaction of, or excep24 tions for, information that is commercially 
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1 proprietary or that would create competi2 tive disadvantage. 

3 (B) The requirements of subparagraph (A) 

4 shall not apply to assistance for the purpose of 

5 building the capacity of such government to 

6 meet the requirements of this subparagraph. 

7 (f) FOREIGN ASSISTANCE WEB SITE.—Funds appro8 priated by this Act under titles I and II, and funds made 

9 available for any independent agency in title III, as appro10 priate, shall be made available to support the provision 

11 of additional information on United States Government 

12 foreign assistance on the Department of State foreign as13 sistance Web site: Provided, That all Federal departments 

14 and agencies funded under this Act shall provide such in15 formation on foreign assistance, upon request, to the De16 partment of State. 

17 DEMOCRACY PROGRAMS

18 SEC. 7032. (a) FUNDING.—Of the funds appro19 priated by this Act under the headings ‘‘Development As20 sistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy 

21 Fund’’, ‘‘Assistance for Europe, Eurasia and Central 

22 Asia’’, and ‘‘International Narcotics Control and Law En23 forcement’’, not less than $2,308,517,000 shall be made 

24 available for democracy programs. 
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1 (b) AUTHORITY.—Funds made available by this Act 

2 for democracy programs may be made available notwith3 standing any other provision of law, and with regard to 

4 the National Endowment for Democracy (NED), any reg5 ulation. 

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) PROGRAM PRIORITIZATION.—Funds made avail18 able pursuant to this section that are made available for 

19 programs to strengthen government institutions shall be 

20 prioritized for those institutions that demonstrate a com21 mitment to democracy and the rule of law, as determined 

22 by the Secretary of State or the USAID Administrator, 

23 as appropriate. 

24 (e) RESTRICTION ON PRIOR APPROVAL.—With re25 spect to the provision of assistance for democracy pro-
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1 grams in this Act, the organizations implementing such 

2 assistance, the specific nature of that assistance, and the 

3 participants in such programs shall not be subject to the 

4 prior approval by the government of any foreign country: 

5 Provided, That the Secretary of State, in coordination 

6 with the USAID Administrator, shall report to the Com7 mittees on Appropriations, not later than 120 days after 

8 enactment of this Act, detailing steps taken by the Depart9 ment of State and USAID to comply with the require10 ments of this subsection. 

11 (f) CONTINUATION OF CURRENT PRACTICES.— 

12 USAID shall continue to implement civil society and polit13 ical competition and consensus building programs abroad 

14 with funds appropriated by this Act in a manner that rec15 ognizes the unique benefits of grants and cooperative 

16 agreements in implementing such programs: Provided, 

17 That nothing in this paragraph shall be construed to af18 fect the ability of any entity, including United States small 

19 businesses, from competing for proposals for USAID20 funded civil society and political competition and con21 sensus building programs. 

22 (g) COUNTRY STRATEGY STRATEGIC REVIEWS.— 

23 Prior to the obligation of funds made available by this Act 

24 for Department of State and USAID democracy programs 

25 for a nondemocratic or democratic transitioning country 
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1 for which a country strategy has been concluded after the 

2 date of enactment of this Act, as required by section 

3 2111(c)(1) of the ADVANCE Democracy Act of 2007 

4 (title XXI of Public Law 110–53; 22 U.S.C. 8211) or 

5 similar provision of law or regulation, the Under Secretary 

6 for Civilian Security, Democracy and Human Rights, De7 partment of State, in consultation with the Assistant Sec8 retary for Democracy, Human Rights, and Labor, Depart9 ment of State, and the Assistant Administrator for De10 mocracy, Conflict, and Humanitarian Assistance, USAID, 

11 shall review such strategy to ensure that it includes— 

12 (1) specific goals and objectives for such pro13 gram, including a specific plan and timeline to meas14 ure impacts; 

15 (2) an assessment of the risks associated with 

16 the conduct of such program to intended bene17 ficiaries and implementers, including steps to sup18 port and protect such individuals; and 

19 (3) the funding requirements to initiate and 

20 sustain such program in fiscal year 2018 and subse21 quent fiscal years, as appropriate: 

22 Provided, That for the purposes of this subsection, the 

23 term ‘‘nondemocratic or democratic transitioning country’’ 

24 shall have the same meaning as in section 2104(6) of the 

25 ADVANCE Democracy Act of 2007. 
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1 (h) COMMUNICATION AND REPORT.— 

2 (1) INFORMING THE NATIONAL ENDOWMENT

3 FOR DEMOCRACY.—The Assistant Secretary for De4 mocracy, Human Rights, and Labor, Department of 

5 State, and the Assistant Administrator for Democ6 racy, Conflict, and Humanitarian Assistance, 

7 USAID, shall regularly inform the National Endow8 ment for Democracy of democracy programs that 

9 are planned and supported by funds made available 

10 by this Act and prior Acts making appropriations 

11 for the Department of State, foreign operations, and 

12 related programs. 

13 (2) REPORTS.— 

14 (A) FUNDING INSTRUMENTS.—Not later 

15 than September 30, 2018, the Secretary of 

16 State and USAID Administrator shall each 

17 submit to the Committees on Appropriations a 

18 report detailing the use of contracts, grants, 

19 and cooperative agreements in the conduct of 

20 democracy programs with funds made available 

21 by the Department of State, Foreign Oper22 ations, and Related Programs Act, 2017 (divi23 sion J of Public Law 115–31), which shall in24 clude funding level, account, program sector 

25 and subsector, and a brief summary of purpose. 
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1 (B) PROGRAM CHANGES.—The Secretary 

2 of State or the USAID Administrator, as ap3 propriate, shall report to the appropriate con4 gressional committees within 30 days of a deci5 sion to significantly change the objectives or the 

6 content of a democracy program or to close 

7 such a program due to the increasingly repres8 sive nature of the host country government: 

9 Provided, That the report shall also include a 

10 strategy for continuing support for democracy 

11 promotion, if such programming is feasible, and 

12 may be submitted in classified form, if nec13 essary. 

14 (i) TRANSPARENCY.—The USAID Administrator 

15 shall publish on the USAID Web site the justification for 

16 the choice of instrument for each democracy program 

17 funded by this Act that exceeds $2,000,000. 

18 (j) PROTECTION OF CIVIL SOCIETY ACTIVISTS.— 

19 (1) IN GENERAL.—Of the funds appropriated 

20 by this Act under the headings ‘‘Economic Support 

21 Fund’’ and ‘‘International Narcotics Control and 

22 Law Enforcement’’, not less than $15,000,000 shall 

23 be made available to implement a United States 

24 inter-agency strategy to support and protect civil so25 ciety activists, including human rights and environ-
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1 mental defenders and independent journalists, in 

2 countries where such activists have been threatened 

3 and killed for peacefully exercising their rights of 

4 free expression, association, and assembly. 

5 (2) RESPONSIBILITY.—The inter-agency strat6 egy described in paragraph (1) shall be developed 

7 and implemented by the Assistant Secretary for De8 mocracy, Human Rights, and Labor (DRL), Depart9 ment of State, in coordination with the relevant bu10 reaus and offices of the Department of State and 

11 USAID. 

12 (3) GUIDANCE AND CONSULTATION.—Funds 

13 made available pursuant to paragraph (1) shall be 

14 made available in accordance with the guidance 

15 under this section in the report accompanying the 

16 Act, and following consultation with the Committees 

17 on Appropriations. 

18 (4) CLARIFICATION.—Funds made available 

19 pursuant to paragraph (1) shall be administered by 

20 DRL and are in addition to amounts otherwise made 

21 available for such purposes. 

22 INTERNATIONAL RELIGIOUS FREEDOM

23 SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREE24 DOM OFFICE AND SPECIAL ENVOY TO PROMOTE RELI25 GIOUS FREEDOM.— 
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1 (1) OPERATIONS.—Of the funds appropriated 

2 by this Act under the heading ‘‘Diplomatic and Con3 sular Programs’’, not less than $8,000,000 shall be 

4 made available for the Office of International Reli5 gious Freedom, Bureau of Democracy, Human 

6 Rights, and Labor, Department of State, of which 

7 not less than $6,000,000 shall be made available for 

8 the Office of the Ambassador-at-Large for Inter9 national Religious Freedom, and not less than 

10 $2,000,000 shall be made available for the Special 

11 Envoy to Promote Religious Freedom of Religious 

12 Minorities in the Near East and South Central Asia, 

13 as authorized in the Near East and South Central 

14 Asia Religious Freedom Act of 2014 (Public Law 

15 113–161), including for support staff. 

16 (2) CURRICULUM.—Funds appropriated under 

17 the heading ‘‘Diplomatic and Consular Programs’’ 

18 and designated for the Office of International Reli19 gious Freedom shall be made available for the devel20 opment and implementation of an international reli21 gious freedom curriculum in accordance with section 

22 708(a)(2) of the Foreign Service Act of 1980 (22 

23 U.S.C. 4028(a)(2)). 

24 (b) ASSISTANCE.— 
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1 (1) INTERNATIONAL RELIGIOUS FREEDOM PRO2 GRAMS.—Of the funds appropriated by this Act 

3 under the heading ‘‘Democracy Fund’’ and available 

4 for the Human Rights and Democracy Fund, not 

5 less than $10,000,000 shall be made available for 

6 international religious freedom programs: Provided, 

7 That the Ambassador-at-Large for International Re8 ligious Freedom shall consult with the Committees 

9 on Appropriations on the uses of such funds. 

10 (2) PROTECTION AND INVESTIGATION PRO11 GRAMS.—Of the funds appropriated by this Act 

12 under the heading ‘‘Economic Support Fund’’, not 

13 less than $10,000,000 shall be made available for 

14 programs to protect vulnerable and persecuted reli15 gious minorities: Provided, That a portion of such 

16 funds shall be made available for programs to inves17 tigate the persecution of such minorities by govern18 ments and non-state actors and for the public dis19 semination of information collected on such persecu20 tion, including on the Department of State Web site. 

21 (3) HUMANITARIAN PROGRAMS.—Funds appro22 priated by this Act under the headings ‘‘Inter23 national Disaster Assistance’’ and ‘‘Migration and 

24 Refugee Assistance’’ shall be made available for hu25 manitarian assistance for vulnerable and persecuted 
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1 religious minorities, including victims of genocide 

2 designated by the Secretary of State and other 

3 groups that have suffered crimes against humanity 

4 and ethnic cleansing, to— 

5 (A) facilitate the implementation of an im6 mediate, coordinated, and sustained response to 

7 provide humanitarian assistance; 

8 (B) enhance protection of conflict victims, 

9 including those facing a dire humanitarian cri10 sis and severe persecution because of their faith 

11 or ethnicity; and 

12 (C) improve access to secure locations for 

13 obtaining humanitarian and resettlement serv14 ices. 

15 (4) TRANSITIONAL JUSTICE, RECONCILIATION, 

16 AND REINTEGRATION PROGRAMS.—Of the funds ap17 propriated by this Act under the heading ‘‘Inter18 national Narcotics Control and Law Enforcement’’ 

19 that are made available for the Relief and Recovery 

20 Fund, not less than $5,000,000 shall be made avail21 able to support transitional justice, reconciliation, 

22 and reintegration programs for vulnerable and per23 secuted religious minorities, including in the Middle 

24 East and North Africa regions: Provided, That such 

25 funds shall be matched, to the maximum extent 
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1 practicable, from sources other than the United 

2 States Government. 

3 (5) RESPONSIBILITY OF FUNDS.—Funds made 

4 available by paragraphs (1), (2), and (4) shall be the 

5 responsibility of the Ambassador-at-Large for Inter6 national Religious Freedom, in consultation with 

7 other relevant United States Government officials. 

8 (c) INTERNATIONAL BROADCASTING.—Funds appro9 priated by this Act under the heading ‘‘Broadcasting 

10 Board of Governors, International Broadcasting Oper11 ations’’ shall be made available for programs related to 

12 international religious freedom, including reporting on the 

13 condition of vulnerable and persecuted religious groups. 

14 (d) ATROCITIES PREVENTION.—Of the funds appro15 priated by this Act under the headings ‘‘Economic Sup16 port Fund’’ and ‘‘International Narcotics Control and 

17 Law Enforcement’’, not less than $5,000,000 shall be 

18 made available for programs to prevent atrocities and to 

19 implement the recommendations of the Atrocities Preven20 tion Board, including with respect to the evaluation re21 quired by section 7033(d) of the Department of State, 

22 Foreign Operations, and Related Programs Appropria23 tions Act, 2016 (division K of Public Law 114–113): Pro24 vided, That the Under Secretary for Civilian Security, De25 mocracy, and Human Rights, Department of State, shall 
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1 be responsible for providing the strategic policy direction 

2 for, and policy oversight of, funds made available pursuant 

3 to this subsection to the Bureaus of International Nar4 cotics Control and Law Enforcement and Democracy, 

5 Human Rights, and Labor, Department of State: Provided 

6 further, That such funds shall be subject to the regular 

7 notification procedures of the Committees on Appropria8 tions. 

9 (e) DESIGNATION OF NON-STATE ACTORS.—The 

10 President shall, concurrent with the annual foreign coun11 try review required by section 402(b)(1) of the Inter12 national Religious Freedom Act of 1998 (22 U.S.C. 

13 6442(b)(1)), review and identify any non-state actors in 

14 such countries that have engaged in particularly severe 

15 violations of religious freedom, and designate, in a manner 

16 consistent with such Act, each such group as a non-state 

17 actor of particular concern for religious freedom operating 

18 in such reviewed country or surrounding region: Provided, 

19 That whenever the President designates such a non-state 

20 actor under this subsection, the President shall, as soon 

21 as practicable after the designation is made, submit a re22 port to the appropriate congressional committees detailing 

23 the reasons for such designation. 
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1 (f) FUNDING CLARIFICATION.—Funds made avail2 able pursuant to subsections (b) and (d) are in addition 

3 to amounts otherwise made available for such purposes. 

4 SPECIAL PROVISIONS

5 SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHIL6 DREN, AND DISPLACED BURMESE.—Funds appropriated 

7 in titles III and VI of this Act that are made available 

8 for victims of war, displaced children, displaced Burmese, 

9 and to combat trafficking in persons and assist victims 

10 of such trafficking, may be made available notwith11 standing any other provision of law. 

12 (b) LAW ENFORCEMENT AND SECURITY.— 

13 (1) CHILD SOLDIERS.—Funds appropriated by 

14 this Act should not be used to support any military 

15 training or operations that include child soldiers. 

16 (2) CROWD CONTROL ITEMS.—Funds appro17 priated by this Act should not be used for tear gas, 

18 small arms, light weapons, ammunition, or other 

19 items for crowd control purposes for foreign security 

20 forces that use excessive force to repress peaceful ex21 pression, association, or assembly in countries un22 dergoing democratic transition. 

23 (3) DISARMAMENT, DEMOBILIZATION, AND RE24 INTEGRATION.—Section 7034(d) of the Department 

25 of State, Foreign Operations, and Related Programs 
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1 Appropriations Act, 2015 (division J of Public Law 

2 113–235) shall continue in effect during fiscal year 

3 2018. 

4 (4) FORENSIC ASSISTANCE.— 

5 (A) Of the funds appropriated by this Act 

6 under the heading ‘‘Economic Support Fund’’, 

7 not less than $10,000,000, in addition to other 

8 funds in this Act and prior Acts making appro9 priations for the Department of State, foreign 

10 operations, and related programs that are avail11 able for assistance for countries, shall be made 

12 available for forensic anthropology assistance 

13 related to the exhumation of mass graves and 

14 the identification of victims of war crimes, 

15 genocide, and crimes against humanity, which 

16 shall be administered by the Assistant Secretary 

17 for Democracy, Human Rights, and Labor, De18 partment of State. 

19 (B) Of the funds appropriated by this Act 

20 under the heading ‘‘International Narcotics 

21 Control and Law Enforcement’’, up to 

22 $1,000,000 may be made available for DNA as23 sistance to combat human trafficking in Central 

24 America and Mexico. 
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1 (5) INTERNATIONAL PRISON CONDITIONS.— 

2 Section 7065 of the Department of State, Foreign 

3 Operations, and Related Programs Appropriations 

4 Act, 2015 (division J of Public Law 113–235) shall 

5 continue in effect during fiscal year 2018. 

6 (6) RECONSTITUTING CIVILIAN POLICE AU7 THORITY.—In providing assistance with funds ap8 propriated by this Act under section 660(b)(6) of 

9 the Foreign Assistance Act of 1961, support for a 

10 nation emerging from instability may be deemed to 

11 mean support for regional, district, municipal, or 

12 other sub-national entity emerging from instability, 

13 as well as a nation emerging from instability. 

14 (7) SECURITY ASSISTANCE REPORT.—Not later 

15 than 120 days after enactment of this Act, the Sec16 retary of State shall submit to the Committees on 

17 Appropriations a report on funds obligated and ex18 pended during fiscal year 2017, by country and pur19 pose of assistance, under the headings ‘‘Peace20 keeping Operations’’, ‘‘International Military Edu21 cation and Training’’, and ‘‘Foreign Military Fi22 nancing Program’’. 

23 (8) VETTING REPORT.— 

24 (A) IN GENERAL.—Not later than 90 days 

25 after enactment of this Act, the Secretary of 
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1 State shall submit a report to the appropriate 

2 congressional committees on foreign assistance 

3 cases submitted for vetting for purposes of sec4 tion 620M of the Foreign Assistance Act of 

5 1961 during the preceding fiscal year, includ6 ing— 

7 (i) the total number of cases sub8 mitted, approved, suspended, or rejected 

9 for human rights reasons; and 

10 (ii) for cases rejected, a description of 

11 the steps taken to assist the foreign gov12 ernment in taking effective measures to 

13 bring the responsible members of the secu14 rity forces to justice, in accordance with 

15 section 620M(c) of the Foreign Assistance 

16 Act of 1961. 

17 (B) FORM.—The report required by this 

18 paragraph shall be submitted in unclassified 

19 form, but may be accompanied by a classified 

20 annex. 

21 (9) ANNUAL FOREIGN MILITARY TRAINING RE22 PORT.—For the purposes of implementing section 

23 656 of the Foreign Assistance Act of 1961, the term 

24 ‘‘military training provided to foreign military per25 sonnel by the Department of Defense and the De-
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1 partment of State’’ shall be deemed to include all 

2 military training provided by foreign governments 

3 with funds appropriated to the Department of De4 fense or the Department of State, except for train5 ing provided by the government of a country des6 ignated by section 517(b) of such Act as a major 

7 non-NATO ally. 

8 (10) ASSISTANCE TO ELIMINATE TORTURE.— 

9 Funds appropriated under titles III and IV of this 

10 Act shall be made available, notwithstanding section 

11 660 of the Foreign Assistance Act of 1961 and fol12 lowing consultation with the Committees on Appro13 priations, for assistance to eliminate torture by for14 eign police, military or other security forces in coun15 tries receiving assistance from funds appropriated by 

16 this Act. 

17 (11) COMBAT CASUALTY CARE.—Funds appro18 priated by this Act under the headings ‘‘Peace19 keeping Operations’’ and ‘‘Foreign Military Financ20 ing Program’’ that are made available for lethal as21 sistance, including to combat extremism, shall also 

22 be made available for combat casualty care training 

23 and equipment, except that such training and equip24 ment shall meet the standards set forth by the 

25 United States military. 
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1 (12) GLOBAL SECURITY CONTINGENCY FUND.— 

2 Of the funds appropriated by this Act under the 

3 headings ‘‘International Narcotics Control and Law 

4 Enforcement’’, ‘‘Peacekeeping Operations’’, and 

5 ‘‘Foreign Military Financing Program’’, up to 

6 $10,000,000 may be transferred to, and merged 

7 with, funds previously made available under the 

8 heading ‘‘Global Security Contingency Fund’’. 

9 (13) WITHHOLDING OF ASSISTANCE.—The Sec10 retary of State shall withhold funds appropriated by 

11 this Act and prior Acts making appropriations for 

12 the Department of State, foreign operations, and re13 lated programs that are made available for assist14 ance for the central government of a country if the 

15 Secretary determines and reports to the Committees 

16 on Appropriations that such government has en17 gaged in, planned, or facilitated unconventional at18 tacks against United States Government personnel 

19 stationed or traveling abroad, including through the 

20 use of acoustic technology. 

21 (c) WORLD FOOD PROGRAMME.— 

22 (1) CONTRIBUTION.—Funds managed by the 

23 Bureau for Democracy, Conflict, and Humanitarian 

24 Assistance, United States Agency for International 

25 Development, from this or any other Act, may be 
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1 made available as a general contribution to the 

2 World Food Programme, notwithstanding any other 

3 provision of law. 

4 (2) PROGRAM TO LEVERAGE ADDITIONAL CON5 TRIBUTIONS.—Funds appropriated by this Act shall 

6 be made available to leverage additional contribu7 tions for the World Food Programme from sources 

8 other than the United States Government: Provided, 

9 That the Secretary of State shall consult with the 

10 Committees on Appropriations prior to obligating 

11 funds for such purpose. 

12 (d) DIRECTIVES AND AUTHORITIES.— 

13 (1) RESEARCH AND TRAINING.—Funds appro14 priated by this Act under the heading ‘‘Assistance 

15 for Europe, Eurasia and Central Asia’’ shall be 

16 made available to carry out the Program for Re17 search and Training on Eastern Europe and the 

18 Independent States of the Former Soviet Union as 

19 authorized by the Soviet-Eastern European Research 

20 and Training Act of 1983 (22 U.S.C. 4501 et seq.). 

21 (2) GENOCIDE VICTIMS MEMORIAL SITES.— 

22 Funds appropriated by this Act and prior Acts mak23 ing appropriations for the Department of State, for24 eign operations, and related programs under the 

25 headings ‘‘Economic Support Fund’’ and ‘‘Assist-
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1 ance for Europe, Eurasia and Central Asia’’ may be 

2 made available as contributions to establish and 

3 maintain memorial sites of genocide, subject to the 

4 regular notification procedures of the Committees on 

5 Appropriations. 

6 (3) ADDITIONAL AUTHORITIES.—Of the 

7 amounts made available by title I of this Act under 

8 the heading ‘‘Diplomatic and Consular Programs’’, 

9 up to $500,000 may be made available for grants 

10 pursuant to section 504 of the Foreign Relations 

11 Authorization Act, Fiscal Year 1979 (22 U.S.C. 

12 2656d), including to facilitate collaboration with in13 digenous communities, and up to $1,000,000 may be 

14 made available for grants to carry out the activities 

15 of the Cultural Antiquities Task Force. 

16 (4) INNOVATION.—The USAID Administrator 

17 may use funds appropriated by this Act under title 

18 III to make innovation incentive awards: Provided, 

19 That each individual award may not exceed 

20 $100,000: Provided further, That no more than 10 

21 such awards may be made during fiscal year 2018: 

22 Provided further, That for purposes of this para23 graph the term ‘‘innovation incentive award’’ means 

24 the provision of funding on a competitive basis 

25 that— 
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1 (A) encourages and rewards the develop2 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 par7 ties. 

8 (5) EXCHANGE VISITOR PROGRAM.—None of 

9 the funds made available by this Act may be used 

10 to modify the Exchange Visitor Program adminis11 tered by the Department of State to implement the 

12 Mutual Educational and Cultural Exchange Act of 

13 1961, as amended, (Public Law 87–256; 22 U.S.C. 

14 2451 et seq.), except through the formal rulemaking 

15 process pursuant to the Administrative Procedures 

16 Act and notwithstanding the exceptions to such rule17 making process in such Act: Provided, That funds 

18 made available for such purpose shall only be made 

19 available after consultation with, and subject to the 

20 regular notification procedures of, the Committees 

21 on Appropriations, regarding how any proposed 

22 modification would affect the public diplomacy goals 

23 of, and the estimated economic impact on, the 

24 United States. 
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1 (e) PARTNER VETTING.—The Secretary of State and 

2 USAID Administrator may initiate a partner vetting pro3 gram to mitigate the risk of diversion of foreign assist4 ance, or make significant modifications to any existing 

5 partner vetting program, only following consultation with 

6 the Committees on Appropriations: Provided, That the 

7 Secretary and Administrator should provide a direct vet8 ting option for prime awardees in any partner vetting pro9 gram initiated after the date of the enactment of this Act. 

10 (f) CONTINGENCIES.—During fiscal year 2018, the 

11 President may use up to $125,000,000 under the author12 ity of section 451 of the Foreign Assistance Act of 1961, 

13 notwithstanding any other provision of law. 

14 (g) INTERNATIONAL CHILD ABDUCTIONS.—The Sec15 retary of State should withhold funds appropriated under 

16 title III of this Act for assistance for the central govern17 ment of any country that is not taking appropriate steps 

18 to comply with the Convention on the Civil Aspects of 

19 International Child Abductions, done at the Hague on Oc20 tober 25, 1980: Provided, That the Secretary shall report 

21 to the Committees on Appropriations within 15 days of 

22 withholding funds under this subsection. 

23 (h) CULTURAL PRESERVATION PROJECT DETER24 MINATION.—None of the funds appropriated in titles I and 

25 III of this Act may be used for the preservation of reli-
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1 gious sites unless the Secretary of State or the USAID 

2 Administrator, as appropriate, determines and reports to 

3 the Committees on Appropriations that such sites are his4 torically, artistically, or culturally significant, that the 

5 purpose of the project is neither to advance nor to inhibit 

6 the free exercise of religion, and that the project is in the 

7 national interest of the United States. 

8 (i) TRANSFER OF FUNDS FOR EXTRAORDINARY PRO9 TECTION.—The Secretary of State may transfer to, and 

10 merge with, funds under the heading ‘‘Protection of For11 eign Missions and Officials’’ unobligated balances of ex12 pired funds appropriated under the heading ‘‘Diplomatic 

13 and Consular Programs’’ for fiscal year 2018, except for 

14 funds designated for Overseas Contingency Operations/ 

15 Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985, at no later than the end of 

18 the fifth fiscal year after the last fiscal year for which such 

19 funds are available for the purposes for which appro20 priated: Provided, That not more than $50,000,000 may 

21 be transferred. 

22 (j) AUTHORITY TO COUNTER EXTREMISM.—Funds 

23 made available by this Act under the heading ‘‘Economic 

24 Support Fund’’ to counter extremism may be made avail25 able notwithstanding any other provision of law restricting 
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1 assistance to foreign countries, except sections 502B and 

2 620A of the Foreign Assistance Act of 1961: Provided, 

3 That the Secretary of State, or the USAID Administrator, 

4 as appropriate, shall consult with the Committees on Ap5 propriations prior to exercising the authority of this sub6 section. 

7 (k) PROTECTIONS AND REMEDIES FOR EMPLOYEES

8 OF DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANI9 ZATIONS.—Section 7034(k) of the Department of State, 

10 Foreign Operations, and Related Programs Appropria11 tions Act, 2015 (division J of Public Law 113–235) shall 

12 continue in effect during fiscal year 2018. 

13 (l) EXTENSION OF AUTHORITIES.— 

14 (1) PASSPORT FEES.—Section 1(b)(2) of the 

15 Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) 

16 shall be applied by substituting ‘‘September 30, 

17 2018’’ for ‘‘September 30, 2010’’. 

18 (2) INCENTIVES FOR CRITICAL POSTS.—The 

19 authority contained in section 1115(d) of the Sup20 plemental Appropriations Act, 2009 (Public Law 

21 111–32; 123 Stat. 1906) shall remain in effect 

22 through September 30, 2018. 

23 (3) USAID CIVIL SERVICE ANNUITANT WAIV24 ER.—Section 625(j)(1) of the Foreign Assistance 

25 Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied 
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1 by substituting ‘‘September 30, 2018’’ for ‘‘October 

2 1, 2010’’ in subparagraph (B). 

3 (4) OVERSEAS PAY COMPARABILITY AND LIMI4 TATION.— 

5 (A) Subject to the limitation described in 

6 subparagraph (B), the authority provided by 

7 section 1113 of the Supplemental Appropria8 tions Act, 2009 (Public Law 111–32; 123 Stat. 

9 1904) shall remain in effect through September 

10 30, 2018. 

11 (B) The authority described in subpara12 graph (A) may not be used to pay an eligible 

13 member of the Foreign Service (as defined in 

14 section 1113(b) of the Supplemental Appropria15 tions Act, 2009 (Public Law 111–32; 123 Stat. 

16 1905)) a locality-based comparability payment 

17 (stated as a percentage) that exceeds two-thirds 

18 of the amount of the locality-based com19 parability payment (stated as a percentage) 

20 that would be payable to such member under 

21 section 5304 of title 5, United States Code, if 

22 such member’s official duty station were in the 

23 District of Columbia. 

24 (5) CATEGORICAL ELIGIBILITY.—The Foreign 

25 Operations, Export Financing, and Related Pro-
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1 grams Appropriations Act, 1990 (Public Law 101– 

2 167) is amended— 

3 (A) in section 599D (8 U.S.C. 1157 

4 note)— 

5 (i) in subsection (b)(3), by striking 

6 ‘‘and 2017’’ and inserting ‘‘2017, and 

7 2018’’; and 

8 (ii) in subsection (e), by striking 

9 ‘‘2017’’ each place it appears and inserting 

10 ‘‘2018’’; and 

11 (B) in section 599E (8 U.S.C. 1255 note) 

12 in subsection (b)(2), by striking ‘‘2017’’ and in13 serting ‘‘2018’’. 

14 (6) INSPECTOR GENERAL ANNUITANT WAIV15 ER.—The authorities provided in section 1015(b) of 

16 the Supplemental Appropriations Act, 2010 (Public 

17 Law 111–212; 124 Stat. 2332) shall remain in ef18 fect through September 30, 2018. 

19 (7) EXTENSION OF WAR RESERVES STOCKPILE

20 AUTHORITY.— 

21 (A) Section 12001(d) of the Department of 

22 Defense Appropriations Act, 2005 (Public Law 

23 108–287; 118 Stat. 1011) is amended by strik24 ing ‘‘2018’’ and inserting ‘‘2019’’. 
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1 (B) Section 514(b)(2)(A) of the Foreign 

2 Assistance Act of 1961 (22 U.S.C. 

3 2321h(b)(2)(A)) is amended by striking ‘‘and 

4 2018’’ and inserting ‘‘2018, and 2019’’. 

5 (m) MONITORING AND EVALUATION.—Funds appro6 priated by this Act that are available for monitoring and 

7 evaluation of assistance under the headings ‘‘Development 

8 Assistance’’, ‘‘International Disaster Assistance’’ and 

9 ‘‘Migration and Refugee Assistance’’ shall, as appropriate, 

10 be made available for the regular collection of feedback 

11 obtained directly from beneficiaries on the quality and rel12 evance of such assistance: Provided, That the Department 

13 of State and USAID shall, as appropriate, require imple14 menting partners that receive funds under such headings 

15 to establish procedures for regularly collecting and re16 sponding to such feedback, inform the Department of 

17 State and USAID of such procedures, and report to the 

18 Department of State and USAID on actions taken in re19 sponse to the feedback received: Provided further, That the 

20 Department of State and USAID shall conduct regular 

21 oversight to ensure that such feedback is collected and 

22 used by implementing partners to maximize the cost-effec23 tiveness and utility of such assistance. 

24 (n) HIV/AIDS WORKING CAPITAL FUND.—Funds 

25 available in the HIV/AIDS Working Capital Fund estab-
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1 lished pursuant to section 525(b)(1) of the Foreign Oper2 ations, Export Financing, and Related Programs Appro3 priations Act, 2005 (Public Law 108–447) may be made 

4 available for pharmaceuticals and other products for other 

5 global health and child survival activities to the same ex6 tent as HIV/AIDS pharmaceuticals and other products, 

7 subject to the terms and conditions in such section: Pro8 vided, That the authority in section 525(b)(5) of the For9 eign Operations, Export Financing, and Related Programs 

10 Appropriation Act, 2005 (Public Law 108–447) shall be 

11 exercised by the Assistant Administrator for Global 

12 Health, USAID, with respect to funds deposited for such 

13 non-HIV/AIDS pharmaceuticals and other products, and 

14 shall be subject to the regular notification procedures of 

15 the Committees on Appropriations: Provided further, That 

16 the Secretary of State shall include in the congressional 

17 budget justification an accounting of budgetary resources, 

18 disbursements, balances, and reimbursements related to 

19 such fund. 

20 (o) LOANS AND ENTERPRISE FUNDS.— 

21 (1) LOAN GUARANTEES.—Funds appropriated 

22 under the headings ‘‘Economic Support Fund’’ and 

23 ‘‘Assistance for Europe, Eurasia and Central Asia’’ 

24 by this Act and prior Acts making appropriations 

25 for the Department of State, foreign operations, and 
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1 related programs may be made available for the 

2 costs, as defined in section 502 of the Congressional 

3 Budget Act of 1974, of loan guarantees for Egypt, 

4 Jordan, Iraq, Tunisia, and Ukraine, which are au5 thorized to be provided: Provided, That amounts 

6 made available under this paragraph for the costs of 

7 such guarantees shall not be considered assistance 

8 for the purposes of provisions of law limiting assist9 ance to a country. 

10 (2) ENTERPRISE FUNDS.—Funds appropriated 

11 under the heading ‘‘Economic Support Fund’’ in 

12 this Act may be made available to establish and op13 erate one or more enterprise funds for Egypt and 

14 Tunisia: Provided, That the first, third and fifth 

15 provisos under section 7041(b) of the Department of 

16 State, Foreign Operations, and Related Programs 

17 Appropriations Act, 2012 (division I of Public Law 

18 112–74; 125 Stat. 1223) shall apply to funds appro19 priated by this Act under the heading ‘‘Economic 

20 Support Fund’’ for an enterprise fund or funds to 

21 the same extent and in the same manner as such 

22 provision of law applied to funds made available 

23 under such section (except that the clause excluding 

24 subsection (d)(3) of section 201 of the SEED Act 

25 shall not apply): Provided further, That in addition 
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1 to the previous proviso, the authorities in the matter 

2 preceding the first proviso of such section may apply 

3 to any such enterprise fund or funds: Provided fur4 ther, That the authority of any such enterprise fund 

5 or funds to provide assistance shall cease to be effec6 tive on December 31, 2028. 

7 (3) DESIGNATION REQUIREMENT.—Funds 

8 made available pursuant to paragraph (1) from prior 

9 Acts making appropriations for the Department of 

10 State, foreign operations, and related programs that 

11 were previously designated by the Congress for Over12 seas Contingency Operations/Global War on Ter13 rorism pursuant to section 251(b)(2)(A)(ii) of the 

14 Balanced Budget and Emergency Deficit Control 

15 Act of 1985 are designated by the Congress for 

16 Overseas Contingency Operations/Global War on 

17 Terrorism pursuant to section 251(b)(2)(A)(ii) of 

18 such Act. 

19 (4) CONSULTATION AND NOTIFICATION.— 

20 Funds made available pursuant to the authorities of 

21 this subsection shall be subject to prior consultation 

22 with the appropriate congressional committees, and 

23 subject to the regular notification procedures of the 

24 Committees on Appropriations. 

25 (p) LOCAL SUSTAINABILITY AWARDS PROGRAM.— 
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1 (1) Of the funds appropriated by this Act under 

2 the headings ‘‘Development Assistance’’, ‘‘Economic 

3 Support Fund’’, and ‘‘Assistance for Europe, Eur4 asia and Central Asia’’, not less than $47,000,000 

5 shall be made available for the Local Sustainability 

6 Awards Program pursuant to section 7080 of the 

7 Department of State, Foreign Operations, and Re8 lated Programs Appropriations Act, 2015 (22 

9 U.S.C. 2151i), which may remain available until 

10 September 30, 2022. 

11 (2) For the purposes of section 7080 of the De12 partment of State, Foreign Operations, and Related 

13 Programs Appropriations Act 2015 (22 U.S.C. 

14 2151i), ‘‘eligible entities’’ shall be defined as small 

15 local, international, and United States-based non16 governmental organizations, educational institutions, 

17 and other small entities that have received less than 

18 a total of $5,000,000 from USAID over the previous 

19 5 fiscal years: Provided, That departments or cen20 ters of such educational institutions may be consid21 ered individually in determining such eligibility. 

22 (3) The ‘‘Small Grants Program’’ established 

23 pursuant to section 7080 of the Department of 

24 State, Foreign Operations, and Related Programs 

25 Appropriations Act, 2015 (22 U.S.C. 2151i) shall 
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1 hereafter be referred to as the ‘‘Local Sustainability 

2 Awards Program’’. 

3 (q) DEPARTMENT OF STATE INSPECTOR GENERAL

4 WAIVER AUTHORITY.—Section 209 of the Foreign Service 

5 Act of 1980 (22 U.S.C. 3929) is amended by adding at 

6 the end the following new subsection: 

7 ‘‘(h) WAIVER OF ANNUITY LIMITATIONS FOR CER8 TAIN REHIRED FOREIGN SERVICE ANNUITANTS.— 

9 ‘‘(1) The Inspector General shall have the au10 thority to waive the provisions of subsections (a) 

11 through (d) of section 824(a) (22 U.S.C. 4064(a)) 

12 on a case-by-case basis for an annuitant reemployed 

13 by the Inspector General on a temporary basis— 

14 ‘‘(A) if, and for so long as, such waiver is 

15 necessary due to an emergency involving a di16 rect threat to life or property or other unusual 

17 circumstances; or 

18 ‘‘(B) if the annuitant is employed in a po19 sition for which there is exceptional difficulty in 

20 recruiting or retaining a qualified employee. 

21 ‘‘(2) The Inspector General should prescribe 

22 procedures for the exercise of any authority under 

23 paragraph (1)(B), including criteria for any exercise 

24 of authority and procedures for a delegation of au25 thority. 
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1 ‘‘(3) A reemployed annuitant as to whom a 

2 waiver under this subsection is in effect shall not be 

3 considered a participant for the purposes of sub4 chapter I or II of chapter 8 of the Foreign Service 

5 Act of 1980 (22 U.S.C. 4041 et seq., 4071 et seq.), 

6 or an employee for purposes of chapter 83 or 84 of 

7 title 5.’’. 

8 (r) DEFINITIONS.— 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—Unless otherwise defined in this Act, for 

11 purposes of this Act the term ‘‘appropriate congres12 sional committees’’ means the Committees on Appro13 priations and Foreign Relations of the Senate and 

14 the Committees on Appropriations and Foreign Af15 fairs of the House of Representatives. 

16 (2) FUNDS APPROPRIATED BY THIS ACT AND

17 PRIOR ACTS.—Unless otherwise defined in this Act, 

18 for purposes of this Act the term ‘‘funds appro19 priated by this Act and prior Acts making appro20 priations for the Department of State, foreign oper21 ations, and related programs’’ means funds that re22 main available for obligation, and have not expired. 

23 (3) INTERNATIONAL FINANCIAL INSTITU24 TIONS.—In this Act ‘‘international financial institu25 tions’’ means the International Bank for Recon-
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1 struction and Development, the International Devel2 opment Association, the International Finance Cor3 poration, the Inter-American Development Bank, the 

4 International Monetary Fund, the Asian Develop5 ment Bank, the Asian Development Fund, the Inter6 American Investment Corporation, the North Amer7 ican Development Bank, the European Bank for Re8 construction and Development, the African Develop9 ment Bank, the African Development Fund, and the 

10 Multilateral Investment Guarantee Agency. 

11 (4) SOUTHERN KORDOFAN REFERENCE.—Any 

12 reference to Southern Kordofan in this or any other 

13 Act making appropriations for the Department of 

14 State, foreign operations, and related programs shall 

15 be deemed to include portions of Western Kordofan 

16 that were previously part of Southern Kordofan 

17 prior to the 2013 division of Southern Kordofan. 

18 (5) USAID.—In this Act, the term ‘‘USAID’’ 

19 means the United States Agency for International 

20 Development. 

21 (6) SPEND PLAN.—In this Act, the term 

22 ‘‘spend plan’’ means a plan for the uses of funds ap23 propriated for a particular entity, country, program, 

24 purpose, or account and which shall include, at a 

25 minimum, a description of— 
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1 (A) realistic and sustainable goals, criteria 

2 for measuring progress, and a timeline for 

3 achieving such goals; 

4 (B) amounts and sources of funds by ac5 count; 

6 (C) how such funds will complement other 

7 ongoing or planned programs; and 

8 (D) implementing partners, to the max9 imum extent practicable. 

10 (7) CLARIFICATION.—In this Act, the terms 

11 ‘‘Assistant Secretary’’ and ‘‘Under Secretary’’ shall 

12 include individuals appointed by the President and 

13 confirmed by the Senate to serve in such designated 

14 positions, as well as individuals serving in acting ca15 pacities or performing functions pursuant to alter 

16 ego delegations with such designated ‘‘Assistant Sec17 retary’’ and ‘‘Under Secretary’’ positions. 

18 ARAB LEAGUE BOYCOTT OF ISRAEL

19 SEC. 7035. It is the sense of the Congress that— 

20 (1) the Arab League boycott of Israel, and the 

21 secondary boycott of American firms that have com22 mercial ties with Israel, is an impediment to peace 

23 in the region and to United States investment and 

24 trade in the Middle East and North Africa; 
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1 (2) the Arab League boycott, which was regret2 tably reinstated in 1997, should be immediately and 

3 publicly terminated, and the Central Office for the 

4 Boycott of Israel immediately disbanded; 

5 (3) all Arab League states should normalize re6 lations with their neighbor Israel; 

7 (4) the President and the Secretary of State 

8 should continue to vigorously oppose the Arab 

9 League boycott of Israel and find concrete steps to 

10 demonstrate that opposition by, for example, taking 

11 into consideration the participation of any recipient 

12 country in the boycott when determining to sell 

13 weapons to said country; and 

14 (5) the President should report to Congress an15 nually on specific steps being taken by the United 

16 States to encourage Arab League states to normalize 

17 their relations with Israel to bring about the termi18 nation of the Arab League boycott of Israel, includ19 ing those to encourage allies and trading partners of 

20 the United States to enact laws prohibiting busi21 nesses from complying with the boycott and penal22 izing businesses that do comply. 

23 PALESTINIAN STATEHOOD

24 SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None 

25 of the funds appropriated under titles III through VI of 
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1 this Act may be provided to support a Palestinian state 

2 unless the Secretary of State determines and certifies to 

3 the appropriate congressional committees that— 

4 (1) the governing entity of a new Palestinian 

5 state— 

6 (A) has demonstrated a firm commitment 

7 to peaceful co-existence with the State of Israel; 

8 and 

9 (B) is taking appropriate measures to 

10 counter terrorism and terrorist financing in the 

11 West Bank and Gaza, including the dismantling 

12 of terrorist infrastructures, and is cooperating 

13 with appropriate Israeli and other appropriate 

14 security organizations; and 

15 (2) the Palestinian Authority (or the governing 

16 entity of a new Palestinian state) is working with 

17 other countries in the region to vigorously pursue ef18 forts to establish a just, lasting, and comprehensive 

19 peace in the Middle East that will enable Israel and 

20 an independent Palestinian state to exist within the 

21 context of full and normal relationships, which 

22 should include— 

23 (A) termination of all claims or states of 

24 belligerency; 
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1 (B) respect for and acknowledgment of the 

2 sovereignty, territorial integrity, and political 

3 independence of every state in the area through 

4 measures including the establishment of demili5 tarized zones; 

6 (C) their right to live in peace within se7 cure and recognized boundaries free from 

8 threats or acts of force; 

9 (D) freedom of navigation through inter10 national waterways in the area; and 

11 (E) a framework for achieving a just set12 tlement of the refugee problem. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that the governing entity should enact a constitution 

15 assuring the rule of law, an independent judiciary, and 

16 respect for human rights for its citizens, and should enact 

17 other laws and regulations assuring transparent and ac18 countable governance. 

19 (c) WAIVER.—The President may waive subsection 

20 (a) if the President determines that it is important to the 

21 national security interest of the United States to do so. 

22 (d) EXEMPTION.—The restriction in subsection (a) 

23 shall not apply to assistance intended to help reform the 

24 Palestinian Authority and affiliated institutions, or the 

25 governing entity, in order to help meet the requirements 
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1 of subsection (a), consistent with the provisions of section 

2 7040 of this Act (‘‘Limitation on Assistance for the Pales3 tinian Authority’’). 

4 RESTRICTIONS CONCERNING THE PALESTINIAN

5 AUTHORITY

6 SEC. 7037. None of the funds appropriated under ti7 tles II through VI of this Act may be obligated or ex8 pended to create in any part of Jerusalem a new office 

9 of any department or agency of the United States Govern10 ment for the purpose of conducting official United States 

11 Government business with the Palestinian Authority over 

12 Gaza and Jericho or any successor Palestinian governing 

13 entity provided for in the Israel-PLO Declaration of Prin14 ciples: Provided, That this restriction shall not apply to 

15 the acquisition of additional space for the existing Con16 sulate General in Jerusalem: Provided further, That meet17 ings between officers and employees of the United States 

18 and officials of the Palestinian Authority, or any successor 

19 Palestinian governing entity provided for in the Israel20 PLO Declaration of Principles, for the purpose of con21 ducting official United States Government business with 

22 such authority should continue to take place in locations 

23 other than Jerusalem: Provided further, That as has been 

24 true in the past, officers and employees of the United 

25 States Government may continue to meet in Jerusalem on 
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1 other subjects with Palestinians (including those who now 

2 occupy positions in the Palestinian Authority), have social 

3 contacts, and have incidental discussions. 

4 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

5 BROADCASTING CORPORATION

6 SEC. 7038. None of the funds appropriated or other7 wise made available by this Act may be used to provide 

8 equipment, technical support, consulting services, or any 

9 other form of assistance to the Palestinian Broadcasting 

10 Corporation. 

11 ASSISTANCE FOR THE WEST BANK AND GAZA

12 SEC. 7039. (a) OVERSIGHT.—For fiscal year 2018, 

13 30 days prior to the initial obligation of funds for the bi14 lateral West Bank and Gaza Program, the Secretary of 

15 State shall certify to the Committees on Appropriations 

16 that procedures have been established to assure the Comp17 troller General of the United States will have access to 

18 appropriate United States financial information in order 

19 to review the uses of United States assistance for the Pro20 gram funded under the heading ‘‘Economic Support 

21 Fund’’ for the West Bank and Gaza. 

22 (b) VETTING.—Prior to the obligation of funds ap23 propriated by this Act under the heading ‘‘Economic Sup24 port Fund’’ for assistance for the West Bank and Gaza, 

25 the Secretary of State shall take all appropriate steps to 
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1 ensure that such assistance is not provided to or through 

2 any individual, private or government entity, or edu3 cational institution that the Secretary knows or has reason 

4 to believe advocates, plans, sponsors, engages in, or has 

5 engaged in, terrorist activity nor, with respect to private 

6 entities or educational institutions, those that have as a 

7 principal officer of the entity’s governing board or gov8 erning board of trustees any individual that has been de9 termined to be involved in, or advocating terrorist activity 

10 or determined to be a member of a designated foreign ter11 rorist organization: Provided, That the Secretary of State 

12 shall, as appropriate, establish procedures specifying the 

13 steps to be taken in carrying out this subsection and shall 

14 terminate assistance to any individual, entity, or edu15 cational institution which the Secretary has determined to 

16 be involved in or advocating terrorist activity. 

17 (c) PROHIBITION.— 

18 (1) RECOGNITION OF ACTS OF TERRORISM.— 

19 None of the funds appropriated under titles III 

20 through VI of this Act for assistance under the West 

21 Bank and Gaza Program may be made available for 

22 the purpose of recognizing or otherwise honoring in23 dividuals who commit, or have committed acts of 

24 terrorism. 
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1 (2) SECURITY ASSISTANCE AND REPORTING RE2 QUIREMENT.—Notwithstanding any other provision 

3 of law, none of the funds made available by this or 

4 prior appropriations Acts, including funds made 

5 available by transfer, may be made available for obli6 gation for security assistance for the West Bank and 

7 Gaza until the Secretary of State reports to the 

8 Committees on Appropriations on the benchmarks 

9 that have been established for security assistance for 

10 the West Bank and Gaza and reports on the extent 

11 of Palestinian compliance with such benchmarks. 

12 (d) AUDITS BY THE UNITED STATES AGENCY FOR

13 INTERNATIONAL DEVELOPMENT.— 

14 (1) The Administrator of the United States 

15 Agency for International Development shall ensure 

16 that Federal or non-Federal audits of all contractors 

17 and grantees, and significant subcontractors and 

18 sub-grantees, under the West Bank and Gaza Pro19 gram, are conducted at least on an annual basis to 

20 ensure, among other things, compliance with this 

21 section. 

22 (2) Of the funds appropriated by this Act, up 

23 to $500,000 may be used by the Office of Inspector 

24 General of the United States Agency for Inter25 national Development for audits, inspections, and 
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1 other activities in furtherance of the requirements of 

2 this subsection: Provided, That such funds are in ad3 dition to funds otherwise available for such pur4 poses. 

5 (e) COMPTROLLER GENERAL OF THE UNITED

6 STATES AUDIT.—Subsequent to the certification specified 

7 in subsection (a), the Comptroller General of the United 

8 States shall conduct an audit and an investigation of the 

9 treatment, handling, and uses of all funds for the bilateral 

10 West Bank and Gaza Program, including all funds pro11 vided as cash transfer assistance, in fiscal year 2018 

12 under the heading ‘‘Economic Support Fund’’, and such 

13 audit shall address— 

14 (1) the extent to which such Program complies 

15 with the requirements of subsections (b) and (c); 

16 and 

17 (2) an examination of all programs, projects, 

18 and activities carried out under such Program, in19 cluding both obligations and expenditures. 

20 (f) NOTIFICATION PROCEDURES.—Funds made 

21 available in this Act for West Bank and Gaza shall be 

22 subject to the regular notification procedures of the Com23 mittees on Appropriations. 

24 (g) REPORT.—Not later than 180 days after enact25 ment of this Act, the Secretary of State shall submit a 
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1 report to the Committees on Appropriations updating the 

2 report contained in section 2106 of chapter 2 of title II 

3 of the Emergency Supplemental Appropriations Act for 

4 Defense, the Global War on Terror, and Tsunami Relief, 

5 2005 (Public Law 109–13). 

6 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN

7 AUTHORITY

8 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of 

9 the funds appropriated by this Act to carry out the provi10 sions of chapter 4 of part II of the Foreign Assistance 

11 Act of 1961 may be obligated or expended with respect 

12 to providing funds to the Palestinian Authority. 

13 (b) WAIVER.—The prohibition included in subsection 

14 (a) shall not apply if the President certifies in writing to 

15 the Speaker of the House of Representatives, the Presi16 dent pro tempore of the Senate, and the Committees on 

17 Appropriations that waiving such prohibition is important 

18 to the national security interest of the United States. 

19 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

20 waiver pursuant to subsection (b) shall be effective for no 

21 more than a period of 6 months at a time and shall not 

22 apply beyond 12 months after the enactment of this Act. 

23 (d) REPORT.—Whenever the waiver authority pursu24 ant to subsection (b) is exercised, the President shall sub25 mit a report to the Committees on Appropriations detail-
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1 ing the justification for the waiver, the purposes for which 

2 the funds will be spent, and the accounting procedures in 

3 place to ensure that the funds are properly disbursed: Pro4 vided, That the report shall also detail the steps the Pales5 tinian Authority has taken to arrest terrorists, confiscate 

6 weapons and dismantle the terrorist infrastructure. 

7 (e) CERTIFICATION.—If the President exercises the 

8 waiver authority under subsection (b), the Secretary of 

9 State must certify and report to the Committees on Ap10 propriations prior to the obligation of funds that the Pal11 estinian Authority has established a single treasury ac12 count for all Palestinian Authority financing and all fi13 nancing mechanisms flow through this account, no parallel 

14 financing mechanisms exist outside of the Palestinian Au15 thority treasury account, and there is a single comprehen16 sive civil service roster and payroll, and the Palestinian 

17 Authority is acting to counter incitement of violence 

18 against Israelis and is supporting activities aimed at pro19 moting peace, coexistence, and security cooperation with 

20 Israel. 

21 (f) PROHIBITION TO HAMAS AND THE PALESTINE

22 LIBERATION ORGANIZATION.— 

23 (1) None of the funds appropriated in titles III 

24 through VI of this Act may be obligated for salaries 

25 of personnel of the Palestinian Authority located in 
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1 Gaza or may be obligated or expended for assistance 

2 to Hamas or any entity effectively controlled by 

3 Hamas, any power-sharing government of which 

4 Hamas is a member, or that results from an agree5 ment with Hamas and over which Hamas exercises 

6 undue influence. 

7 (2) Notwithstanding the limitation of paragraph 

8 (1), assistance may be provided to a power-sharing 

9 government only if the President certifies and re10 ports to the Committees on Appropriations that such 

11 government, including all of its ministers or such 

12 equivalent, has publicly accepted and is complying 

13 with the principles contained in section 620K(b)(1) 

14 (A) and (B) of the Foreign Assistance Act of 1961, 

15 as amended. 

16 (3) The President may exercise the authority in 

17 section 620K(e) of the Foreign Assistance Act of 

18 1961, as added by the Palestinian Anti-Terrorism 

19 Act of 2006 (Public Law 109–446) with respect to 

20 this subsection. 

21 (4) Whenever the certification pursuant to 

22 paragraph (2) is exercised, the Secretary of State 

23 shall submit a report to the Committees on Appro24 priations within 120 days of the certification and 

25 every quarter thereafter on whether such govern-
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1 ment, including all of its ministers or such equiva2 lent are continuing to comply with the principles 

3 contained in section 620K(b)(1) (A) and (B) of the 

4 Foreign Assistance Act of 1961, as amended: Pro5 vided, That the report shall also detail the amount, 

6 purposes and delivery mechanisms for any assistance 

7 provided pursuant to the abovementioned certifi8 cation and a full accounting of any direct support of 

9 such government. 

10 (5) None of the funds appropriated under titles 

11 III through VI of this Act may be obligated for as12 sistance for the Palestine Liberation Organization. 

13 MIDDLE EAST AND NORTH AFRICA

14 SEC. 7041. (a) EGYPT.— 

15 (1) CERTIFICATION AND REPORT.—Funds ap16 propriated by this Act that are available for assist17 ance for Egypt may be made available notwith18 standing any other provision of law restricting as19 sistance for Egypt, except for this subsection and 

20 section 620M of the Foreign Assistance Act of 1961, 

21 and may only be made available for assistance for 

22 the Government of Egypt if the Secretary of State 

23 certifies and reports to the Committees on Appro24 priations that such government is— 
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1 (A) sustaining the strategic relationship 

2 with the United States; and 

3 (B) meeting its obligations under the 1979 

4 Egypt-Israel Peace Treaty. 

5 (2) ECONOMIC SUPPORT FUND.— 

6 (A) FUNDING.—Of the funds appropriated 

7 by this Act under the heading ‘‘Economic Sup8 port Fund’’, up to $75,000,000 may be made 

9 available for assistance for Egypt, of which not 

10 less than $35,000,000 should be made available 

11 for higher education programs including not 

12 less than $10,000,000 for scholarships for 

13 Egyptian students with high financial need to 

14 attend not-for-profit institutions of higher edu15 cation: Provided, That such funds shall be made 

16 available for democracy programs, and for de17 velopment programs in the Sinai: Provided fur18 ther, That such funds shall not be made avail19 able for cash transfer assistance or budget sup20 port unless the Secretary of State certifies and 

21 reports to the appropriate congressional com22 mittees that the Government of Egypt is taking 

23 consistent and effective steps to stabilize the 

24 economy and implement market-based economic 

25 reforms. 
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1 (B) WITHHOLDING.—The Secretary of 

2 State shall withhold from obligation funds ap3 propriated by this Act under the heading ‘‘Eco4 nomic Support Fund’’ for assistance for Egypt, 

5 an amount of such funds that the Secretary de6 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 (C) LIMITATION.—None of the funds ap17 propriated by this Act and prior Acts making 

18 appropriations for the Department of State, 

19 foreign operations, and related programs under 

20 the heading ‘‘Economic Support Fund’’ may be 

21 made available for a contribution, voluntary or 

22 otherwise, to the ‘‘Civil Associations and Foun23 dations Support Fund’’, or any similar fund, es24 tablished pursuant to Law 70 on Associations 

25 and Other Foundations Working in the Field of 
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1 Civil Work published in the Official Gazette of 

2 Egypt on May 29, 2017. 

3 (3) FOREIGN MILITARY FINANCING PRO4 GRAM.— 

5 (A) CERTIFICATION.—Of the funds appro6 priated by this Act under the heading ‘‘Foreign 

7 Military Financing Program’’, $1,000,000,000, 

8 to remain available until September 30, 2019, 

9 may be made available for assistance for Egypt: 

10 Provided, That 25 percent of such funds shall 

11 be withheld from obligation until the Secretary 

12 of State certifies and reports to the Committees 

13 on Appropriations that the Government of 

14 Egypt is taking effective steps to— 

15 (i) advance democracy and human 

16 rights in Egypt, including to govern demo17 cratically and protect religious minorities 

18 and the rights of women, which are in ad19 dition to steps taken during the previous 

20 calendar year for such purposes; 

21 (ii) implement reforms that protect 

22 freedoms of expression, association, and 

23 peaceful assembly, including the ability of 

24 civil society organizations, human rights 
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1 defenders, and the media to function with2 out interference; 

3 (iii) release political prisoners and 

4 provide detainees with due process of law; 

5 (iv) hold Egyptian security forces ac6 countable, including officers credibly al7 leged to have violated human rights; 

8 (v) investigate and prosecute cases of 

9 extrajudicial killings and forced disappear10 ances, including the torture and murder 

11 Giulio Regeni, a University of Cambridge 

12 doctoral student; and 

13 (vi) provide regular access for United 

14 States officials to monitor such assistance 

15 in areas where the assistance is used: 

16 Provided further, That such funds may be 

17 transferred to an interest bearing account in 

18 the Federal Reserve Bank of New York, fol19 lowing consultation with the Committees on Ap20 propriations: Provided further, That the certifi21 cation requirement of this paragraph shall not 

22 apply to funds appropriated by this Act under 

23 such heading for counterterrorism, border secu24 rity, and nonproliferation programs for Egypt. 
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1 (B) WAIVER.—The Secretary of State may 

2 waive the certification requirement in subpara3 graph (A) if the Secretary determines and re4 ports to the Committees on Appropriations that 

5 to do so is important to the national security 

6 interest of the United States, and submits a re7 port to such Committees containing a detailed 

8 justification for the use of such waiver and the 

9 reasons why any of the requirements of sub10 paragraph (A) cannot be met. 

11 (4) OVERSIGHT REQUIREMENTS.—The Sec12 retary of State shall take all practicable steps to en13 sure that mechanisms are in place for monitoring, 

14 oversight, and control of funds made available by 

15 this subsection for assistance for Egypt. 

16 (b) IRAN.— 

17 (1) FUNDING.—Funds appropriated by this Act 

18 under the headings ‘‘Diplomatic and Consular Pro19 grams’’, ‘‘Economic Support Fund’’, and ‘‘Non20 proliferation, Anti-terrorism, Demining and Related 

21 Programs’’ shall be used by the Secretary of State— 

22 (A) to support the United States policy to 

23 prevent Iran from achieving the capability to 

24 produce or otherwise obtain a nuclear weapon; 
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1 (B) to support an expeditious response to 

2 any violation of the Joint Comprehensive Plan 

3 of Action or United Nations Security Council 

4 Resolution 2231; 

5 (C) to support the implementation and en6 forcement of sanctions against Iran for support 

7 of terrorism, human rights abuses, and ballistic 

8 missile and weapons proliferation; and 

9 (D) for democracy programs for Iran, to 

10 be administered by the Assistant Secretary for 

11 Near Eastern Affairs, Department of State, in 

12 consultation with the Assistant Secretary for 

13 Democracy, Human Rights, and Labor, Depart14 ment of State. 

15 (2) CONTINUATION OF PROHIBITION.—The 

16 terms and conditions of section 7041(c)(2) of the 

17 Department of State, Foreign Operations, and Re18 lated Programs Appropriations Act, 2012 (division I 

19 of Public Law 112–74; 125 Stat. 1224) shall con20 tinue in effect during fiscal year 2018. 

21 (3) REPORTS.— 

22 (A) SEMI-ANNUAL REPORT.—The Sec23 retary of State shall submit to the Committees 

24 on Appropriations the semi-annual report re25 quired by section 135 of the Atomic Energy Act 
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1 of 1954 (42 U.S.C. 2160e(d)(4)), as added by 

2 section 2 of the Iran Nuclear Agreement Re3 view Act of 2015 (Public Law 114–17; 129 

4 Stat. 201). 

5 (B) SANCTIONS REPORT.—Not later than 

6 180 days after the date of enactment of this 

7 Act, the Secretary of State, in consultation with 

8 the Secretary of the Treasury, shall submit to 

9 the appropriate congressional committees a re10 port on the status of the implementation and 

11 enforcement of bilateral United States and mul12 tilateral sanctions against Iran and actions 

13 taken by the United States and the inter14 national community to enforce such sanctions 

15 against Iran: Provided, That the report shall 

16 also include any entities involved in providing 

17 significant support for the development of a 

18 ballistic missile by the Government of Iran after 

19 October 1, 2015, including shipping and financ20 ing, and note whether such entities are cur21 rently under United States sanctions: Provided 

22 further, That such report shall be submitted in 

23 an unclassified form, but may contain a classi24 fied annex if necessary. 

25 (c) IRAQ.— 
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1 (1) PURPOSES.—Funds appropriated by this 

2 Act shall be made available for assistance for Iraq 

3 to promote governance, security, and internal and 

4 regional stability, including in the Kurdistan Region 

5 of Iraq and other areas impacted by the conflict in 

6 Syria, and among religious and ethnic minority pop7 ulations in Iraq: Provided, That the Secretary of 

8 State shall consult with the Committees on Appro9 priations prior to obligating funds made available for 

10 the Kurdistan Region of Iraq. 

11 (2) BASING RIGHTS AGREEMENT.—None of the 

12 funds appropriated or otherwise made available by 

13 this Act may be used by the Government of the 

14 United States to enter into a permanent basing 

15 rights agreement between the United States and 

16 Iraq. 

17 (d) JORDAN.—Of the funds appropriated by this Act 

18 under titles III and IV, not less than $1,500,000,000 shall 

19 be made available for assistance for Jordan, of which not 

20 less than: $1,082,400,000 shall be made available under 

21 the heading ‘‘Economic Support Fund’’; $400,000,000 

22 shall be made available under the heading ‘‘Foreign Mili23 tary Financing Program’’; and $745,100,000 shall be 

24 made available for budget support for the Government of 

25 Jordan. 
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1 (e) LEBANON.— 

2 (1) LIMITATION.—None of the funds appro3 priated by this Act may be made available for the 

4 Lebanese Internal Security Forces (ISF) or the Leb5 anese Armed Forces (LAF) if the ISF or the LAF 

6 is controlled by a foreign terrorist organization, as 

7 designated pursuant to section 219 of the Immigra8 tion and Nationality Act (8 U.S.C. 1189). 

9 (2) CONSULTATION.—Funds appropriated by 

10 this Act under the headings ‘‘International Narcotics 

11 Control and Law Enforcement’’ and ‘‘Foreign Mili12 tary Financing Program’’ that are available for as13 sistance for Lebanon may be made available for pro14 grams and equipment for the ISF and the LAF to 

15 address security and stability requirements in areas 

16 affected by the conflict in Syria, following consulta17 tion with the appropriate congressional committees. 

18 (3) ECONOMIC SUPPORT FUND.—Funds appro19 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). 
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1 (4) FOREIGN MILITARY FINANCING PRO2 GRAM.—In addition to the activities described 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 Sec14 retary of State submits to the Committees on Appro15 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 Sep22 tember 1, 2018: Provided further, That any notifica23 tion submitted pursuant to such sections shall in24 clude any funds specifically intended for lethal mili25 tary equipment. 
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1 (f) LIBYA.— 

2 (1) FUNDING.—Funds appropriated by titles 

3 III and IV of this Act shall be made available for 

4 assistance for Libya for programs to strengthen gov5 erning institutions and civil society, improve border 

6 security, and promote stability in Libya, and for ac7 tivities to address the humanitarian needs of the 

8 people of Libya. 

9 (2) LIMITATIONS.— 

10 (A) COOPERATION ON THE SEPTEMBER

11 2012 ATTACK ON UNITED STATES PERSONNEL

12 AND FACILITIES.—None of the funds appro13 priated by this Act may be made available for 

14 assistance for the central Government of Libya 

15 unless the Secretary of State certifies and re16 ports to the Committees on Appropriations that 

17 such government is cooperating with United 

18 States Government efforts to investigate and 

19 bring to justice those responsible for the attack 

20 on United States personnel and facilities in 

21 Benghazi, Libya in September 2012: Provided, 

22 That the limitation in this paragraph shall not 

23 apply to funds made available for the purpose 

24 of protecting United States Government per25 sonnel or facilities. 
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1 (B) INFRASTRUCTURE PROJECTS.—The 

2 limitation on the uses of funds in section 

3 7041(f)(2) of the Department of State, Foreign 

4 Operations, and Related Programs Appropria5 tions Act, 2014 (division K of Public Law 113– 

6 76; 128 Stat. 525) shall apply to funds appro7 priated by this Act that are made available for 

8 assistance for Libya. 

9 (3) CERTIFICATION.—Prior to the initial obliga10 tion of funds made available by this Act for assist11 ance for Libya, the Secretary of State shall certify 

12 and report to the Committees on Appropriations 

13 that all practicable steps have been taken to ensure 

14 that mechanisms are in place for monitoring, over15 sight, and control of funds made available by this 

16 subsection for assistance for Libya. 

17 (g) MOROCCO.—Funds appropriated by this Act 

18 under the heading ‘‘Foreign Military Financing Program’’ 

19 that are available for assistance for Morocco may only be 

20 used for the purposes described in section 7041(h)(2) of 

21 the Department of State, Foreign Operations, and Related 

22 Programs Appropriations Act, 2017 (division J of Public 

23 Law 115–31). 

24 (h) RELIEF AND RECOVERY FUND.— 
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1 (1) IN GENERAL.—Of the funds appropriated 

2 by this Act under the headings ‘‘Development As3 sistance’’, ‘‘Economic Support Fund’’, ‘‘Inter4 national Narcotics Control and Law Enforcement’’, 

5 ‘‘Nonproliferation, Anti-terrorism, Demining and 

6 Related Programs’’, ‘‘Peacekeeping Operations’’, 

7 and ‘‘Foreign Military Financing Program’’, not less 

8 than $500,000,000 shall be made available for the 

9 Relief and Recovery Fund for assistance for areas 

10 liberated or at risk from, or under the control of, the 

11 Islamic State of Iraq and Syria, other terrorist orga12 nizations, or violent extremist organizations in and 

13 around the Near East and Africa: Provided, That 

14 such funds are in addition to amounts otherwise 

15 made available for such purposes and to amounts 

16 specifically designated in this Act or in the report 

17 accompanying this Act for assistance for countries. 

18 (2) CONCURRENCE.—Funds made available 

19 pursuant to paragraph (1) may only be made avail20 able with the concurrence of the Chief of Mission in 

21 a country where such areas are present, or the Spe22 cial Envoy for Syria, as appropriate. 

23 (3) TRANSFER AUTHORITY.—Funds appro24 priated under the headings pursuant to paragraph 

25 (1) may be transferred to, and merged with, funds 
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1 appropriated under such headings: Provided, That 

2 such transfer authority is in addition to any other 

3 transfer authority provided by this Act or any other 

4 Act, and is subject to the regular notification proce5 dures of the Committees on Appropriations. 

6 (4) TRANSITIONAL JUSTICE.—Of the funds ap7 propriated by this Act under the heading ‘‘Inter8 national Narcotics Control and Law Enforcement’’ 

9 that are made available for the Relief and Recovery 

10 Fund, not less than $5,000,000 shall be made avail11 able for programs to promote accountability in Iraq 

12 and Syria for genocide, crimes against humanity, 

13 and war crimes, which shall be in addition to any 

14 other funds made available by this Act for such pur15 poses: Provided, That such programs shall include 

16 components to develop local investigative and judi17 cial skills, and to collect and preserve evidence and 

18 maintain the chain of custody of evidence, including 

19 for use in prosecutions: Provided further, That such 

20 funds shall be administered by the Special Coordi21 nator for the Office of Global Criminal Justice, De22 partment of State. 

23 (5) COST-MATCHING BASIS.—Funds appro24 priated pursuant to paragraph (1) shall be made 

25 available to the maximum extent practicable on a 
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1 cost-matching basis from sources other than the 

2 United States Government. 

3 (i) SYRIA.— 

4 (1) NON-LETHAL ASSISTANCE.—Funds appro5 priated by this Act under the headings ‘‘Economic 

6 Support Fund’’, ‘‘International Narcotics Control 

7 and Law Enforcement’’, ‘‘Nonproliferation, Anti-ter8 rorism, Demining and Related Programs’’, and 

9 ‘‘Peacekeeping Operations’’ shall be made available, 

10 to the extent practicable and notwithstanding any 

11 other provision of law, for non-lethal assistance, in12 cluding for the armed opposition in Syria, programs 

13 to address the needs of civilians affected by conflict 

14 in Syria, and programs that seek to— 

15 (A) establish local governance in Syria that 

16 is representative, inclusive, and accountable; 

17 (B) empower women through political and 

18 economic programs, and address the psycho19 social needs of women and their families in 

20 Syria and neighboring countries; 

21 (C) develop and implement political proc22 esses that are democratic, transparent, and 

23 strengthen the rule of law; 
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1 (D) further the legitimacy and viability of 

2 the Syrian opposition and local government 

3 structures in Syria; 

4 (E) develop and sustain civil society and 

5 independent media in Syria; 

6 (F) promote stability and economic devel7 opment in Syria; 

8 (G) document, investigate, and prosecute 

9 human rights violations in Syria, including 

10 through transitional justice programs and sup11 port for nongovernmental organizations; 

12 (H) expand the role of women in negotia13 tions to end the violence and in any political 

14 transition in Syria; 

15 (I) assist Syrian refugees whose education 

16 has been interrupted by the ongoing conflict to 

17 complete higher education requirements at uni18 versities and other academic institutions in the 

19 region, and through distance learning; 

20 (J) assist vulnerable populations in Syria 

21 and in neighboring countries; 

22 (K) protect and preserve the cultural iden23 tity of the people of Syria as a counterbalance 

24 to extremism, particularly those living in neigh25 boring countries and among youth; 
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1 (L) protect and preserve cultural heritage 

2 sites in Syria, particularly those damaged and 

3 destroyed by extremists; 

4 (M) counter extremism in Syria; and 

5 (N) facilitate the return of displaced per6 sons to liberated areas in Syria, including 

7 through demining and unexploded ordnance 

8 clearance programs. 

9 (2) SYRIAN ORGANIZATIONS.—Funds appro10 priated by this Act that are made available for as11 sistance for Syria pursuant to the authority of this 

12 subsection shall be made available, on an open and 

13 competitive basis, to continue a program to strength14 en the capability of Syrian civil society organizations 

15 to address the immediate and long-term needs of the 

16 Syrian people in Syria in a manner that supports 

17 the sustainability of such organizations in imple18 menting Syrian-led humanitarian and development 

19 programs and the comprehensive strategy required 

20 in section 7041(i)(3) of the Department of State, 

21 Foreign Operations, and Related Programs Appro22 priations Act, 2014 (division K of Public Law 113– 

23 76; 128 Stat. 527), which shall be updated as appro24 priate: Provided, That funds made available by this 

25 paragraph shall be administered by the Bureau for 
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1 Democracy, Human Rights, and Labor, Department 

2 of State. 

3 (3) LIMITATION.—None of the funds appro4 priated by this Act for assistance for Syria may be 

5 made available for a project or activity that supports 

6 or otherwise legitimizes the Government of Iran, for7 eign terrorist organizations (as designated pursuant 

8 to section 219 of the Immigration and Nationality 

9 Act (8 U.S.C. 1189)), or a proxy of Iran in Syria. 

10 (4) CONSULTATION AND NOTIFICATION.— 

11 Funds made available pursuant to this subsection 

12 may only be made available following consultation 

13 with the appropriate congressional committees, and 

14 shall be subject to the regular notification proce15 dures of the Committees on Appropriations. 

16 (j) TUNISIA.—Of the funds appropriated under titles 

17 III and IV of this Act, not less than $165,400,000 shall 

18 be made available for assistance for Tunisia. 

19 (k) WEST BANK AND GAZA.— 

20 (1) REPORT ON ASSISTANCE.—Prior to the ini21 tial obligation of funds made available by this Act 

22 under the heading ‘‘Economic Support Fund’’ for 

23 assistance for the West Bank and Gaza, the Sec24 retary of State shall report to the Committees on 
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1 Appropriations that the purpose of such assistance 

2 is to— 

3 (A) advance Middle East peace; 

4 (B) improve security in the region; 

5 (C) continue support for transparent and 

6 accountable government institutions; 

7 (D) promote a private sector economy; or 

8 (E) address urgent humanitarian needs. 

9 (2) LIMITATIONS.— 

10 (A)(i) None of the funds appropriated 

11 under the heading ‘‘Economic Support Fund’’ 

12 in this Act may be made available for assistance 

13 for the Palestinian Authority, if after the date 

14 of enactment of this Act— 

15 (I) the Palestinians obtain the same 

16 standing as member states or full member17 ship as a state in the United Nations or 

18 any specialized agency thereof outside an 

19 agreement negotiated between Israel and 

20 the Palestinians; or 

21 (II) the Palestinians initiate an Inter22 national Criminal Court (ICC) judicially 

23 authorized investigation, or actively sup24 port such an investigation, that subjects 
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1 Israeli nationals to an investigation for al2 leged crimes against Palestinians. 

3 (ii) The Secretary of State may waive the 

4 restriction in clause (i) of this subparagraph re5 sulting from the application of subclause (I) of 

6 such clause if the Secretary certifies to the 

7 Committees on Appropriations that to do so is 

8 in the national security interest of the United 

9 States, and submits a report to such Commit10 tees detailing how the waiver and the continu11 ation of assistance would assist in furthering 

12 Middle East peace. 

13 (B)(i) The President may waive the provi14 sions of section 1003 of the Foreign Relations 

15 Authorization Act, Fiscal Years 1988 and 1989 

16 (Public Law 100–204) if the President deter17 mines and certifies in writing to the Speaker of 

18 the House of Representatives, the President pro 

19 tempore of the Senate, and the appropriate con20 gressional committees that the Palestinians 

21 have not, after the date of enactment of this 

22 Act— 

23 (I) obtained in the United Nations or 

24 any specialized agency thereof the same 

25 standing as member states or full member-
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1 ship as a state outside an agreement nego2 tiated between Israel and the Palestinians; 

3 and 

4 (II) taken any action with respect to 

5 the ICC that is intended to influence a de6 termination by the ICC to initiate a judi7 cially authorized investigation, or to ac8 tively support such an investigation, that 

9 subjects Israeli nationals to an investiga10 tion for alleged crimes against Palestin11 ians. 

12 (ii) Not less than 90 days after the Presi13 dent is unable to make the certification pursu14 ant to clause (i) of this subparagraph, the 

15 President may waive section 1003 of Public 

16 Law 100–204 if the President determines and 

17 certifies in writing to the Speaker of the House 

18 of Representatives, the President pro tempore 

19 of the Senate, and the Committees on Appro20 priations that the Palestinians have entered 

21 into direct and meaningful negotiations with 

22 Israel: Provided, That any waiver of the provi23 sions of section 1003 of Public Law 100–204 

24 under clause (i) of this subparagraph or under 

25 previous provisions of law must expire before 
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1 the waiver under the preceding sentence may be 

2 exercised. 

3 (iii) Any waiver pursuant to this subpara4 graph shall be effective for no more than a pe5 riod of 6 months at a time and shall not apply 

6 beyond 12 months after the enactment of this 

7 Act. 

8 (3) PAYMENTS FOR ACTS OF TERRORISM.— 

9 (A) LIMITATION.— 

10 (i) IN GENERAL.—Funds appropriated 

11 by this Act under the heading ‘‘Economic 

12 Support Fund’’ that are made available for 

13 assistance for the West Bank and Gaza 

14 that directly benefit the Palestinian Au15 thority may only be made available if the 

16 Secretary of State certifies and reports to 

17 the appropriate congressional committees 

18 that the Palestinian Authority— 

19 (I) is taking credible steps to end 

20 acts of violence against Israeli citizens 

21 and United States citizens that are 

22 perpetrated by individuals under its 

23 jurisdictional control, such as the 

24 March 2016 attack that killed former 

25 United States Army officer Taylor 
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1 Force, a veteran of the wars in Iraq 

2 and Afghanistan; 

3 (II) has terminated payments for 

4 acts of terrorism against Israeli citi5 zens and United States citizens to any 

6 individual, after being fairly tried, 

7 who has been imprisoned for such acts 

8 of terrorism and to any individual who 

9 died committing such acts of ter10 rorism, including to a family member 

11 of such individuals; 

12 (III) has revoked any law, decree, 

13 regulation, or document authorizing 

14 or implementing a system of com15 pensation for imprisoned individuals 

16 that uses the sentence or period of in17 carceration of an individual to deter18 mine the level of compensation paid; 

19 and 

20 (IV) is publicly condemning such 

21 acts of violence and is taking steps to 

22 investigate or is cooperating in inves23 tigations of such acts of terrorism to 

24 bring the perpetrators to justice. 
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1 (ii) EXCEPTION.—The limitation of 

2 this paragraph shall not apply to funds 

3 made available to the East Jerusalem Hos4 pital Network. 

5 (iii) RULE OF CONSTRUCTION.— 

6 Amounts withheld pursuant to this para7 graph shall be deemed to satisfy any simi8 lar withholding or reduction required under 

9 any other provision of law. 

10 (B) AVAILABILITY.—Funds appropriated 

11 by this Act under the heading ‘‘Economic Sup12 port Fund’’ that are made available for assist13 ance for the West Bank and Gaza that directly 

14 benefit the Palestinian Authority may only be 

15 made available for such purpose if, not later 

16 than 180 days after the date of the enactment 

17 of this Act, and every 180 days thereafter, the 

18 Secretary of States certifies and reports to the 

19 appropriate congressional committees that the 

20 Palestinian Authority is taking credible and 

21 verifiable steps to end acts of violence against 

22 Israeli citizens and United States citizens that 

23 are perpetrated by individuals under its juris24 dictional control. 
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1 (C) PALESTINIAN AUTHORITY ACCOUNT2 ABILITY FUND.— 

3 (i) ESTABLISHMENT.—There is estab4 lished in the Treasury a fund to be known 

5 as the ‘‘Palestinian Authority Account6 ability Fund’’ (PAAF), which shall consists 

7 of funds withheld pursuant to subpara8 graphs (A) and (B). 

9 (ii) USE OF FUNDS.—Funds from the 

10 PAAF may be made available upon a cer11 tification by the Secretary of State to the 

12 appropriate congressional committees that 

13 the Palestinian Authority has met the con14 ditions set forth in subparagraph (A). 

15 (iii) DISPOSITION OF UNUSED

16 FUNDS.—On the date that is one year 

17 after the date of the enactment of this Act, 

18 and annually thereafter, all funds that are 

19 in the PAAF shall be withdrawn and made 

20 available to the Department of State for 

21 the purposes of assistance other than that 

22 deemed benefitting the Palestinian Author23 ity. 

24 (D) REPORTING REQUIREMENT.—Not 

25 later than 180 days after enactment of this Act, 
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1 the Secretary of State shall submit to the ap2 propriate congressional committees a report, 

3 which shall be submitted in unclassified form 

4 but may include a classified annex, including at 

5 a minimum— 

6 (i) an estimate of the amount ex7 pended by the Palestinian Authority dur8 ing the previous calendar year as payments 

9 for acts of terrorism by individuals who are 

10 imprisoned for such acts; 

11 (ii) an estimate of the amount ex12 pended by the Palestinian Authority dur13 ing the previous calendar year as payments 

14 to the families of deceased individuals who 

15 committed an act of terrorism; 

16 (iii) an overview of Palestinian laws, 

17 decrees, regulations, or documents in effect 

18 during the previous calendar year that au19 thorize or implement any payments re20 ported under clauses (i) and (ii); 

21 (iv) a description of United States 

22 Government policy, efforts, and engage23 ment with the Palestinian Authority in 

24 order to confirm the revocation of any law, 

25 decree, regulation, or document in effect 
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1 the previous calendar year that authorizes 

2 or implements any payments reported 

3 under clauses (i) and (ii); and 

4 (v) a description of United States 

5 Government policy, efforts, and engage6 ment with other governments, and the 

7 United Nations, to highlight the issue of 

8 Palestinian payments for acts of terrorism 

9 and to urge other nations to join the 

10 United States in calling on the Palestinian 

11 Authority to end this system immediately. 

12 (4) REPORTS.— 

13 (A) SECURITY STRATEGY.—The reporting 

14 requirements in section 1404 of the Supple15 mental Appropriations Act, 2008 (Public Law 

16 110–252; 122 Stat. 2336) shall apply to funds 

17 made available by this Act, including a descrip18 tion of modifications, if any, to the security 

19 strategy of the Palestinian Authority. 

20 (B) COUNTER INCITEMENT.—Not later 

21 than 90 days after enactment of this Act, the 

22 Secretary of State shall submit a report to the 

23 appropriate congressional committees detailing 

24 steps taken by the Palestinian Authority to 

25 counter incitement of violence against Israelis 
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1 and to promote peace and coexistence with 

2 Israel. 

3 (l) WESTERN SAHARA.— 

4 (1) ASSISTANCE AND CONSULTATION.—Funds 

5 appropriated under title III of this Act may be made 

6 available for assistance for the people of Western 

7 Sahara following consultation with the Committees 

8 on Appropriations and with representatives of the 

9 United Nations Mission for the Referendum in the 

10 Western Sahara. 

11 (2) UNITED STATES POLICY.—Nothing in this 

12 Act shall be construed to change the policy of the 

13 United States to find a peaceful, sustainable, and 

14 mutually agreed upon solution for the Western Sa15 hara. 

16 AFRICA

17 SEC. 7042. (a) AFRICAN GREAT LAKES REGION AS18 SISTANCE RESTRICTION.—Funds appropriated by this Act 

19 under the heading ‘‘International Military Education and 

20 Training’’ for the central government of a country in the 

21 African Great Lakes region may be made available only 

22 for Expanded International Military Education and Train23 ing and professional military education until the Secretary 

24 of State determines and reports to the Committees on Ap25 propriations that such government is not facilitating or 
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1 otherwise participating in destabilizing activities in a 

2 neighboring country, including aiding and abetting armed 

3 groups. 

4 (b) BOKO HARAM.—Funds appropriated by this Act 

5 that are made available for assistance for Cameroon, 

6 Chad, Niger, and Nigeria— 

7 (1) shall be made available for assistance for 

8 women and girls who are targeted by the terrorist 

9 organization Boko Haram, consistent with the provi10 sions of section 7059 of this Act, and for individuals 

11 displaced by Boko Haram violence; and 

12 (2) may be made available for counterterrorism 

13 programs to combat Boko Haram. 

14 (c) CENTRAL AFRICAN REPUBLIC.—Funds made 

15 available by this Act for assistance for the Central African 

16 Republic shall be made available for reconciliation and 

17 peacebuilding programs, including activities to promote 

18 inter-faith dialogue at the national and local levels, and 

19 for programs to prevent crimes against humanity. 

20 (d) ETHIOPIA.— 

21 (1) FORCED EVICTIONS.— 

22 (A) Funds appropriated by this Act for as23 sistance for Ethiopia may not be made available 

24 for any activity that supports forced evictions. 
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1 (B) The Secretary of the Treasury shall 

2 instruct the United States executive director of 

3 each international financial institution to use 

4 the voice and vote of the United States to sup5 port projects in Ethiopia only if such projects 

6 are developed and carried out in accordance 

7 with the requirements of section 7029(b)(2) of 

8 this Act. 

9 (2) CONSULTATION.—Programs and activities 

10 to improve livelihoods shall include prior consulta11 tion with, and the participation of, affected commu12 nities, including in the South Omo and Gambella re13 gions. 

14 (3) REPORT.—Of the funds appropriated by 

15 this Act that are available for assistance for Ethi16 opia, 25 percent may only be made available after 

17 the Secretary of State submits the report required 

18 under this heading in the report accompanying this 

19 Act: Provided, That such withholding of funds shall 

20 not apply to funds made available under the heading 

21 ‘‘Foreign Military Financing Program’’. 

22 (e) LAKE CHAD BASIN COUNTRIES.—Funds appro23 priated by this Act shall be made available for Cameroon, 

24 Chad, Niger, and Nigeria, following consultation with the 

25 Committees on Appropriations, for— 
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1 (1) democracy programs, including to protect 

2 freedom of expression, association, assembly, and re3 ligion, including support for independent journalists, 

4 civil society, and democratic political parties; and 

5 (2) assistance for governments of such coun6 tries to strengthen accountability and the rule of 

7 law, including within the security forces. 

8 (f) LORD’S RESISTANCE ARMY.—Of the funds appro9 priated by this Act under the heading ‘‘Economic Support 

10 Fund’’, not less than $10,000,000 shall be made available 

11 for programs and activities in areas affected by the Lord’s 

12 Resistance Army (LRA) consistent with the goals of the 

13 Lord’s Resistance Army Disarmament and Northern 

14 Uganda Recovery Act of 2009 (Public Law 111–172), in15 cluding to improve physical access, telecommunications in16 frastructure, and early-warning mechanisms and to sup17 port the disarmament, demobilization, and reintegration 

18 of former LRA combatants, especially child soldiers. 

19 (g) MALAWI.—Of the funds appropriated by this Act 

20 under the heading ‘‘Development Assistance’’, not less 

21 than $56,000,000 shall be made available for assistance 

22 for Malawi, of which up to $10,000,000 shall be made 

23 available for higher education programs. 

24 (h) SOUTH SUDAN.— 
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1 (1) STRATEGY UPDATE.—Not later than 60 

2 days after enactment of this Act, the Secretary of 

3 State, in consultation with the USAID Adminis4 trator, shall submit an update to the strategy re5 quired in section 7042(i) of the Department of 

6 State, Foreign Operations, and Related Programs 

7 Appropriations Act, 2017 (division J of Public Law 

8 115–31). 

9 (2) CERTIFICATION.—None of the funds appro10 priated by this Act that are available for assistance 

11 for the central Government of South Sudan may be 

12 made available until the Secretary of State certifies 

13 and reports to the Committees on Appropriations 

14 that such government is taking effective steps to— 

15 (A) end hostilities and pursue good faith 

16 negotiations for a political settlement of the 

17 conflict; 

18 (B) provide access for humanitarian orga19 nizations; 

20 (C) end the recruitment and use of child 

21 soldiers; 

22 (D) protect freedoms of expression, asso23 ciation, and assembly; 

24 (E) reduce corruption related to the ex25 traction and sale of oil and gas; 
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1 (F) establish democratic institutions; 

2 (G) establish accountable military and po3 lice forces under civilian authority; and 

4 (H) investigate and prosecute individuals 

5 credibly alleged to have committed gross viola6 tions of human rights, including at the Terrain 

7 compound in Juba, South Sudan on July 11, 

8 2016. 

9 (3) EXCLUSIONS.—The limitation of paragraph 

10 (2) shall not apply to— 

11 (A) humanitarian assistance; 

12 (B) assistance to support South Sudan 

13 peace negotiations or to advance or implement 

14 a peace agreement; and 

15 (C) assistance to support implementation 

16 of outstanding issues of the Comprehensive 

17 Peace Agreement and mutual arrangements re18 lated to such Agreement. 

19 (4) CONSULTATION.—Prior to the initial obliga20 tion of funds made available for the central Govern21 ment of South Sudan pursuant to paragraphs (3)(B) 

22 and (C), the Secretary of State shall consult with 

23 the Committees on Appropriations on the intended 

24 uses of such funds, steps taken by such government 

25 to advance or implement a peace agreement, and 
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1 progress made by the Government of South Sudan 

2 in meeting the requirements in paragraph (2). 

3 (i) SUDAN.— 

4 (1) LIMITATIONS.— 

5 (A) ASSISTANCE.—Notwithstanding any 

6 other provision of law, none of the funds appro7 priated by this Act may be made available for 

8 assistance for the Government of Sudan. 

9 (B) LOANS.—None of the funds appro10 priated by this Act may be made available for 

11 the cost, as defined in section 502 of the Con12 gressional Budget Act of 1974, of modifying 

13 loans and loan guarantees held by the Govern14 ment of Sudan, including the cost of selling, re15 ducing, or canceling amounts owed to the 

16 United States, and modifying concessional 

17 loans, guarantees, and credit agreements. 

18 (2) EXCLUSIONS.—The limitations of para19 graph (1) shall not apply to— 

20 (A) humanitarian assistance; 

21 (B) assistance for democracy programs; 

22 (C) assistance for the Darfur region, 

23 Southern Kordofan State, Blue Nile State, 

24 other marginalized areas and populations in 

25 Sudan, and Abyei; and 
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1 (D) assistance to support implementation 

2 of outstanding issues of the Comprehensive 

3 Peace Agreement, mutual arrangements related 

4 to post-referendum issues associated with such 

5 Agreement, or any other internationally recog6 nized viable peace agreement in Sudan. 

7 (j) ZIMBABWE.— 

8 (1) INSTRUCTION.—The Secretary of the Treas9 ury shall instruct the United States executive direc10 tor of each international financial institution to vote 

11 against any extension by the respective institution of 

12 any loan or grant to the Government of Zimbabwe, 

13 except to meet basic human needs or to promote de14 mocracy, unless the Secretary of State certifies and 

15 reports to the Committees on Appropriations that 

16 the rule of law has been restored, including respect 

17 for ownership and title to property, and freedoms of 

18 expression, association, and assembly. 

19 (2) LIMITATION.—None of the funds appro20 priated by this Act shall be made available for as21 sistance for the central Government of Zimbabwe, 

22 except for health and education, unless the Secretary 

23 of State certifies and reports as required in para24 graph (1), and funds may be made available for 

25 macroeconomic growth assistance if the Secretary 
218 

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1 reports to the Committees on Appropriations that 

2 such government is implementing transparent fiscal 

3 policies, including public disclosure of revenues from 

4 the extraction of natural resources. 

5 EAST ASIA AND THE PACIFIC

6 SEC. 7043. (a) BURMA.— 

7 (1) BILATERAL ECONOMIC ASSISTANCE.— 

8 (A) ECONOMIC SUPPORT FUND.—Funds 

9 appropriated by this Act under the heading 

10 ‘‘Economic Support Fund’’ for assistance for 

11 Burma may be made available notwithstanding 

12 any other provision of law, except for this sub13 section, and following consultation with the ap14 propriate congressional committees. 

15 (B) USES.—Funds appropriated under 

16 title III of this Act for assistance for Burma— 

17 (i) shall be made available to 

18 strengthen civil society organizations in 

19 Burma and for programs to strengthen 

20 independent media; 

21 (ii) shall be made available for com22 munity-based organizations operating in 

23 Thailand to provide food, medical, and 

24 other humanitarian assistance to internally 

25 displaced persons in eastern Burma, in ad-
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1 dition to assistance for Burmese refugees 

2 from funds appropriated by this Act under 

3 the heading ‘‘Migration and Refugee As4 sistance’’; 

5 (iii) shall be made available for pro6 grams to promote ethnic and religious tol7 erance, including in Rakhine and Kachin 

8 states; 

9 (iv) shall be made available to pro10 mote rural economic development in 

11 Burma, including through microfinance 

12 and sustainable power generation pro13 grams; 

14 (v) shall be made available to increase 

15 opportunities for foreign direct investment 

16 by strengthening the rule of law, trans17 parency, and accountability; 

18 (vi) may not be made available to any 

19 individual or organization if the Secretary 

20 of State has credible information that such 

21 individual or organization has committed a 

22 gross violation of human rights, including 

23 against Rohingya and other minority 

24 groups, or that advocates violence against 
220 

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1 ethnic or religious groups or individuals in 

2 Burma; 

3 (vii) may not be made available to any 

4 organization or entity controlled by the 

5 armed forces of Burma; and 

6 (viii) may be made available for pro7 grams administered by the Office of Tran8 sition Initiatives, United States Agency for 

9 International Development, for ethnic 

10 groups and civil society in Burma to help 

11 sustain ceasefire agreements and further 

12 prospects for reconciliation and peace, 

13 which may include support to representa14 tives of ethnic armed groups for this pur15 pose. 

16 (2) INTERNATIONAL SECURITY ASSISTANCE.— 

17 None of the funds appropriated by this Act under 

18 the headings ‘‘International Military Education and 

19 Training’’ and ‘‘Foreign Military Financing Pro20 gram’’ may be made available for assistance for 

21 Burma: Provided, That the Department of State 

22 may continue consultations with the armed forces of 

23 Burma only on human rights and disaster response 

24 in a manner consistent with the prior fiscal year, 
221 

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1 and following consultation with the appropriate con2 gressional committees. 

3 (3) MULTILATERAL ASSISTANCE.—The Sec4 retary of the Treasury shall instruct the United 

5 States executive director of each international finan6 cial institution to use the voice and vote of the 

7 United States to support projects in Burma only if 

8 such projects are developed and carried out in ac9 cordance with the requirements of section 

10 7029(b)(2) of this Act. 

11 (4) CERTIFICATION.—Notwithstanding any pro12 vision of this subsection, of the funds appropriated 

13 by this Act under the heading ‘‘Economic Support 

14 Fund’’ that are made available for assistance for 

15 Burma, 15 percent may not be obligated until the 

16 Secretary of State certifies and reports to the Com17 mittees on Appropriations that the Government of 

18 Burma— 

19 (A) has terminated military cooperation 

20 with North Korea; 

21 (B) is respecting human rights and the 

22 rule of law, particularly regarding the arrest 

23 and prosecution of three journalists in Shan 

24 state in June, 2017 and two Kachin pastors in 

25 December, 2016; 
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1 (C) is revising and updating colonial-era 

2 laws that are used in such prosecutions; and 

3 (D) is credibly investigating the murder of 

4 U Ko Ni, and is taking steps to protect and de5 fend the security and safety of other activists. 

6 (5) PROGRAMS, POSITION, AND RESPONSIBIL7 ITIES.— 

8 (A) Any new program or activity in Burma 

9 initiated in fiscal year 2018 shall be subject to 

10 prior consultation with the appropriate congres11 sional committees. 

12 (B) Section 7043(b)(7) of the Department 

13 of State, Foreign Operations, and Related Pro14 grams Appropriations Act, 2015 (division J of 

15 Public Law 113–235) shall continue in effect 

16 during fiscal year 2018. 

17 (C) The United States Chief of Mission in 

18 Burma, in consultation with the Assistant Sec19 retary for Democracy, Human Rights, and 

20 Labor, Department of State, shall be respon21 sible for democracy and human rights programs 

22 in Burma. 

23 (b) CAMBODIA.— 

24 (1) CONDITIONS ON ASSISTANCE.—None of the 

25 funds appropriated by this Act that are made avail-
223 

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1 able for assistance for the central Government of 

2 Cambodia may be obligated or expended unless the 

3 Secretary of State certifies and reports to the Com4 mittees on Appropriations that such government— 

5 (A) is taking effective steps to strengthen 

6 regional security and stability, particularly re7 garding territorial disputes in the South China 

8 Sea; 

9 (B) has ceased efforts to intimidate civil 

10 society and the political opposition in Cam11 bodia, is credibly investigating the murder of 

12 social and political activists, and is taking steps 

13 to address the concerns detailed in the Sep14 tember 14, 2016 United Nations Human Rights 

15 Situation in Cambodia—Joint Statement; and 

16 (C) is supporting the conduct of free and 

17 fair elections in Cambodia through a non-par18 tisan election commission; fair election proc19 esses; open and inclusive participation, to in20 clude the return of exiled former opposition 

21 leaders and the release of jailed opposition lead22 ers and civil society activists; respect for free23 doms of assembly, speech, and the press; and 

24 credible post-election dispute resolution mecha25 nisms. 
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1 (2) INADMISSABILITY OF CAMBODIAN OFFI2 CIALS WHO UNDERMINE DEMOCRACY IN CAM3 BODIA.—For purposes of administering clause (i) of 

4 section 212(a)(3)(C) of the Immigration and Nation5 ality Act (8 U.S.C. 1182(a)(3)(C)) with funds made 

6 available by this Act, the Secretary of State shall 

7 consider as having ‘‘potentially serious adverse for8 eign policy consequences’’ any efforts to undermine 

9 democracy and human rights in Cambodia by offi10 cials of the Government of Cambodia: Provided, 

11 That the exception of clause (ii) of such section shall 

12 not apply to this subsection. 

13 (c) NORTH KOREA.— 

14 (1) WITHHOLDING OF FUNDS.— 

15 (A) CAPABILITIES.—None of the funds ap16 propriated by this Act and prior Acts making 

17 appropriations for the Department of State, 

18 foreign operations, and related programs may 

19 be made available for assistance for the central 

20 government of a country the Secretary of State 

21 determines and reports to the appropriate con22 gressional committees is knowingly contrib23 uting, directly or indirectly, to the nuclear, bal24 listic missile, or malicious cyber-intrusion capa25 bilities of the Government of North Korea. 
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1 (B) REVIEW.—The Secretary of State 

2 shall review sanctions applied pursuant to the 

3 North Korea Sanctions and Policy Enhance4 ment Act of 2016 (Public Law 114–122) and 

5 the Countering America’s Adversaries Through 

6 Sanctions Act (Public Law 115–44), as well as 

7 any other relevant provision of law imposing 

8 sanctions for nuclear, ballistic missile, and 

9 cyber misconduct, to determine whether the re10 striction of subparagraph (A) shall apply to the 

11 central government of any country whose agen12 cies or instrumentalities are so sanctioned. 

13 (C) WAIVER.—The Secretary of State may 

14 waive the application of the restriction in sub15 paragraph (A) if the Secretary determines and 

16 reports to the appropriate congressional com17 mittees that to do so is important to the na18 tional security interest of the United States, in19 cluding a description of the national security in20 terest served. 

21 (2) BROADCASTS.—Funds appropriated by this 

22 Act under the heading ‘‘International Broadcasting 

23 Operations’’ shall be made available to maintain 

24 broadcasting hours into North Korea at levels not 

25 less than the prior fiscal year. 
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1 (3) REFUGEES.—Funds appropriated by this 

2 Act under the heading ‘‘Migration and Refugee As3 sistance’’ should be made available for assistance for 

4 refugees from North Korea, including protection ac5 tivities in the People’s Republic of China and other 

6 countries in Asia. 

7 (4) DATABASE AND REPORT.—Funds appro8 priated by this Act under title III shall be made 

9 available to maintain a database of prisons and 

10 gulags in North Korea, in accordance with section 

11 7032(i) of the Department of State, Foreign Oper12 ations, and Related Programs Appropriations Act, 

13 2014 (division K of Public Law 113–76; 128 Stat. 

14 513). 

15 (5) HUMAN RIGHTS PROMOTION AND LIMITA16 TION ON USE OF FUNDS.— 

17 (A) HUMAN RIGHTS PROMOTION.—Of the 

18 funds appropriated by this Act under the head19 ing ‘‘Economic Support Fund’’, not less than 

20 $8,000,000 shall be made available for the pro21 motion of human rights in North Korea: Pro22 vided, That the authority of section 7032(b) of 

23 this Act shall apply to such funds. 

24 (B) LIMITATION.—None of the funds made 

25 available by this Act under the heading ‘‘Eco-
227 

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1 nomic Support Fund’’ may be made available 

2 for assistance for the Government of North 

3 Korea. 

4 (d) PEOPLE’S REPUBLIC OF CHINA.— 

5 (1) LIMITATION ON USE OF FUNDS.—None of 

6 the funds appropriated under the heading ‘‘Diplo7 matic and Consular Programs’’ in this Act may be 

8 obligated or expended for processing licenses for the 

9 export of satellites of United States origin (including 

10 commercial satellites and satellite components) to 

11 the People’s Republic of China (PRC) unless, at 

12 least 15 days in advance, the Committees on Appro13 priations are notified of such proposed action. 

14 (2) PEOPLE’S LIBERATION ARMY.—The terms 

15 and requirements of section 620(h) of the Foreign 

16 Assistance Act of 1961 shall apply to foreign assist17 ance projects or activities of the People’s Liberation 

18 Army (PLA) of the PRC, to include such projects or 

19 activities by any entity that is owned or controlled 

20 by, or an affiliate of, the PLA: Provided, That none 

21 of the funds appropriated or otherwise made avail22 able pursuant to this Act may be used to finance 

23 any grant, contract, or cooperative agreement with 

24 the PLA, or any entity that the Secretary of State 
228 

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1 has reason to believe is owned or controlled by, or 

2 an affiliate of, the PLA. 

3 (3) COUNTER INFLUENCE PROGRAMS.—Funds 

4 appropriated by this Act for public diplomacy under 

5 title I and for assistance under titles III and IV 

6 shall be made available to counter the influence of 

7 the PRC, in accordance with the strategy required 

8 by section 7043(e)(3) of the Department of State, 

9 Foreign Operations, and Related Programs Appro10 priations Act, 2014 (division K of Public Law 113– 

11 76; 128 Stat. 536), following consultation with the 

12 Committees on Appropriations. 

13 (4) AUTHORITY AND NOTIFICATION REQUIRE14 MENT.— 

15 (A) AUTHORITY.—The uses of funds made 

16 available by this Act for the promotion of de17 mocracy in the PRC, except for funds made 

18 available under subsection (f), shall be the re19 sponsibility of the Assistant Secretary for De20 mocracy, Human Rights, and Labor, Depart21 ment of State. 

22 (B) NOTIFICATION.—Funds appropriated 

23 by this Act that are made available for trilateral 

24 programs conducted with the PRC shall be sub-
229 

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1 ject to the regular notification procedures of the 

2 Committees on Appropriations. 

3 (e) PHILIPPINES.— 

4 (1) INTERNATIONAL NARCOTICS CONTROL AND

5 LAW ENFORCEMENT.—Funds appropriated by this 

6 Act under the heading ‘‘International Narcotics Con7 trol and Law Enforcement’’ may be made available 

8 for counternarcotics assistance for the Philippine 

9 National Police only if the Secretary of State cer10 tifies and reports to the Committees on Appropria11 tions that the Government of the Philippines has 

12 adopted and is implementing a counternarcotics 

13 strategy that is in accordance with international 

14 norms of due process, and is investigating and pros15 ecuting individuals who are credibly alleged to have 

16 ordered, committed, or covered up extrajudicial 

17 killings and other gross violations of human rights 

18 in the conduct of counternarcotics operations in the 

19 Philippines: Provided, That the limitation of this 

20 paragraph shall not apply to funds made available 

21 for maritime programs. 

22 (2) NATIONAL DRUG TREATMENT AND DEMAND

23 REDUCTION PROGRAM.—Funds appropriated by this 

24 Act that are made available for assistance for the 

25 Philippines may be made available for the Philippine 
230 

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1 Department of Health and local entities to support 

2 the implementation of a national drug treatment and 

3 demand reduction program only if the Secretary of 

4 State, in consultation with the USAID Adminis5 trator, certifies and reports to the appropriate con6 gressional committees that the Government of the 

7 Philippines is effectively implementing a national 

8 strategy to support drug treatment and the preven9 tion of illicit drug use in a manner that is consistent 

10 with best practices: Provided, That such funds shall 

11 be made available only on a cost-matching basis: 

12 Provided further, That the Secretary of State and 

13 USAID Administrator, as appropriate, shall consult 

14 with the appropriate congressional committees prior 

15 to the obligations of such funds. 

16 (f) TIBET.— 

17 (1) FINANCING OF PROJECTS IN TIBET.—The 

18 Secretary of the Treasury shall instruct the United 

19 States executive director of each international finan20 cial institution to use the voice and vote of the 

21 United States to support financing of projects in 

22 Tibet if such projects do not provide incentives for 

23 the migration and settlement of non-Tibetans into 

24 Tibet or facilitate the transfer of ownership of Ti25 betan land and natural resources to non-Tibetans, 
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1 are based on a thorough needs-assessment, foster 

2 self-sufficiency of the Tibetan people and respect Ti3 betan culture and traditions, and are subject to ef4 fective monitoring. 

5 (2) PROGRAMS FOR TIBETAN COMMUNITIES.— 

6 (A) TIBETAN AUTONOMOUS REGION.—Not7 withstanding any other provision of law, of the 

8 funds appropriated by this Act under the head9 ing ‘‘Economic Support Fund’’, not less than 

10 $8,000,000 shall be made available to non11 governmental organizations to support activities 

12 which preserve cultural traditions and promote 

13 sustainable development, education, and envi14 ronmental conservation in Tibetan communities 

15 in the Tibetan Autonomous Region and in other 

16 Tibetan communities in China. 

17 (B) INDIA AND NEPAL.—Of the funds ap18 propriated by this Act under the heading ‘‘Eco19 nomic Support Fund’’, not less than 

20 $6,000,000 shall be made available for pro21 grams to promote and preserve Tibetan culture, 

22 development, and the resilience of Tibetan com23 munities in India and Nepal, and to assist in 

24 the education and development of the next gen25 eration of Tibetan leaders from such commu-
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1 nities: Provided, That such funds are in addi2 tion to amounts made available in subpara3 graph (A) for programs inside Tibet. 

4 (C) TIBETAN GOVERNANCE.—Of the funds 

5 appropriated by this Act under the heading 

6 ‘‘Economic Support Fund’’, not less than 

7 $3,000,000 shall be made available for pro8 grams to strengthen the capacity of Tibetan in9 stitutions and governance. 

10 (g) VIETNAM.— 

11 (1) DIOXIN REMEDIATION.—Notwithstanding 

12 any other provision of law, of the funds appropriated 

13 by this Act under the heading ‘‘Economic Support 

14 Fund’’, not less than $20,000,000 shall be made 

15 available for activities related to the remediation of 

16 dioxin contaminated sites in Vietnam and may be 

17 made available for assistance for the Government of 

18 Vietnam, including the military, for such purposes. 

19 (2) HEALTH AND DISABILITY PROGRAMS.—Of 

20 the funds appropriated by this Act under the head21 ing ‘‘Development Assistance’’, not less than 

22 $10,000,000 shall be made available for health and 

23 disability programs in areas sprayed with Agent Or24 ange and otherwise contaminated with dioxin, to as25 sist individuals with severe upper or lower body mo-
233 

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1 bility impairment or cognitive or developmental dis2 abilities. 

3 SOUTH AND CENTRAL ASIA

4 SEC. 7044. (a) AFGHANISTAN.— 

5 (1) ASSISTANCE AND CONDITIONS.— 

6 (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 Afghani11 stan: Provided, That such funds may not be ob12 ligated for any project or activity that— 

13 (i) includes the participation of any 

14 Afghan individual or organization, includ15 ing government entity, if the Secretary of 

16 State has credible information that such 

17 individual, organization, or entity is in18 volved in corrupt practices, illicit narcotics 

19 production or trafficking, or a violation of 

20 human rights; 

21 (ii) cannot be sustained, as appro22 priate, by the Government of Afghanistan 

23 or another Afghan entity; 

24 (iii) is not regularly accessible for the 

25 purposes of conducting effective oversight 
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1 in accordance with applicable Federal stat2 utes and regulations; or 

3 (iv) initiates any new, major infra4 structure development; and 

5 (v) is conducted in areas not under 

6 the control of the Government of Afghani7 stan and where project and resource dis8 bursement monitoring cannot be per9 formed, unless the Secretary of State, in 

10 consultation with the Administrator of the 

11 United States Agency for International 

12 Development, certifies to the Committees 

13 on Appropriations that to do so is in the 

14 national security interest of the United 

15 States, and submits a report to such Com16 mittees describing such interest, including 

17 how such project or activity does not legiti18 mize the Taliban. 

19 (B) CERTIFICATION AND REPORT.—Prior 

20 to the initial obligation of funds made available 

21 by this Act under the headings ‘‘Economic Sup22 port Fund’’ and ‘‘International Narcotics Con23 trol and Law Enforcement’’ for assistance for 

24 the central Government of Afghanistan, the 

25 Secretary of State shall certify and report to 
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1 the Committees on Appropriations, after con2 sultation with the Government of Afghanistan, 

3 that— 

4 (i) goals and benchmarks for the spe5 cific uses of such funds have been estab6 lished by the Governments of the United 

7 States and Afghanistan; 

8 (ii) conditions are in place that in9 crease the transparency and accountability 

10 of the Government of Afghanistan for 

11 funds obligated under the New Develop12 ment Partnership or other incentive-based 

13 programs; 

14 (iii) the Government of Afghanistan is 

15 implementing laws and policies to govern 

16 democratically and protect the rights of in17 dividuals, civil society, and the media; 

18 (iv) the Government of Afghanistan is 

19 taking effective steps, that are in addition 

20 to steps taken during the previous calendar 

21 year, to protect and advance the rights of 

22 women and girls in Afghanistan; 

23 (v) the Government of Afghanistan is 

24 effectively implementing a whole-of-govern25 ment, anti-corruption strategy that has 
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1 been endorsed by the High Council on 

2 Rule of Law and Anti-Corruption, as 

3 agreed to at the Brussels Conference on 

4 Afghanistan in October 2016, and is pros5 ecuting individuals alleged to be involved in 

6 corrupt or illegal activities in Afghanistan; 

7 (vi) monitoring and oversight frame8 works for programs implemented with such 

9 funds are in accordance with all applicable 

10 audit policies of the Department of State 

11 and USAID, including in areas under the 

12 control of the Taliban or other extremist 

13 organizations; 

14 (vii) the necessary policies and proce15 dures are in place to ensure Government of 

16 Afghanistan compliance with section 7013 

17 of this Act, ‘‘Prohibition on Taxation of 

18 United States Assistance’’; and 

19 (viii) the Government of Afghanistan 

20 is publicly reporting its national budget, 

21 including revenues and expenditures. 

22 (C) WAIVER.—The Secretary of State may 

23 waive the certification requirement of subpara24 graph (B) if the Secretary determines that to 

25 do so is important to the national security in-
237 

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1 terest of the United States and the Secretary 

2 submits a report to the Committees on Appro3 priations, in classified form if necessary, on the 

4 justification for the waiver and the reasons why 

5 any of the requirements of subparagraph (B) 

6 cannot be met. 

7 (D) PROGRAMS.—Funds appropriated by 

8 this Act that are made available for assistance 

9 for Afghanistan shall be made available— 

10 (i) for programs that protect and 

11 strengthen the rights of women and girls 

12 and promote the political and economic 

13 empowerment of women, including their 

14 meaningful inclusion in political processes: 

15 Provided, That such assistance to promote 

16 economic empowerment of women shall be 

17 made available as grants to Afghan and 

18 international organizations, to the max19 imum extent practicable; 

20 (ii) for programs in South and Cen21 tral Asia to expand linkages between Af22 ghanistan and countries in the region; and 

23 (iii) to assist the Government of Af24 ghanistan to develop and implement more 
238 

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1 effective systems of revenue generation and 

2 transparent budgetary processes. 

3 (E) CERTIFICATION.—None of the funds 

4 appropriated by this Act for assistance for Af5 ghanistan may be made available for direct gov6 ernment-to-government assistance unless the 

7 Secretary of State certifies and reports to the 

8 Committees on Appropriations that United 

9 States companies and organizations that are 

10 implementing United States foreign assistance 

11 programs in Afghanistan in a manner con12 sistent with United States laws and regulations 

13 are not subjected by such government to taxes 

14 or other fees in contravention of diplomatic and 

15 other agreements between the Governments of 

16 the United States and Afghanistan, or to retal17 iation for the nonpayment of taxes or fees im18 posed in the past: Provided, That not later than 

19 90 days after enactment of this Act, the Sec20 retary of State shall submit to the Committees 

21 on Appropriations an assessment of the dollar 

22 value of improper taxes or fees levied by such 

23 government against such companies and organi24 zations in fiscal year 2017. 
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1 (2) GOALS AND BENCHMARKS.—Not later than 

2 90 days after enactment of this Act, the Secretary 

3 of State shall submit to the appropriate congres4 sional committees a report describing the goals and 

5 benchmarks required in paragraph (1)(B)(i): Pro6 vided, That not later than 6 months after the sub7 mission of such report and every 6 months there8 after until September 30, 2019, the Secretary of 

9 State shall submit a report to such committees on 

10 the status of achieving such goals and benchmarks: 

11 Provided further, That the Secretary of State should 

12 suspend assistance for the Government of Afghani13 stan if any report required by this paragraph indi14 cates that such government is failing to make meas15 urable progress in meeting such goals and bench16 marks. 

17 (3) AUTHORITIES.— 

18 (A) Funds appropriated by this Act under 

19 title III through VI that are made available for 

20 assistance for Afghanistan may be made avail21 able— 

22 (i) notwithstanding section 7012 of 

23 this Act or any similar provision of law 

24 and section 660 of the Foreign Assistance 

25 Act of 1961; 
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1 (ii) for reconciliation programs and 

2 disarmament, demobilization, and re3 integration activities for former combat4 ants who have renounced violence against 

5 the Government of Afghanistan, in accord6 ance with section 7046(a)(2)(B)(ii) of the 

7 Department of State, Foreign Operations, 

8 and Related Programs Appropriations Act, 

9 2012 (division I of Public Law 112–74; 

10 125 Stat. 1235); and 

11 (iii) for an endowment to empower 

12 women and girls. 

13 (B) Section 7046(a)(2)(A) of the Depart14 ment of State, Foreign Operations, and Related 

15 Programs Appropriations Act, 2012 (division I 

16 of Public Law 112–74; 125 Stat. 1235) shall 

17 apply to funds appropriated by this Act for as18 sistance for Afghanistan. 

19 (C) Section 1102(c) of the Supplemental 

20 Appropriations Act, 2009 (title XI of Public 

21 Law 111–32; 123 Stat. 1896) shall continue in 

22 effect during fiscal year 2018. 

23 (4) BASING RIGHTS AGREEMENT.—None of the 

24 funds made available by this Act may be used by the 

25 United States Government to enter into a perma-
241 

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1 nent basing rights agreement between the United 

2 States and Afghanistan. 

3 (b) NEPAL.— 

4 (1) ASSISTANCE.—Not less than $121,480,000 

5 of the funds appropriated by this Act under the 

6 headings ‘‘Global Health Programs’’, ‘‘Economic 

7 Support Fund’’, ‘‘International Narcotics Control 

8 and Law Enforcement’’, and ‘‘Nonproliferation, 

9 Anti-terrorism, Demining and Related Programs’’ 

10 shall be made available for assistance for Nepal, in11 cluding for earthquake recovery and reconstruction 

12 programs. 

13 (2) FOREIGN MILITARY FINANCING PRO14 GRAM.—Funds appropriated by this Act under the 

15 heading ‘‘Foreign Military Financing Program’’ 

16 shall only be made available for humanitarian and 

17 disaster relief and reconstruction activities in Nepal, 

18 and in support of international peacekeeping oper19 ations: Provided, That such funds may only be made 

20 available for any additional uses if the Secretary of 

21 State certifies and reports to the Committees on Ap22 propriations that the Government of Nepal is inves23 tigating and prosecuting violations of human rights 

24 and the laws of war, and the Nepal Army is cooper-
242 

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1 ating fully with civilian judicial authorities in such 

2 cases. 

3 (c) PAKISTAN.— 

4 (1) CERTIFICATION.—None of the funds appro5 priated or otherwise made available by this Act 

6 under the headings ‘‘Economic Support Fund’’, 

7 ‘‘International Narcotics Control and Law Enforce8 ment’’, and ‘‘Foreign Military Financing Program’’ 

9 for assistance for the Government of Pakistan may 

10 be made available unless the Secretary of State cer11 tifies and reports to the Committees on Appropria12 tions that the Government of Pakistan is— 

13 (A) cooperating with the United States in 

14 counterterrorism efforts against the Haqqani 

15 Network, the Quetta Shura Taliban, Lashkar e16 Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and 

17 other domestic and foreign terrorist organiza18 tions, including taking effective steps to end 

19 support for such groups and prevent them from 

20 basing and operating in Pakistan and carrying 

21 out cross border attacks into neighboring coun22 tries; 

23 (B) not supporting terrorist activities 

24 against United States or coalition forces in Af25 ghanistan, and Pakistan’s military and intel-
243 

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1 ligence agencies are not intervening extra-judi2 cially into political and judicial processes in 

3 Pakistan; 

4 (C) not financing or otherwise supporting 

5 schools supported by, affiliated with, or run by 

6 the Taliban or any designated foreign terrorist 

7 organization; 

8 (D) dismantling improvised explosive de9 vice (IED) networks and interdicting precursor 

10 chemicals used in the manufacture of IEDs; 

11 (E) preventing the proliferation of nuclear12 related material and expertise; 

13 (F) issuing visas in a timely manner for 

14 United States visitors engaged in counterter15 rorism efforts and assistance programs in Paki16 stan; and 

17 (G) providing humanitarian organizations 

18 access to detainees, internally displaced per19 sons, and other Pakistani civilians affected by 

20 the conflict. 

21 (2) WAIVER AND REPORTS.— 

22 (A) The Secretary of State may waive the 

23 certification requirement of paragraph (1) with 

24 respect to funds appropriated or otherwise 

25 made available by this Act under the headings 
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1 ‘‘Economic Support Fund’’ and ‘‘International 

2 Narcotics Control and Law Enforcement’’ for 

3 assistance for the Government of Pakistan if 

4 the Secretary determines that to do so is impor5 tant to the national security interest of the 

6 United States. 

7 (B) The Secretary of State may waive the 

8 certification requirement of paragraph (1) with 

9 respect to 75 percent of the funds appropriated 

10 or otherwise made available by this Act under 

11 the heading ‘‘Foreign Military Financing Pro12 gram’’ for assistance for the Government of 

13 Pakistan if the Secretary determines that to do 

14 so is important to the national security interest 

15 of the United States: Provided, That funds 

16 withheld by application of this subparagraph 

17 shall be withheld from obligation until the Sec18 retary submits to the Committees on Appro19 priations the certification required by para20 graph (1). 

21 (C) In exercising the authority of this 

22 paragraph, the Secretary of State shall submit 

23 a report to the Committees on Appropriations, 

24 in classified form if necessary, on the justifica25 tion for any waivers in subparagraphs (A) and 
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1 (B) and the reasons why any of the require2 ments of paragraph (1) cannot be met. 

3 (3) ASSISTANCE.— 

4 (A) Funds appropriated by this Act under 

5 the heading ‘‘Foreign Military Financing Pro6 gram’’ for assistance for Pakistan may be made 

7 available only to support counterterrorism and 

8 counterinsurgency capabilities in Pakistan. 

9 (B) Funds appropriated by this Act under 

10 the headings ‘‘Economic Support Fund’’ and 

11 ‘‘Nonproliferation, Anti-terrorism, Demining 

12 and Related Programs’’ that are available for 

13 assistance for Pakistan shall be made available 

14 to interdict precursor materials from Pakistan 

15 to Afghanistan that are used to manufacture 

16 IEDs, including calcium ammonium nitrate; to 

17 support programs to train border and customs 

18 officials in Pakistan and Afghanistan; and for 

19 agricultural extension programs that encourage 

20 alternative fertilizer use among Pakistani farm21 ers. 

22 (C) Funds appropriated by this Act under 

23 the heading ‘‘Economic Support Fund’’ that are 

24 made available for assistance for infrastructure 

25 projects in Pakistan shall be implemented in a 
246 

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1 manner that does not exploit child labor, as de2 scribed in section 507(6) of the Trade Act of 

3 1974 (19 U.S.C. 2467(6)). 

4 (D) Funds appropriated by this Act under 

5 titles III and IV for assistance for Pakistan 

6 may be made available notwithstanding any 

7 other provision of law, except for section 620M 

8 of the Foreign Assistance Act of 1961. 

9 (E) Of the funds appropriated under titles 

10 III and IV of this Act that are made available 

11 for assistance for Pakistan, $33,000,000 shall 

12 be withheld from obligation until the Secretary 

13 of State reports to the Committees on Appro14 priations that Dr. Shakil Afridi has been re15 leased from prison and cleared of all charges re16 lating to the assistance provided to the United 

17 States in locating Osama bin Laden. 

18 (4) SCHOLARSHIPS FOR WOMEN.—The author19 ity and directives of section 7044(d)(4) of the De20 partment of State, Foreign Operations, and Related 

21 Programs Appropriations Act, 2015 (division J of 

22 Public Law 113–235; 128 Stat. 2654) shall apply to 

23 funds appropriated by this Act that are made avail24 able for assistance for Pakistan: Provided, That 

25 prior to the obligation of funds for such purposes, 
247 

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1 the USAID Administrator shall consult with the 

2 Committees on Appropriations. 

3 (5) REPORTS.— 

4 (A) GOALS AND BENCHMARKS.— 

5 (i) IN GENERAL.—The spend plan re6 quired by section 7076 of this Act for as7 sistance for Pakistan shall include realistic 

8 and sustainable goals, benchmarks for 

9 measuring progress, and expected results 

10 regarding combating poverty and fur11 thering development in Pakistan, coun12 tering terrorism and extremism, and estab13 lishing conditions conducive to the rule of 

14 law and transparent and accountable gov15 ernance: Provided, That not later than 6 

16 months after submission of such spend 

17 plan, and each 6 months thereafter until 

18 September 30, 2019, the Secretary of 

19 State shall submit a report to the Commit20 tees on Appropriations on the status of 

21 achieving the goals and benchmarks in 

22 such plan. 

23 (ii) SUSPENSION OF ASSISTANCE.— 

24 The Secretary of State should suspend as25 sistance for the Government of Pakistan if 
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1 any report required by clause (i) indicates 

2 that Pakistan is failing to make measur3 able progress in meeting such goals or 

4 benchmarks. 

5 (B) SIGNIFICANT INFRASTRUCTURE

6 PROJECTS.—Not later than 90 days after enact7 ment of this Act, the Secretary of State shall 

8 submit a report to the appropriate congres9 sional committees detailing the costs and objec10 tives associated with significant infrastructure 

11 projects supported by the United States in 

12 Pakistan, and an assessment of the extent to 

13 which such projects achieve such objectives: 

14 Provided, That such report shall be posted on 

15 the Department of State and USAID Web sites. 

16 (6) OVERSIGHT.—The Secretary of State shall 

17 take all practicable steps to ensure that mechanisms 

18 are in place for monitoring, oversight, and control of 

19 funds made available by this subsection for assist20 ance for Pakistan. 

21 (d) SRI LANKA.— 

22 (1) BILATERAL ECONOMIC ASSISTANCE.—Of 

23 the funds appropriated by this Act under the head24 ing ‘‘Economic Support Fund’’, not less than 

25 $35,000,000 shall be made available for assistance 
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1 for Sri Lanka for economic development and democ2 racy programs, particularly in areas recovering from 

3 ethnic and religious conflict: Provided, That such 

4 funds shall be made available for programs to assist 

5 in the identification and resolution of cases of miss6 ing persons. 

7 (2) CERTIFICATION.—Funds appropriated by 

8 this Act for assistance for the central Government of 

9 Sri Lanka may be made available only if the Sec10 retary of State certifies and reports to the Commit11 tees on Appropriations that the Government of Sri 

12 Lanka is— 

13 (A) repealing laws that do not comply with 

14 international standards for arrest and deten15 tion, and ensuring that any successor legislation 

16 meets such standards; 

17 (B) increasing accountability and trans18 parency in governance; 

19 (C) supporting a credible justice mecha20 nism in compliance with United Nations 

21 Human Rights Council Resolution (A/HCR/30/ 

22 L.29) of October, 2015; 

23 (D) returning land in former conflict zones 

24 to former owners or compensating those whose 

25 land was confiscated without due process, which 
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1 is in addition to steps taken during the previous 

2 calendar year; 

3 (E) establishing a functioning office of 

4 missing persons and publishing lists of all per5 sons who surrendered to such Government at 

6 the end of the war; and 

7 (F) redeploying the armed forces out of 

8 former conflict zones and restructuring and re9 ducing the size of the armed forces. 

10 (3) INTERNATIONAL SECURITY ASSISTANCE.— 

11 Funds appropriated under title IV of this Act that 

12 are available for assistance for Sri Lanka shall be 

13 subject to the following conditions— 

14 (A) not to exceed $500,000 under the 

15 heading ‘‘Foreign Military Financing Program’’ 

16 may only be made available for programs to 

17 support humanitarian and disaster response ef18 forts; to redeploy out of former conflict zones; 

19 and to restructure and reduce the size of the 

20 Sri Lankan armed forces; and 

21 (B) funds under the heading ‘‘Peace22 keeping Operations’’ may only be made avail23 able for training and equipment related to 

24 international peacekeeping operations. 

25 (e) REGIONAL PROGRAMS.— 
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1 (1) CROSS BORDER PROGRAMS.—Funds appro2 priated by this Act under the heading ‘‘Economic 

3 Support Fund’’ for assistance for Afghanistan and 

4 Pakistan may be provided, notwithstanding any 

5 other provision of law that restricts assistance to 

6 foreign countries, for cross border stabilization and 

7 development programs between Afghanistan and 

8 Pakistan, or between either country and the Central 

9 Asian countries. 

10 (2) SECURITY AND JUSTICE PROGRAMS.— 

11 Funds appropriated by this Act that are made avail12 able for assistance for Afghanistan and other coun13 tries in South and Central Asia shall be made avail14 able to accelerate the recruitment and enhance the 

15 retention and professionalism of women in the judi16 ciary, police, and other security forces. 

17 LATIN AMERICA AND THE CARIBBEAN

18 SEC. 7045. (a) CENTRAL AMERICA.— 

19 (1) FUNDING.—Subject to the requirements of 

20 this subsection, of the funds appropriated under ti21 tles III and IV of this Act, $600,000,000 should be 

22 made available for assistance for countries in Cen23 tral America to implement the United States Strat24 egy for Engagement in Central America: Provided, 
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1 That such funds shall be made available to the max2 imum extent practicable on a cost-matching basis. 

3 (2) PRE-OBLIGATION REQUIREMENTS.—Prior 

4 to the obligation of funds made available pursuant 

5 to paragraph (1), the Secretary of State shall submit 

6 to the Committees on Appropriations an updated 

7 multi-year spend plan as described under this sec8 tion in the report accompanying this Act. 

9 (3) ASSISTANCE FOR THE CENTRAL GOVERN10 MENTS OF EL SALVADOR, GUATEMALA, AND HON11 DURAS.—Of the funds made available pursuant to 

12 paragraph (1) that are available for assistance for 

13 each of the central governments of El Salvador, 

14 Guatemala, and Honduras, the following amounts 

15 shall be withheld from obligation and may only be 

16 made available as follows: 

17 (A) 25 percent may only be obligated after 

18 the Secretary of State certifies and reports to 

19 the appropriate congressional committees that 

20 such government is— 

21 (i) informing its citizens of the dan22 gers of the journey to the southwest border 

23 of the United States; 

24 (ii) combating human smuggling and 

25 trafficking; 
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1 (iii) improving border security, includ2 ing preventing illegal migration, human 

3 smuggling and trafficking, and trafficking 

4 of illicit drugs and other contraband; and 

5 (iv) cooperating with United States 

6 Government agencies and other govern7 ments in the region to facilitate the return, 

8 repatriation, and reintegration of illegal 

9 migrants arriving at the southwest border 

10 of the United States who do not qualify for 

11 asylum, consistent with international law. 

12 (B) An additional 50 percent may only be 

13 obligated after the Secretary of State certifies 

14 and reports to the appropriate congressional 

15 committees that such government is— 

16 (i) working cooperatively with an au17 tonomous, publicly accountable entity to 

18 provide oversight of the Plan of the Alli19 ance for Prosperity in the Northern Tri20 angle in Central America (the Plan); 

21 (ii) combating corruption, including 

22 investigating and prosecuting current and 

23 former government officials credibly al24 leged to be corrupt; 
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1 (iii) implementing reforms, policies, 

2 and programs to improve transparency and 

3 strengthen public institutions, including in4 creasing the capacity and independence of 

5 the judiciary and the Office of the Attor6 ney General; 

7 (iv) implementing a policy to ensure 

8 that local communities, civil society organi9 zations (including indigenous and other 

10 marginalized groups), and local govern11 ments are consulted in the design, and 

12 participate in the implementation and eval13 uation of, activities of the Plan that affect 

14 such communities, organizations, and gov15 ernments; 

16 (v) countering the activities of crimi17 nal gangs, drug traffickers, and organized 

18 crime, including by enacting and imple19 menting effective plea bargaining laws; 

20 (vi) investigating and prosecuting in 

21 the civilian justice system government per22 sonnel, including military and police per23 sonnel, who are credibly alleged to have 

24 violated human rights, and ensuring that 
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1 such personnel are cooperating in such 

2 cases; 

3 (vii) cooperating with commissions 

4 against corruption and impunity and with 

5 regional human rights entities; 

6 (viii) supporting programs to reduce 

7 poverty, expand education and vocational 

8 training for at-risk youth, create jobs, and 

9 promote equitable economic growth par10 ticularly in areas contributing to large 

11 numbers of migrants; 

12 (ix) implementing a plan that includes 

13 goals, benchmarks, and timelines to create 

14 a professional, accountable civilian police 

15 force and end the role of the military in in16 ternal policing, and make such plan avail17 able to the Department of State; 

18 (x) protecting the right of political op19 position parties, journalists, trade union20 ists, human rights defenders, and other 

21 civil society activists to operate without in22 terference; 

23 (xi) increasing government revenues, 

24 including by implementing tax reforms and 

25 strengthening customs agencies; and 
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1 (xii) resolving commercial disputes, in2 cluding the confiscation of real property, 

3 between United States entities and such 

4 government. 

5 (4) EXEMPTION.—The conditions specified in 

6 subparagraph (3)(B) shall not apply to funds made 

7 available for the International Commission against 

8 Impunity in Guatemala or the Mission to Support 

9 the Fight against Corruption and Impunity in Hon10 duras. 

11 (5) PERIODIC REVIEW AND REPORT.— 

12 (A) PERIODIC REVIEW AND SUSPENSION

13 OF ASSISTANCE.—The Secretary of State shall 

14 periodically review the progress of each of the 

15 central governments of El Salvador, Guatemala, 

16 and Honduras in meeting the requirements of 

17 paragraphs (3)(A) and (3)(B): Provided, That 

18 if the Secretary determines that sufficient 

19 progress has not been made by a central gov20 ernment, the Secretary shall suspend, in whole 

21 or in part, assistance for such government for 

22 programs supporting such requirement, and 

23 shall notify the appropriate congressional com24 mittees in writing of such action: Provided fur25 ther, That the Secretary may resume funding 
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1 for such programs only after the Secretary cer2 tifies to such committees that corrective meas3 ures have been taken. 

4 (B) REPORT.—The Secretary of State 

5 shall, following a change of national government 

6 in El Salvador, Guatemala, or Honduras, deter7 mine and report to the appropriate congres8 sional committees that any new government has 

9 committed to take the steps to meet the re10 quirements of paragraphs (3)(A) and (3)(B): 

11 Provided, That if the Secretary is unable to 

12 make such a determination in a timely manner, 

13 assistance made available under this subsection 

14 for such central government shall be suspended, 

15 in whole or in part, until such time as such de16 termination and report can be made. 

17 (6) TRANSFER OF FUNDS.—The Department of 

18 State and USAID shall, following consultation with 

19 the Committees on Appropriations, transfer funds 

20 made available by this Act under the heading ‘‘De21 velopment Assistance’’ to the Inter-American Devel22 opment Bank and the Inter-American Foundation to 

23 support the Strategy. 

24 (7) LIMITATION.—None of the funds made 

25 available by this subsection for assistance for coun-
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1 tries in Central America may be made available for 

2 direct government-to-government assistance or for 

3 major infrastructure projects. 

4 (b) COLOMBIA.— 

5 (1) ASSISTANCE.—Of the funds appropriated by 

6 this Act under titles III and IV, not less than 

7 $391,253,000 shall be made available for assistance 

8 for Colombia, including to support the efforts of the 

9 Government of Colombia to— 

10 (A) conduct a unified campaign against 

11 narcotics trafficking, organizations designated 

12 as foreign terrorist organizations pursuant to 

13 section 219 of the Immigration and Nationality 

14 Act (8 U.S.C. 1189), and other criminal or ille15 gal armed groups: Provided, That aircraft sup16 ported by funds made available by this Act and 

17 prior Acts making appropriations for the De18 partment of State, foreign operations, and re19 lated programs may be used to transport per20 sonnel and supplies involved in drug eradication 

21 and interdiction, including security for such ac22 tivities, and to provide transport in support of 

23 alternative development programs and inves24 tigations by civilian judicial authorities; 
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1 (B) enhance security and stability in Co2 lombia and the region; 

3 (C) strengthen and expand governance, the 

4 rule of law, and access to justice throughout 

5 Colombia; 

6 (D) promote economic and social develop7 ment, including by improving access to areas 

8 impacted by conflict through demining pro9 grams; and 

10 (E) implement a peace agreement between 

11 the Government of Colombia and illegal armed 

12 groups, in accordance with constitutional and 

13 legal requirements in Colombia: 

14 Provided, That such funds shall be subject to prior 

15 consultation with, and the regular notification proce16 dures of, the Committees on Appropriations. 

17 (2) LIMITATION.—None of the funds appro18 priated by this Act or prior Acts making appropria19 tions for the Department of State, foreign oper20 ations, and related programs that are made available 

21 for assistance for Colombia may be made available 

22 for payment of reparations to conflict victims or 

23 compensation to demobilized combatants associated 

24 with a peace agreement between the Government of 

25 Colombia and illegal armed groups. 
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1 (3) PRE-OBLIGATION REQUIREMENTS.—Prior 

2 to the initial obligation of funds made available pur3 suant to paragraph (1), the Secretary of State, in 

4 consultation with the USAID Administrator, shall 

5 submit to the Committees on Appropriations an up6 dated multi-year spend plan as described under sec7 tion 7045 in the report accompanying this Act. 

8 (4) REFUGEES.—Funds made available by this 

9 Act under the heading ‘‘Economic Support Fund’’ 

10 for assistance for Colombia shall be apportioned di11 rectly to USAID, except that not less than 

12 $7,000,000 of such funds shall be transferred to, 

13 and merged with, funds appropriated by this Act 

14 under the heading ‘‘Migration and Refugee Assist15 ance’’ for assistance for Colombian refugees in 

16 neighboring countries. 

17 (5) COUNTERNARCOTICS.—Of the funds made 

18 available by this Act under the heading ‘‘Inter19 national Narcotics Control and Law Enforcement’’ 

20 for assistance for Colombia, 20 percent may be obli21 gated only in accordance with the conditions set 

22 forth under section 7045 in the report accompanying 

23 this Act. 

24 (6) HUMAN RIGHTS.—Of the funds made avail25 able by this Act under the heading ‘‘Foreign Mili-
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1 tary Financing Program’’ for assistance for Colom2 bia, 20 percent may be obligated only in accordance 

3 with the conditions set forth under section 7045 in 

4 the report accompanying this Act. 

5 (7) EXCEPTIONS.—The limitations of para6 graphs (5) and (6) shall not apply to funds made 

7 available 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’’, 

12 $15,000,000 shall be made available for democracy 

13 programs for Cuba. 

14 (2) Of the funds made available under para15 graph (1), not less than $3,000,000 shall be made 

16 available to the United States Agency for Inter17 national Development to support— 

18 (A) free enterprise and private business or19 ganizations in Cuba; and 

20 (B) people-to-people educational and cul21 tural activities. 

22 (3) For the purposes of paragraph (2), activi23 ties described in such paragraph shall be considered 

24 to be democracy programs pursuant to section 

25 7032(b) of this Act, except that none of the funds 
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1 made available under such paragraph may be used 

2 for assistance for the Government of Cuba. 

3 (4) Funds appropriated under title I of this Act 

4 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 (B) costs associated with United States 

9 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) shall 

13 not be withheld if the IDB awards grants for the 

14 purpose of hiring consultants and the payment of 

15 other costs related to technical assistance to facili16 tate transparency, private sector development, and 

17 other structural reforms of the Cuban economy: Pro18 vided, That assistance under this paragraph may not 

19 exceed $2,500,000 during fiscal year 2018. 

20 (d) HAITI.— 

21 (1) CERTIFICATION.—Funds appropriated by 

22 this Act under the headings ‘‘Development Assist23 ance’’ and ‘‘Economic Support Fund’’ that are made 

24 available for assistance for Haiti may not be made 

25 available for assistance for the central Government 
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1 of Haiti unless the Secretary of State certifies and 

2 reports to the Committees on Appropriations that 

3 such government is— 

4 (A) strengthening the rule of law in Haiti, 

5 including by— 

6 (i) selecting judges in a transparent 

7 manner based on merit; 

8 (ii) reducing pre-trial detention; 

9 (iii) respecting the independence of 

10 the judiciary; and 

11 (iv) improving governance by imple12 menting reforms to increase transparency 

13 and accountability, including through the 

14 penal and criminal codes; 

15 (B) combating corruption, including by im16 plementing the anti-corruption law enacted in 

17 2014 and prosecuting corrupt officials; 

18 (C) increasing government revenues, in19 cluding by implementing tax reforms, and in20 creasing expenditures on public services; and 

21 (D) resolving commercial disputes between 

22 United States entities and the Government of 

23 Haiti. 

24 (2) HAITIAN COAST GUARD.—The Government 

25 of Haiti shall be eligible to purchase defense articles 
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1 and services under the Arms Export Control Act (22 

2 U.S.C. 2751 et seq.) for the Coast Guard. 

3 (e) VENEZUELA.—Of the funds appropriated by this 

4 Act under the heading ‘‘Economic Support Fund’’, not 

5 less than $15,000,000 shall be made available for pro6 grams to promote democracy and the rule of law in Ven7 ezuela: Provided, That the Bureau of Democracy, Human 

8 Rights, and Labor, Department of State, shall administer 

9 such funds. 

10 EUROPE AND EURASIA

11 SEC. 7046. (a) ASSISTANCE.— 

12 (1) GEORGIA.—Of the funds appropriated by 

13 this Act under titles III and IV, not less than 

14 $105,325,000 shall be made available for assistance 

15 for Georgia. 

16 (2) UKRAINE.—Of the funds appropriated by 

17 this Act under titles III and IV, not less than 

18 $420,780,000 shall be made available for assistance 

19 for Ukraine. 

20 (b) LIMITATION.—None of the funds appropriated by 

21 this Act may be made available for assistance for a govern22 ment of an Independent State of the former Soviet Union 

23 if such government directs any action in violation of the 

24 territorial integrity or national sovereignty of any other 

25 Independent State of the former Soviet Union, such as 
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1 those violations included in the Helsinki Final Act: Pro2 vided, That except as otherwise provided in section 

3 7070(a) of this Act, funds may be made available without 

4 regard to the restriction in this subsection if the President 

5 determines that to do so is in the national security interest 

6 of the United States: Provided further, That prior to exe7 cuting the authority contained in the previous proviso, the 

8 Secretary of State shall consult with the Committees on 

9 Appropriations on how such assistance supports the na10 tional security interest of the United States. 

11 (c) SECTION 907 OF THE FREEDOM SUPPORT

12 ACT.—Section 907 of the FREEDOM Support Act (22 

13 U.S.C. 5812 note) shall not apply to— 

14 (1) activities to support democracy or assist15 ance under title V of the FREEDOM Support Act 

16 (22 U.S.C. 5851 et seq.) and section 1424 of the 

17 Defense Against Weapons of Mass Destruction Act 

18 of 1996 (50 U.S.C. 2333) or non-proliferation as19 sistance; 

20 (2) any assistance provided by the Trade and 

21 Development Agency under section 661 of the For22 eign Assistance Act of 1961 (22 U.S.C. 2421); 

23 (3) any activity carried out by a member of the 

24 United States and Foreign Commercial Service while 

25 acting within his or her official capacity; 
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1 (4) any insurance, reinsurance, guarantee, or 

2 other assistance provided by the Overseas Private 

3 Investment Corporation under title IV of chapter 2 

4 of part I of the Foreign Assistance Act of 1961 (22 

5 U.S.C. 2191 et seq.); 

6 (5) any financing provided under the Export7 Import Bank Act of 1945 (Public Law 79–173); or 

8 (6) humanitarian assistance. 

9 (d) TURKEY.— 

10 (1) None of the funds appropriated or otherwise 

11 made available under this Act may be used to facili12 tate or support the sale of defense articles or serv13 ices to the Turkish Presidential Protection Direc14 torate under section 4 of the Arms Export Control 

15 Act (22 U.S.C. 2754), unless the Secretary of State 

16 certifies and reports to the appropriate congressional 

17 committees that the Government of Turkey is taking 

18 steps to— 

19 (A) govern democratically and protect the 

20 rights of minorities and women; 

21 (B) implement reforms that protect free22 doms of expression, association, and assembly, 

23 including the ability of civil society organiza24 tions, political opposition parties, and the media 

25 to function without interference; and 
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1 (C) release political prisoners and provide 

2 detainees with due process of law. 

3 (2) Nothing in this subsection shall be con4 strued to prevent or limit the use of funds appro5 priated or otherwise made available under this Act 

6 for border security purposes, or for NATO or coali7 tion operations. 

8 (e) RESTRICTION ON ENTRY INTO THE UNITED

9 STATES BY TURKISH OFFICIALS.— 

10 (1) The Secretary of State shall deny entry into 

11 the United States to any senior official of the Gov12 ernment of Turkey about whom the Secretary has 

13 credible information is knowingly responsible for the 

14 wrongful or unlawful prolonged detention of citizens 

15 or nationals of the United States. 

16 (2) The Secretary shall also identify officials of 

17 the Government of Turkey about whom the Sec18 retary has such credible information without regard 

19 to whether the individual has applied for a visa. 

20 (3) Individuals shall not be subject to para21 graph (1) if their entry into the United States would 

22 further important United States national security or 

23 law enforcement objectives or is necessary to permit 

24 the United States to fulfill its obligations under the 

25 United Nations Headquarters Agreement or other 
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1 international obligations: Provided, That nothing in 

2 paragraph (1) may be construed to derogate from 

3 United States Government international obligations. 

4 (4) The Secretary may waive the application of 

5 paragraph (1) if the Secretary determines that the 

6 waiver would serve a United States national interest 

7 or that the circumstances which caused the indi8 vidual to be denied entry have changed sufficiently. 

9 (5) Not later than 6 months after the date of 

10 the enactment of this Act, the Secretary shall submit 

11 a report, including a classified annex if necessary, to 

12 the Committees on Appropriations describing the in13 formation related to the prolonged detention of 

14 United States citizens or nationals described in 

15 paragraph (1) and the individuals identified by the 

16 Secretary pursuant to paragraph (2), or who would 

17 be subject to paragraph (1) but for the application 

18 of paragraph (3), and containing a list of any waiv19 ers provided under paragraph (4) and the justifica20 tion for each waiver. 

21 (6) Any unclassified portion of the report re22 quired under paragraph (5) shall be posted on the 

23 Department of State website. 

24 (f) RESTRICTION ON ENTRY INTO THE UNITED

25 STATES BY AZERBAIJANI OFFICIALS.—Section 7031(c) of 
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1 this Act shall be applied to officials of the Government 

2 of Azerbaijan about whom the Secretary of State has cred3 ible information have been involved in the wrongful impris4 onment of Mehman Aliyev, the director of Turan, Azer5 baijan’s last remaining independent news outlet. 

6 (g) MAGNITSKY ACT CONGRESSIONAL REVIEW RE7 QUIREMENT.—Section 216(a)(2)(B)(i) of the Russia 

8 Sanctions Review Act of 2017 (part 1 of subtitle A of title 

9 II of Public Law 115–44) is amended— 

10 (1) in subclause (III), by striking ‘‘; and’’ and 

11 inserting a semicolon; and 

12 (2) by adding at the end the following new sub13 clause: 

14 ‘‘(IV) the Sergei Magnitsky Rule 

15 of Law Accountability Act of 2012 

16 (title IV of Public Law 112–208; 22 

17 U.S.C. 5811 note); and’’. 

18 WAR CRIMES TRIBUNALS

19 SEC. 7047. (a) If the President determines that doing 

20 so will contribute to a just resolution of charges regarding 

21 genocide or other violations of international humanitarian 

22 law, the President may direct a drawdown pursuant to sec23 tion 552(c) of the Foreign Assistance Act of 1961 of up 

24 to $30,000,000 of commodities and services for the United 

25 Nations War Crimes Tribunal established with regard to 
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1 the former Yugoslavia by the United Nations Security 

2 Council or such other tribunals or commissions as the 

3 Council may establish or authorize to deal with such viola4 tions, without regard to the ceiling limitation contained 

5 in paragraph (2) thereof: Provided, That the determina6 tion required under this section shall be in lieu of any de7 terminations otherwise required under section 552(c): Pro8 vided further, That funds made available pursuant to this 

9 section shall be made available subject to the regular noti10 fication procedures of the Committees on Appropriations. 

11 (b) None of the funds appropriated by this Act may 

12 be made available for a United States contribution to the 

13 International Criminal Court: Provided, That notwith14 standing section 705(b) of the Admiral James W. Nance 

15 and Meg Donovan Foreign Relations Authorization Act, 

16 Fiscal Years 2000 and 2001 (division A of Public Law 

17 106–113) and consistent with section 2015 of the Amer18 ican Service-Members Protection Act, 2002, as amended, 

19 funds may be made available for technical assistance, 

20 training, assistance for victims, protection of witnesses, 

21 and law enforcement support related to international in22 vestigations, apprehensions, prosecutions, and adjudica23 tions of genocide, crimes against humanity, and war 

24 crimes: Provided further, That the previous proviso shall 

25 not apply to American service members and other United 
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1 States citizens or nationals, or to nationals of the North 

2 Atlantic Treaty Organization (NATO) or major non3 NATO allies initially designated pursuant to section 

4 517(b) of the Foreign Assistance Act of 1961. 

5 UNITED NATIONS

6 SEC. 7048. (a) TRANSPARENCY AND ACCOUNT7 ABILITY.— 

8 (1) RESTRICTIONS.—Of the funds appropriated 

9 under title I and under the heading ‘‘International 

10 Organizations and Programs’’ in title V of this Act 

11 that are available for contributions to the United 

12 Nations (including the Department of Peacekeeping 

13 Operations), any United Nations agency, or the Or14 ganization of American States, 15 percent may not 

15 be obligated for such organization, department, or 

16 agency until the Secretary of State reports to the 

17 Committees on Appropriations that the organization, 

18 department, or agency is— 

19 (A) posting on a publicly available Web 

20 site, consistent with privacy regulations and due 

21 process, regular financial and programmatic au22 dits of such organization, department, or agen23 cy, and providing the United States Govern24 ment with necessary access to such financial 

25 and performance audits; and 
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1 (B) effectively implementing and enforcing 

2 policies and procedures which reflect best prac3 tices for the protection of whistleblowers from 

4 retaliation, including best practices for— 

5 (i) protection against retaliation for 

6 internal and lawful public disclosures; 

7 (ii) legal burdens of proof; 

8 (iii) statutes of limitation for report9 ing retaliation; 

10 (iv) access to independent adjudicative 

11 bodies, including external arbitration; and 

12 (v) results that eliminate the effects of 

13 proven retaliation. 

14 (2) WAIVER.—The restrictions imposed by or 

15 pursuant to paragraph (1) may be waived on a case16 by-case basis if the Secretary of State determines 

17 and reports to the Committees on Appropriations 

18 that such waiver is necessary to avert or respond to 

19 a humanitarian crisis. 

20 (b) RESTRICTIONS ON UNITED NATIONS DELEGA21 TIONS AND ORGANIZATIONS.— 

22 (1) RESTRICTIONS ON UNITED STATES DELEGA23 TIONS.—None of the funds made available by this 

24 Act may be used to pay expenses for any United 

25 States delegation to any specialized agency, body, or 
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1 commission of the United Nations if such agency, 

2 body, or commission is chaired or presided over by 

3 a country, the government of which the Secretary of 

4 State has determined, for purposes of section 6(j)(1) 

5 of the Export Administration Act of 1979 as contin6 ued in effect pursuant to the International Emer7 gency Economic Powers Act (50 U.S.C. App. 

8 2405(j)(1)), supports international terrorism. 

9 (2) RESTRICTIONS ON CONTRIBUTIONS.—None 

10 of the funds made available by this Act may be used 

11 by the Secretary of State as a contribution to any 

12 organization, agency, commission, or program within 

13 the United Nations system if such organization, 

14 agency, commission, or program is chaired or pre15 sided over by a country the government of which the 

16 Secretary of State has determined, for purposes of 

17 section 620A of the Foreign Assistance Act of 1961, 

18 section 40 of the Arms Export Control Act, section 

19 6(j)(1) of the Export Administration Act of 1979, or 

20 any other provision of law, is a government that has 

21 repeatedly provided support for acts of international 

22 terrorism. 

23 (3) WAIVER.—The Secretary of State may 

24 waive the restriction in this subsection if the Sec25 retary determines and reports to the Committees on 
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1 Appropriations that to do so is in the national inter2 est of the United States, including a description of 

3 the national interest served. 

4 (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.— 

5 None of the funds appropriated by this Act may be made 

6 available in support of the United Nations Human Rights 

7 Council unless the Secretary of State determines and re8 ports to the Committees on Appropriations that participa9 tion in the Council is important to the national interest 

10 of the United States and that the Council is taking signifi11 cant steps to remove Israel as a permanent agenda item: 

12 Provided, That such report shall include a description of 

13 the national interest served and the steps taken to remove 

14 Israel as a permanent agenda item: Provided further, That 

15 the Secretary of State shall report to the Committees on 

16 Appropriations not later than September 30, 2018, on the 

17 resolutions considered in the United Nations Human 

18 Rights Council during the previous 12 months, and on 

19 steps taken to remove Israel as a permanent agenda item. 

20 (d) UNITED NATIONS RELIEF AND WORKS AGEN21 CY.—Not later than 45 days after enactment of this Act, 

22 the Secretary of State shall submit a report in writing to 

23 the Committees on Appropriations on whether the United 

24 Nations Relief and Works Agency (UNRWA) is— 
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1 (1) utilizing Operations Support Officers in the 

2 West Bank, Gaza, and other fields of operation to 

3 inspect UNRWA installations and reporting any in4 appropriate use; 

5 (2) acting promptly to address any staff or ben6 eficiary violation of its own policies (including the 

7 policies on neutrality and impartiality of employees) 

8 and the legal requirements under section 301(c) of 

9 the Foreign Assistance Act of 1961; 

10 (3) implementing procedures to maintain the 

11 neutrality of its facilities, including implementing a 

12 no-weapons policy, and conducting regular inspec13 tions of its installations, to ensure they are only 

14 used for humanitarian or other appropriate pur15 poses; 

16 (4) taking necessary and appropriate measures 

17 to ensure it is operating in compliance with the con18 ditions of section 301(c) of the Foreign Assistance 

19 Act of 1961 and continuing regular reporting to the 

20 Department of State on actions it has taken to en21 sure conformance with such conditions; 

22 (5) taking steps to ensure the content of all 

23 educational materials currently taught in UNRWA24 administered schools and summer camps is con-
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1 sistent with the values of human rights, dignity, and 

2 tolerance and does not induce incitement; 

3 (6) not engaging in operations with financial in4 stitutions or related entities in violation of relevant 

5 United States law, and is taking steps to improve 

6 the financial transparency of the organization; and 

7 (7) in compliance with the United Nations 

8 Board of Auditors’ biennial audit requirements and 

9 is implementing in a timely fashion the Board’s rec10 ommendations. 

11 (e) PROHIBITION OF PAYMENTS TO UNITED NA12 TIONS MEMBERS.—None of the funds appropriated or 

13 made available pursuant to titles III through VI of this 

14 Act for carrying out the Foreign Assistance Act of 1961, 

15 may be used to pay in whole or in part any assessments, 

16 arrearages, or dues of any member of the United Nations 

17 or, from funds appropriated by this Act to carry out chap18 ter 1 of part I of the Foreign Assistance Act of 1961, 

19 the costs for participation of another country’s delegation 

20 at international conferences held under the auspices of 

21 multilateral or international organizations. 

22 (f) CAPITAL PROJECTS.—None of the funds made 

23 available by this Act may be used for the design, renova24 tion, or construction of the United Nations Headquarters 

25 in New York. 
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1 (g) REPORT.—Not later than 45 days after enact2 ment of this Act, the Secretary of State shall submit a 

3 report to the Committees on Appropriations detailing the 

4 amount of funds available for obligation or expenditure in 

5 fiscal year 2018 for contributions to any organization, de6 partment, agency, or program within the United Nations 

7 system or any international program that are withheld 

8 from obligation or expenditure due to any provision of law: 

9 Provided, That the Secretary of State shall update such 

10 report each time additional funds are withheld by oper11 ation of any provision of law: Provided further, That the 

12 reprogramming of any withheld funds identified in such 

13 report, including updates thereof, shall be subject to prior 

14 consultation with, and the regular notification procedures 

15 of, the Committees on Appropriations. 

16 (h) SEXUAL EXPLOITATION AND ABUSE IN PEACE17 KEEPING OPERATIONS.— 

18 (1) IN GENERAL.—Funds appropriated by this 

19 Act shall be made available to implement section 

20 301 of the Department of State Authorities Act, 

21 Fiscal Year 2017 (Public Law 114–323). 

22 (2) WITHHOLDING OF FUNDS.—The Secretary 

23 of State shall withhold assistance to any unit of the 

24 security forces of a foreign country if the Secretary 

25 has credible information that such unit has engaged 
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1 in sexual exploitation or abuse, including while serv2 ing in a United Nations peacekeeping operation, 

3 until the Secretary determines that the government 

4 of such country is taking effective steps to bring the 

5 responsible members of such unit to justice and to 

6 prevent future incidents: Provided, That the Sec7 retary shall promptly notify the government of each 

8 country subject to any withholding of assistance pur9 suant to this paragraph, and shall notify the appro10 priate congressional committees of such withholding 

11 not later than 10 days after a determination to with12 hold such assistance is made: Provided further, That 

13 the Secretary shall, to the maximum extent prac14 ticable, assist such government in bringing the re15 sponsible members of such unit to justice. 

16 (3) The Secretary of State may waive the re17 quirements of paragraph (2), if the Secretary deter18 mines and reports to the Committees on Appropria19 tions that it is important to the national security in20 terest of the United States to do so, and includes a 

21 justification for such a waiver. 

22 (i) ADDITIONAL AVAILABILITY.—Funds appropriated 

23 under title I of this Act which are returned or not made 

24 available due to the implementation of subsection (a) or 

25 the second proviso under the heading ‘‘Contributions for 
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1 International Peacekeeping Activities’’ of such title shall 

2 remain available for obligation until September 30, 2019. 

3 (j) NATIONAL SECURITY INTEREST WITH4 HOLDING.— 

5 (1) WITHHOLDING.—The Secretary of State 

6 shall withhold 5 percent of the funds appropriated 

7 by this Act under the heading ‘‘Contributions to 

8 International Organizations’’ for a specialized agen9 cy or other entity of the United Nations if the Sec10 retary, in consultation with the United States Am11 bassador to the United Nations, determines and re12 ports to the Committees on Appropriations that such 

13 agency or entity has taken an official action that is 

14 against the national security interest of the United 

15 States or an ally of the United States, including 

16 Israel. 

17 (2) RELEASE OF FUNDS.—The Secretary of 

18 State, in consultation with the United States Am19 bassador to the United Nations, may release funds 

20 withheld pursuant to paragraph (1) if the Secretary 

21 determines and reports to the Committees on Appro22 priations that such agency or entity is taking steps 

23 to address the action that resulted in the with24 holding of such funds. 
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1 (3) REPROGRAMMING.—Should the Secretary of 

2 State be unable to make a determination pursuant 

3 to paragraph (2) regarding the release of withheld 

4 funds, such funds may be reprogrammed for other 

5 purposes under the heading ‘‘Contributions to Inter6 national Organizations’’. 

7 COMMUNITY-BASED POLICE ASSISTANCE

8 SEC. 7049. Funds made available by titles III and 

9 IV of this Act to carry out the provisions of chapter 1 

10 of part I and chapters 4 and 6 of part II of the Foreign 

11 Assistance Act of 1961, may be used, notwithstanding sec12 tion 660 of that Act, to enhance the effectiveness and ac13 countability of civilian police authority through training 

14 and technical assistance in human rights, the rule of law, 

15 anti-corruption, strategic planning, and through assist16 ance to foster civilian police roles that support democratic 

17 governance, including assistance for programs to prevent 

18 conflict, respond to disasters, address gender-based vio19 lence, and foster improved police relations with the com20 munities they serve. 

21 PROHIBITION ON PUBLICITY OR PROPAGANDA

22 SEC. 7050. No part of any appropriation contained 

23 in this Act shall be used for publicity or propaganda pur24 poses within the United States not authorized before the 

25 date of the enactment of this Act by Congress: Provided, 
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1 That not to exceed $25,000 may be made available to 

2 carry out the provisions of section 316 of the International 

3 Security and Development Cooperation Act of 1980 (Pub4 lic Law 96–533; 22 U.S.C. 2151a note). 

5 INTERNATIONAL CONFERENCES

6 SEC. 7051. None of the funds made available in this 

7 Act may be used to send or otherwise pay for the attend8 ance of more than 50 employees of agencies or depart9 ments of the United States Government who are stationed 

10 in the United States, at any single international con11 ference occurring outside the United States, unless the 

12 Secretary of State reports to the Committees on Appro13 priations at least 5 days in advance that such attendance 

14 is important to the national interest: Provided, That for 

15 purposes of this section the term ‘‘international con16 ference’’ shall mean a conference attended by representa17 tives of the United States Government and of foreign gov18 ernments, international organizations, or nongovern19 mental organizations. 

20 AIRCRAFT TRANSFER, COORDINATION, AND USE

21 SEC. 7052. (a) TRANSFER AUTHORITY.—Notwith22 standing any other provision of law or regulation, aircraft 

23 procured with funds appropriated by this Act and prior 

24 Acts making appropriations for the Department of State, 

25 foreign operations, and related programs under the head-
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1 ings ‘‘Diplomatic and Consular Programs’’, ‘‘International 

2 Narcotics Control and Law Enforcement’’, ‘‘Andean 

3 Counterdrug Initiative’’, and ‘‘Andean Counterdrug Pro4 grams’’ may be used for any other program and in any 

5 region: Provided, That the responsibility for policy deci6 sions and justification for the use of such transfer author7 ity shall be the responsibility of the Secretary of State and 

8 the Deputy Secretary of State and this responsibility shall 

9 not be delegated. 

10 (b) PROPERTY DISPOSAL.—The authority provided 

11 in subsection (a) shall apply only after the Secretary of 

12 State determines and reports to the Committees on Appro13 priations that the equipment is no longer required to meet 

14 programmatic purposes in the designated country or re15 gion: Provided, That any such transfer shall be subject 

16 to prior consultation with, and the regular notification 

17 procedures of, the Committees on Appropriations. 

18 (c) AIRCRAFT COORDINATION.— 

19 (1) AUTHORITY.—The uses of aircraft pur20 chased or leased by the Department of State and the 

21 United States Agency for International Development 

22 with funds made available in this Act or prior Acts 

23 making appropriations for the Department of State, 

24 foreign operations, and related programs shall be co25 ordinated under the authority of the appropriate 
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1 Chief of Mission: Provided, That such aircraft may 

2 be used to transport, on a reimbursable or non-reim3 bursable basis, Federal and non-Federal personnel 

4 supporting Department of State and USAID pro5 grams and activities: Provided further, That official 

6 travel for other agencies for other purposes may be 

7 supported on a reimbursable basis, or without reim8 bursement when traveling on a space available basis: 

9 Provided further, That funds received by the Depart10 ment of State in connection with the use of aircraft 

11 owned, leased, or chartered by the Department of 

12 State may be credited to the Working Capital Fund 

13 of the Department and shall be available for ex14 penses related to the purchase, lease, maintenance, 

15 chartering, or operation of such aircraft. 

16 (2) SCOPE.—The requirement and authorities 

17 of this subsection shall only apply to aircraft, the 

18 primary purpose of which is the transportation of 

19 personnel. 

20 (d) AIRCRAFT OPERATIONS AND MAINTENANCE.— 

21 To the maximum extent practicable, the costs of oper22 ations and maintenance, including fuel, of aircraft funded 

23 by this Act shall be borne by the recipient country. 
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1 PARKING FINES AND REAL PROPERTY TAXES OWED BY

2 FOREIGN GOVERNMENTS

3 SEC. 7053. The terms and conditions of section 7055 

4 of the Department of State, Foreign Operations, and Re5 lated Programs Appropriations Act, 2011 (division F of 

6 Public Law 111–117; 123 Stat. 3378) shall apply to this 

7 Act: Provided, That the date ‘‘September 30, 2009’’ in 

8 subsection (f)(2)(B) of such section shall be deemed to be 

9 ‘‘September 30, 2017’’. 

10 LANDMINES AND CLUSTER MUNITIONS

11 SEC. 7054. (a) LANDMINES.—Notwithstanding any 

12 other provision of law, demining equipment available to 

13 the United States Agency for International Development 

14 and the Department of State and used in support of the 

15 clearance of landmines and unexploded ordnance for hu16 manitarian purposes may be disposed of on a grant basis 

17 in foreign countries, subject to such terms and conditions 

18 as the Secretary of State may prescribe. 

19 (b) CLUSTER MUNITIONS.—No military assistance 

20 shall be furnished for cluster munitions, no defense export 

21 license for cluster munitions may be issued, and no cluster 

22 munitions or cluster munitions technology shall be sold or 

23 transferred, unless— 

24 (1) the submunitions of the cluster munitions, 

25 after arming, do not result in more than 1 percent 
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1 unexploded ordnance across the range of intended 

2 operational environments, and the agreement appli3 cable to the assistance, transfer, or sale of such clus4 ter munitions or cluster munitions technology speci5 fies that the cluster munitions will only be used 

6 against clearly defined military targets and will not 

7 be used where civilians are known to be present or 

8 in areas normally inhabited by civilians; or 

9 (2) such assistance, license, sale, or transfer is 

10 for the purpose of demilitarizing or permanently dis11 posing of such cluster munitions. 

12 CONTINUOUS SUPERVISION AND GENERAL DIRECTION OF

13 ECONOMIC AND MILITARY ASSISTANCE

14 SEC. 7055. (a) Under the direction of the President, 

15 the Secretary of State shall be responsible for the contin16 uous supervision and general direction of economic assist17 ance, law enforcement and justice sector assistance, mili18 tary assistance, and military education and training pro19 grams, including determining whether there shall be a 

20 military assistance (including civic action) or a military 

21 education and training program for a country and the 

22 value thereof, to the end that such programs are effec23 tively integrated both at home and abroad and the foreign 

24 policy of the United States is best served thereby. 
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1 (b) Consistent with section 481(b) of the Foreign As2 sistance Act of 1961, the Secretary of State shall be re3 sponsible for coordinating all assistance provided by the 

4 United States Government to support international efforts 

5 to combat illicit narcotics production or trafficking: Pro6 vided, That the provision of assistance by the Department 

7 of Defense which is comparable to assistance that may be 

8 made available by this Act under the heading ‘‘Inter9 national Narcotics Control and Law Enforcement’’ shall 

10 be provided in a manner consistent with the requirements 

11 of section 333(b) of title 10, United States Code, as added 

12 by section 1241 of the National Defense Authorization Act 

13 for Fiscal Year 2017 (Public Law 114–328). 

14 INTERNATIONAL FAMILY PLANNING AND REPRODUCTIVE

15 HEALTH

16 SEC. 7056. (a) ASSISTANCE FOR FOREIGN NON17 GOVERNMENTAL ORGANIZATIONS.—The Foreign Assist18 ance Act of 1961 (22 U.S.C. 2151 et seq.) is amended 

19 by inserting after section 104C the following: 

20 ‘‘SEC. 104D. ELIGIBILITY FOR ASSISTANCE. 

21 ‘‘Notwithstanding any other provision of law, regula22 tion, or policy, in determining eligibility for assistance au23 thorized under sections 104, 104A, 104B, and 104C, a 

24 foreign nongovernmental organization— 
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1 ‘‘(1) shall not be ineligible for such assistance 

2 solely on the basis of health or medical services, in3 cluding counseling and referral services, provided by 

4 such organization with non-United States Govern5 ment funds if such services— 

6 ‘‘(A) are permitted in the country in which 

7 they are being provided; and 

8 ‘‘(B) would not violate United States law if 

9 provided in the United States; and 

10 ‘‘(2) shall not be subject to requirements relat11 ing to the use of non-United States Government 

12 funds for advocacy and lobbying activities other than 

13 those that apply to United States nongovernmental 

14 organizations receiving assistance under this part.’’. 

15 (b) UNITED NATIONS POPULATION FUND.— 

16 (1) CONTRIBUTION.—Of the funds appropriated 

17 by this Act under the heading ‘‘International Orga18 nizations and Programs’’, not less than $37,500,000 

19 shall be made available for the United Nations Pop20 ulation Fund (referred to in this subsection as 

21 ‘‘UNFPA’’). 

22 (2) AVAILABILITY OF FUNDS.—Funds appro23 priated for UNFPA under this Act that are not 

24 made available for UNFPA because of the operation 

25 of any provision of law— 
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1 (A) shall be transferred to, and merged 

2 with, funds appropriated under the heading 

3 ‘‘Global Health Programs’’; and 

4 (B) shall be made available for family 

5 planning, maternal, and reproductive health ac6 tivities, subject to the regular notification pro7 cedures of the Committees on Appropriations. 

8 (3) PROHIBITION ON USE OF FUNDS IN

9 CHINA.—None of the funds made available under 

10 this Act may be used by UNFPA for a country pro11 gram in the People’s Republic of China. 

12 (4) CONDITIONS ON AVAILABILITY OF

13 FUNDS.—Funds made available under this Act for 

14 UNFPA may not be made available unless— 

15 (A) UNFPA maintains funds received 

16 under this Act in an account separate from 

17 other UNFPA accounts and does not com18 mingle such funds with other funds; and 

19 (B) UNFPA does not fund abortions. 

20 UNITED STATES AGENCY FOR INTERNATIONAL

21 DEVELOPMENT MANAGEMENT

22 SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of 

23 the funds made available in title III of this Act pursuant 

24 to or to carry out the provisions of part I of the Foreign 

25 Assistance Act of 1961, including funds appropriated 
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1 under the heading ‘‘Assistance for Europe, Eurasia and 

2 Central Asia’’, may be used by the United States Agency 

3 for International Development to hire and employ individ4 uals in the United States and overseas on a limited ap5 pointment basis pursuant to the authority of sections 308 

6 and 309 of the Foreign Service Act of 1980 (22 U.S.C. 

7 3948 and 3949). 

8 (b) RESTRICTIONS.— 

9 (1) The number of individuals hired in any fis10 cal year pursuant to the authority contained in sub11 section (a) may not exceed 175. 

12 (2) The authority to hire individuals contained 

13 in subsection (a) shall expire on September 30, 

14 2019. 

15 (c) CONDITIONS.—The authority of subsection (a) 

16 should only be used to the extent that an equivalent num17 ber of positions that are filled by personal services contrac18 tors or other non-direct hire employees of USAID, who 

19 are compensated with funds appropriated to carry out part 

20 I of the Foreign Assistance Act of 1961, including funds 

21 appropriated under the heading ‘‘Assistance for Europe, 

22 Eurasia and Central Asia’’, are eliminated. 

23 (d) PROGRAM ACCOUNT CHARGED.—The account 

24 charged for the cost of an individual hired and employed 

25 under the authority of this section shall be the account 
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1 to which the responsibilities of such individual primarily 

2 relate: Provided, That funds made available to carry out 

3 this section may be transferred to, and merged with, funds 

4 appropriated by this Act in title II under the heading ‘‘Op5 erating Expenses’’. 

6 (e) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi7 viduals hired and employed by USAID, with funds made 

8 available in this Act or prior Acts making appropriations 

9 for the Department of State, foreign operations, and re10 lated programs, pursuant to the authority of section 309 

11 of the Foreign Service Act of 1980 (22 U.S.C. 3948), may 

12 be extended for a period of up to 4 years notwithstanding 

13 the limitation set forth in such section. 

14 (f) DISASTER SURGE CAPACITY.—Funds appro15 priated under title III of this Act to carry out part I of 

16 the Foreign Assistance Act of 1961, including funds ap17 propriated under the heading ‘‘Assistance for Europe, 

18 Eurasia and Central Asia’’, may be used, in addition to 

19 funds otherwise available for such purposes, for the cost 

20 (including the support costs) of individuals detailed to or 

21 employed by USAID whose primary responsibility is to 

22 carry out programs in response to natural disasters, or 

23 man-made disasters subject to the regular notification 

24 procedures of the Committees on Appropriations. 
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1 (g) PERSONAL SERVICES CONTRACTORS.—Funds ap2 propriated by this Act to carry out chapter 1 of part I, 

3 chapter 4 of part II, and section 667 of the Foreign As4 sistance Act of 1961, and title II of the Food for Peace 

5 Act (7 U.S.C. 1721 et seq.), may be used by USAID to 

6 employ up to 40 personal services contractors in the 

7 United States, notwithstanding any other provision of law, 

8 for the purpose of providing direct, interim support for 

9 new or expanded overseas programs and activities man10 aged by the agency until permanent direct hire personnel 

11 are hired and trained: Provided, That not more than 15 

12 of such contractors shall be assigned to any bureau or of13 fice: Provided further, That such funds appropriated to 

14 carry out title II of the Food for Peace Act (7 U.S.C. 

15 1721 et seq.), may be made available only for personal 

16 services contractors assigned to the Office of Food for 

17 Peace. 

18 (h) SMALL BUSINESS.—In entering into multiple 

19 award indefinite-quantity contracts with funds appro20 priated by this Act, USAID may provide an exception to 

21 the fair opportunity process for placing task orders under 

22 such contracts when the order is placed with any category 

23 of small or small disadvantaged business. 

24 (i) SENIOR FOREIGN SERVICE LIMITED APPOINT25 MENTS.—Individuals hired pursuant to the authority pro-
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1 vided by section 7059(o) of the Department of State, For2 eign Operations, and Related Programs Appropriations 

3 Act, 2011 (division F of Public Law 111–117; 123 Stat. 

4 3382) may be assigned to or support programs in Afghani5 stan or Pakistan with funds made available in this Act 

6 and prior Acts making appropriations for the Department 

7 of State, foreign operations, and related programs. 

8 GLOBAL HEALTH ACTIVITIES

9 SEC. 7058. (a) IN GENERAL.—Funds appropriated 

10 by titles III and IV of this Act that are made available 

11 for global health programs including activities relating to 

12 research on, and the prevention, treatment and control of, 

13 HIV/AIDS may be made available notwithstanding any 

14 other provision of law except for provisions under the 

15 heading ‘‘Global Health Programs’’ and the United States 

16 Leadership Against HIV/AIDS, Tuberculosis, and Malaria 

17 Act of 2003 (22 U.S.C. 7601 et seq.): Provided, That of 

18 the funds appropriated under title III of this Act, not less 

19 than $585,000,000 shall be made available for family 

20 planning and reproductive health activities, including in 

21 areas where population growth threatens biodiversity and 

22 endangered species. 

23 (b) GLOBAL FUND.—Of the funds appropriated by 

24 this Act that are available for a contribution to the Global 

25 Fund to Fight AIDS, Tuberculosis and Malaria (Global 
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1 Fund), 10 percent should be withheld from obligation until 

2 the Secretary of State determines and reports to the Com3 mittees on Appropriations that the Global Fund is— 

4 (1) maintaining and implementing a policy of 

5 transparency, including the authority of the Global 

6 Fund Office of the Inspector General (OIG) to pub7 lish OIG reports on a public Web site; 

8 (2) providing sufficient resources to maintain 

9 an independent OIG that— 

10 (A) reports directly to the Board of the 

11 Global Fund; 

12 (B) maintains a mandate to conduct thor13 ough investigations and programmatic audits, 

14 free from undue interference; and 

15 (C) compiles regular, publicly published 

16 audits and investigations of financial, pro17 grammatic, and reporting aspects of the Global 

18 Fund, its grantees, recipients, sub-recipients, 

19 and Local Fund Agents; 

20 (3) effectively implementing and enforcing poli21 cies and procedures which reflect best practices for 

22 the protection of whistleblowers from retaliation, in23 cluding best practices for— 

24 (A) protection against retaliation for inter25 nal and lawful public disclosures; 
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1 (B) legal burdens of proof; 

2 (C) statutes of limitation for reporting re3 taliation; 

4 (D) access to independent adjudicative 

5 bodies, including external arbitration; and 

6 (E) results that eliminate the effects of 

7 proven retaliation; and 

8 (4) implementing the recommendations con9 tained in the Consolidated Transformation Plan ap10 proved by the Board of the Global Fund on Novem11 ber 21, 2011: 

12 Provided, That such withholding shall not be in addition 

13 to funds that are withheld from the Global Fund in fiscal 

14 year 2018 pursuant to the application of any other provi15 sion contained in this or any other Act. 

16 (c) CONTAGIOUS INFECTIOUS DISEASE OUT17 BREAKS.— 

18 (1) UNANTICIPATED AND EMERGING HEALTH

19 THREATS.—Of the unobligated balances available 

20 under the heading ‘‘Bilateral Economic Assistance’’ 

21 in title IX of the Department of State, Foreign Op22 erations, and Related Programs Appropriations Act, 

23 2015 (division J of Public Law 113–235; 128 Stat. 

24 2584)— 
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1 (A) $130,000,000 shall be available for 

2 programs to prevent, prepare for, and respond 

3 to unanticipated and emerging health threats 

4 only if the Secretary of State determines and 

5 reports to the Committees on Appropriations 

6 that it is in the national interest to respond to 

7 such threats; 

8 (B) $100,000,000 shall be available for 

9 programs to combat malaria; and 

10 (C) $20,000,000 shall be available for pro11 grams to combat tuberculosis: 

12 Provided, That amounts repurposed under this para13 graph are designated by the Congress as an emer14 gency requirement pursuant to section 

15 251(b)(2)(A)(i) of the Balanced Budget and Emer16 gency Deficit Control Act of 1985 and shall be avail17 able only if the President subsequently so designates 

18 all such amounts and transmits such designations to 

19 the Congress. 

20 (2) EXTRAORDINARY MEASURES.—If the Sec21 retary of State determines and reports to the Com22 mittees on Appropriations that an international in23 fectious disease outbreak is sustained, severe, and is 

24 spreading internationally, or that it is in the na25 tional interest to respond to a Public Health Emer-
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1 gency of International Concern, funds appropriated 

2 by this Act under the headings ‘‘Global Health Pro3 grams’’, ‘‘Development Assistance’’, ‘‘International 

4 Disaster Assistance’’, ‘‘Complex Crises Fund’’, 

5 ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, 

6 ‘‘Assistance for Europe, Eurasia and Central Asia’’, 

7 ‘‘Migration and Refugee Assistance’’, and ‘‘Millen8 nium Challenge Corporation’’ may be made available 

9 to combat such infectious disease or public health 

10 emergency, and may be transferred to, and merged 

11 with, funds appropriated under such headings for 

12 the purposes of this paragraph. 

13 (3) CONSULTATION AND NOTIFICATION.— 

14 Funds made available by this subsection shall be 

15 subject to prior consultation with, and the regular 

16 notification procedures of, the Committees on Ap17 propriations. 

18 GENDER EQUALITY

19 SEC. 7059. (a) GENDER EQUALITY.—Funds appro20 priated by this Act shall be made available to promote gen21 der equality in United States Government diplomatic and 

22 development efforts by raising the status, increasing the 

23 participation, and protecting the rights of women and girls 

24 worldwide. 
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1 (b) WOMEN’S LEADERSHIP.—Of the funds appro2 priated by title III of this Act, not less than $50,000,000 

3 shall be made available to increase leadership opportuni4 ties for women in countries where women and girls suffer 

5 discrimination due to law, policy, or practice, by strength6 ening protections for women’s political status, expanding 

7 women’s participation in political parties and elections, 

8 and increasing women’s opportunities for leadership posi9 tions in the public and private sectors at the local, provin10 cial, and national levels. 

11 (c) GENDER-BASED VIOLENCE.— 

12 (1)(A) Of the funds appropriated by titles III 

13 and IV of this Act, not less than $150,000,000 shall 

14 be made available to implement a multi-year strat15 egy to prevent and respond to gender-based violence 

16 in countries where it is common in conflict and non17 conflict settings. 

18 (B) Funds appropriated by titles III and IV of 

19 this Act that are available to train foreign police, ju20 dicial, and military personnel, including for inter21 national peacekeeping operations, shall address, 

22 where appropriate, prevention and response to gen23 der-based violence and trafficking in persons, and 

24 shall promote the integration of women into the po25 lice and other security forces. 
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1 (2) Department of State and United States 

2 Agency for International Development gender pro3 grams shall incorporate coordinated efforts to com4 bat a variety of forms of gender-based violence, in5 cluding child marriage, rape, female genital cutting 

6 and mutilation, and domestic violence, among other 

7 forms of gender-based violence in conflict and non8 conflict settings. 

9 (d) WOMEN, PEACE, AND SECURITY.—Funds appro10 priated by this Act under the headings ‘‘Development As11 sistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Eu12 rope, Eurasia and Central Asia’’, and ‘‘International Nar13 cotics Control and Law Enforcement’’ should be made 

14 available to support a multi-year strategy to expand, and 

15 improve coordination of, United States Government ef16 forts to empower women as equal partners in conflict pre17 vention, peace building, transitional processes, and recon18 struction efforts in countries affected by conflict or in po19 litical transition, and to ensure the equitable provision of 

20 relief and recovery assistance to women and girls. 

21 (e) WOMEN AND GIRLS AT RISK FROM EXTRE22 MISM.— 

23 (1) ASSISTANCE.—Of the funds appropriated by 

24 this Act under the heading ‘‘Economic Support 

25 Fund’’, not less than $19,000,000 shall be made 
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1 available to support women and girls who are at risk 

2 from extremism and conflict, and for activities to— 

3 (A) empower women and girls to counter 

4 extremism; 

5 (B) address the needs of women and girls 

6 adversely impacted by extremism and conflict; 

7 (C) document crimes committed by extrem8 ists against women and girls, and support in9 vestigations and prosecutions of such crimes, as 

10 appropriate; 

11 (D) increase the participation and influ12 ence of women in formal and informal political 

13 processes and institutions at the local level and 

14 within traditional governing structures; 

15 (E) support reconciliation programs be16 tween impacted minority, religious, and ethnic 

17 groups and the broader community; 

18 (F) develop and implement legal reforms 

19 and protections for women and girls at the na20 tional and local government levels; and 

21 (G) create and sustain networks for women 

22 and girls to collectively safeguard their rights 

23 on a regional basis. 

24 (2) CLARIFICATION AND NOTIFICATION.— 

25 Funds made available pursuant to paragraph (1)— 
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1 (A) are in addition to amounts otherwise 

2 available by this Act for such purposes; and 

3 (B) shall be made available following con4 sultation with, and subject to the regular notifi5 cation procedures of, the Committees on Appro6 priations. 

7 (f) COORDINATION.—Funds made available for the 

8 purposes of this section shall be administered in coordina9 tion with the Ambassador-at-Large for Global Women’s 

10 Issues, Department of State, and the Senior Coordinator 

11 for Gender Equality and Women’s Empowerment, 

12 USAID. 

13 SECTOR ALLOCATIONS

14 SEC. 7060. (a) BASIC EDUCATION AND HIGHER

15 EDUCATION.— 

16 (1) BASIC EDUCATION.— 

17 (A) Of the funds appropriated under title 

18 III of this Act, up to $500,000,000 may be 

19 made available for assistance for basic edu20 cation, notwithstanding any other provision of 

21 law that restricts assistance to foreign coun22 tries: Provided, That such funds may also be 

23 used for secondary education activities: Pro24 vided further, That the USAID Administrator, 

25 following consultation with the Committees on 
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1 Appropriations, may reprogram such funds be2 tween countries. 

3 (B) If the USAID Administrator deter4 mines that any unobligated balances of funds 

5 specifically designated for assistance for basic 

6 education in prior Acts making appropriations 

7 for the Department of State, foreign operations, 

8 and related programs are in excess of the ab9 sorptive capacity of recipient countries, such 

10 funds may be made available for other pro11 grams authorized under chapter 1 of part I of 

12 the Foreign Assistance Act of 1961, notwith13 standing such funding designation: Provided, 

14 That the authority of the previous proviso shall 

15 be subject to prior consultation with, and the 

16 regular notification procedures of, the Commit17 tees on Appropriations. 

18 (C) Of the funds appropriated under title 

19 III of this Act for assistance for basic education 

20 programs, not less than $75,000,000 should be 

21 made available for a contribution to multilateral 

22 partnerships that support education. 

23 (2) HIGHER EDUCATION.—Of the funds appro24 priated by title III of this Act, not less than 

25 $235,000,000 shall be made available for assistance 
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1 for higher education, including not less than 

2 $35,000,000 for new and ongoing partnerships for 

3 human and institutional capacity building between 

4 higher education institutions in the United States 

5 and developing countries: Provided, That such funds 

6 may be made available notwithstanding any other 

7 provision of law that restricts assistance to foreign 

8 countries, and shall be subject to the regular notifi9 cation procedures of the Committees on Appropria10 tions. 

11 (b) DEVELOPMENT PROGRAMS.—Of the funds appro12 priated by this Act under the heading ‘‘Development As13 sistance’’, not less than $26,000,000 shall be made avail14 able for the American Schools and Hospitals Abroad pro15 gram, and not less than $12,000,000 shall be made avail16 able for cooperative development programs of USAID. 

17 (c) ENVIRONMENT PROGRAMS.— 

18 (1) AUTHORITY AND NOTIFICATION.— 

19 (A) Funds appropriated by this Act to 

20 carry out the provisions of sections 103 through 

21 106, and chapter 4 of part II, of the Foreign 

22 Assistance Act of 1961 may be used, notwith23 standing any other provision of law, except for 

24 the provisions of this subsection, to support en25 vironment programs. 
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1 (B) Funds made available pursuant to this 

2 subsection shall be subject to the regular notifi3 cation procedures of the Committees on Appro4 priations. 

5 (2) CONSERVATION PROGRAMS AND LIMITA6 TIONS.— 

7 (A) Of the funds appropriated under title 

8 III of this Act, not less than $269,000,000 

9 shall be made available for biodiversity con10 servation programs. 

11 (B) Not less than $90,664,000 of the 

12 funds appropriated under titles III and IV of 

13 this Act shall be made available to combat the 

14 transnational threat of wildlife poaching and 

15 trafficking. 

16 (C) None of the funds appropriated under 

17 title IV of this Act may be made available for 

18 training or other assistance for any military 

19 unit or personnel that the Secretary of State 

20 determines has been credibly alleged to have 

21 participated in wildlife poaching or trafficking, 

22 unless the Secretary reports to the Committees 

23 on Appropriations that to do so is in the na24 tional security interest of the United States. 
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1 (D) Funds appropriated by this Act for 

2 biodiversity programs shall not be used to sup3 port the expansion of industrial scale logging or 

4 any other industrial scale extractive activity 

5 into areas that were primary/intact tropical for6 ests as of December 30, 2013, and the Sec7 retary of the Treasury shall instruct the United 

8 States executive directors of each international 

9 financial institutions (IFI) to vote against any 

10 financing of any such activity. 

11 (3) LARGE DAMS.—The Secretary of the Treas12 ury shall instruct the United States executive direc13 tor of each IFI that it is the policy of the United 

14 States to vote in relation to any loan, grant, strat15 egy, or policy of such institution to support the con16 struction of any large dam consistent with the cri17 teria set forth in Senate Report 114–79, while also 

18 considering whether the project involves important 

19 foreign policy objectives. 

20 (4) SUSTAINABLE LANDSCAPES.—Of the funds 

21 appropriated under title III of this Act, not less than 

22 $123,500,000 shall be made available for sustainable 

23 landscapes programs. 

24 (d) FOOD SECURITY AND AGRICULTURAL DEVELOP25 MENT.—Of the funds appropriated by title III of this Act, 
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1 not less than $1,000,600,000 shall be made available to 

2 carry out the provisions of the Global Food Security Act 

3 of 2016 (Public Law 114–195), of which: not less than 

4 $315,960,000 shall be made available for the Bureau for 

5 Food Security, USAID, including not less than 

6 $80,000,000 for the Community Development Fund; and 

7 not less than $50,000,000 shall be made available for the 

8 Feed the Future Innovation Labs: Provided, That funds 

9 may be made available for a contribution as authorized 

10 by section 3202 of the Food, Conservation, and Energy 

11 Act of 2008 (Public Law 110–246), as amended by section 

12 3206 of the Agricultural Act of 2014 (Public Law 113– 

13 79). 

14 (e) MICROENTERPRISE AND MICROFINANCE.—Of the 

15 funds appropriated by this Act, not less than 

16 $265,000,000 should be made available for microenter17 prise and microfinance development programs for the 

18 poor, especially women. 

19 (f) PROGRAMS TO COMBAT TRAFFICKING IN PER20 SONS.—Of the funds appropriated by this Act under the 

21 headings ‘‘Development Assistance’’, ‘‘Economic Support 

22 Fund’’, ‘‘Assistance for Europe, Eurasia and Central 

23 Asia’’, and ‘‘International Narcotics Control and Law En24 forcement’’, not less than $65,000,000 shall be made 

25 available for activities to combat trafficking in persons 
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1 internationally, of which not less than $40,000,000 shall 

2 be from funds made available under the heading ‘‘Inter3 national Narcotics Control and Law Enforcement’’: Pro4 vided, That not later than 120 days after enactment of 

5 this Act, the Secretary of State shall submit an update 

6 to the report required pursuant to section 7060(f)(1) of 

7 the Department of State, Foreign Operations, and Related 

8 Programs Appropriations Act, 2017 (division J of Public 

9 Law 115–31). 

10 (g) RECONCILIATION PROGRAMS.—Of the funds ap11 propriated by this Act under the headings ‘‘Economic 

12 Support Fund’’, ‘‘Assistance for Europe, Eurasia and 

13 Central Asia’’, and ‘‘Development Assistance’’, not less 

14 than $26,000,000 shall be made available to support peo15 ple-to-people reconciliation programs which bring together 

16 individuals of different ethnic, religious, and political 

17 backgrounds from areas of civil strife and war: Provided, 

18 That the USAID Administrator shall consult with the 

19 Committees on Appropriations, prior to the initial obliga20 tion of funds, on the uses of such funds, and such funds 

21 shall be subject to the regular notification procedures of 

22 the Committees on Appropriations: Provided further, That 

23 to the maximum extent practicable, such funds shall be 

24 matched by sources other than the United States Govern25 ment: Provided further, That such funds shall be adminis-
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1 tered by the Office of Conflict Management and Mitigaton, 

2 USAID. 

3 (h) WATER AND SANITATION.—Of the funds appro4 priated by this Act, not less than $400,000,000 shall be 

5 made available for water supply and sanitation projects 

6 pursuant to the Senator Paul Simon Water for the Poor 

7 Act of 2005 (Public Law 109–121), of which not less than 

8 $145,000,000 shall be for programs in sub-Saharan Afri9 ca, and of which not less than $15,000,000 shall be made 

10 available to support initiatives by local communities in Af11 rica and Asia to build and maintain safe, public latrines, 

12 which shall be in addition to any other funds made avail13 able by this Act for such purpose. 

14 OVERSEAS PRIVATE INVESTMENT CORPORATION

15 SEC. 7061. (a) TRANSFER OF FUNDS.—Whenever 

16 the President determines that it is in furtherance of the 

17 purposes of the Foreign Assistance Act of 1961, up to a 

18 total of $20,000,000 of the funds appropriated under title 

19 III of this Act may be transferred to, and merged with, 

20 funds appropriated by this Act for the Overseas Private 

21 Investment Corporation Program Account, to be subject 

22 to the terms and conditions of that account: Provided, 

23 That such funds shall not be available for administrative 

24 expenses of the Overseas Private Investment Corporation: 

25 Provided further, That designated funding levels in this 
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1 Act shall not be transferred pursuant to this section: Pro2 vided further, That the exercise of such authority shall be 

3 subject to the regular notification procedures of the Com4 mittees on Appropriations. 

5 (b) AUTHORITY.—Notwithstanding section 235(a)(2) 

6 of the Foreign Assistance Act of 1961, the authority of 

7 subsections (a) through (c) of section 234 of such Act 

8 shall remain in effect until September 30, 2018. 

9 ARMS TRADE TREATY

10 SEC. 7062. None of the funds appropriated by this 

11 Act may be obligated or expended to implement the Arms 

12 Trade Treaty until the Senate approves a resolution of 

13 ratification for the Treaty. 

14 INSPECTORS GENERAL

15 SEC. 7063. (a) PROHIBITION ON USE OF FUNDS.— 

16 None of the funds appropriated by this Act may be used 

17 to deny an Inspector General funded under this Act timely 

18 access to any records, documents, or other materials avail19 able to the department or agency of the United States 

20 Government over which such Inspector General has re21 sponsibilities under the Inspector General Act of 1978 (5 

22 U.S.C. App.), or to prevent or impede the access of such 

23 Inspector General to such records, documents, or other 

24 materials, under any provision of law, except a provision 

25 of law that expressly refers to such Inspector General and 
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1 expressly limits the right of access of such Inspector Gen2 eral. 

3 (b) TIMELY ACCESS.—A department or agency of the 

4 United States Government covered by this section shall 

5 provide its Inspector General access to all records, docu6 ments, and other materials in a timely manner. 

7 (c) COMPLIANCE.—Each Inspector General covered 

8 by this section shall ensure compliance with statutory limi9 tations on disclosure relevant to the information provided 

10 by the department or agency over which that Inspector 

11 General has responsibilities under the Inspector General 

12 Act of 1978 (5 U.S.C. App.). 

13 (d) REPORT.—Each Inspector General covered by 

14 this section shall report to the Committees on Appropria15 tions within 5 calendar days of any failure by any depart16 ment or agency of the United States Government to pro17 vide its Inspector General access to all requested records, 

18 documents, and other materials. 

19 REPORTING REQUIREMENTS CONCERNING INDIVIDUALS

20 DETAINED AT NAVAL STATION, GUANTA ́NAMO BAY, CUBA

21 SEC. 7064. Not later than 5 days after the conclusion 

22 of an agreement with a country, including a state with 

23 a compact of free association with the United States, to 

24 receive by transfer or release individuals detained at 

25 United States Naval Station, Guanta ́namo Bay, Cuba, the 
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1 Secretary of State shall notify the Committees on Appro2 priations in writing of the terms of the agreement, includ3 ing whether funds appropriated by this Act or prior Acts 

4 making appropriations for the Department of State, for5 eign operations, and related programs will be made avail6 able for assistance for such country pursuant to such 

7 agreement. 

8 MULTI-YEAR PLEDGES

9 SEC. 7065. None of the funds appropriated by this 

10 Act may be used to make any pledge for future year fund11 ing for any multilateral or bilateral program funded in ti12 tles III through VI of this Act unless such pledge was— 

13 (1) previously justified, including the projected 

14 future year costs, in a congressional budget justifica15 tion; 

16 (2) included in an Act making appropriations 

17 for the Department of State, foreign operations, and 

18 related programs or previously authorized by an Act 

19 of Congress; 

20 (3) notified in accordance with the regular noti21 fication procedures of the Committees on Appropria22 tions, including the projected future year costs; or 

23 (4) the subject of prior consultation with the 

24 Committees on Appropriations and such consultation 
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1 was conducted at least 7 days in advance of the 

2 pledge. 

3 PROHIBITION ON USE OF TORTURE

4 SEC. 7066. None of the funds made available in this 

5 Act may be used to support or justify the use of torture, 

6 cruel, or inhumane treatment by any official or contract 

7 employee of the United States Government. 

8 EXTRADITION

9 SEC. 7067. (a) LIMITATION.—None of the funds ap10 propriated in this Act may be used to provide assistance 

11 (other than funds provided under the headings ‘‘Inter12 national Disaster Assistance’’, ‘‘Complex Crises Fund’’, 

13 ‘‘International Narcotics Control and Law Enforcement’’, 

14 ‘‘Migration and Refugee Assistance’’, ‘‘United States 

15 Emergency Refugee and Migration Assistance Fund’’, and 

16 ‘‘Nonproliferation, Anti-terrorism, Demining and Related 

17 Assistance’’) for the central government of a country 

18 which has notified the Department of State of its refusal 

19 to extradite to the United States any individual indicted 

20 for a criminal offense for which the maximum penalty is 

21 life imprisonment without the possibility of parole or for 

22 killing a law enforcement officer, as specified in a United 

23 States extradition request. 

24 (b) CLARIFICATION.—Subsection (a) shall only apply 

25 to the central government of a country with which the 
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1 United States maintains diplomatic relations and with 

2 which the United States has an extradition treaty and the 

3 government of that country is in violation of the terms 

4 and conditions of the treaty. 

5 (c) WAIVER.—The Secretary of State may waive the 

6 restriction in subsection (a) on a case-by-case basis if the 

7 Secretary certifies to the Committees on Appropriations 

8 that such waiver is important to the national interest of 

9 the United States. 

10 COMMERCIAL LEASING OF DEFENSE ARTICLES

11 SEC. 7068. Notwithstanding any other provision of 

12 law, and subject to the regular notification procedures of 

13 the Committees on Appropriations, the authority of sec14 tion 23(a) of the Arms Export Control Act may be used 

15 to provide financing to Israel, Egypt, and the North Atlan16 tic Treaty Organization (NATO), and major non-NATO 

17 allies for the procurement by leasing (including leasing 

18 with an option to purchase) of defense articles from 

19 United States commercial suppliers, not including Major 

20 Defense Equipment (other than helicopters and other 

21 types of aircraft having possible civilian application), if the 

22 President determines that there are compelling foreign 

23 policy or national security reasons for those defense arti24 cles being provided by commercial lease rather than by 

25 government-to-government sale under such Act. 
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1 STRATEGY, REVIEW AND COUNTRY TRANSITION PLAN

2 SEC. 7069. (a) NATIONAL DIPLOMACY AND DEVEL3 OPMENT STRATEGY.— 

4 (1) Of the funds appropriated by this Act under 

5 the heading ‘‘Diplomatic and Consular Programs’’, 

6 $10,000,000 shall be withheld from obligation until 

7 the Secretary of State submits the strategy required 

8 by paragraph (2). 

9 (2) The Secretary of State, in consultation with 

10 the Administrator of the United States Agency for 

11 International Development and the heads of other 

12 relevant department and agencies, shall submit to 

13 the appropriate congressional committees a National 

14 Diplomacy and Development Strategy (NDDS) of 

15 the United States: Provided, That the NDDS shall 

16 be coordinated with, and support, the most recent 

17 national security strategy report submitted pursuant 

18 to section 108 of the National Security Act of 1947 

19 (50 U.S.C. 3043), and be integrated and coordi20 nated with the strategic plans of other relevant Fed21 eral departments and agencies, including the current 

22 National Defense Strategy required by section 941 

23 of the National Defense Authorization Act for Fiscal 

24 Year 2017 (Public Law 114–328): Provided further, 

25 That the NDDS shall include the information speci-
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1 fied under this section in the report accompanying 

2 this Act. 

3 (3) Beginning in the year after the initial 

4 NDDS is submitted under paragraph (2), the Sec5 retary of State, in consultation with the USAID Ad6 ministrator and the heads of other relevant depart7 ments and agencies of the United States Govern8 ment, shall thereafter submit to the appropriate con9 gressional committees a NDDS— 

10 (A) in any year in which a new President 

11 is inaugurated, not later than October 1 of such 

12 year; and 

13 (B) in any other year, not later than 90 

14 days after a new national security strategy is 

15 transmitted to the Congress pursuant to section 

16 108 of the National Security Act of 1947 (50 

17 U.S.C. 3043): 

18 Provided, That for the purposes of meeting the re19 quirements of paragraphs (2) and (3), the agency 

20 strategic plans required by section 306 of title 5 

21 United States Code, may be used to inform the de22 velopment of the NDDS. 

23 (b) QUADRENNIAL DIPLOMACY AND DEVELOPMENT

24 REVIEW.—Not later than January 31, 2019, the Sec25 retary of State shall submit to the appropriate congres-
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1 sional committees an update to the Quadrennial Diplo2 macy and Development Review, 2015. 

3 (c) COUNTRY TRANSITION PLAN.—Any bilateral 

4 country assistance strategy developed after the date of en5 actment of this Act for the provision of assistance for a 

6 foreign country in this fiscal year shall include a transition 

7 plan identifying end goals and options for winding down, 

8 within a targeted period of years, such bilateral assistance: 

9 Provided, That such transition plan shall be developed by 

10 the Secretary of State, in consultation with the USAID 

11 Administrator, the heads of other relevant departments 

12 and agencies of the United States Government, and offi13 cials of such foreign government and representatives of 

14 civil society, as appropriate. 

15 COUNTERING RUSSIAN INFLUENCE AND AGGRESSION

16 SEC. 7070. (a) LIMITATION.—None of the funds ap17 propriated by this Act may be made available for assist18 ance for the central Government of the Russian Federa19 tion. 

20 (b) ANNEXATION OF CRIMEA.— 

21 (1) None of the funds appropriated by this Act 

22 may be made available for assistance for the central 

23 government of a country that the Secretary of State 

24 determines and reports to the Committees on Appro25 priations has taken affirmative steps intended to 
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1 support or be supportive of the Russian Federation 

2 annexation of Crimea or other territory in Ukraine: 

3 Provided, That except as otherwise provided in sub4 section (a), the Secretary may waive the restriction 

5 on assistance required by this paragraph if the Sec6 retary determines and reports to such Committees 

7 that to do so is in the national interest of the United 

8 States, and includes a justification for such interest. 

9 (2) None of the funds appropriated by this Act 

10 may be made available for— 

11 (A) the implementation of any action or 

12 policy that recognizes the sovereignty of the 

13 Russian Federation over Crimea or other terri14 tory in Ukraine; 

15 (B) the facilitation, financing, or guarantee 

16 of United States Government investments in 

17 Crimea or other territory in Ukraine under the 

18 control of Russian-backed separatists, if such 

19 activity includes the participation of Russian 

20 Government officials, or other Russian owned 

21 or controlled financial entities; or 

22 (C) assistance for Crimea or other terri23 tory in Ukraine under the control of Russian24 backed separatists, if such assistance includes 

25 the participation of Russian Government offi-
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1 cials, or other Russian owned or controlled fi2 nancial entities. 

3 (3) The Secretary of the Treasury shall instruct 

4 the United States executive directors of each inter5 national financial institution to vote against any as6 sistance by such institution (including any loan, 

7 credit, or guarantee) for any program that violates 

8 the sovereignty or territorial integrity of Ukraine. 

9 (4) The requirements and limitations of this 

10 subsection shall cease to be in effect if the Secretary 

11 of State determines and reports to the Committees 

12 on Appropriations that the Government of Ukraine 

13 has reestablished sovereignty over Crimea and other 

14 territory in Ukraine under the control of Russian15 backed separatists. 

16 (c) OCCUPATION OF THE GEORGIAN TERRITORIES OF

17 ABKHAZIA AND TSKHINVALI REGION/SOUTH OSSETIA.— 

18 (1) None of the funds appropriated by this Act 

19 may be made available for assistance for the central 

20 government of a country that the Secretary of State 

21 determines and reports to the Committees on Appro22 priations has recognized the independence of, or has 

23 established diplomatic relations with, the Russian oc24 cupied Georgian territories of Abkhazia and 

25 Tskhinvali Region/South Ossetia: Provided, That the 
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1 Secretary shall publish on the Department of State 

2 Web site a list of any such central governments in 

3 a timely manner: Provided further, That the Sec4 retary may waive the restriction on assistance re5 quired by this paragraph if the Secretary determines 

6 and reports to the Committees on Appropriations 

7 that to do so is in the national interest of the United 

8 States, and includes a justification for such interest. 

9 (2) None of the funds appropriated by this Act 

10 may be made available to support the Russian occu11 pation of the Georgian territories of Abkhazia and 

12 Tskhinvali Region/South Ossetia. 

13 (3) The Secretary of the Treasury shall instruct 

14 the United States executive directors of each inter15 national financial institution to vote against any as16 sistance by such institution (including any loan, 

17 credit, or guarantee) for any program that violates 

18 the sovereignty and territorial integrity of Georgia. 

19 (d) ASSISTANCE TO COUNTER INFLUENCE AND AG20 GRESSION.— 

21 (1) Of the funds appropriated by this Act under 

22 the headings ‘‘Assistance for Europe, Eurasia and 

23 Central Asia’’, ‘‘International Narcotics Control and 

24 Law Enforcement’’, and ‘‘Foreign Military Financ25 ing Program’’, not less than $120,000,000 shall be 
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1 made available for assistance to counter Russian in2 fluence and aggression in countries in Europe and 

3 Eurasia through the Countering Russian Influence 

4 Fund (the Fund), as described in section 7070(d) of 

5 the Department of State, Foreign Operations, and 

6 Related Programs Appropriations Act, 2017 (divi7 sion J of Public Law 115–31): Provided, That such 

8 funds shall be in addition to amounts made available 

9 for bilateral assistance for such countries: Provided 

10 further, That not less than $15,000,000 of such 

11 funds shall be transferred to, and merged with, 

12 funds appropriated by this Act under the heading 

13 ‘‘Educational and Cultural Exchange Programs’’ for 

14 purposes consistent with this subsection. 

15 (2) Funds appropriated by this Act and made 

16 available for assistance for the Eastern Partnership 

17 countries shall be made available to advance the im18 plementation of Association Agreements and trade 

19 agreements with the European Union, and to reduce 

20 their vulnerability to external economic and political 

21 pressure from the Russian Federation. 

22 (e) DEMOCRACY PROGRAMS.—Funds appropriated by 

23 this Act shall be made available to support democracy pro24 grams in the Russian Federation, including to promote 

25 Internet freedom, and shall also be made available to sup-
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1 port the democracy and rule of law strategy required by 

2 section 7071(d) of the Department of State, Foreign Op3 erations, and Related Programs Appropriations Act, 2014 

4 (division K of Public Law 113–76; 128 Stat. 560). 

5 INTERNATIONAL MONETARY FUND

6 SEC. 7071. (a) EXTENSIONS.—The terms and condi7 tions of sections 7086(b) (1) and (2) and 7090(a) of the 

8 Department of State, Foreign Operations, and Related 

9 Programs Appropriations Act, 2010 (division F of Public 

10 Law 111–117) shall apply to this Act. 

11 (b) REPAYMENT.—The Secretary of the Treasury 

12 shall instruct the United States Executive Director of the 

13 International Monetary Fund (IMF) to seek to ensure 

14 that any loan will be repaid to the IMF before other pri15 vate creditors. 

16 SPECIAL DEFENSE ACQUISITION FUND

17 SEC. 7072. Not to exceed $900,000,000 may be obli18 gated pursuant to section 51(c)(2) of the Arms Export 

19 Control Act for the purposes of the Special Defense Acqui20 sition Fund (the Fund), to remain available for obligation 

21 until September 30, 2020: Provided, That the provision 

22 of defense articles and defense services to foreign coun23 tries or international organizations from the Fund shall 

24 be subject to the concurrence of the Secretary of State. 
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1 STABILITY AND DEVELOPMENT IN REGIONS IMPACTED BY

2 EXTREMISM AND CONFLICT

3 SEC. 7073. (a) COUNTERING FOREIGN FIGHTERS

4 AND EXTREMIST ORGANIZATIONS.—Funds appropriated 

5 under titles III and IV of this Act shall be made available 

6 for programs and activities to counter and defeat violent 

7 extremism and foreign fighters abroad, consistent with the 

8 strategy required by section 7073(a)(1) of the Department 

9 of State, Foreign Operations, and Related Programs Ap10 propriations Act, 2017 (division J of Public Law 115–31): 

11 Provided, That the Secretary of State shall ensure such 

12 programs are coordinated with and complement the efforts 

13 of other United States Government agencies and inter14 national partners, and that information gained through 

15 the conduct of such programs is shared in a timely manner 

16 with relevant departments and agencies of the United 

17 States Government and other international partners, as 

18 appropriate. 

19 (b) COUNTRIES IMPACTED BY SIGNIFICANT REF20 UGEE POPULATIONS OR INTERNALLY DISPLACED PER21 SONS.— 

22 (1) USES OF FUNDS.—Funds appropriated by 

23 this Act under the headings ‘‘Development Assist24 ance’’ and ‘‘Economic Support Fund’’ shall be made 

25 available for programs in countries affected by sig-
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1 nificant populations of internally displaced persons 

2 or refugees to— 

3 (A) expand and improve host government 

4 social services and basic infrastructure to ac5 commodate the needs of such populations and 

6 persons; 

7 (B) alleviate the social and economic 

8 strains placed on host communities, including 

9 through programs to promote livelihoods, voca10 tional training, and formal and informal edu11 cation; 

12 (C) improve coordination of such assist13 ance in a more effective and sustainable man14 ner; and 

15 (D) leverage increased assistance from do16 nors other than the United States Government 

17 for central governments and local communities 

18 in such countries: 

19 Provided, That the Secretary of State shall periodically in20 form the Committees on Appropriations of the amount 

21 and specific uses of funds made available for the purposes 

22 of this subsection. 

23 (2) GLOBAL CRISIS RESPONSE PLATFORM.— 

24 Funds appropriated by this Act under the heading 

25 ‘‘Economic Support Fund’’ shall be made available 
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1 for the Global Crises Response Platform of the 

2 World Bank to provide low- and middle-income 

3 countries hosting large refugee populations access to 

4 financing on favorable terms for projects to benefit 

5 both refugees and their host communities: Provided, 

6 That such funds may only be made available fol7 lowing consultation with the Committees on Appro8 priations. 

9 (c) FRAGILE STATES AND EXTREMISM.—Funds ap10 propriated by this Act shall be made available to imple11 ment the comprehensive plan required by section 7080 of 

12 the Department of State, Foreign Operations, and Related 

13 Programs Appropriations Act, 2017 (division J of Public 

14 Law 115-31). 

15 ENTERPRISE FUNDS

16 SEC. 7074. (a) NOTIFICATION.—None of the funds 

17 made available under titles III through VI of this Act may 

18 be made available for Enterprise Funds unless the appro19 priate congressional committees are notified at least 15 

20 days in advance. 

21 (b) DISTRIBUTION OF ASSETS PLAN.—Prior to the 

22 distribution of any assets resulting from any liquidation, 

23 dissolution, or winding up of an Enterprise Fund, in whole 

24 or in part, the President shall submit to the appropriate 
324 

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1 congressional committees a plan for the distribution of the 

2 assets of the Enterprise Fund. 

3 (c) TRANSITION OR OPERATING PLAN.—Prior to a 

4 transition to and operation of any private equity fund or 

5 other parallel investment fund under an existing Enter6 prise Fund, the President shall submit such transition or 

7 operating plan to the appropriate congressional commit8 tees. 

9 USE OF FUNDS IN CONTRAVENTION OF THIS ACT

10 SEC. 7075. If the President makes a determination 

11 not to comply with any provision of this Act on constitu12 tional grounds, the head of the relevant Federal depart13 ment or agency shall notify the Committees on Appropria14 tions in writing within 5 days of such determination, the 

15 justification for such determination, and any resulting 

16 changes to program and policy. 

17 BUDGET DOCUMENTS

18 SEC. 7076. (a) OPERATING AND REORGANIZATION

19 PLANS.— 

20 (1) Not later than 45 days after the date of en21 actment of this Act, each department, agency, or or22 ganization funded in titles I, II, and VI of this Act, 

23 and the Department of the Treasury and Inde24 pendent Agencies funded in title III of this Act, in25 cluding the Inter-American Foundation and the 
325 

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1 United States African Development Foundation, 

2 shall submit to the Committees on Appropriations 

3 an operating plan for funds appropriated to such de4 partment, agency, or organization in such titles of 

5 this Act, or funds otherwise available for obligation 

6 in fiscal year 2018, that provides details of the uses 

7 of such funds at the program, project, and activity 

8 level: Provided, That such plans shall include, as ap9 plicable, a comparison between the congressional 

10 budget justification funding levels, the most recent 

11 congressional directives or approved funding levels, 

12 and the funding levels proposed by the department 

13 or agency; and a clear, concise, and informative de14 scription/justification: Provided further, That oper15 ating plans that include changes in levels of funding 

16 for programs, projects, and activities specified in the 

17 congressional budget justification, in this Act, or 

18 amounts specifically designated in the respective ta19 bles included in the report accompanying this Act, 

20 as applicable, shall be subject to the notification and 

21 reprogramming requirements of section 7015 of this 

22 Act. 

23 (2) Concurrent with the submission of an oper24 ating plan pursuant to paragraph (1), each covered 

25 department, agency, or organization shall submit to 
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1 the Committees on Appropriations a report detailing 

2 any planned reorganization of such department, 

3 agency, or organization, including any action 

4 planned pursuant to the March 31, 2017 Executive 

5 Order 13781 on a Comprehensive Plan for Reorga6 nizing the Executive Branch, including— 

7 (A) a detailed organization chart, including 

8 a brief description of each operating unit; 

9 (B) the number of employees for each op10 erating unit; 

11 (C) the current policy for supporting the 

12 operations of the National Security Council 

13 (NSC) through the detail of agency staff, in14 cluding staff projected to be detailed to the 

15 NSC during fiscal year 2019, if applicable; 

16 (D) a detailed explanation of the plan, in17 cluding any policies and procedures currently or 

18 expected to be used to comply with Executive 

19 Order 13781; and 

20 (E) an assessment of how national security 

21 interests will be served by any proposed reorga22 nizations. 

23 (b) SPEND PLANS.— 

24 (1) Prior to the initial obligation of funds, the 

25 Secretary of State or Administrator of the United 
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1 States Agency for International Development, as ap2 propriate, shall submit to the Committees on Appro3 priations a spend plan for funds made available by 

4 this Act, for— 

5 (A) assistance for Afghanistan, Iraq, Leb6 anon, Pakistan, and the West Bank and Gaza; 

7 (B) assistance made available pursuant to 

8 section 7070(d) of this Act to counter Russian 

9 influence and aggression, except that such plan 

10 shall be on a country-by-country basis; 

11 (C) Power Africa and the regional security 

12 initiatives listed under this section in the report 

13 accompanying this Act: Provided, That the 

14 spend plan for such initiatives shall include the 

15 amount of assistance planned for each country 

16 by account, to the maximum extent practicable; 

17 and 

18 (D) democracy programs, programs to sup19 port section 7073(a) of this Act, and sectors 

20 enumerated in subsections (a), (c), (d), (e), (f), 

21 (g), and (h) of section 7060 of this Act. 

22 (2) Not later than 45 days after enactment of 

23 this Act, the Secretary of the Treasury shall submit 

24 to the Committees on Appropriations a detailed 

25 spend plan for funds made available by this Act 
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1 under the heading ‘‘Department of the Treasury, 

2 International Affairs Technical Assistance’’ in title 

3 III. 

4 (c) SPENDING REPORT.—Not later than 45 days 

5 after enactment of this Act, the USAID Administrator 

6 shall submit to the Committees on Appropriations a de7 tailed report on spending of funds made available during 

8 fiscal year 2017 under the heading ‘‘Development Credit 

9 Authority’’. 

10 (d) NOTIFICATION CLARIFICATION.—The spend 

11 plans referenced in subsection (b) shall not be considered 

12 as meeting the notification requirements in this Act or 

13 under section 634A of the Foreign Assistance Act of 1961. 

14 (e) CONGRESSIONAL BUDGET JUSTIFICATION.— 

15 (1) The congressional budget justification for 

16 Department of State operations and foreign oper17 ations shall be provided to the Committees on Ap18 propriations concurrent with the date of submission 

19 of the President’s budget for fiscal year 2019: Pro20 vided, That the appendices for such justification 

21 shall be provided to the Committees on Appropria22 tions not later than 10 calendar days thereafter. 

23 (2) The Secretary of State and the USAID Ad24 ministrator shall include in the congressional budget 

25 justification a detailed justification for multi-year 
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1 availability for any funds requested under the head2 ings ‘‘Diplomatic and Consular Programs’’ and ‘‘Op3 erating Expenses’’. 

4 REPORTS AND RECORDS MANAGEMENT

5 SEC. 7077. (a) PUBLIC POSTING OF REPORTS.— 

6 (1) REQUIREMENT.—Any agency receiving 

7 funds made available by this Act shall, subject to 

8 paragraphs (2) and (3), post on the publicly avail9 able Web site of such agency any report required by 

10 this Act to be submitted to the Committees on Ap11 propriations. 

12 (2) EXCEPTIONS.—Paragraph (1) shall not 

13 apply to a report if— 

14 (A) the public posting of such report would 

15 compromise national security, including the 

16 conduct of diplomacy; 

17 (B) the report contains proprietary, privi18 leged, or sensitive information; or 

19 (C) the head of such agency determines 

20 that the posting of such report is not in the na21 tional interest. 

22 (3) TIMING AND INTENTION.—The head of the 

23 agency posting such report shall, unless otherwise 

24 provided for in this Act, do so only after such report 

25 has been made available to the Committees on Ap-
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1 propriations for not less than 45 days: Provided, 

2 That any report required by this Act to be submitted 

3 to the Committees on Appropriations shall include 

4 information from the submitting agency on whether 

5 such report will be publicly posted. 

6 (b) REQUESTS FOR DOCUMENTS.—None of the funds 

7 appropriated or made available pursuant to titles III 

8 through VI of this Act shall be available to a nongovern9 mental organization, including any contractor, which fails 

10 to provide upon timely request any document, file, or 

11 record necessary to the auditing requirements of the De12 partment of State and the United States Agency for Inter13 national Development. 

14 (c) RECORDS MANAGEMENT.— 

15 (1) LIMITATION.—None of the funds appro16 priated by this Act under the headings ‘‘Diplomatic 

17 and Consular Programs’’ and ‘‘Capital Investment 

18 Fund’’ in title I, and ‘‘Operating Expenses’’ and 

19 ‘‘Capital Investment Fund’’ in title II that are made 

20 available to the Department of State and USAID 

21 may be made available to support the use or estab22 lishment of email accounts or email servers created 

23 outside the .gov domain or not fitted for automated 

24 records management as part of a Federal govern25 ment records management program in contravention 
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1 of the Presidential and Federal Records Act Amend2 ments of 2014 (Public Law 113–187). 

3 (2) DIRECTIVES.—The Secretary of State and 

4 USAID Administrator shall— 

5 (A) update the policies, directives, and 

6 oversight necessary to comply with Federal 

7 statutes, regulations, and presidential executive 

8 orders and memoranda concerning the preserva9 tion of all records made or received in the con10 duct of official business, including record 

11 emails, instant messaging, and other online 

12 tools; 

13 (B) use funds appropriated by this Act 

14 under the headings ‘‘Diplomatic and Consular 

15 Programs’’ and ‘‘Capital Investment Fund’’ in 

16 title I, and ‘‘Operating Expenses’’ and ‘‘Capital 

17 Investment Fund’’ in title II, as appropriate, to 

18 improve Federal records management pursuant 

19 to the Federal Records Act (44 U.S.C. Chap20 ters 21, 29, 31, and 33) and other applicable 

21 Federal records management statutes, regula22 tions, or policies for the Department of State 

23 and USAID; 

24 (C) direct departing employees that all 

25 Federal records generated by such employees, 
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1 including senior officials, belong to the Federal 

2 Government; and 

3 (D) significantly improve the response time 

4 for identifying and retrieving Federal records, 

5 including requests made pursuant to section 

6 552 of title 5, United States Code (commonly 

7 known as the ‘‘Freedom of Information Act’’). 

8 (3) REPORT.—Not later than 45 days after en9 actment of this Act, the Secretary of State and 

10 USAID Administrator shall each submit a report to 

11 the Committees on Appropriations and to the Na12 tional Archives and Records Administration detail13 ing, as appropriate and where applicable— 

14 (A) any updates or modifications made to 

15 the policy of each agency regarding the use or 

16 the establishment of email accounts or email 

17 servers created outside the .gov domain or not 

18 fitted for automated records management as 

19 part of a Federal government records manage20 ment program since the submission to the Com21 mittees on Appropriations of the report re22 quired by section 7077(c)(3) of the Department 

23 of State, Foreign Operations, and Related Pro24 grams Appropriations Act, 2017 (division J of 

25 Public Law 115–31); 
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1 (B) the extent to which each agency is in 

2 compliance with applicable Federal records 

3 management statutes, regulations, and policies, 

4 including meeting Directive goal 1.2 of the 

5 Managing Government Records Directive (M– 

6 12–18) by December 31, 2016; and 

7 (C) any steps taken since the submission 

8 of the report referenced in subparagraph (A) 

9 to— 

10 (i) comply with paragraph (1)(B) of 

11 this subsection; 

12 (ii) ensure that all employees at every 

13 level have been instructed in procedures 

14 and processes to ensure that the docu15 mentation of their official duties is cap16 tured, preserved, managed, protected, and 

17 accessible in official Government systems 

18 of the Department of State and USAID; 

19 (iii) implement recommendation 1 

20 made by the Office of Inspector General 

21 (OIG), Department of State, in the Janu22 ary 2016 Evaluation of the Department of 

23 State’s FOIA Process for Requests Involv24 ing the Office of the Secretary (ESP-16- 

25 01); 
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1 (iv) reduce the backlog of Freedom of 

2 Information Act (FOIA) and Congressional 

3 oversight requests, and measurably im4 prove the response time for answering such 

5 requests; and 

6 (v) strengthen cyber security meas7 ures to mitigate vulnerabilities, including 

8 those resulting from the use of personal 

9 email accounts or servers outside the .gov 

10 domain, improve the process to identify 

11 and remove inactive user accounts, update 

12 and enforce guidance related to the control 

13 of national security information, and im14 plement the recommendations contained in 

15 relevant reports issued by the OIG. 

16 (4) OPERATING PLANS.—The operating plans 

17 required by section 7076(a) of this Act for funds ap18 propriated under the headings listed in paragraph 

19 (1) shall include funds planned for— 

20 (A) implementing the recommendations of 

21 the OIG reports referenced in clauses (iii) and 

22 (v); and 

23 (B) measurably reducing the FOIA and 

24 Congressional oversight requests backlog. 
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1 GLOBAL INTERNET FREEDOM

2 SEC. 7078. (a) FUNDING.—Of the funds available for 

3 obligation during fiscal year 2018 under the headings 

4 ‘‘International Broadcasting Operations’’, ‘‘Economic 

5 Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for 

6 Europe, Eurasia and Central Asia’’, not less than 

7 $50,500,000 shall be made available for programs to pro8 mote Internet freedom globally: Provided, That such pro9 grams shall be prioritized for countries whose governments 

10 restrict freedom of expression on the Internet, and that 

11 are important to the national interest of the United 

12 States: Provided further, That funds made available pursu13 ant to this section shall be matched, to the maximum ex14 tent practicable, by sources other than the United States 

15 Government, including from the private sector. 

16 (b) REQUIREMENTS.— 

17 (1) Funds appropriated by this Act under the 

18 headings ‘‘Economic Support Fund’’, ‘‘Democracy 

19 Fund’’, and ‘‘Assistance for Europe, Eurasia and 

20 Central Asia’’ that are made available pursuant to 

21 subsection (a) shall be— 

22 (A) coordinated with other democracy pro23 grams funded by this Act under such headings, 

24 and shall be incorporated into country assist-
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1 ance and democracy promotion strategies, as 

2 appropriate; 

3 (B) made available to the Bureau of De4 mocracy, Human Rights, and Labor, Depart5 ment of State, for programs to implement the 

6 May 2011, International Strategy for Cyber7 space; the Department of State International 

8 Cyberspace Policy Strategy required by section 

9 402 of the Cybersecurity Act of 2015 (division 

10 N of Public Law 114–113); and the comprehen11 sive strategy to promote Internet freedom and 

12 access to information in Iran, as required by 

13 section 414 of the Iran Threat Reduction and 

14 Syria Human Rights Act of 2012 (22 U.S.C. 

15 8754); 

16 (C) made available for programs that sup17 port the efforts of civil society to counter the 

18 development of repressive Internet-related laws 

19 and regulations, including countering threats to 

20 Internet freedom at international organizations; 

21 to combat violence against bloggers and other 

22 users; and to enhance digital security training 

23 and capacity building for democracy activists; 

24 (D) made available for research of key 

25 threats to Internet freedom; the continued de-
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1 velopment of technologies that provide or en2 hance access to the Internet, including cir3 cumvention tools that bypass Internet blocking, 

4 filtering, and other censorship techniques used 

5 by authoritarian governments; and maintenance 

6 of the technological advantage of the United 

7 States Government over such censorship tech8 niques: Provided, That the Secretary of State, 

9 in consultation with the Chief Executive Officer 

10 (CEO) of the Broadcasting Board of Governors 

11 (BBG), shall coordinate any such research and 

12 development programs with other relevant 

13 United States Government departments and 

14 agencies in order to share information, tech15 nologies, and best practices, and to assess the 

16 effectiveness of such technologies; and 

17 (E) administered by the Assistant Sec18 retary for Democracy, Human Rights, and 

19 Labor, Department of State. 

20 (2) Funds appropriated by this Act under the 

21 heading ‘‘International Broadcasting Operations’’ 

22 that are made available pursuant to subsection (a) 

23 shall be— 

24 (A) made available only for tools and tech25 niques to securely develop and distribute BBG 
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1 digital content; facilitate audience access to 

2 such content on Web sites that are censored; 

3 coordinate the distribution of BBG digital con4 tent to targeted regional audiences; and to pro5 mote and distribute such tools and techniques, 

6 including digital security techniques; 

7 (B) coordinated with programs funded by 

8 this Act under the heading ‘‘International 

9 Broadcasting Operations’’, and shall be incor10 porated into country broadcasting strategies, as 

11 appropriate; 

12 (C) coordinated by the BBG CEO to pro13 vide Internet circumvention tools and tech14 niques for audiences in countries that are stra15 tegic priorities for the BBG and in a manner 

16 consistent with the BBG Internet freedom 

17 strategy; and 

18 (D) made available for the research and 

19 development of new tools or techniques author20 ized in paragraph (A) only after the BBG CEO, 

21 in consultation with the Secretary of State and 

22 other relevant United States Government de23 partments and agencies, evaluates the risks and 

24 benefits of such new tools or techniques, and 
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1 establishes safeguards to minimize the use of 

2 such new tools or techniques for illicit purposes. 

3 (c) COORDINATION AND SPEND PLANS.—After con4 sultation among the relevant agency heads to coordinate 

5 and de-conflict planned activities, but not later than 90 

6 days after enactment of this Act, the Secretary of State 

7 and the BBG CEO shall submit to the Committees on Ap8 propriations spend plans for funds made available by this 

9 Act for programs to promote Internet freedom globally, 

10 which shall include a description of safeguards established 

11 by relevant agencies to ensure that such programs are not 

12 used for illicit purposes: Provided, That the Department 

13 of State spend plan shall include funding for all such pro14 grams for all relevant Department of State and USAID 

15 offices and bureaus. 

16 IMPACT ON JOBS IN THE UNITED STATES

17 SEC. 7079. None of the funds appropriated or other18 wise made available under titles III through VI of this 

19 Act may be obligated or expended to provide— 

20 (1) any financial incentive to a business enter21 prise currently located in the United States for the 

22 purpose of inducing such an enterprise to relocate 

23 outside the United States if such incentive or in24 ducement is likely to reduce the number of employ25 ees of such business enterprise in the United States 
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1 because United States production is being replaced 

2 by such enterprise outside the United States; 

3 (2) assistance for any program, project, or ac4 tivity that contributes to the violation of internation5 ally recognized workers’ rights, as defined in section 

6 507(4) of the Trade Act of 1974, of workers in the 

7 recipient country, including any designated zone or 

8 area in that country: Provided, That the application 

9 of section 507(4)(D) and (E) of such Act should be 

10 commensurate with the level of development of the 

11 recipient country and sector, and shall not preclude 

12 assistance for the informal sector in such country, 

13 micro and small-scale enterprise, and smallholder 

14 agriculture; 

15 (3) any assistance to an entity outside the 

16 United States if such assistance is for the purpose 

17 of directly relocating or transferring jobs from the 

18 United States to other countries and adversely im19 pacts the labor force in the United States; or 

20 (4) for the enforcement of any rule, regulation, 

21 policy, or guidelines implemented pursuant to— 

22 (A) the third proviso of subsection 7079(b) 

23 of the Department of State, Foreign Oper24 ations, and Related Programs Appropriations 
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1 Act, 2010 (division F of Public Law 111–117; 

2 123 Stat. 3396); 

3 (B) the modification proposed by the Over4 seas Private Investment Corporation in Novem5 ber 2013 to the Corporation’s Environmental 

6 and Social Policy Statement relating to coal; or 

7 (C) the Supplemental Guidelines for High 

8 Carbon Intensity Projects approved by the Ex9 port-Import Bank of the United States on De10 cember 12, 2013, 

11 when enforcement of such rule, regulation, policy, or 

12 guidelines would prohibit, or have the effect of pro13 hibiting, any coal-fired or other power-generation 

14 project the purpose of which is to: (i) provide afford15 able electricity in International Development Asso16 ciation (IDA)-eligible countries and IDA-blend coun17 tries; and (ii) increase exports of goods and services 

18 from the United States or prevent the loss of jobs 

19 from the United States. 

20 QUORUM REQUIREMENT

21 SEC. 7080. Section 1 of Public Law 106–46 (12 

22 U.S.C. 635a note) is amended by striking ‘‘July 21, 1999, 

23 and ends on December 2, 1999’’ and inserting ‘‘October 

24 1, 2017, and ends on September 30, 2019’’: Provided, 
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1 That the amendment made pursuant to this section to 

2 such law shall take effect upon enactment of this Act. 

3 DISABILITY PROGRAMS

4 SEC. 7081. (a) ASSISTANCE.—Funds appropriated by 

5 this Act under the heading ‘‘Economic Support Fund’’ 

6 shall be made available for programs and activities admin7 istered by the United States Agency for International De8 velopment to address the needs and protect and promote 

9 the rights of people with disabilities in developing coun10 tries, including initiatives that focus on independent living, 

11 economic self-sufficiency, advocacy, education, employ12 ment, transportation, sports, and integration of individ13 uals with disabilities, including for the cost of translation. 

14 (b) MANAGEMENT, OVERSIGHT, AND TECHNICAL

15 SUPPORT.—Of the funds made available pursuant to this 

16 section, 5 percent may be used for USAID for manage17 ment, oversight, and technical support. 

18 ASSISTANCE FOR UNITED STATES CITIZENS AND NATION19 ALS UNLAWFULLY OR WRONGFULLY DETAINED

20 ABROAD

21 SEC. 7082. (a) REVIEW.—The Secretary of State 

22 shall review the cases of citizens and nationals of the 

23 United States detained abroad to determine if there is 

24 credible information that they are being detained unlaw-
343 

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1 fully or wrongfully, based on international criteria includ2 ing whether— 

3 (1) the detained individual has presented cred4 ible information of factual innocence to United 

5 States officials; 

6 (2) information exists that the individual is de7 tained solely or substantially because he or she is a 

8 citizen or national of the United States; 

9 (3) information exists that the individual is 

10 being detained in violation of internationally pro11 tected rights and freedoms, such as freedoms of ex12 pression, association, assembly, and religion; 

13 (4) the individual is being detained in violation 

14 of the laws of the detaining country; 

15 (5) independent nongovernmental organizations 

16 or journalists have raised legitimate questions about 

17 the innocence of the detained individual; 

18 (6) the United States embassy in the country 

19 where the individual is detained has received credible 

20 reports that the detention is a pretext; 

21 (7) police reports show evidence of a credible 

22 investigation; 

23 (8) the individual is detained in a country 

24 where the Department of State has determined in its 

25 annual human rights reports that the judicial system 
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1 is not independent or impartial, is susceptible to cor2 ruption, or is incapable of rendering just verdicts; 

3 (9) the individual is detained in inhumane con4 ditions; and 

5 (10) the international right to due process of 

6 law has been sufficiently impaired so as to render 

7 the detention arbitrary. 

8 (b) REPORT.—With respect to individuals for whom 

9 the Secretary determines there is such credible informa10 tion, the Secretary shall submit a biannual report, which 

11 may be in classified form, to the appropriate congressional 

12 committees which shall include relevant information relat13 ing to each case, including— 

14 (1) the name of the detained individual; 

15 (2) basic facts about the case; 

16 (3) a summary of the information that such in17 dividual may be detained unlawfully or wrongfully; 

18 (4) a description of specific efforts, legal and 

19 diplomatic, taken by the Department of State on be20 half of the individual since the last reporting period, 

21 including accomplishments and setbacks; and 

22 (5) a description of intended next steps. 

23 (c) POSTING ON THE DEPARTMENT OF STATE WEB

24 SITE.—The information described in subsection (b)(1)– 

25 (3) shall be posted on the Department of State Web site 
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1 not later than 30 days after its submission to the appro2 priate congressional committees, unless— 

3 (1) the public posting of such information 

4 would compromise national security, including the 

5 conduct of diplomacy; 

6 (2) such information contains proprietary or 

7 other privileged information; 

8 (3) the detained individual does not consent to 

9 a waiver of the Privacy Act allowing for public post10 ing; or 

11 (4) the public posting of the information could 

12 jeopardize efforts to obtain the release of the de13 tained individual. 

14 (d) RESOURCE MANUAL.—Not later than 180 days 

15 after enactment of this Act and after consulting with rel16 evant organizations that advocate on behalf of United 

17 States citizens and nationals detained abroad, the Sec18 retary shall publish a resource manual for United States 

19 Government officials and families of unjustly or wrong20 fully detained individuals detailing suggested actions de21 signed to obtain their release, including acting through 

22 traditional diplomatic and consular channels to ensure 

23 prompt and regular access for the detained individual to 

24 legal counsel, family members, humane treatment, and 

25 other services, and sanctions tools including withholding 
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1 assistance to the foreign government and denying or re2 voking visas and freezing assets of foreign officials; sub3 mitting public and private letters; and consulting with rel4 evant legal and human rights organizations. 

5 (e) SPECIAL PRESIDENTIAL ENVOY FOR HOSTAGE

6 AFFAIRS.—The responsibilities under this section may be 

7 carried out by the Special Presidential Envoy for Hostage 

8 Affairs, created by ‘‘Presidential Policy Directive—Hos9 tage Recovery Activities, PPD-30,’’ unless the Secretary 

10 designates another official to do so. 

11 REORGANIZATION OR REDESIGN OF THE DEPARTMENT

12 OF STATE AND THE UNITED STATES AGENCY FOR

13 INTERNATIONAL DEVELOPMENT

14 SEC. 7083. (a) LIMITATIONS.— 

15 (1) None of the funds appropriated by this Act, 

16 prior Acts making appropriations for the Depart17 ment of State, foreign operations, and related pro18 grams, or any other Act may be used to downsize, 

19 downgrade, consolidate, close, move, or relocate to 

20 another United States Government agency— 

21 (A) the Bureau of Population, Refugees, 

22 and Migration, Department of State; 

23 (B) the Bureau of Consular Affairs, De24 partment of State; 
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1 (C) the Bureau of Democracy, Human 

2 Rights, and Labor, Department of State; 

3 (D) the Office of the Special Presidential 

4 Envoy for Hostage Affairs, Department of 

5 State; 

6 (E) the Office of the Special Coordinator 

7 for Global Criminal Justice Issues, Department 

8 of State; 

9 (F) the Coordinator for Cyber Issues, De10 partment of State; 

11 (G) the Special Advisor for Religious Mi12 norities in the Near East and South Central 

13 Asia, Department of State; 

14 (H) the Coordinator for Sanctions Policy, 

15 Department of State; 

16 (I) the Bureau of Educational and Cul17 tural Affairs, Department of State; 

18 (J) the Office of Weapons Removal and 

19 Abatement, Department of State; 

20 (K) the Special Envoy for Holocaust 

21 Issues, Department of State; 

22 (L) the Bureau of Oceans and Inter23 national Environmental and Scientific Affairs, 

24 Department of State; 
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1 (M) the Bureau for Democracy, Conflict, 

2 and Humanitarian Assistance, USAID; 

3 (N) the Bureau for Economic Growth, 

4 Education and Environment, USAID; 

5 (O) the Bureau for Food Security, 

6 USAID; or 

7 (P) the USAID Advisor for Indigenous 

8 Peoples Issues; 

9 (Q) the Office of Global Women’s Issues, 

10 Department of State; 

11 (R) the Special Envoy for the Human 

12 Rights of LGBTI Persons, Department of 

13 State; 

14 (S) the Special Advisor for International 

15 Disability Rights, Department of State; or 

16 (T) the Office of Gender Equality and 

17 Women’s Empowerment, USAID: 

18 Provided, That the limitations of this subsection 

19 shall include the transfer to other agencies of the 

20 authorities and responsibilities of such bureaus and 

21 offices: Provided further, That the Secretary of State 

22 shall promptly name a qualified individual of appro23 priate rank to head the Office of Special Envoy for 

24 Hostage Affairs. 
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1 (2) None of the funds appropriated by this Act, 

2 prior Acts making appropriations for the Depart3 ment of State, foreign operations, and related pro4 grams, or any other Act may be used to close, move, 

5 or otherwise incorporate the United States Agency 

6 for International Development into the Department 

7 of State: Provided, That such limitation shall include 

8 any USAID bureau or office, including the Office of 

9 Inspector General, or authorities of such bureaus 

10 and offices. 

11 (b) NOTIFICATION, REPORT, AND REVIEW.— 

12 (1) NOTIFICATION AND REPORT.—Notwith13 standing any provision of this Act, prior to imple14 menting any reorganization or redesign of the De15 partment of State, USAID, or any other Federal de16 partment, agency, or organization funded by this 

17 Act, including any intended, significant modification 

18 of bureaus, offices, or number of personnel, and any 

19 action taken pursuant to the March 31, 2017, Exec20 utive Order 13781 on a Comprehensive Plan for Re21 organizing the Executive Branch, the head of the 

22 relevant department, agency, or organization shall 

23 consult with the Committees on Appropriations: Pro24 vided, That any such proposed reorganization or re25 design shall be subject to the regular notification 
350 

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1 procedures of the Committees on Appropriations, ex2 cept that such notification shall be accompanied by 

3 a detailed report that includes a justification and 

4 analysis of— 

5 (A) the impact on personnel, both foreign 

6 service and civil service; 

7 (B) the impact on programs and on the 

8 ability of the department, agency, or organiza9 tion to conduct effective monitoring and over10 sight of such programs; 

11 (C) the projected cost savings or increased 

12 costs; 

13 (D) the process used to identify the in14 tended reorganization or redesign of any oper15 ating unit or diplomatic post, including the 

16 process used to assess the impact of such action 

17 on programs, projects, and activities funded by 

18 this Act; 

19 (E) the impact any such reorganization or 

20 redesign would have on the effectiveness of 

21 United States diplomacy and the ability to con22 duct adequate monitoring and oversight of for23 eign assistance programs; and 

24 (F) the national security interest served by 

25 any such reorganization or redesign, including a 
351 

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1 determination that such action will not result in 

2 expanding the influence of any adversary or 

3 competitor of the United States, including for4 eign terrorist organizations. 

5 (2) REVIEW.—Not later than 30 days prior to 

6 the submission of any notification required pursuant 

7 to paragraph (1), the head of the relevant depart8 ment, agency, or organization shall submit the pro9 posed reorganization or redesign plan to the Comp10 troller General of the United States for review: Pro11 vided, That following such review, the Comptroller 

12 General shall submit a report to the Committees on 

13 Appropriations assessing the justification, feasibility, 

14 cost effectiveness, and impact of such plan on diplo15 macy, development, and the national security of the 

16 United States. 

17 (c) OFFICE OF POLICY PLANNING.—None of the 

18 funds appropriated or otherwise made available by this 

19 Act may be used to increase the number of personnel in 

20 the Office of Policy Planning, Department of State, above 

21 the number of personnel in such office on September 30, 

22 2017, until the hiring freeze imposed on the Department 

23 of State has been lifted. 
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1 NORTH AMERICAN DEVELOPMENT BANK

2 SEC. 7084. Part 2 of subtitle D of title V of the 

3 North America Free Trade Agreement Implementation 

4 Act (22 U.S.C. 290m et seq.), is further amended by add5 ing at the end the following new section: 

6 ‘‘SEC. 547. FIRST CAPITAL INCREASE. 

7 ‘‘(a) SUBSCRIPTION AUTHORIZED.— 

8 ‘‘(1) The Secretary of the Treasury may sub9 scribe on behalf of the United States to 150,000 ad10 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 ON AUTHORIZATION OF APPRO16 PRIATIONS.— 

17 ‘‘(1) In order to pay for the increase in the 

18 United States subscription to the Bank under sub19 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 ‘‘(2) Of the amount authorized to be appro23 priated under paragraph (1)— 

24 ‘‘(A) $225,000,000 shall be for paid in 

25 shares of the Bank; and 
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1 ‘‘(B) $1,275,000,000 shall be callable 

2 shares of the Bank.’’. 

3 MULTILATERAL DEVELOPMENT BANK REPLENISHMENTS

4 SEC. 7085. (a) The Asian Development Bank Act (22 

5 U.S.C. 285 et seq.) is amended by adding at the end the 

6 following new section: 

7 ‘‘SEC. 36. ELEVENTH REPLENISHMENT. 

8 ‘‘(a) The United States Governor of the Bank is au9 thorized to contribute, on behalf of the United States, 

10 $189,580,000 to the eleventh replenishment of the re11 sources of the Fund, subject to obtaining the necessary 

12 appropriations. 

13 ‘‘(b) In order to pay for the United States contribu14 tion provided for in subsection (a), there are authorized 

15 to be appropriated, without fiscal year limitation, 

16 $189,580,000 for payment by the Secretary of the Treas17 ury.’’. 

18 (b) The International Development Association Act 

19 (22 U.S.C. 284 et seq.) is amended by adding at the end 

20 the following new section: 

21 ‘‘SEC. 30. EIGHTEENTH REPLENISHMENT. 

22 ‘‘(a) The United States Governor of the International 

23 Development Association is authorized to contribute on 

24 behalf of the united states $3,291,030,000 to the eight-
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1 eenth replenishment of the resources of the association, 

2 subject to obtaining the necessary appropriations. 

3 ‘‘(b) In order to pay for the United States contribu4 tion provided for in subsection (a), there are authorized 

5 to be appropriated, without fiscal year limitation, 

6 $3,291,030,000 for payment by the Secretary of the 

7 Treasury.’’. 

8 (c) The African Development Fund Act (22 U.S.C. 

9 290g et seq.) is amended by adding at the end the fol10 lowing new section: 

11 ‘‘SEC. 225. FOURTEENTH REPLENISHMENT. 

12 ‘‘(a) The United States Governor of the Fund is au13 thorized to contribute on behalf of the United States 

14 $513,900,000 to the fourteenth replenishment of the re15 sources of the Fund, subject to obtaining the necessary 

16 appropriations. 

17 ‘‘(b) In order to pay for the United States contribu18 tion provided for in subsection (a), there are authorized 

19 to be appropriated, without fiscal year limitation, 

20 $513,900,000 for payment by the Secretary of the Treas21 ury.’’. 

22 DESIGNATION REQUIREMENT

23 SEC. 7086. Each amount designated in this Act by 

24 the Congress for Overseas Contingency Operations/Global 

25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985 shall be available only if the President subse3 quently so designates all such amounts and transmits such 

4 designations to the Congress: Provided, That such funds 

5 shall be made available without regard to geographic limi6 tation. 

7 STRENGTHENING DIPLOMACY AND DEVELOPMENT

8 SEC. 7087. (a) ASSISTANT SECRETARY FOR POPU9 LATION, REFUGEES, AND MIGRATION, DEPARTMENT OF

10 STATE.—Section 1(c) of the State Department Basic Au11 thorities Act of 1956 (22 U.S.C. 2651a(c)) is amended— 

12 (1) by redesignating paragraph (3) as para13 graph (4); and 

14 (2) by inserting after paragraph (2) the fol15 lowing: 

16 ‘‘(3) ASSISTANT SECRETARY OF STATE FOR

17 POPULATION, REFUGEES, AND MIGRATION.— 

18 ‘‘(A) There shall be in the Department of 

19 State an Assistant Secretary of State for the 

20 Bureau of Population, Refugees, and Migration 

21 (PRM) who shall be responsible to the Sec22 retary of State for matters pertaining to popu23 lation, refugees, and migration in the conduct 

24 of foreign policy and such other related duties 
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1 as the Secretary may from time to time des2 ignate. 

3 ‘‘(B) The Assistant Secretary for Popu4 lation, Refugees, and Migration shall maintain 

5 responsibility and continuous observation and 

6 review of all matters pertaining to population, 

7 refugees, and migration in the conduct of for8 eign policy, including the following: 

9 ‘‘(i) Directing the Department of 

10 State’s population, refugee, and migration 

11 policy development. 

12 ‘‘(ii) Providing protection, easing suf13 fering, and resolving the plight of per14 secuted and uprooted people around the 

15 world by providing life-sustaining assist16 ance, working through multilateral systems 

17 to build global partnerships, promoting 

18 best practices in humanitarian response, 

19 and ensuring that humanitarian principles 

20 are thoroughly integrated into United 

21 States foreign and national security policy. 

22 ‘‘(iii) Determining the level of United 

23 States contributions to international orga24 nizations for humanitarian assistance and 

25 protection-related programs and partici-
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1 pating in governing bodies of international 

2 organizations to ensure effective use of 

3 United States funds. 

4 ‘‘(iv) Working through multilateral 

5 systems to build global partnerships pro6 moting best practices in humanitarian re7 sponse, and ensuring that humanitarian 

8 principles are thoroughly integrated into 

9 United States policies toward refugees, 

10 asylum seekers, internally displaced per11 sons, stateless persons, and other forced 

12 migrants. 

13 ‘‘(v) Seeking and promoting durable 

14 solutions for refugees, including— 

15 ‘‘(I) voluntary repatriation in 

16 safety and dignity for people who no 

17 longer face a well-founded fear of per18 secution on account of their religion, 

19 race, political opinion, or social or eth20 nic group; 

21 ‘‘(II) local integration of refugees 

22 in countries of first asylum; and 

23 ‘‘(III) voluntary resettlement of 

24 refugees in a third country. 
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1 ‘‘(vi) Developing and implementing 

2 refugee resettlement policies for the United 

3 States and to promote durable solutions 

4 for, and the protection of, refugees. 

5 ‘‘(vii) Recommending to the President 

6 the number of refugees to be admitted an7 nually to the United States and directing 

8 programs for selection, processing, and 

9 transportation of refugees to be admitted 

10 to the United States. 

11 ‘‘(viii) Overseeing efforts to encourage 

12 greater participation in refugee assistance 

13 and resettlement on the part of foreign 

14 governments. 

15 ‘‘(ix) Promoting healthy and educated 

16 populations. 

17 ‘‘(x) Guiding the activities of refugee 

18 assistance offices at United States diplo19 matic missions and of United States mis20 sions to international organizations con21 cerned with refugee assistance, protection, 

22 and resettlement. 

23 ‘‘(xi) Using humanitarian diplomacy 

24 to increase access and assistance to those 

25 in need in the absence of political solu-
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1 tions, highlighting the humanitarian im2 pact of military and political action, and 

3 working with partners to ensure transition 

4 from relief to development. 

5 ‘‘(xii) Promoting humane and effective 

6 migration policies and multilateral migra7 tion efforts that advance United States 

8 foreign policy.’’. 

9 (b) OFFICE OF GLOBAL WOMEN’S ISSUES.— 

10 (1) IN GENERAL.—The Secretary of State shall 

11 establish an Office of Global Women’s Issues (re12 ferred to in this subsection as the ‘‘Office’’) within 

13 the Department of State. 

14 (2) PURPOSE.—The Office shall coordinate ef15 forts of the United States Government, as directed 

16 by the Secretary of State, regarding gender equality 

17 and advancing the status of women and girls in 

18 United States foreign policy. 

19 (3) DUTIES.—The Office— 

20 (A) shall serve as the principal advisor to 

21 the Secretary of State regarding gender equal22 ity, women’s empowerment, and violence 

23 against women and girls as a foreign policy 

24 matter; 
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1 (B) shall represent the United States in 

2 diplomatic and multilateral fora on matters rel3 evant to the status of women and girls; 

4 (C) shall advise the Secretary and provide 

5 input on all activities, policies, programs, and 

6 funding relating to gender equality and the ad7 vancement of women and girls internationally 

8 for all bureaus and offices of the Department of 

9 State and in the international programs of all 

10 other Federal departments and agencies; 

11 (D) shall work to ensure that efforts to ad12 vance gender equality and women’s empower13 ment are fully integrated into the programs, 

14 structures, processes, and capacities of all bu15 reaus and offices of the Department of State 

16 and in the international programs of other Fed17 eral departments and agencies; 

18 (E) shall direct, as appropriate, United 

19 States resources to respond to needs for gender 

20 equality and empowerment of women in United 

21 States foreign policies and international pro22 grams; 

23 (F) may design, support, and implement 

24 activities regarding empowerment of women 

25 internationally; and 
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1 (G) shall conduct regular consultation with 

2 civil society organizations working to advance 

3 gender equality and empower women and girls 

4 internationally. 

5 (4) SUPERVISION.—The Office shall be headed 

6 by an Ambassador-at-Large for Global Women’s 

7 Issues who— 

8 (A) exercises significant authority; 

9 (B) reports to the President or to the Sec10 retary of State; and 

11 (C) is appointed by the President or by the 

12 Secretary of State, with the advice and consent 

13 of the Senate. 

14 (5) REPORT.—Not later than 180 days after 

15 the date of the enactment of this Act, the Secretary 

16 of State shall submit a report to the appropriate 

17 congressional committees describing the steps taken 

18 to fulfill the duties of the Office set forth in para19 graph (3). 

20 CONSULAR NOTIFICATION COMPLIANCE

21 SEC. 7088. (a) PETITION FOR REVIEW.— 

22 (1) JURISDICTION.—Notwithstanding any other 

23 provision of law, a Federal court shall have jurisdic24 tion to review the merits of a petition claiming viola25 tion of Article 36(1)(b) or (c) of the Vienna Conven-
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1 tion on Consular Relations, done at Vienna April 24, 

2 1963, or a comparable provision of a bilateral inter3 national agreement addressing consular notification 

4 and access, filed by an individual convicted and sen5 tenced to death by any Federal or State court before 

6 the date of enactment of this Act. 

7 (2) STANDARD.—To obtain relief, an individual 

8 described in paragraph (1) must make a showing of 

9 actual prejudice to the criminal conviction or sen10 tence as a result of the violation. The court may 

11 conduct an evidentiary hearing if necessary to sup12 plement the record and, upon a finding of actual 

13 prejudice, shall order a new trial or sentencing pro14 ceeding. 

15 (3) LIMITATIONS.— 

16 (A) INITIAL SHOWING.—To qualify for re17 view under this subsection, a petition must 

18 make an initial showing that— 

19 (i) a violation of Article 36(1)(b) or 

20 (c) of the Vienna Convention on Consular 

21 Relations, done at Vienna April 24, 1963, 

22 or a comparable provision of a bilateral 

23 international agreement addressing con24 sular notification and access, occurred with 
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1 respect to the individual described in para2 graph (1); and 

3 (ii) if such violation had not occurred, 

4 the consulate would have provided assist5 ance to the individual. 

6 (B) EFFECT OF PRIOR ADJUDICATION.—A 

7 petition for review under this subsection shall 

8 not be granted if the claimed violation described 

9 in paragraph (1) has previously been adju10 dicated on the merits by a Federal or State 

11 court of competent jurisdiction in a proceeding 

12 in which no Federal or State procedural bars 

13 were raised with respect to such violation and 

14 in which the court provided review equivalent to 

15 the review provided in this subsection, unless 

16 the adjudication of the claim resulted in a deci17 sion that was based on an unreasonable deter18 mination of the facts in light of the evidence 

19 presented in the prior Federal or State court 

20 proceeding. 

21 (C) FILING DEADLINE.—A petition for re22 view under this subsection shall be filed within 

23 1 year of the later of— 

24 (i) the date of enactment of this Act; 
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1 (ii) the date on which the Federal or 

2 State court judgment against the indi3 vidual described in paragraph (1) became 

4 final by the conclusion of direct review or 

5 the expiration of the time for seeking such 

6 review; or 

7 (iii) the date on which the impediment 

8 to filing a petition created by Federal or 

9 State action in violation of the Constitu10 tion or laws of the United States is re11 moved, if the individual described in para12 graph (1) was prevented from filing by 

13 such Federal or State action. 

14 (D) TOLLING.—The time during which a 

15 properly filed application for State post-convic16 tion or other collateral review with respect to 

17 the pertinent judgment or claim is pending 

18 shall not be counted toward the 1-year period of 

19 limitation. 

20 (E) TIME LIMIT FOR REVIEW.—A Federal 

21 court shall give priority to a petition for review 

22 filed under this subsection over all noncapital 

23 matters. With respect to a petition for review 

24 filed under this subsection and claiming only a 

25 violation described in paragraph (1), a Federal 
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1 court shall render a final determination and 

2 enter a final judgment not later than one year 

3 after the date on which the petition is filed. 

4 (4) HABEAS PETITION.—A petition for review 

5 under this subsection shall be part of the first Fed6 eral habeas corpus application or motion for Federal 

7 collateral relief under chapter 153 of title 28, United 

8 States Code, filed by an individual, except that if an 

9 individual filed a Federal habeas corpus application 

10 or motion for Federal collateral relief before the date 

11 of enactment of this Act or if such application is re12 quired to be filed before the date that is 1 year after 

13 the date of enactment of this Act, such petition for 

14 review under this subsection shall be filed not later 

15 than 1 year after the enactment date or within the 

16 period prescribed by paragraph (3)(C)(iii), whichever 

17 is later. No petition filed in conformity with the re18 quirements of the preceding sentence shall be consid19 ered a second or successive habeas corpus applica20 tion or subjected to any bars to relief based on 

21 preenactment proceedings other than as specified in 

22 paragraph (2). 

23 (5) REFERRAL TO MAGISTRATE.—A Federal 

24 court acting under this subsection may refer the pe25 tition for review to a Federal magistrate for pro-
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1 posed findings and recommendations pursuant to 

2 section 636(b)(1)(B) of title 28, United States Code. 

3 (6) APPEAL.— 

4 (A) IN GENERAL.—A final order on a peti5 tion for review under paragraph (1) shall be 

6 subject to review on appeal by the court of ap7 peals for the circuit in which the proceeding is 

8 held. 

9 (B) APPEAL BY PETITIONER.—An indi10 vidual described in paragraph (1) may appeal a 

11 final order on a petition for review under para12 graph (1) only if a district or circuit judge 

13 issues a certificate of appealability. A district or 

14 circuit court judge shall issue or deny a certifi15 cate of appealability not later than 30 days 

16 after an application for a certificate of 

17 appealability is filed. A district judge or circuit 

18 judge may issue a certificate of appealability 

19 under this subparagraph if the individual has 

20 made a substantial showing of actual prejudice 

21 to the criminal conviction or sentence of the in22 dividual as a result of a violation described in 

23 paragraph (1). 

24 (b) VIOLATION.— 
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1 (1) IN GENERAL.—An individual not covered by 

2 subsection (a) who is arrested, detained, or held for 

3 trial on a charge that would expose the individual to 

4 a capital sentence if convicted may raise a claim of 

5 a violation of Article 36(1)(b) or (c) of the Vienna 

6 Convention on Consular Relations, done at Vienna 

7 April 24, 1963, or of a comparable provision of a bi8 lateral international agreement addressing consular 

9 notification and access, at a reasonable time after 

10 the individual becomes aware of the violation, before 

11 the court with jurisdiction over the charge. Upon a 

12 finding of such a violation— 

13 (A) the consulate of the foreign state of 

14 which the individual is a national shall be noti15 fied immediately by the detaining authority, 

16 and consular access to the individual shall be 

17 afforded in accordance with the provisions of 

18 the Vienna Convention on Consular Relations, 

19 done at Vienna April 24, 1963, or the com20 parable provisions of a bilateral international 

21 agreement addressing consular notification and 

22 access; and 

23 (B) the court— 

24 (i) shall postpone any proceedings to 

25 the extent the court determines necessary 
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1 to allow for adequate opportunity for con2 sular access and assistance; and 

3 (ii) may enter necessary orders to fa4 cilitate consular access and assistance. 

5 (2) EVIDENTIARY HEARINGS.—The court may 

6 conduct evidentiary hearings if necessary to resolve 

7 factual issues. 

8 (3) RULE OF CONSTRUCTION.—Nothing in this 

9 subsection shall be construed to create any addi10 tional remedy. 

11 (c) DEFINITIONS.—In this section the term ‘‘State’’ 

12 means any State of the United States, the District of Co13 lumbia, the Commonwealth of Puerto Rico, and any terri14 tory or possession of the United States. 

15 (d) APPLICABILITY.—The provisions of this section 

16 shall apply during the current fiscal year and hereafter. 

17 This Act may be cited as the ‘‘Department of State, 

18 Foreign Operations, and Related Programs Appropria19 tions Act, 2018’’. 

Calendar No. 216 

115TH CONGRESS 

1ST SESSION S. 1780 

[Report No. 115–152] 

A BILL 

Making appropriations for the Department of 

and for other purposes. for the fiscal year ending September 30, 2018, State, foreign operations, and related programs 

SEPTEMBER 7, 2017 

Read twice and placed on the calendar