Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018

Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2018, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2018, and for other purposes, namely: I Department of State and Related Agency Department of state Administration of foreign affairs Diplomatic and consular programs For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, $8,580,698,000, of which: $2,975,971,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985; up to $1,233,445,000 may remain available until September 30, 2019; and up to $3,756,874,000 may remain available until expended for Worldwide Security Protection: Provided (1) Human resources For necessary expenses for training, human resources management, and salaries, including employment without regard to civil service and classification laws of persons on a temporary basis (not to exceed $700,000), as authorized by section 801 of the United States Information and Educational Exchange Act of 1948, $2,679,633,000, of which up to $476,879,000 is for Worldwide Security Protection. (2) Overseas programs For necessary expenses for the regional bureaus of the Department of State and overseas activities as authorized by law, $1,823,656,000. (3) Diplomatic policy and support For necessary expenses for the functional bureaus of the Department of State, including representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress, general administration, and arms control, nonproliferation and disarmament activities as authorized, $774,957,000. (4) Security programs For necessary expenses for security activities, $3,302,452,000, of which up to $3,279,995,000 is for Worldwide Security Protection. (5) Fees and payments collected In addition to amounts otherwise made available under this heading— (A) as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and counseling and exchange visitor programs; and (B) not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities. (6) Transfer of funds, reprogramming, and other matters (A) Notwithstanding any other provision of this Act, funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section 7015 of this Act. (B) Of the amount made available under this heading, not to exceed $10,000,000 may be transferred to, and merged with, funds made available by this Act under the heading Emergencies in the Diplomatic and Consular Service (C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field examination of programs and activities in the United States funded from any account contained in this title. (D) Funds appropriated under this heading may be made available for Conflict Stabilization Operations and for related reconstruction and stabilization assistance to prevent or respond to conflict or civil strife in foreign countries or regions, or to enable transition from such strife. (E) Funds appropriated under this heading that are designated for Worldwide Security Protection shall continue to be made available for support of security-related training at sites in existence prior to the enactment of this Act. (F) Of the funds appropriated under this heading, up to $5,000,000 may be transferred to any other appropriation of any department or agency of the United States Government, upon the concurrence of the head of such department or agency, to support operations in, and assistance for, Afghanistan and to carry out the provisions of the Foreign Assistance Act of 1961: Provided capital investment fund For necessary expenses of the Capital Investment Fund, as authorized, $15,000,000, to remain available until expended. Office of inspector general For necessary expenses of the Office of Inspector General, $145,729,000, of which: $68,100,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985; and $79,744,000 may remain available until September 30, 2019: Provided Provided further Provided further Foreign Service Act of 1980 22 U.S.C. 3928(a)(1) Educational and cultural exchange programs For expenses of educational and cultural exchange programs, as authorized, $634,143,000, to remain available until expended, of which not less than $240,000,000 shall be for the Fulbright Program and not less than $111,360,000 shall be for Citizen Exchange Program, including $4,125,000 for the Congress-Bundestag Youth Exchange: Provided, Provided further Provided further Representation expenses For representation expenses as authorized, $8,030,000. Protection of foreign missions and officials For expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services, as authorized, $30,890,000, to remain available until September 30, 2019. Embassy security, construction, and maintenance For necessary expenses for carrying out the Foreign Service Buildings Act of 1926 ( 22 U.S.C. 292 Provided, In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $1,302,841,000, to remain available until expended, of which $158,818,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided Emergencies in the diplomatic and consular service For necessary expenses to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, as authorized, $7,885,000, to remain available until expended, of which not to exceed $1,000,000 may be transferred to, and merged with, funds appropriated by this Act under the heading Repatriation Loans Program Account Repatriation loans program account For the cost of direct loans, $1,300,000, as authorized: Provided Provided further, payment to the american institute in taiwan For necessary expenses to carry out the Taiwan Relations Act ( Public Law 96–8 International Center, Washington, District of Columbia Not to exceed $1,806,600 shall be derived from fees collected from other executive agencies for lease or use of facilities at the International Center in accordance with section 4 of the International Center Act ( Public Law 90–553 Payment to the foreign service retirement and disability fund For payment to the Foreign Service Retirement and Disability Fund, as authorized, $158,900,000. International organizations Contributions to international organizations For necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions, or specific Acts of Congress, $1,449,000,000, of which $96,240,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided Provided further Provided further Provided further Provided further 22 U.S.C. 2706 Provided further Provided further Contributions for international peacekeeping activities For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $1,382,100,000, of which: $602,339,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985; and $719,303,000 shall remain available until September 30, 2019: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further 22 U.S.C. 2706 Provided further Provided further International Commissions For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows: International boundary and water commission, united states and mexico For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation expenses; as follows: Salaries and expenses For salaries and expenses, not otherwise provided for, $48,134,000. Construction For detailed plan preparation and construction of authorized projects, $29,400,000, to remain available until expended, as authorized. American sections, international commissions For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and the Border Environment Cooperation Commission as authorized by the North American Free Trade Agreement Implementation Act ( Public Law 103–182 Provided, International fisheries commissions For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $44,997,000: Provided Related Agency Broadcasting board of governors International broadcasting operations For necessary expenses to enable the Broadcasting Board of Governors (BBG), as authorized, to carry out international communication activities, and to make and supervise grants for radio, Internet, and television broadcasting to the Middle East, $788,153,000, of which $4,800,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided Provided further Provided further 22 U.S.C. 6202 Provided further Provided further Broadcasting capital improvements For the purchase, rent, construction, repair, preservation, and improvement of facilities for radio, television, and digital transmission and reception; the purchase, rent, and installation of necessary equipment for radio, television, and digital transmission and reception, including to Cuba, as authorized; and physical security worldwide, in addition to amounts otherwise available for such purposes, $9,700,000, to remain available until expended, as authorized. Related programs The asia foundation For a grant to The Asia Foundation, as authorized by The Asia Foundation Act ( 22 U.S.C. 4402 United States Institute of Peace For necessary expenses of the United States Institute of Peace, as authorized by the United States Institute of Peace Act ( 22 U.S.C. 4601 Center for Middle Eastern-Western Dialogue Trust Fund For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as authorized by section 633 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 ( 22 U.S.C. 2078 Eisenhower exchange fellowship program For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 ( 20 U.S.C. 5204–5205 Provided Israeli arab scholarship program For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations Authorization Act 22 U.S.C. 2452 East-West center To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to the Center for Cultural and Technical Interchange Between East and West in the State of Hawaii, $16,700,000. national endowment for democracy For grants made by the Department of State to the National Endowment for Democracy, as authorized by the National Endowment for Democracy Act ( 22 U.S.C. 4412 other commissions commission for the preservation of america’s heritage abroad salaries and expenses For necessary expenses for the Commission for the Preservation of America’s Heritage Abroad, $675,000, as authorized by chapter 3123 Provided Provided further Provided further United states commission on international religious freedom Salaries and expenses For necessary expenses for the United States Commission on International Religious Freedom (USCIRF), as authorized by title II of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6431 Provided Public Law 114–71 Commission on security and cooperation in europe Salaries and expenses For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304 22 U.S.C. 3001 Congressional-Executive Commission on the People's Republic of China Salaries and expenses For necessary expenses of the Congressional-Executive Commission on the People's Republic of China, as authorized by title III of the U.S.-China Relations Act of 2000 ( 22 U.S.C. 6911 United States-China Economic and Security Review Commission salaries and expenses For necessary expenses of the United States-China Economic and Security Review Commission, as authorized by section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( 22 U.S.C. 7002 Provided Public Law 111–117 II United states agency for international development Funds appropriated to the president Operating expenses For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $1,347,676,000, of which: $158,067,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985; and up to $360,218,000 may remain available until September 30, 2019: Provided Capital Investment Fund Provided further Provided further Operating Expenses Provided further Provided further Capital investment fund For necessary expenses for overseas construction and related costs, and for the procurement and enhancement of information technology and related capital investments, pursuant to section 667 of the Foreign Assistance Act of 1961, $183,380,000, to remain available until expended: Provided Provided further Office of inspector general For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $71,500,000, of which $2,500,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 and up to $13,225,000 may remain available until September 30, 2019, for the Office of Inspector General of the United States Agency for International Development. III bilateral economic assistance funds appropriated to the president For necessary expenses to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, as follows: Global health programs For necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for global health activities, in addition to funds otherwise available for such purposes, $2,920,000,000, to remain available until September 30, 2019, and which shall be apportioned directly to the United States Agency for International Development: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further motivate Provided further In addition, for necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, $5,670,000,000, to remain available until September 30, 2022, which shall be apportioned directly to the Department of State: Provided Public Law 108–25 Provided further Provided further 22 U.S.C. 7622 2004 2009 Provided further Provided further Development assistance For necessary expenses to carry out the provisions of sections 103, 105, 106, 214, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961, $2,890,000,000, to remain available until September 30, 2019. International disaster assistance For necessary expenses to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 Transition initiatives For necessary expenses for international disaster rehabilitation and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development, pursuant to section 491 of the Foreign Assistance Act of 1961, and to support transition to democracy and long-term development of countries in crisis, $67,000,000, to remain available until expended, of which $37,000,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided Provided further Provided further Provided further COMPLEX CRISES FUND For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 to support programs and activities to prevent or respond to emerging or unforeseen foreign challenges and complex crises overseas, $30,000,000, to remain available until expended, of which $20,000,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided Provided further Provided further Provided further development credit authority For the cost of direct loans and loan guarantees provided by the United States Agency for International Development, as authorized by sections 256 and 635 of the Foreign Assistance Act of 1961, up to $60,000,000 may be derived by transfer from funds appropriated by this Act to carry out part I of such Act and under the heading Assistance for Europe, Eurasia and Central Asia Provided Provided further Provided further Provided further Provided further Provided further In addition, for administrative expenses to carry out credit programs administered by USAID, $10,000,000, which may be transferred to, and merged with, funds made available under the heading Operating Expenses Provided Economic support fund For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $3,959,696,000, to remain available until September 30, 2019, of which $3,047,119,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Democracy fund For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally, including to carry out the purposes of section 502(b)(3) and (5) of Public Law 98–164 22 U.S.C. 4411 Provided Provided further For an additional amount for such purposes, $65,125,000, to remain available until September 30, 2019, which shall be made available for the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development. Assistance for europe, eurasia and central asia For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act ( Public Law 102–511 Public Law 101–179 Provided Provided further Global Health Programs Economic Support Fund International Narcotics Control and Law Enforcement Public Law 102–511 Public Law 101–179 Provided further Department of State Migration and refugee assistance For necessary expenses not otherwise provided for, to enable the Secretary of State to carry out the provisions of section 2(a) and (b) of the Migration and Refugee Assistance Act of 1962, and other activities to meet refugee and migration needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $3,110,287,000, to remain available until expended, of which: $1,667,007,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such funds shall not be made available for resettlement costs of refugees in the United States; not less than $35,000,000 shall be made available to respond to small-scale emergency humanitarian requirements; and $7,500,000 shall be made available for refugees resettling in Israel: Provided united states emergency refugee and migration assistance fund For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962, as amended ( 22 U.S.C. 2601(c) independent agencies Peace corps (including transfer of funds) For necessary expenses to carry out the provisions of the Peace Corps Act ( 22 U.S.C. 2501 Provided 22 U.S.C. 2515 Provided further Provided further Provided further Provided further Provided further Public Law 113–76 Millennium challenge corporation For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Inter-american foundation For necessary expenses to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $22,500,000, to remain available until September 30, 2019: Provided United States African development foundation For necessary expenses to carry out the African Development Foundation Act (title V of Public Law 96–533 22 U.S.C. 290h Provided Provided further, Provided further, 22 U.S.C. 290h–3(a)(2) Provided further, Provided further Provided further Provided further department of the treasury international affairs technical assistance For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $30,000,000, to remain available until September 30, 2020, which shall be available notwithstanding any other provision of law. IV International security assistance Department of State International narcotics control and law enforcement For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $1,275,094,000, to remain available until September 30, 2019, which is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided Provided further, Provided further Nonproliferation, anti-terrorism, demining and related programs For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, and to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act, or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international organizations, and section 301 of the Foreign Assistance Act of 1961 for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission, and for a voluntary contribution to the International Atomic Energy Agency (IAEA), $789,950,000, to remain available until September 30, 2019, which is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided Road-map for the Clarification of Past and Present Outstanding Issues Regarding Iran’s Nuclear Program Provided further, Provided further Provided further Provided further Peacekeeping operations For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $497,350,000, to remain available until September 30, 2019, which is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided Provided further Provided further Funds Appropriated to the President International military education and training For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $110,300,000, to remain available until September 30, 2019, which is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided Provided further Foreign military financing program For necessary expenses for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $5,620,213,000, to remain available until September 30, 2019, which is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided Provided further Provided further Provided further Provided further None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurement has first signed an agreement with the United States Government specifying the conditions under which such procurement may be financed with such funds: Provided Provided further, Provided further Foreign Military Sales Financing Program Provided further Provided further Provided further Provided further V Multilateral assistance Funds appropriated to the president International organizations and programs For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, and of section 2 of the United Nations Environment Program Participation Act of 1973 ( Public Law 93–188 Provided International financial institutions Global environment facility For payment to the International Bank for Reconstruction and Development as trustee for the Global Environment Facility by the Secretary of the Treasury, $136,563,000, to remain available until expended. Contribution to the international development association For payment to the International Development Association by the Secretary of the Treasury, $1,097,010,000, to remain available until expended. Contribution to the asian development fund For payment to the Asian Development Bank's Asian Development Fund by the Secretary of the Treasury, $47,395,000, to remain available until expended. Contribution to the african development bank For payment to the African Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of the increase in capital stock, $32,418,000, to remain available until expended. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the African Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $507,860,808. Contribution to the african development fund For payment to the African Development Fund by the Secretary of the Treasury, $171,300,000, to remain available until expended. Contribution to the international fund for agricultural development For payment to the International Fund for Agricultural Development by the Secretary of the Treasury, $30,000,000, to remain available until expended. VI Export and Investment Assistance Export-Import bank of the united states Inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $5,700,000, to remain available until September 30, 2019. Program account The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided, administrative expenses For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $30,000 for official reception and representation expenses for members of the Board of Directors, not to exceed $110,000,000, of which up to $16,500,000 may remain available until September 30, 2019: Provided Provided further Provided further Provided further Receipts collected Receipts collected pursuant to the Export-Import Bank Act of 1945 ( Public Law 79–173 Provided Provided further Overseas private investment corporation Noncredit account The Overseas Private Investment Corporation is authorized to make, without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, such expenditures and commitments within the limits of funds available to it and in accordance with law as may be necessary: Provided, Provided further, Foreign Assistance Act of 1961 Program account For the cost of direct and guaranteed loans as authorized by section 234 of the Foreign Assistance Act of 1961 Provided, Provided further, Provided further, Provided further, Foreign Assistance Act of 1961 Provided further, In addition, such sums as may be necessary for administrative expenses to carry out the credit program may be derived from amounts available for administrative expenses to carry out the credit and insurance programs in the Overseas Private Investment Corporation Noncredit Account and merged with said account. Trade and development agency For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $79,500,000, to remain available until September 30, 2019: Provided VII General Provisions ALLOWANCES AND DIFFERENTIALS 7001. Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by sub chapter 59 unobligated balances report 7002. Any department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances and obligated, but unexpended, balances by program, project, and activity, and Treasury Account Fund Symbol of all funds received by such department or agency in fiscal year 2018 or any previous fiscal year, disaggregated by fiscal year: Provided consulting services 7003. The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law. diplomatic facilities 7004. (a) Capital security cost sharing information The Secretary of State shall promptly inform the Committees on Appropriations of each instance in which a Federal department or agency is delinquent in providing the full amount of funding required by section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 (b) Exception Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106–113 Public Law 114–323 (c) New diplomatic facilities For the purposes of calculating the fiscal year 2018 costs of providing new United States diplomatic facilities in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 Provided (d) Consultation and notification Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property or award of construction contracts for overseas United States diplomatic facilities during fiscal year 2018, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided (e) Interim and temporary facilities abroad (1) Security vulnerabilities Funds appropriated by this Act under the heading Embassy Security, Construction, and Maintenance (2) Consultation Notwithstanding any other provision of law, the opening, closure, or any significant modification to an interim or temporary United States diplomatic facility shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations, except that such consultation and notification may be waived if there is a security risk to personnel. (f) Transfer of Funds Authority Funds appropriated under the heading Diplomatic and Consular Programs Embassy Security, Construction, and Maintenance Provided (g) Soft Targets Funds appropriated by this Act under the heading Embassy Security, Construction, and Maintenance (h) Secure resupply and maintenance The Secretary of State may not grant final approval for the construction of a new facility or substantial construction to improve or expand an existing facility in the United States by or for the Government of the People’s Republic of China until the Secretary certifies and reports to the appropriate congressional committees that an agreement has been concluded between the Governments of the United States and the People’s Republic of China that permits secure resupply and maintenance of United States Government facilities in the People’s Republic of China. (i) New embassy compound kinshasa Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Peacekeeping Operations personnel actions 7005. Any costs incurred by a department or agency funded under title I of this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available under title I to such department or agency: Provided Provided further Department of state management 7006. (a) Financial systems improvement Funds appropriated by this Act for the operations of the Department of State under the headings Diplomatic and Consular Programs Capital Investment Fund Department Financial Systems Are Insufficient to Track and Report on Foreign Assistance Funds Provided Public Law 115–31 Provided further Provided further (b) Working capital fund Funds appropriated by this Act or otherwise made available to the Department of State for payments to the Working Capital Fund may only be used for the service centers included in the Congressional Budget Justification, Department of State, Foreign Operations, and Related Programs, Fiscal Year 2018: Provided Provided further Provided further Provided further Provided further (c) Certification Prior to the initial obligation of funds appropriated under titles III and IV of this Act that are made available to a Department of State bureau or office with responsibility for the oversight or management of such funds, the Secretary of State shall certify and report to the Committees on Appropriations, on an individual bureau or office basis, that such bureau or office is in compliance with Department and Federal financial management policies, procedures and regulations, as appropriate: Provided (d) Report Not later than December 31, 2018, the Secretary of State shall submit a report to the appropriate congressional committees detailing all sole-source awards made by the Department of State during the previous fiscal year in excess of $2,000,000: Provided (e) Information technology platform (1) None of the funds appropriated by this Act may be made available to replace or change the scope of a major information technology system of the Department of State until the Secretary of State submits a report to the Committees on Appropriations detailing the conclusions and recommendations from the Information Technology (IT) Platform Planning workstream of the Department of State redesign initiative. (2) The Secretary of State shall ensure that any contract to replace or change such major information technology system— (A) is fully consistent with the published IT strategy of the Department of State; (B) maintains consolidated control over enterprise IT functions and maintains or improves operational performance; (C) improves Department of State resiliency to a cyber-attack; (D) reduces Department of State IT costs, and requires the same number or fewer personnel to monitor and administer; and (E) is bid through an open and competitive process. prohibition against direct funding for certain countries 7007. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: Provided coups d’état 7008. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'état or decree or, after the date of enactment of this Act, a coup d'état or decree in which the military plays a decisive role: Provided Provided further Provided further Transfer of Funds Authority 7009. (a) Department of state and broadcasting board of governors (1) Department of state Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers, and no such transfer may be made to increase the appropriation under the heading Representation Expenses (2) Broadcasting board of governors Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting Board of Governors under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. (3) Treatment as reprogramming Any transfer pursuant to this subsection shall be treated as a reprogramming of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. (b) Title VI agencies Not to exceed 5 percent of any appropriation, other than for administrative expenses made available for fiscal year 2018, for programs under title VI of this Act may be transferred between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by any such transfer: Provided, (c) Limitation on transfers of funds between agencies (1) In general None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. (2) Allocation and transfers Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961. (3) Notification Any agreement entered into by the United States Agency for International Development or the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $1,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Global Health Programs Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia Provided (d) Transfer of Funds Between Accounts None of the funds made available under titles II through V of this Act may be obligated under an appropriations account to which such funds were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations. (e) Audit of Inter-agency Transfers of Funds Any agreement for the transfer or allocation of funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations and related programs, entered into between the Department of State or USAID and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall expressly provide that the Inspector General (IG) for the agency receiving the transfer or allocation of such funds, or other entity with audit responsibility if the receiving agency does not have an IG, shall perform periodic program and financial audits of the use of such funds and report to the Department of State or USAID, as appropriate, upon completion of such audits: Provided Provided further (f) Report Not later than 90 days after enactment of this Act, the Secretary of State and the USAID Administrator shall each submit a report to the Committees on Appropriations detailing all transfers to another agency of the United States Government made pursuant to sections 632(a) and 632(b) of the Foreign Assistance Act of 1961 with funds provided in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 Provided Prohibition on certain operational expenses 7010. (a) First-Class travel None of the funds made available by this Act may be used for first-class travel by employees of United States Government departments and agencies funded by this Act in contravention of section 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. (b) Computer networks None of the funds made available by this Act for the operating expenses of any United States Government department or agency may be used to establish or maintain a computer network for use by such department or agency unless such network has filters designed to block access to sexually explicit Web sites: Provided (c) Prohibition on promotion of tobacco None of the funds made available by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. Availability of funds 7011. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided by this Act: Provided, Foreign Assistance Act of 1961 Arms Export Control Act Development Credit Authority Assistance for Europe, Eurasia and Central Asia Provided further, Foreign Assistance Act of 1961 Provided further, LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 7012. No part of any appropriation provided under titles III through VI in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act unless the President determines, following consultation with the Committees on Appropriations, that assistance for such country is in the national interest of the United States. prohibition on taxation of united states assistance 7013. (a) prohibition on taxation None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State and the Administrator of the United States Agency for International Development shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement. (b) Notification and reimbursement of foreign taxes An amount equivalent to 200 percent of the total taxes assessed during fiscal year 2018 on funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs by a foreign government or entity against United States assistance programs, either directly or through grantees, contractors, and subcontractors, shall be withheld from obligation from funds appropriated for assistance for fiscal year 2019 and for prior fiscal years and allocated for the central government of such country or for the West Bank and Gaza program, as applicable, if, not later than September 30, 2019, such taxes have not been reimbursed: Provided (c) de minimis exception Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b). (d) reprogramming of funds Funds withheld from obligation for each foreign government or entity pursuant to subsection (b) shall be reprogrammed for assistance for countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes, and that can reasonably accommodate such assistance in a programmatically responsible manner. (e) determinations (1) In general The provisions of this section shall not apply to any foreign government or entity that assesses such taxes if the Secretary of State reports to the Committees on Appropriations that— (A) such foreign government or entity has an effective arrangement that is providing substantial reimbursement of such taxes; or (B) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not subject to taxation. (2) Consultation The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any foreign government or entity. (f) implementation The Secretary of State shall issue and update rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section. (g) definitions As used in this section— (1) the term ‘‘bilateral agreement’’ refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement; and (2) the term taxes and taxation reservations of funds 7014. (a) reprogramming Funds appropriated under titles III through VI of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by operation of any provision of this or any other Act: Provided Provided further (b) extension of availability In addition to the authority contained in subsection (a), the original period of availability of funds appropriated by this Act and administered by the Department of State or the United States Agency for International Development that are specifically designated for particular programs or activities by this or any other Act may be extended for an additional fiscal year if the Secretary of State or the USAID Administrator, as appropriate, determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided (c) other acts Ceilings and specifically designated funding levels contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided Notification requirements 7015. (a) Notification of changes in programs, projects, and activities None of the funds made available in titles I and II of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs to the departments and agencies funded by this Act that remain available for obligation in fiscal year 2018, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the departments and agencies funded by this Act, shall be available for obligation to— (1) create new programs; (2) suspend or eliminate a program, project, or activity; (3) close, suspend, open, or reopen a mission or post; (4) create, close, reorganize, downsize, or rename bureaus, centers, or offices; or (5) contract out or privatize any functions or activities presently performed by Federal employees; unless previously justified to the Committees on Appropriations or such Committees are notified 15 days in advance of such obligation. (b) Notification of reprogramming of funds None of the funds provided under titles I and II of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, to the departments and agencies funded under titles I and II of this Act that remain available for obligation in fiscal year 2018, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the department and agency funded under title I of this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less, that— (1) augments or changes existing programs, projects, or activities; (2) relocates an existing office or employees; (3) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (4) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by the Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. (c) Notification requirement None of the funds made available by this Act under the headings Global Health Programs Development Assistance International Organizations and Programs Trade and Development Agency International Narcotics Control and Law Enforcement Economic Support Fund Democracy Fund Assistance for Europe, Eurasia and Central Asia Peacekeeping Operations Nonproliferation, Anti-terrorism, Demining and Related Programs Millennium Challenge Corporation Foreign Military Financing Program International Military Education and Training Peace Corps Provided Provided further Provided further Provided further (d) Department of defense programs and funding notifications (1) Programs Notwithstanding any other provision of law, none of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available to support or continue any program initially funded under any authority of title 10, United States Code, or any Act making or authorizing appropriations for the Department of Defense, unless the Secretary of State, in consultation with the Secretary of Defense, submits to the Committees on Appropriations a detailed justification to support or continue any such program: Provided Provided further (2) Funding Notwithstanding any other provision of law, with the exception of funds transferred to, and merged with, funds appropriated under title I of this Act, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development for assistance for foreign countries and international organizations shall be subject to the regular notification procedures of the Committees on Appropriations. (e) Waiver The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided Provided further (f) Country notification requirements None of the funds appropriated under titles III through VI of this Act may be obligated or expended for assistance for Afghanistan, Bahrain, Bolivia, Burma, Cambodia, Cameroon, Colombia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Kenya, Lebanon, Libya, Mexico, Pakistan, Philippines, the Russian Federation, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations. (g) Trust funds Funds appropriated or otherwise made available in title III of this Act and prior Acts making funds available for the Department of State, foreign operations, and related programs that are made available for a trust fund held by an international financial institution as defined by section 7034(r)(3) of this Act shall be subject to the regular notification procedures of the Committees on Appropriations. (h) Other program notification requirement (1) Diplomatic and consular programs Funds appropriated under Title I of this Act under the heading Diplomatic and Consular Programs (2) Other programs Funds appropriated by this Act that are made available for the following programs and activities shall be subject to the regular notification procedures of the Committees on Appropriations: (A) The Global Engagement Center, except that the Secretary of State shall consult with the appropriate congressional committees prior to submitting such notification. (B) The Power Africa initiative. (C) Community-based police assistance conducted pursuant to the authority of section 7049 of this Act. (D) Programs to counter foreign fighters and extremist organizations, pursuant to section 7073(a) of this Act. (E) The Relief and Recovery Fund. (F) The Women Entrepreneurs Financing Initiative, except that funds made available for such initiative in prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be subject to the regular notification procedures of the Committees on Appropriations. (G) The Global Security Contingency Fund. (i) Withholding of funds Funds appropriated by this Act under titles III and IV that are withheld from obligation or otherwise not programmed as a result of application of a provision of law in this or any other Act shall, if reprogrammed, be subject to the regular notification procedures of the Committees on Appropriations. (j) Requirement to inform and coordinate The Secretary of State shall promptly inform the appropriate congressional committees of each instance in which funds appropriated by this Act for assistance for Iraq, Libya, Somalia, and Syria, the Counterterrorism Partnership Fund, the Relief and Recovery Fund, and to counter extremism and foreign fighters abroad, have been diverted or destroyed, to include the type and amount of assistance, a description of the incident and parties involved, and an explanation of the response of the Department of State or USAID, as appropriate: Provided NOTIFICATION ON EXCESS DEFENSE EQUIPMENT 7016. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as other committees pursuant to subsection (f) of that section: Provided Provided further Limitation on availability of funds for international organizations and programs 7017. Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under titles I and III through V of this Act, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain available for obligation until September 30, 2020: Provided Prohibition on funding for abortions and involuntary sterilization 7018. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. allocations and reports 7019. (a) Allocations Unless otherwise specified by this Act, funds appropriated by this Act under the headings Diplomatic and Consular Programs Operating Expenses International Military Education and Training Relief and Recovery Fund Provided (b) Reports The Secretary of State and the Administrator of the United States Agency for International Development, as appropriate, shall submit the reports required in the report accompanying this Act in the manner described. (c) Withholding of funds Of the funds appropriated by this Act under the heading International Military Education and Training Public Law 115–31 representation and entertainment expenses 7020. (a) Uses of funds Each Federal department, agency, or entity funded in titles I or II of this Act, and the Department of the Treasury and independent agencies funded in titles III or VI of this Act, shall take steps to ensure that domestic and overseas representation and entertainment expenses further official agency business and United States foreign policy interests, and— (1) are primarily for fostering relations outside of the Executive Branch; (2) are principally for meals and events of a protocol nature; (3) are not for employee-only events; and (4) do not include activities that are substantially of a recreational character. (b) Limitations None of the funds appropriated or otherwise made available by this Act under the headings International Military Education and Training Foreign Military Financing Program Global Health Programs Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia (1) alcoholic beverages; or (2) entertainment expenses for activities that are substantially of a recreational character, including entrance fees at sporting events, theatrical and musical productions, and amusement parks. Prohibition on assistance to governments supporting international terrorism 7021. (a) Lethal military equipment exports (1) Prohibition None of the funds appropriated or otherwise made available by titles III through VI of this Act may be made available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism for purposes of section 6(j) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act: Provided Provided further (2) Determination Assistance restricted by paragraph (1) or any other similar provision of law, may be furnished if the President determines that to do so is important to the national interest of the United States. (3) Report Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interest. (b) Bilateral assistance (1) Limitations Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated under any such title in prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall not be made available to any foreign government which the President determines— (A) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; (B) otherwise supports international terrorism; or (C) is controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (2) Waiver The President may waive the application of paragraph (1) to a government if the President determines that national security or humanitarian reasons justify such waiver: Provided Authorization requirements 7022. Funds appropriated by this Act, except funds appropriated under the heading Trade and Development Agency Public Law 91–672 22 U.S.C. 2412 22 U.S.C. 2680 22 U.S.C. 6212 50 U.S.C. 3094(a)(1) definition of program, project, and activity 7023. For the purpose of titles II through VI of this Act program, project, and activity Economic Support Fund Assistance for Europe, Eurasia and Central Asia Foreign Military Financing Program program, project, and activity program, project, and activity (1) justified to Congress; or (2) allocated by the Executive Branch in accordance with a report, to be provided to the Committees on Appropriations within 30 days after the enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961 or as modified pursuant to section 7019 of this Act. Authorities for the peace corps, inter-american foundation and united states african development foundation 7024. Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for the Department of State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act or the African Development Foundation Act: Provided commerce, trade and surplus commodities 7025. (a) World markets None of the funds appropriated or made available pursuant to titles III through VI of this Act for direct assistance and none of the funds otherwise made available to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance, or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided Provided further (1) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (b) Exports None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided (1) activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States; (2) research activities intended primarily to benefit United States producers; (3) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (c) International Financial Institutions The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions, as defined in section 7034(r)(3) of this Act, to use the voice and vote of the United States to oppose any assistance by such institutions, using funds appropriated or made available by this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity. separate accounts 7026. (a) Separate Accounts for Local Currencies (1) Agreements If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development shall— (A) require that local currencies be deposited in a separate account established by that government; (B) enter into an agreement with that government which sets forth— (i) the amount of the local currencies to be generated; and (ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and (C) establish by agreement with that government the responsibilities of USAID and that government to monitor and account for deposits into and disbursements from the separate account. (2) Uses of local currencies As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only— (A) to carry out chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), for such purposes as— (i) project and sector assistance activities; or (ii) debt and deficit financing; or (B) for the administrative requirements of the United States Government. (3) Programming accountability USAID shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2). (4) Termination of assistance programs Upon termination of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government. (5) Report The USAID Administrator shall report as part of the congressional budget justification submitted to the Committees on Appropriations on the use of local currencies for the administrative requirements of the United States Government as authorized in subsection (a)(2)(B), and such report shall include the amount of local currency (and United States dollar equivalent) used or to be used for such purpose in each applicable country. (b) Separate Accounts for Cash Transfers (1) In general If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle with any other funds. (2) Applicability of other provisions of law Such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159). (3) Notification At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by such assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance). (4) Exemption Nonproject sector assistance funds may be exempt from the requirements of paragraph (1) only through the regular notification procedures of the Committees on Appropriations. eligibility for assistance 7027. (a) Assistance Through Nongovernmental Organizations Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 and from funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia Provided Provided further (b) Public Law 480 During fiscal year 2018, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Food for Peace Act ( Public Law 83–480 7 U.S.C. 1721 Provided (c) Exception This section shall not apply— (1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or (2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights. local competition 7028. (a) Requirements for exceptions to competition for local entities Funds appropriated by this Act that are made available to the United States Agency for International Development may only be made available for limited competitions through local entities if— (1) prior to the determination to limit competition to local entities, USAID has— (A) assessed the level of local capacity to effectively implement, manage, and account for programs included in such competition; and (B) documented the written results of the assessment and decisions made; and (2) prior to making an award after limiting competition to local entities— (A) each successful local entity has been determined to be responsible in accordance with USAID guidelines; and (B) effective monitoring and evaluation systems are in place to ensure that award funding is used for its intended purposes; and (3) no level of acceptable fraud is assumed. (b) Report In addition to the requirements of subsection (a)(1), the USAID Administrator shall report to the appropriate congressional committees not later than 45 days after the end of fiscal year 2018 on all awards subject to limited or no competition for local entities: Provided Provided further (c) Extension of Procurement Authority Section 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 International financial institutions 7029. (a) Evaluations and Report The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to seek to require that such institution adopts and implements a publicly available policy, including the strategic use of peer reviews and external experts, to conduct independent, in-depth evaluations of the effectiveness of at least 25 percent of all loans, grants, programs, and significant analytical non-lending activities in advancing the institution’s goals of reducing poverty and promoting equitable economic growth, consistent with relevant safeguards, to ensure that decisions to support such loans, grants, programs, and activities are based on accurate data and objective analysis: Provided (b) Safeguards (1) The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the International Development Association to vote against any loan, grant, policy, or strategy if such institution has adopted and is implementing any social or environmental safeguard relevant to such loan, grant, policy, or strategy that provides less protection than World Bank safeguards in effect on September 30, 2015. (2) The Secretary of the Treasury should instruct the United States executive director of each international financial institution to vote against loans or other financing for projects unless such projects— (A) provide for accountability and transparency, including the collection, verification and publication of beneficial ownership information related to extractive industries and on-site monitoring during the life of the project; (B) will be developed and carried out in accordance with best practices regarding environmental conservation; cultural protection; and empowerment of local populations, including free, prior and informed consent of affected indigenous communities; (C) do not provide incentives for, or facilitate, forced displacement; and (D) do not partner with or otherwise involve enterprises owned or controlled by the armed forces. (c) Compensation None of the funds appropriated under title V of this Act may be made as payment to any international financial institution while the United States executive director to such institution is compensated by the institution at a rate which, together with whatever compensation such executive director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Human Rights The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to seek to require that such institution conducts rigorous human rights due diligence and risk management, as appropriate, in connection with any loan, grant, policy, or strategy of such institution: Provided (e) Fraud and Corruption The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to promote in loan, grant, and other financing agreements improvements in borrowing countries’ financial management and judicial capacity to investigate, prosecute, and punish fraud and corruption. (f) Beneficial Ownership Information The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to seek to require that such institution collects, verifies, and publishes, to the maximum extent practicable, beneficial ownership information (excluding proprietary information) for any corporation or limited liability company, other than a publicly listed company, that receives funds from any such financial institution: Provided (g) Whistleblower protections The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to seek to require that each such institution is effectively implementing and enforcing policies and procedures which reflect best practices for the protection of whistleblowers from retaliation, including best practices for— (1) protection against retaliation for internal and lawful public disclosure; (2) legal burdens of proof; (3) statutes of limitation for reporting retaliation; (4) access to independent adjudicative bodies, including external arbitration; and (5) results that eliminate the effects of proven retaliation. debt-for-development 7030. In order to enhance the continued participation of nongovernmental organizations in debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization. FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY 7031. (a) Limitation on direct government-to-Government assistance (1) Requirements Funds appropriated by this Act may be made available for direct government-to-government assistance only if— (A) (i) each implementing agency or ministry to receive assistance has been assessed and is considered to have the systems required to manage such assistance and any identified vulnerabilities or weaknesses of such agency or ministry have been addressed; (ii) the recipient agency or ministry employs and utilizes staff with the necessary technical, financial, and management capabilities; (iii) the recipient agency or ministry has adopted competitive procurement policies and systems; (iv) effective monitoring and evaluation systems are in place to ensure that such assistance is used for its intended purposes; (v) no level of acceptable fraud is assumed; and (vi) the government of the recipient country is taking steps to publicly disclose on an annual basis its national budget, to include income and expenditures; (B) the recipient government is in compliance with the principles set forth in section 7013 of this Act; (C) the recipient agency or ministry is not headed or controlled by an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (D) the Government of the United States and the government of the recipient country have agreed, in writing, on clear and achievable objectives for the use of such assistance, which should be made available on a cost-reimbursable basis; and (E) the recipient government is taking steps to protect the rights of civil society, including freedoms of expression, association, and assembly. (2) Consultation and Notification In addition to the requirements in paragraph (1), no funds may be made available for direct government-to-government assistance without prior consultation with, and notification of, the Committees on Appropriations: Provided Provided further (3) Suspension of Assistance The Administrator of the United States Agency for International Development or the Secretary of State, as appropriate, shall suspend any direct government-to-government assistance if the Administrator or the Secretary has credible information of material misuse of such assistance, unless the Administrator or the Secretary reports to the Committees on Appropriations that it is in the national interest of the United States to continue such assistance, including a justification, or that such misuse has been appropriately addressed. (4) Submission of Information The Secretary of State shall submit to the Committees on Appropriations, concurrent with the fiscal year 2019 congressional budget justification materials, amounts planned for assistance described in paragraph (1) by country, proposed funding amount, source of funds, and type of assistance. (5) Report Not later than 90 days after the enactment of this Act and every 6 months thereafter until September 30, 2019, the USAID Administrator shall submit to the Committees on Appropriations a report that— (A) details all assistance described in paragraph (1) provided during the previous 6-month period by country, funding amount, source of funds, and type of such assistance; and (B) the type of procurement instrument or mechanism utilized and whether the assistance was provided on a reimbursable basis. (6) Debt Service Payment Prohibition None of the funds made available by this Act may be used by the government of any foreign country for debt service payments owed by any country to any international financial institution: Provided international financial institution (b) National Budget and Contract Transparency (1) Minimum Requirements of Fiscal Transparency The Secretary of State shall continue to update and strengthen the minimum requirements of fiscal transparency Public Law 113–76 (2) Definition For purposes of paragraph (1), minimum requirements of fiscal transparency (3) Determination and report For each government identified pursuant to paragraph (1), the Secretary of State, not later than 180 days after enactment of this Act, shall make or update any determination of significant progress no significant progress Fiscal Transparency Report Provided Provided further (4) Assistance Funds appropriated under title III of this Act shall be made available for programs and activities to assist governments identified pursuant to paragraph (1) to improve budget transparency and to support civil society organizations in such countries that promote budget transparency: Provided, Provided further Fiscal Transparency Report (c) Anti-Kleptocracy and Human Rights (1) (A) Ineligibility Officials of foreign governments and their immediate family members about whom the Secretary of State has credible information have been involved in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights shall be ineligible for entry into the United States. (B) The Secretary shall also publicly or privately designate or identify officials of foreign governments and their immediate family members about whom the Secretary has such credible information without regard to whether the individual has applied for a visa. (2) Exception Individuals shall not be ineligible if entry into the United States would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement: Provided (3) Waiver The Secretary may waive the application of paragraph (1) with respect to an individual if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently. (4) Report Not later than 6 months after enactment of this Act, the Secretary of State shall submit a report, including a classified annex if necessary, to the Committees on Appropriations and the Committees on the Judiciary describing the information related to corruption or violation of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A) as well as the individuals who the Secretary designated or identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any waivers provided under paragraph (3), and the justification for each waiver. (5) Posting of report Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State Web site. (6) Clarification For purposes of paragraphs (1)(B), (4), and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential. (d) Networks of corruption If the Secretary of State has credible information of networks of corruption involving the participation of, or support from, a senior official in a country that receives assistance funded by this Act under titles III or IV, the Secretary shall update the report on such networks required by section 7031(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 (e) Extraction of natural resources (1) Assistance Funds appropriated by this Act shall be made available to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative, implementing and enforcing section 8204 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 (2) United States Policy (A) The Secretary of the Treasury shall inform the management of the international financial institutions, and post on the Department of the Treasury Web site, that it is the policy of the United States to vote against any assistance by such institutions (including any loan, credit, grant, or guarantee) to any country for the extraction and export of a natural resource if the government of such country has in place laws, regulations, or procedures to prevent or limit the public disclosure of company payments as required by United States law, and unless such government has adopted laws, regulations, or procedures in the sector in which assistance is being considered for— (i) accurately accounting for and public disclosure of payments to the host government by companies involved in the extraction and export of natural resources; (ii) the independent auditing of accounts receiving such payments and public disclosure of the findings of such audits; and (iii) public disclosure of such documents as Host Government Agreements, Concession Agreements, and bidding documents, allowing in any such dissemination or disclosure for the redaction of, or exceptions for, information that is commercially proprietary or that would create competitive disadvantage. (B) The requirements of subparagraph (A) shall not apply to assistance for the purpose of building the capacity of such government to meet the requirements of this subparagraph. (f) Foreign assistance web site Funds appropriated by this Act under titles I and II, and funds made available for any independent agency in title III, as appropriate, shall be made available to support the provision of additional information on United States Government foreign assistance on the Department of State foreign assistance Web site: Provided Democracy Programs 7032. (a) Funding Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund Democracy Fund Assistance for Europe, Eurasia and Central Asia International Narcotics Control and Law Enforcement (b) Authority Funds made available by this Act for democracy programs may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy (NED), any regulation. (c) Definition of Democracy Programs For purposes of funds appropriated by this Act, the term democracy programs (d) Program Prioritization Funds made available pursuant to this section that are made available for programs to strengthen government institutions shall be prioritized for those institutions that demonstrate a commitment to democracy and the rule of law, as determined by the Secretary of State or the USAID Administrator, as appropriate. (e) Restriction on Prior Approval With respect to the provision of assistance for democracy programs in this Act, the organizations implementing such assistance, the specific nature of that assistance, and the participants in such programs shall not be subject to the prior approval by the government of any foreign country: Provided (f) Continuation of current practices USAID shall continue to implement civil society and political competition and consensus building programs abroad with funds appropriated by this Act in a manner that recognizes the unique benefits of grants and cooperative agreements in implementing such programs: Provided (g) Country Strategy Strategic reviews Prior to the obligation of funds made available by this Act for Department of State and USAID democracy programs for a nondemocratic or democratic transitioning country for which a country strategy has been concluded after the date of enactment of this Act, as required by section 2111(c)(1) of the ADVANCE Democracy Act of 2007 (title XXI of Public Law 110–53 22 U.S.C. 8211 (1) specific goals and objectives for such program, including a specific plan and timeline to measure impacts; (2) an assessment of the risks associated with the conduct of such program to intended beneficiaries and implementers, including steps to support and protect such individuals; and (3) the funding requirements to initiate and sustain such program in fiscal year 2018 and subsequent fiscal years, as appropriate: Provided nondemocratic or democratic transitioning country (h) Communication and report (1) Informing the national endowment for democracy The Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance, USAID, shall regularly inform the National Endowment for Democracy of democracy programs that are planned and supported by funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs. (2) Reports (A) Funding instruments Not later than September 30, 2018, the Secretary of State and USAID Administrator shall each submit to the Committees on Appropriations a report detailing the use of contracts, grants, and cooperative agreements in the conduct of democracy programs with funds made available by the Department of State, Foreign Operations, and Related Programs Act, 2017 (division J of Public Law 115–31 (B) Program changes The Secretary of State or the USAID Administrator, as appropriate, shall report to the appropriate congressional committees within 30 days of a decision to significantly change the objectives or the content of a democracy program or to close such a program due to the increasingly repressive nature of the host country government: Provided (i) Transparency The USAID Administrator shall publish on the USAID Web site the justification for the choice of instrument for each democracy program funded by this Act that exceeds $2,000,000. (j) Protection of civil society activists (1) In general Of the funds appropriated by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement (2) Responsibility The inter-agency strategy described in paragraph (1) shall be developed and implemented by the Assistant Secretary for Democracy, Human Rights, and Labor (DRL), Department of State, in coordination with the relevant bureaus and offices of the Department of State and USAID. (3) Guidance and consultation Funds made available pursuant to paragraph (1) shall be made available in accordance with the guidance under this section in the report accompanying the Act, and following consultation with the Committees on Appropriations. (4) Clarification Funds made available pursuant to paragraph (1) shall be administered by DRL and are in addition to amounts otherwise made available for such purposes. International Religious Freedom 7033. (a) International religious freedom office and special envoy to promote religious freedom (1) Operations Of the funds appropriated by this Act under the heading Diplomatic and Consular Programs Public Law 113–161 (2) Curriculum Funds appropriated under the heading Diplomatic and Consular Programs 22 U.S.C. 4028(a)(2) (b) Assistance (1) International religious freedom programs Of the funds appropriated by this Act under the heading Democracy Fund Provided (2) Protection and investigation programs Of the funds appropriated by this Act under the heading Economic Support Fund Provided (3) Humanitarian programs Funds appropriated by this Act under the headings International Disaster Assistance Migration and Refugee Assistance (A) facilitate the implementation of an immediate, coordinated, and sustained response to provide humanitarian assistance; (B) enhance protection of conflict victims, including those facing a dire humanitarian crisis and severe persecution because of their faith or ethnicity; and (C) improve access to secure locations for obtaining humanitarian and resettlement services. (4) Transitional justice, reconciliation, and reintegration programs Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement Provided (5) Responsibility of funds Funds made available by paragraphs (1), (2), and (4) shall be the responsibility of the Ambassador-at-Large for International Religious Freedom, in consultation with other relevant United States Government officials. (c) International broadcasting Funds appropriated by this Act under the heading Broadcasting Board of Governors, International Broadcasting Operations (d) Atrocities prevention Of the funds appropriated by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement Public Law 114–113 Provided Provided further (e) Designation of non-State Actors The President shall, concurrent with the annual foreign country review required by section 402(b)(1) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(b)(1) Provided (f) Funding clarification Funds made available pursuant to subsections (b) and (d) are in addition to amounts otherwise made available for such purposes. special provisions 7034. (a) Victims of war, displaced children, and displaced burmese Funds appropriated in titles III and VI of this Act that are made available for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking, may be made available notwithstanding any other provision of law. (b) Law Enforcement and Security (1) Child soldiers Funds appropriated by this Act should not be used to support any military training or operations that include child soldiers. (2) Crowd control items Funds appropriated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for foreign security forces that use excessive force to repress peaceful expression, association, or assembly in countries undergoing democratic transition. (3) Disarmament, demobilization, and reintegration Section 7034(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 (4) Forensic assistance (A) Of the funds appropriated by this Act under the heading Economic Support Fund (B) Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement (5) International prison conditions Section 7065 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 (6) Reconstituting civilian police authority In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability. (7) Security assistance report Not later than 120 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2017, by country and purpose of assistance, under the headings Peacekeeping Operations International Military Education and Training Foreign Military Financing Program (8) Vetting report (A) In general Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees on foreign assistance cases submitted for vetting for purposes of section 620M of the Foreign Assistance Act of 1961 during the preceding fiscal year, including— (i) the total number of cases submitted, approved, suspended, or rejected for human rights reasons; and (ii) for cases rejected, a description of the steps taken to assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice, in accordance with section 620M(c) of the Foreign Assistance Act of 1961. (B) Form The report required by this paragraph shall be submitted in unclassified form, but may be accompanied by a classified annex. (9) Annual foreign military training report For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State (10) Assistance to eliminate torture Funds appropriated under titles III and IV of this Act shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961 and following consultation with the Committees on Appropriations, for assistance to eliminate torture by foreign police, military or other security forces in countries receiving assistance from funds appropriated by this Act. (11) Combat casualty care Funds appropriated by this Act under the headings Peacekeeping Operations Foreign Military Financing Program (12) Global security contingency fund Of the funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement Peacekeeping Operations Foreign Military Financing Program Global Security Contingency Fund (13) Withholding of assistance The Secretary of State shall withhold funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for the central government of a country if the Secretary determines and reports to the Committees on Appropriations that such government has engaged in, planned, or facilitated unconventional attacks against United States Government personnel stationed or traveling abroad, including through the use of acoustic technology. (c) World food programme (1) Contribution Funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development, from this or any other Act, may be made available as a general contribution to the World Food Programme, notwithstanding any other provision of law. (2) Program to leverage additional contributions Funds appropriated by this Act shall be made available to leverage additional contributions for the World Food Programme from sources other than the United States Government: Provided (d) Directives and authorities (1) Research and Training Funds appropriated by this Act under the heading Assistance for Europe, Eurasia and Central Asia 22 U.S.C. 4501 (2) Genocide victims memorial sites Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia (3) Additional Authorities Of the amounts made available by title I of this Act under the heading Diplomatic and Consular Programs 22 U.S.C. 2656d (4) Innovation The USAID Administrator may use funds appropriated by this Act under title III to make innovation incentive awards: Provided Provided further Provided further innovation incentive award (A) encourages and rewards the development of solutions for a particular, well-defined problem related to the alleviation of poverty; or (B) helps identify and promote a broad range of ideas and practices facilitating further development of an idea or practice by third parties. (5) Exchange visitor program None of the funds made available by this Act may be used to modify the Exchange Visitor Program administered by the Department of State to implement the Mutual Educational and Cultural Exchange Act of 1961, as amended, ( Public Law 87–256 22 U.S.C. 2451 Provided (e) Partner Vetting The Secretary of State and USAID Administrator may initiate a partner vetting program to mitigate the risk of diversion of foreign assistance, or make significant modifications to any existing partner vetting program, only following consultation with the Committees on Appropriations: Provided (f) Contingencies During fiscal year 2018, the President may use up to $125,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law. (g) International child abductions The Secretary of State should withhold funds appropriated under title III of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: Provided (h) Cultural Preservation Project determination None of the funds appropriated in titles I and III of this Act may be used for the preservation of religious sites unless the Secretary of State or the USAID Administrator, as appropriate, determines and reports to the Committees on Appropriations that such sites are historically, artistically, or culturally significant, that the purpose of the project is neither to advance nor to inhibit the free exercise of religion, and that the project is in the national interest of the United States. (i) Transfer of Funds for Extraordinary Protection The Secretary of State may transfer to, and merge with, funds under the heading Protection of Foreign Missions and Officials Diplomatic and Consular Programs Provided (j) Authority to counter extremism Funds made available by this Act under the heading Economic Support Fund Provided (k) Protections and Remedies for Employees of Diplomatic Missions and International Organizations Section 7034(k) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 (l) Extension of authorities (1) Passport fees Section 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) September 30, 2018 September 30, 2010 (2) Incentives for critical posts The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 (3) USAID civil service annuitant waiver Section 625(j)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1) September 30, 2018 October 1, 2010 (4) Overseas pay comparability and limitation (A) Subject to the limitation described in subparagraph (B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 (B) The authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 (5) Categorical Eligibility The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 (A) in section 599D ( 8 U.S.C. 1157 (i) in subsection (b)(3), by striking and 2017 2017, and 2018 (ii) in subsection (e), by striking 2017 2018 (B) in section 599E ( 8 U.S.C. 1255 2017 2018 (6) Inspector general annuitant waiver The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 (7) Extension of war reserves stockpile authority (A) Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 2018 2019 (B) Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321h(b)(2)(A) and 2018 2018, and 2019 (m) Monitoring and evaluation Funds appropriated by this Act that are available for monitoring and evaluation of assistance under the headings Development Assistance International Disaster Assistance Migration and Refugee Assistance Provided Provided further (n) HIV/AIDS Working capital fund Funds available in the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 ( Public Law 108–447 Provided Public Law 108–447 Provided further (o) Loans and enterprise funds (1) Loan Guarantees Funds appropriated under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia Provided (2) Enterprise Funds Funds appropriated under the heading Economic Support Fund Provided Public Law 112–74 Economic Support Fund Provided further Provided further (3) Designation requirement Funds made available pursuant to paragraph (1) from prior Acts making appropriations for the Department of State, foreign operations, and related programs that were previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act. (4) Consultation and Notification Funds made available pursuant to the authorities of this subsection shall be subject to prior consultation with the appropriate congressional committees, and subject to the regular notification procedures of the Committees on Appropriations. (p) Local sustainability awards program (1) Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia 22 U.S.C. 2151i (2) For the purposes of section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act 2015 ( 22 U.S.C. 2151i eligible entities Provided (3) The Small Grants Program 22 U.S.C. 2151i Local Sustainability Awards Program (q) Department of state inspector general waiver authority Section 209 of the Foreign Service Act of 1980 ( 22 U.S.C. 3929 (h) Waiver of annuity limitations for certain rehired foreign service annuitants (1) The Inspector General shall have the authority to waive the provisions of subsections (a) through (d) of section 824(a) ( 22 U.S.C. 4064(a) (A) if, and for so long as, such waiver is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances; or (B) if the annuitant is employed in a position for which there is exceptional difficulty in recruiting or retaining a qualified employee. (2) The Inspector General should prescribe procedures for the exercise of any authority under paragraph (1)(B), including criteria for any exercise of authority and procedures for a delegation of authority. (3) A reemployed annuitant as to whom a waiver under this subsection is in effect shall not be considered a participant for the purposes of subchapter I or II of chapter 8 of the Foreign Service Act of 1980 ( 22 U.S.C. 4041 . (r) Definitions (1) Appropriate Congressional Committees Unless otherwise defined in this Act, for purposes of this Act the term appropriate congressional committees (2) Funds Appropriated by this Act and Prior Acts Unless otherwise defined in this Act, for purposes of this Act the term funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs (3) International Financial Institutions In this Act international financial institutions (4) Southern Kordofan Reference Any reference to Southern Kordofan in this or any other Act making appropriations for the Department of State, foreign operations, and related programs shall be deemed to include portions of Western Kordofan that were previously part of Southern Kordofan prior to the 2013 division of Southern Kordofan. (5) USAID In this Act, the term USAID (6) Spend plan In this Act, the term spend plan (A) realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals; (B) amounts and sources of funds by account; (C) how such funds will complement other ongoing or planned programs; and (D) implementing partners, to the maximum extent practicable. (7) Clarification In this Act, the terms Assistant Secretary Under Secretary Assistant Secretary Under Secretary Arab league boycott of israel 7035. It is the sense of the Congress that— (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to United States investment and trade in the Middle East and North Africa; (2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; (3) all Arab League states should normalize relations with their neighbor Israel; (4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for example, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; and (5) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply. Palestinian statehood 7036. (a) Limitation on assistance None of the funds appropriated under titles III through VI of this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that— (1) the governing entity of a new Palestinian state— (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; and (B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and (2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include— (A) termination of all claims or states of belligerency; (B) respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones; (C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through international waterways in the area; and (E) a framework for achieving a just settlement of the refugee problem. (b) Sense of congress It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) Waiver The President may waive subsection (a) if the President determines that it is important to the national security interest of the United States to do so. (d) Exemption The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act ( Limitation on Assistance for the Palestinian Authority Restrictions concerning the palestinian authority 7037. None of the funds appropriated under titles II through VI of this Act may be obligated or expended to create in any part of Jerusalem a new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided Provided further Provided further Prohibition on assistance to the palestinian broadcasting corporation 7038. None of the funds appropriated or otherwise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation. assistance for the west bank and gaza 7039. (a) Oversight For fiscal year 2018, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading Economic Support Fund (b) Vetting Prior to the obligation of funds appropriated by this Act under the heading Economic Support Fund Provided (c) Prohibition (1) Recognition of acts of terrorism None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism. (2) Security assistance and reporting requirement Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been established for security assistance for the West Bank and Gaza and reports on the extent of Palestinian compliance with such benchmarks. (d) Audits by the United States agency for international development (1) The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section. (2) Of the funds appropriated by this Act, up to $500,000 may be used by the Office of Inspector General of the United States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements of this subsection: Provided (e) Comptroller General of the United States Audit Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2018 under the heading Economic Support Fund (1) the extent to which such Program complies with the requirements of subsections (b) and (c); and (2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures. (f) Notification Procedures Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations. (g) Report Not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations updating the report contained in section 2106 of chapter 2 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 ( Public Law 109–13 Limitation on assistance for the palestinian authority 7040. (a) Prohibition of funds None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority. (b) Waiver The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that waiving such prohibition is important to the national security interest of the United States. (c) Period of application of waiver Any waiver pursuant to subsection (b) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (d) Report Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the Committees on Appropriations detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed: Provided (e) Certification If the President exercises the waiver authority under subsection (b), the Secretary of State must certify and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll, and the Palestinian Authority is acting to counter incitement of violence against Israelis and is supporting activities aimed at promoting peace, coexistence, and security cooperation with Israel. (f) Prohibition to Hamas and the Palestine Liberation Organization (1) None of the funds appropriated in titles III through VI of this Act may be obligated for salaries of personnel of the Palestinian Authority located in Gaza or may be obligated or expended for assistance to Hamas or any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member, or that results from an agreement with Hamas and over which Hamas exercises undue influence. (2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only if the President certifies and reports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended. (3) The President may exercise the authority in section 620K(e) of the Foreign Assistance Act of 1961, as added by the Palestinian Anti-Terrorism Act of 2006 ( Public Law 109–446 (4) Whenever the certification pursuant to paragraph (2) is exercised, the Secretary of State shall submit a report to the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended: Provided (5) None of the funds appropriated under titles III through VI of this Act may be obligated for assistance for the Palestine Liberation Organization. Middle east and north africa 7041. (a) Egypt (1) Certification and report Funds appropriated by this Act that are available for assistance for Egypt may be made available notwithstanding any other provision of law restricting assistance for Egypt, except for this subsection and section 620M of the Foreign Assistance Act of 1961, and may only be made available for assistance for the Government of Egypt if the Secretary of State certifies and reports to the Committees on Appropriations that such government is— (A) sustaining the strategic relationship with the United States; and (B) meeting its obligations under the 1979 Egypt-Israel Peace Treaty. (2) Economic support fund (A) funding Of the funds appropriated by this Act under the heading Economic Support Fund Provided Provided further (B) Withholding The Secretary of State shall withhold from obligation funds appropriated by this Act under the heading Economic Support Fund Public Prosecution Case No. 1110 for the Year 2012 (C) Limitation None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Economic Support Fund Civil Associations and Foundations Support Fund (3) Foreign military financing program (A) certification Of the funds appropriated by this Act under the heading Foreign Military Financing Program Provided (i) advance democracy and human rights in Egypt, including to govern democratically and protect religious minorities and the rights of women, which are in addition to steps taken during the previous calendar year for such purposes; (ii) implement reforms that protect freedoms of expression, association, and peaceful assembly, including the ability of civil society organizations, human rights defenders, and the media to function without interference; (iii) release political prisoners and provide detainees with due process of law; (iv) hold Egyptian security forces accountable, including officers credibly alleged to have violated human rights; (v) investigate and prosecute cases of extrajudicial killings and forced disappearances, including the torture and murder Giulio Regeni, a University of Cambridge doctoral student; and (vi) provide regular access for United States officials to monitor such assistance in areas where the assistance is used: Provided further Provided further (B) Waiver The Secretary of State may waive the certification requirement in subparagraph (A) if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national security interest of the United States, and submits a report to such Committees containing a detailed justification for the use of such waiver and the reasons why any of the requirements of subparagraph (A) cannot be met. (4) Oversight requirements The Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this subsection for assistance for Egypt. (b) Iran (1) Funding Funds appropriated by this Act under the headings Diplomatic and Consular Programs Economic Support Fund Nonproliferation, Anti-terrorism, Demining and Related Programs (A) to support the United States policy to prevent Iran from achieving the capability to produce or otherwise obtain a nuclear weapon; (B) to support an expeditious response to any violation of the Joint Comprehensive Plan of Action or United Nations Security Council Resolution 2231; (C) to support the implementation and enforcement of sanctions against Iran for support of terrorism, human rights abuses, and ballistic missile and weapons proliferation; and (D) for democracy programs for Iran, to be administered by the Assistant Secretary for Near Eastern Affairs, Department of State, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State. (2) Continuation of prohibition The terms and conditions of section 7041(c)(2) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 (3) Reports (A) Semi-annual report The Secretary of State shall submit to the Committees on Appropriations the semi-annual report required by section 135 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2160e(d)(4) Public Law 114–17 (B) Sanctions report Not later than 180 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on the status of the implementation and enforcement of bilateral United States and multilateral sanctions against Iran and actions taken by the United States and the international community to enforce such sanctions against Iran: Provided Provided further (c) Iraq (1) Purposes Funds appropriated by this Act shall be made available for assistance for Iraq to promote governance, security, and internal and regional stability, including in the Kurdistan Region of Iraq and other areas impacted by the conflict in Syria, and among religious and ethnic minority populations in Iraq: Provided (2) Basing rights agreement None of the funds appropriated or otherwise made available by this Act may be used by the Government of the United States to enter into a permanent basing rights agreement between the United States and Iraq. (d) Jordan Of the funds appropriated by this Act under titles III and IV, not less than $1,500,000,000 shall be made available for assistance for Jordan, of which not less than: $1,082,400,000 shall be made available under the heading Economic Support Fund Foreign Military Financing Program (e) Lebanon (1) Limitation None of the funds appropriated by this Act may be made available for the Lebanese Internal Security Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF is controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (2) Consultation Funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement Foreign Military Financing Program (3) Economic support fund Funds appropriated by this Act under the heading Economic Support Fund Public Law 107–228 22 U.S.C. 2346 (4) Foreign military financing program In addition to the activities described in paragraph (2), funds appropriated by this Act under the heading Foreign Military Financing Program Provided Provided further (f) Libya (1) Funding Funds appropriated by titles III and IV of this Act shall be made available for assistance for Libya for programs to strengthen governing institutions and civil society, improve border security, and promote stability in Libya, and for activities to address the humanitarian needs of the people of Libya. (2) Limitations (A) Cooperation on the september 2012 attack on united states personnel and facilities None of the funds appropriated by this Act may be made available for assistance for the central Government of Libya unless the Secretary of State certifies and reports to the Committees on Appropriations that such government is cooperating with United States Government efforts to investigate and bring to justice those responsible for the attack on United States personnel and facilities in Benghazi, Libya in September 2012: Provided (B) Infrastructure projects The limitation on the uses of funds in section 7041(f)(2) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 (3) Certification Prior to the initial obligation of funds made available by this Act for assistance for Libya, the Secretary of State shall certify and report to the Committees on Appropriations that all practicable steps have been taken to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this subsection for assistance for Libya. (g) Morocco Funds appropriated by this Act under the heading Foreign Military Financing Program Public Law 115–31 (h) Relief and recovery fund (1) In general Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs Peacekeeping Operations Foreign Military Financing Program Provided (2) Concurrence Funds made available pursuant to paragraph (1) may only be made available with the concurrence of the Chief of Mission in a country where such areas are present, or the Special Envoy for Syria, as appropriate. (3) Transfer authority Funds appropriated under the headings pursuant to paragraph (1) may be transferred to, and merged with, funds appropriated under such headings: Provided (4) Transitional justice Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement Provided Provided further (5) Cost-matching basis Funds appropriated pursuant to paragraph (1) shall be made available to the maximum extent practicable on a cost-matching basis from sources other than the United States Government. (i) Syria (1) Non-lethal assistance Funds appropriated by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs Peacekeeping Operations (A) establish local governance in Syria that is representative, inclusive, and accountable; (B) empower women through political and economic programs, and address the psychosocial needs of women and their families in Syria and neighboring countries; (C) develop and implement political processes that are democratic, transparent, and strengthen the rule of law; (D) further the legitimacy and viability of the Syrian opposition and local government structures in Syria; (E) develop and sustain civil society and independent media in Syria; (F) promote stability and economic development in Syria; (G) document, investigate, and prosecute human rights violations in Syria, including through transitional justice programs and support for nongovernmental organizations; (H) expand the role of women in negotiations to end the violence and in any political transition in Syria; (I) assist Syrian refugees whose education has been interrupted by the ongoing conflict to complete higher education requirements at universities and other academic institutions in the region, and through distance learning; (J) assist vulnerable populations in Syria and in neighboring countries; (K) protect and preserve the cultural identity of the people of Syria as a counterbalance to extremism, particularly those living in neighboring countries and among youth; (L) protect and preserve cultural heritage sites in Syria, particularly those damaged and destroyed by extremists; (M) counter extremism in Syria; and (N) facilitate the return of displaced persons to liberated areas in Syria, including through demining and unexploded ordnance clearance programs. (2) Syrian organizations Funds appropriated by this Act that are made available for assistance for Syria pursuant to the authority of this subsection shall be made available, on an open and competitive basis, to continue a program to strengthen the capability of Syrian civil society organizations to address the immediate and long-term needs of the Syrian people in Syria in a manner that supports the sustainability of such organizations in implementing Syrian-led humanitarian and development programs and the comprehensive strategy required in section 7041(i)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 Provided (3) Limitation None of the funds appropriated by this Act for assistance for Syria may be made available for a project or activity that supports or otherwise legitimizes the Government of Iran, foreign terrorist organizations (as designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (4) Consultation and notification Funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees, and shall be subject to the regular notification procedures of the Committees on Appropriations. (j) tunisia Of the funds appropriated under titles III and IV of this Act, not less than $165,400,000 shall be made available for assistance for Tunisia. (k) West bank and gaza (1) Report on assistance Prior to the initial obligation of funds made available by this Act under the heading Economic Support Fund (A) advance Middle East peace; (B) improve security in the region; (C) continue support for transparent and accountable government institutions; (D) promote a private sector economy; or (E) address urgent humanitarian needs. (2) Limitations (A) (i) None of the funds appropriated under the heading Economic Support Fund (I) the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; or (II) the Palestinians initiate an International Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians. (ii) The Secretary of State may waive the restriction in clause (i) of this subparagraph resulting from the application of subclause (I) of such clause if the Secretary certifies to the Committees on Appropriations that to do so is in the national security interest of the United States, and submits a report to such Committees detailing how the waiver and the continuation of assistance would assist in furthering Middle East peace. (B) (i) The President may waive the provisions of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( Public Law 100–204 (I) obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians; and (II) taken any action with respect to the ICC that is intended to influence a determination by the ICC to initiate a judicially authorized investigation, or to actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians. (ii) Not less than 90 days after the President is unable to make the certification pursuant to clause (i) of this subparagraph, the President may waive section 1003 of Public Law 100–204 Provided Public Law 100–204 (iii) Any waiver pursuant to this subparagraph shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (3) Payments for acts of terrorism (A) Limitation (i) In general Funds appropriated by this Act under the heading Economic Support Fund (I) is taking credible steps to end acts of violence against Israeli citizens and United States citizens that are perpetrated by individuals under its jurisdictional control, such as the March 2016 attack that killed former United States Army officer Taylor Force, a veteran of the wars in Iraq and Afghanistan; (II) has terminated payments for acts of terrorism against Israeli citizens and United States citizens to any individual, after being fairly tried, who has been imprisoned for such acts of terrorism and to any individual who died committing such acts of terrorism, including to a family member of such individuals; (III) has revoked any law, decree, regulation, or document authorizing or implementing a system of compensation for imprisoned individuals that uses the sentence or period of incarceration of an individual to determine the level of compensation paid; and (IV) is publicly condemning such acts of violence and is taking steps to investigate or is cooperating in investigations of such acts of terrorism to bring the perpetrators to justice. (ii) Exception The limitation of this paragraph shall not apply to funds made available to the East Jerusalem Hospital Network. (iii) Rule of construction Amounts withheld pursuant to this paragraph shall be deemed to satisfy any similar withholding or reduction required under any other provision of law. (B) Availability Funds appropriated by this Act under the heading Economic Support Fund (C) Palestinian authority accountability fund (i) Establishment There is established in the Treasury a fund to be known as the Palestinian Authority Accountability Fund (ii) Use of funds Funds from the PAAF may be made available upon a certification by the Secretary of State to the appropriate congressional committees that the Palestinian Authority has met the conditions set forth in subparagraph (A). (iii) Disposition of unused funds On the date that is one year after the date of the enactment of this Act, and annually thereafter, all funds that are in the PAAF shall be withdrawn and made available to the Department of State for the purposes of assistance other than that deemed benefitting the Palestinian Authority. (D) Reporting requirement Not later than 180 days after enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report, which shall be submitted in unclassified form but may include a classified annex, including at a minimum— (i) an estimate of the amount expended by the Palestinian Authority during the previous calendar year as payments for acts of terrorism by individuals who are imprisoned for such acts; (ii) an estimate of the amount expended by the Palestinian Authority during the previous calendar year as payments to the families of deceased individuals who committed an act of terrorism; (iii) an overview of Palestinian laws, decrees, regulations, or documents in effect during the previous calendar year that authorize or implement any payments reported under clauses (i) and (ii); (iv) a description of United States Government policy, efforts, and engagement with the Palestinian Authority in order to confirm the revocation of any law, decree, regulation, or document in effect the previous calendar year that authorizes or implements any payments reported under clauses (i) and (ii); and (v) a description of United States Government policy, efforts, and engagement with other governments, and the United Nations, to highlight the issue of Palestinian payments for acts of terrorism and to urge other nations to join the United States in calling on the Palestinian Authority to end this system immediately. (4) Reports (A) Security strategy The reporting requirements in section 1404 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 (B) Counter incitement Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing steps taken by the Palestinian Authority to counter incitement of violence against Israelis and to promote peace and coexistence with Israel. (l) Western sahara (1) Assistance and consultation Funds appropriated under title III of this Act may be made available for assistance for the people of Western Sahara following consultation with the Committees on Appropriations and with representatives of the United Nations Mission for the Referendum in the Western Sahara. (2) United states policy Nothing in this Act shall be construed to change the policy of the United States to find a peaceful, sustainable, and mutually agreed upon solution for the Western Sahara. africa 7042. (a) African great lakes region assistance restriction Funds appropriated by this Act under the heading International Military Education and Training (b) Boko Haram Funds appropriated by this Act that are made available for assistance for Cameroon, Chad, Niger, and Nigeria— (1) shall be made available for assistance for women and girls who are targeted by the terrorist organization Boko Haram, consistent with the provisions of section 7059 of this Act, and for individuals displaced by Boko Haram violence; and (2) may be made available for counterterrorism programs to combat Boko Haram. (c) Central African Republic Funds made available by this Act for assistance for the Central African Republic shall be made available for reconciliation and peacebuilding programs, including activities to promote inter-faith dialogue at the national and local levels, and for programs to prevent crimes against humanity. (d) Ethiopia (1) Forced evictions (A) Funds appropriated by this Act for assistance for Ethiopia may not be made available for any activity that supports forced evictions. (B) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support projects in Ethiopia only if such projects are developed and carried out in accordance with the requirements of section 7029(b)(2) of this Act. (2) Consultation Programs and activities to improve livelihoods shall include prior consultation with, and the participation of, affected communities, including in the South Omo and Gambella regions. (3) Report Of the funds appropriated by this Act that are available for assistance for Ethiopia, 25 percent may only be made available after the Secretary of State submits the report required under this heading in the report accompanying this Act: Provided Foreign Military Financing Program (e) Lake chad basin countries Funds appropriated by this Act shall be made available for Cameroon, Chad, Niger, and Nigeria, following consultation with the Committees on Appropriations, for— (1) democracy programs, including to protect freedom of expression, association, assembly, and religion, including support for independent journalists, civil society, and democratic political parties; and (2) assistance for governments of such countries to strengthen accountability and the rule of law, including within the security forces. (f) Lord's Resistance Army Of the funds appropriated by this Act under the heading Economic Support Fund Public Law 111–172 (g) Malawi Of the funds appropriated by this Act under the heading Development Assistance (h) South Sudan (1) Strategy update Not later than 60 days after enactment of this Act, the Secretary of State, in consultation with the USAID Administrator, shall submit an update to the strategy required in section 7042(i) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 (2) Certification None of the funds appropriated by this Act that are available for assistance for the central Government of South Sudan may be made available until the Secretary of State certifies and reports to the Committees on Appropriations that such government is taking effective steps to— (A) end hostilities and pursue good faith negotiations for a political settlement of the conflict; (B) provide access for humanitarian organizations; (C) end the recruitment and use of child soldiers; (D) protect freedoms of expression, association, and assembly; (E) reduce corruption related to the extraction and sale of oil and gas; (F) establish democratic institutions; (G) establish accountable military and police forces under civilian authority; and (H) investigate and prosecute individuals credibly alleged to have committed gross violations of human rights, including at the Terrain compound in Juba, South Sudan on July 11, 2016. (3) Exclusions The limitation of paragraph (2) shall not apply to— (A) humanitarian assistance; (B) assistance to support South Sudan peace negotiations or to advance or implement a peace agreement; and (C) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement and mutual arrangements related to such Agreement. (4) Consultation Prior to the initial obligation of funds made available for the central Government of South Sudan pursuant to paragraphs (3)(B) and (C), the Secretary of State shall consult with the Committees on Appropriations on the intended uses of such funds, steps taken by such government to advance or implement a peace agreement, and progress made by the Government of South Sudan in meeting the requirements in paragraph (2). (i) Sudan (1) Limitations (A) Assistance Notwithstanding any other provision of law, none of the funds appropriated by this Act may be made available for assistance for the Government of Sudan. (B) Loans None of the funds appropriated by this Act may be made available for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees held by the Government of Sudan, including the cost of selling, reducing, or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements. (2) Exclusions The limitations of paragraph (1) shall not apply to— (A) humanitarian assistance; (B) assistance for democracy programs; (C) assistance for the Darfur region, Southern Kordofan State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and (D) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement, mutual arrangements related to post-referendum issues associated with such Agreement, or any other internationally recognized viable peace agreement in Sudan. (j) Zimbabwe (1) Instruction The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any extension by the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State certifies and reports to the Committees on Appropriations that the rule of law has been restored, including respect for ownership and title to property, and freedoms of expression, association, and assembly. (2) Limitation None of the funds appropriated by this Act shall be made available for assistance for the central Government of Zimbabwe, except for health and education, unless the Secretary of State certifies and reports as required in paragraph (1), and funds may be made available for macroeconomic growth assistance if the Secretary reports to the Committees on Appropriations that such government is implementing transparent fiscal policies, including public disclosure of revenues from the extraction of natural resources. East Asia and the Pacific 7043. (a) Burma (1) Bilateral economic assistance (A) Economic support fund Funds appropriated by this Act under the heading Economic Support Fund (B) Uses Funds appropriated under title III of this Act for assistance for Burma— (i) shall be made available to strengthen civil society organizations in Burma and for programs to strengthen independent media; (ii) shall be made available for community-based organizations operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds appropriated by this Act under the heading Migration and Refugee Assistance (iii) shall be made available for programs to promote ethnic and religious tolerance, including in Rakhine and Kachin states; (iv) shall be made available to promote rural economic development in Burma, including through microfinance and sustainable power generation programs; (v) shall be made available to increase opportunities for foreign direct investment by strengthening the rule of law, transparency, and accountability; (vi) may not be made available to any individual or organization if the Secretary of State has credible information that such individual or organization has committed a gross violation of human rights, including against Rohingya and other minority groups, or that advocates violence against ethnic or religious groups or individuals in Burma; (vii) may not be made available to any organization or entity controlled by the armed forces of Burma; and (viii) may be made available for programs administered by the Office of Transition Initiatives, United States Agency for International Development, for ethnic groups and civil society in Burma to help sustain ceasefire agreements and further prospects for reconciliation and peace, which may include support to representatives of ethnic armed groups for this purpose. (2) International security assistance None of the funds appropriated by this Act under the headings International Military Education and Training Foreign Military Financing Program Provided (3) Multilateral assistance The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support projects in Burma only if such projects are developed and carried out in accordance with the requirements of section 7029(b)(2) of this Act. (4) Certification Notwithstanding any provision of this subsection, of the funds appropriated by this Act under the heading Economic Support Fund (A) has terminated military cooperation with North Korea; (B) is respecting human rights and the rule of law, particularly regarding the arrest and prosecution of three journalists in Shan state in June, 2017 and two Kachin pastors in December, 2016; (C) is revising and updating colonial-era laws that are used in such prosecutions; and (D) is credibly investigating the murder of U Ko Ni, and is taking steps to protect and defend the security and safety of other activists. (5) Programs, position, and responsibilities (A) Any new program or activity in Burma initiated in fiscal year 2018 shall be subject to prior consultation with the appropriate congressional committees. (B) Section 7043(b)(7) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 (C) The United States Chief of Mission in Burma, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, shall be responsible for democracy and human rights programs in Burma. (b) Cambodia (1) Conditions on assistance None of the funds appropriated by this Act that are made available for assistance for the central Government of Cambodia may be obligated or expended unless the Secretary of State certifies and reports to the Committees on Appropriations that such government— (A) is taking effective steps to strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea; (B) has ceased efforts to intimidate civil society and the political opposition in Cambodia, is credibly investigating the murder of social and political activists, and is taking steps to address the concerns detailed in the September 14, 2016 United Nations Human Rights Situation in Cambodia—Joint Statement; and (C) is supporting the conduct of free and fair elections in Cambodia through a non-partisan election commission; fair election processes; open and inclusive participation, to include the return of exiled former opposition leaders and the release of jailed opposition leaders and civil society activists; respect for freedoms of assembly, speech, and the press; and credible post-election dispute resolution mechanisms. (2) Inadmissability of cambodian officials who undermine democracy in cambodia For purposes of administering clause (i) of section 212(a)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(C) potentially serious adverse foreign policy consequences Provided (c) North Korea (1) Withholding of funds (A) Capabilities None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for the central government of a country the Secretary of State determines and reports to the appropriate congressional committees is knowingly contributing, directly or indirectly, to the nuclear, ballistic missile, or malicious cyber-intrusion capabilities of the Government of North Korea. (B) Review The Secretary of State shall review sanctions applied pursuant to the North Korea Sanctions and Policy Enhancement Act of 2016 ( Public Law 114–122 Public Law 115–44 (C) Waiver The Secretary of State may waive the application of the restriction in subparagraph (A) if the Secretary determines and reports to the appropriate congressional committees that to do so is important to the national security interest of the United States, including a description of the national security interest served. (2) Broadcasts Funds appropriated by this Act under the heading International Broadcasting Operations (3) Refugees Funds appropriated by this Act under the heading Migration and Refugee Assistance (4) Database and report Funds appropriated by this Act under title III shall be made available to maintain a database of prisons and gulags in North Korea, in accordance with section 7032(i) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 (5) Human rights promotion and limitation on use of funds (A) Human rights promotion Of the funds appropriated by this Act under the heading Economic Support Fund Provided (B) Limitation None of the funds made available by this Act under the heading Economic Support Fund (d) People's Republic of China (1) Limitation on use of funds None of the funds appropriated under the heading Diplomatic and Consular Programs (2) People's liberation army The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 Provided (3) Counter influence programs Funds appropriated by this Act for public diplomacy under title I and for assistance under titles III and IV shall be made available to counter the influence of the PRC, in accordance with the strategy required by section 7043(e)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 (4) Authority and notification requirement (A) Authority The uses of funds made available by this Act for the promotion of democracy in the PRC, except for funds made available under subsection (f), shall be the responsibility of the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State. (B) Notification Funds appropriated by this Act that are made available for trilateral programs conducted with the PRC shall be subject to the regular notification procedures of the Committees on Appropriations. (e) Philippines (1) International narcotics control and law enforcement Funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement Provided (2) National drug treatment and demand reduction program Funds appropriated by this Act that are made available for assistance for the Philippines may be made available for the Philippine Department of Health and local entities to support the implementation of a national drug treatment and demand reduction program only if the Secretary of State, in consultation with the USAID Administrator, certifies and reports to the appropriate congressional committees that the Government of the Philippines is effectively implementing a national strategy to support drug treatment and the prevention of illicit drug use in a manner that is consistent with best practices: Provided Provided further (f) Tibet (1) Financing of projects in tibet The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support financing of projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring. (2) Programs for tibetan communities (A) Tibetan autonomous region Notwithstanding any other provision of law, of the funds appropriated by this Act under the heading Economic Support Fund (B) India and nepal Of the funds appropriated by this Act under the heading Economic Support Fund Provided (C) Tibetan governance Of the funds appropriated by this Act under the heading Economic Support Fund (g) Vietnam (1) Dioxin remediation Notwithstanding any other provision of law, of the funds appropriated by this Act under the heading Economic Support Fund (2) Health and disability programs Of the funds appropriated by this Act under the heading Development Assistance South and Central Asia 7044. (a) Afghanistan (1) Assistance and conditions (A) Funding and limitations Funds appropriated by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement Provided (i) includes the participation of any Afghan individual or organization, including government entity, if the Secretary of State has credible information that such individual, organization, or entity is involved in corrupt practices, illicit narcotics production or trafficking, or a violation of human rights; (ii) cannot be sustained, as appropriate, by the Government of Afghanistan or another Afghan entity; (iii) is not regularly accessible for the purposes of conducting effective oversight in accordance with applicable Federal statutes and regulations; or (iv) initiates any new, major infrastructure development; and (v) is conducted in areas not under the control of the Government of Afghanistan and where project and resource disbursement monitoring cannot be performed, unless the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, certifies to the Committees on Appropriations that to do so is in the national security interest of the United States, and submits a report to such Committees describing such interest, including how such project or activity does not legitimize the Taliban. (B) Certification and report Prior to the initial obligation of funds made available by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement (i) goals and benchmarks for the specific uses of such funds have been established by the Governments of the United States and Afghanistan; (ii) conditions are in place that increase the transparency and accountability of the Government of Afghanistan for funds obligated under the New Development Partnership or other incentive-based programs; (iii) the Government of Afghanistan is implementing laws and policies to govern democratically and protect the rights of individuals, civil society, and the media; (iv) the Government of Afghanistan is taking effective steps, that are in addition to steps taken during the previous calendar year, to protect and advance the rights of women and girls in Afghanistan; (v) the Government of Afghanistan is effectively implementing a whole-of-government, anti-corruption strategy that has been endorsed by the High Council on Rule of Law and Anti-Corruption, as agreed to at the Brussels Conference on Afghanistan in October 2016, and is prosecuting individuals alleged to be involved in corrupt or illegal activities in Afghanistan; (vi) monitoring and oversight frameworks for programs implemented with such funds are in accordance with all applicable audit policies of the Department of State and USAID, including in areas under the control of the Taliban or other extremist organizations; (vii) the necessary policies and procedures are in place to ensure Government of Afghanistan compliance with section 7013 of this Act, Prohibition on Taxation of United States Assistance (viii) the Government of Afghanistan is publicly reporting its national budget, including revenues and expenditures. (C) Waiver The Secretary of State may waive the certification requirement of subparagraph (B) if the Secretary determines that to do so is important to the national security interest of the United States and the Secretary submits a report to the Committees on Appropriations, in classified form if necessary, on the justification for the waiver and the reasons why any of the requirements of subparagraph (B) cannot be met. (D) Programs Funds appropriated by this Act that are made available for assistance for Afghanistan shall be made available— (i) for programs that protect and strengthen the rights of women and girls and promote the political and economic empowerment of women, including their meaningful inclusion in political processes: Provided (ii) for programs in South and Central Asia to expand linkages between Afghanistan and countries in the region; and (iii) to assist the Government of Afghanistan to develop and implement more effective systems of revenue generation and transparent budgetary processes. (E) Certification None of the funds appropriated by this Act for assistance for Afghanistan may be made available for direct government-to-government assistance unless the Secretary of State certifies and reports to the Committees on Appropriations that United States companies and organizations that are implementing United States foreign assistance programs in Afghanistan in a manner consistent with United States laws and regulations are not subjected by such government to taxes or other fees in contravention of diplomatic and other agreements between the Governments of the United States and Afghanistan, or to retaliation for the nonpayment of taxes or fees imposed in the past: Provided (2) Goals and benchmarks Not later than 90 days after enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report describing the goals and benchmarks required in paragraph (1)(B)(i): Provided Provided further (3) Authorities (A) Funds appropriated by this Act under title III through VI that are made available for assistance for Afghanistan may be made available— (i) notwithstanding section 7012 of this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961; (ii) for reconciliation programs and disarmament, demobilization, and reintegration activities for former combatants who have renounced violence against the Government of Afghanistan, in accordance with section 7046(a)(2)(B)(ii) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 (iii) for an endowment to empower women and girls. (B) Section 7046(a)(2)(A) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 (C) Section 1102(c) of the Supplemental Appropriations Act, 2009 (title XI of Public Law 111–32 (4) Basing rights agreement None of the funds made available by this Act may be used by the United States Government to enter into a permanent basing rights agreement between the United States and Afghanistan. (b) Nepal (1) Assistance Not less than $121,480,000 of the funds appropriated by this Act under the headings Global Health Programs Economic Support Fund International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs (2) Foreign military financing program Funds appropriated by this Act under the heading Foreign Military Financing Program Provided (c) Pakistan (1) Certification None of the funds appropriated or otherwise made available by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement Foreign Military Financing Program (A) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and other domestic and foreign terrorist organizations, including taking effective steps to end support for such groups and prevent them from basing and operating in Pakistan and carrying out cross border attacks into neighboring countries; (B) not supporting terrorist activities against United States or coalition forces in Afghanistan, and Pakistan’s military and intelligence agencies are not intervening extra-judicially into political and judicial processes in Pakistan; (C) not financing or otherwise supporting schools supported by, affiliated with, or run by the Taliban or any designated foreign terrorist organization; (D) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the manufacture of IEDs; (E) preventing the proliferation of nuclear-related material and expertise; (F) issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and (G) providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by the conflict. (2) Waiver and reports (A) The Secretary of State may waive the certification requirement of paragraph (1) with respect to funds appropriated or otherwise made available by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement (B) The Secretary of State may waive the certification requirement of paragraph (1) with respect to 75 percent of the funds appropriated or otherwise made available by this Act under the heading Foreign Military Financing Program Provided (C) In exercising the authority of this paragraph, the Secretary of State shall submit a report to the Committees on Appropriations, in classified form if necessary, on the justification for any waivers in subparagraphs (A) and (B) and the reasons why any of the requirements of paragraph (1) cannot be met. (3) Assistance (A) Funds appropriated by this Act under the heading Foreign Military Financing Program (B) Funds appropriated by this Act under the headings Economic Support Fund Nonproliferation, Anti-terrorism, Demining and Related Programs (C) Funds appropriated by this Act under the heading Economic Support Fund 19 U.S.C. 2467(6) (D) Funds appropriated by this Act under titles III and IV for assistance for Pakistan may be made available notwithstanding any other provision of law, except for section 620M of the Foreign Assistance Act of 1961. (E) Of the funds appropriated under titles III and IV of this Act that are made available for assistance for Pakistan, $33,000,000 shall be withheld from obligation until the Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from prison and cleared of all charges relating to the assistance provided to the United States in locating Osama bin Laden. (4) Scholarships for women The authority and directives of section 7044(d)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 Provided (5) Reports (A) Goals and benchmarks (i) In general The spend plan required by section 7076 of this Act for assistance for Pakistan shall include realistic and sustainable goals, benchmarks for measuring progress, and expected results regarding combating poverty and furthering development in Pakistan, countering terrorism and extremism, and establishing conditions conducive to the rule of law and transparent and accountable governance: Provided (ii) Suspension of assistance The Secretary of State should suspend assistance for the Government of Pakistan if any report required by clause (i) indicates that Pakistan is failing to make measurable progress in meeting such goals or benchmarks. (B) Significant infrastructure projects Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing the costs and objectives associated with significant infrastructure projects supported by the United States in Pakistan, and an assessment of the extent to which such projects achieve such objectives: Provided (6) Oversight The Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this subsection for assistance for Pakistan. (d) Sri Lanka (1) Bilateral economic assistance Of the funds appropriated by this Act under the heading Economic Support Fund Provided (2) Certification Funds appropriated by this Act for assistance for the central Government of Sri Lanka may be made available only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Sri Lanka is— (A) repealing laws that do not comply with international standards for arrest and detention, and ensuring that any successor legislation meets such standards; (B) increasing accountability and transparency in governance; (C) supporting a credible justice mechanism in compliance with United Nations Human Rights Council Resolution (A/HCR/30/L.29) of October, 2015; (D) returning land in former conflict zones to former owners or compensating those whose land was confiscated without due process, which is in addition to steps taken during the previous calendar year; (E) establishing a functioning office of missing persons and publishing lists of all persons who surrendered to such Government at the end of the war; and (F) redeploying the armed forces out of former conflict zones and restructuring and reducing the size of the armed forces. (3) International security assistance Funds appropriated under title IV of this Act that are available for assistance for Sri Lanka shall be subject to the following conditions— (A) not to exceed $500,000 under the heading Foreign Military Financing Program (B) funds under the heading Peacekeeping Operations (e) Regional programs (1) Cross border programs Funds appropriated by this Act under the heading Economic Support Fund (2) Security and justice programs Funds appropriated by this Act that are made available for assistance for Afghanistan and other countries in South and Central Asia shall be made available to accelerate the recruitment and enhance the retention and professionalism of women in the judiciary, police, and other security forces. Latin America and the Caribbean 7045. (a) Central America (1) Funding Subject to the requirements of this subsection, of the funds appropriated under titles III and IV of this Act, $600,000,000 should be made available for assistance for countries in Central America to implement the United States Strategy for Engagement in Central America: Provided (2) Pre-obligation requirements Prior to the obligation of funds made available pursuant to paragraph (1), the Secretary of State shall submit to the Committees on Appropriations an updated multi-year spend plan as described under this section in the report accompanying this Act. (3) Assistance for the central governments of el salvador, guatemala, and honduras Of the funds made available pursuant to paragraph (1) that are available for assistance for each of the central governments of El Salvador, Guatemala, and Honduras, the following amounts shall be withheld from obligation and may only be made available as follows: (A) 25 percent may only be obligated after the Secretary of State certifies and reports to the appropriate congressional committees that such government is— (i) informing its citizens of the dangers of the journey to the southwest border of the United States; (ii) combating human smuggling and trafficking; (iii) improving border security, including preventing illegal migration, human smuggling and trafficking, and trafficking of illicit drugs and other contraband; and (iv) cooperating with United States Government agencies and other governments in the region to facilitate the return, repatriation, and reintegration of illegal migrants arriving at the southwest border of the United States who do not qualify for asylum, consistent with international law. (B) An additional 50 percent may only be obligated after the Secretary of State certifies and reports to the appropriate congressional committees that such government is— (i) working cooperatively with an autonomous, publicly accountable entity to provide oversight of the Plan of the Alliance for Prosperity in the Northern Triangle in Central America (the Plan); (ii) combating corruption, including investigating and prosecuting current and former government officials credibly alleged to be corrupt; (iii) implementing reforms, policies, and programs to improve transparency and strengthen public institutions, including increasing the capacity and independence of the judiciary and the Office of the Attorney General; (iv) implementing a policy to ensure that local communities, civil society organizations (including indigenous and other marginalized groups), and local governments are consulted in the design, and participate in the implementation and evaluation of, activities of the Plan that affect such communities, organizations, and governments; (v) countering the activities of criminal gangs, drug traffickers, and organized crime, including by enacting and implementing effective plea bargaining laws; (vi) investigating and prosecuting in the civilian justice system government personnel, including military and police personnel, who are credibly alleged to have violated human rights, and ensuring that such personnel are cooperating in such cases; (vii) cooperating with commissions against corruption and impunity and with regional human rights entities; (viii) supporting programs to reduce poverty, expand education and vocational training for at-risk youth, create jobs, and promote equitable economic growth particularly in areas contributing to large numbers of migrants; (ix) implementing a plan that includes goals, benchmarks, and timelines to create a professional, accountable civilian police force and end the role of the military in internal policing, and make such plan available to the Department of State; (x) protecting the right of political opposition parties, journalists, trade unionists, human rights defenders, and other civil society activists to operate without interference; (xi) increasing government revenues, including by implementing tax reforms and strengthening customs agencies; and (xii) resolving commercial disputes, including the confiscation of real property, between United States entities and such government. (4) Exemption The conditions specified in subparagraph (3)(B) shall not apply to funds made available for the International Commission against Impunity in Guatemala or the Mission to Support the Fight against Corruption and Impunity in Honduras. (5) Periodic review and report (A) Periodic review and suspension of assistance The Secretary of State shall periodically review the progress of each of the central governments of El Salvador, Guatemala, and Honduras in meeting the requirements of paragraphs (3)(A) and (3)(B): Provided Provided further (B) Report The Secretary of State shall, following a change of national government in El Salvador, Guatemala, or Honduras, determine and report to the appropriate congressional committees that any new government has committed to take the steps to meet the requirements of paragraphs (3)(A) and (3)(B): Provided (6) Transfer of funds The Department of State and USAID shall, following consultation with the Committees on Appropriations, transfer funds made available by this Act under the heading Development Assistance (7) Limitation None of the funds made available by this subsection for assistance for countries in Central America may be made available for direct government-to-government assistance or for major infrastructure projects. (b) Colombia (1) Assistance Of the funds appropriated by this Act under titles III and IV, not less than $391,253,000 shall be made available for assistance for Colombia, including to support the efforts of the Government of Colombia to— (A) conduct a unified campaign against narcotics trafficking, organizations designated as foreign terrorist organizations pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 Provided (B) enhance security and stability in Colombia and the region; (C) strengthen and expand governance, the rule of law, and access to justice throughout Colombia; (D) promote economic and social development, including by improving access to areas impacted by conflict through demining programs; and (E) implement a peace agreement between the Government of Colombia and illegal armed groups, in accordance with constitutional and legal requirements in Colombia: Provided (2) Limitation None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Colombia may be made available for payment of reparations to conflict victims or compensation to demobilized combatants associated with a peace agreement between the Government of Colombia and illegal armed groups. (3) Pre-obligation requirements Prior to the initial obligation of funds made available pursuant to paragraph (1), the Secretary of State, in consultation with the USAID Administrator, shall submit to the Committees on Appropriations an updated multi-year spend plan as described under section 7045 in the report accompanying this Act. (4) Refugees Funds made available by this Act under the heading Economic Support Fund Migration and Refugee Assistance (5) Counternarcotics Of the funds made available by this Act under the heading International Narcotics Control and Law Enforcement (6) Human rights Of the funds made available by this Act under the heading Foreign Military Financing Program (7) Exceptions The limitations of paragraphs (5) and (6) shall not apply to funds made available for aviation instruction and maintenance, and maritime and riverine security programs. (c) Cuba (1) Of the funds appropriated by this Act under the heading Economic Support Fund (2) Of the funds made available under paragraph (1), not less than $3,000,000 shall be made available to the United States Agency for International Development to support— (A) free enterprise and private business organizations in Cuba; and (B) people-to-people educational and cultural activities. (3) For the purposes of paragraph (2), activities described in such paragraph shall be considered to be democracy programs pursuant to section 7032(b) of this Act, except that none of the funds made available under such paragraph may be used for assistance for the Government of Cuba. (4) Funds appropriated under title I of this Act may be made available for— (A) the operation of, and infrastructure and security improvements to, United States diplomatic facilities in Cuba; and (B) costs associated with United States diplomatic personnel in Cuba. (5) Notwithstanding any other provision of law enacted prior to this Act, United States payments to the Inter-American Development Bank (IDB) shall not be withheld if the IDB awards grants for the purpose of hiring consultants and the payment of other costs related to technical assistance to facilitate transparency, private sector development, and other structural reforms of the Cuban economy: Provided (d) Haiti (1) Certification Funds appropriated by this Act under the headings Development Assistance Economic Support Fund (A) strengthening the rule of law in Haiti, including by— (i) selecting judges in a transparent manner based on merit; (ii) reducing pre-trial detention; (iii) respecting the independence of the judiciary; and (iv) improving governance by implementing reforms to increase transparency and accountability, including through the penal and criminal codes; (B) combating corruption, including by implementing the anti-corruption law enacted in 2014 and prosecuting corrupt officials; (C) increasing government revenues, including by implementing tax reforms, and increasing expenditures on public services; and (D) resolving commercial disputes between United States entities and the Government of Haiti. (2) Haitian Coast Guard The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act ( 22 U.S.C. 2751 (e) Venezuela Of the funds appropriated by this Act under the heading Economic Support Fund Provided Europe and Eurasia 7046. (a) Assistance (1) Georgia Of the funds appropriated by this Act under titles III and IV, not less than $105,325,000 shall be made available for assistance for Georgia. (2) Ukraine Of the funds appropriated by this Act under titles III and IV, not less than $420,780,000 shall be made available for assistance for Ukraine. (b) Limitation None of the funds appropriated by this Act may be made available for assistance for a government of an Independent State of the former Soviet Union if such government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act: Provided Provided further (c) Section 907 of the Freedom Support Act Section 907 of the FREEDOM Support Act ( 22 U.S.C. 5812 (1) activities to support democracy or assistance under title V of the FREEDOM Support Act ( 22 U.S.C. 5851 50 U.S.C. 2333 (2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2421 (3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity; (4) any insurance, reinsurance, guarantee, or other assistance provided by the Overseas Private Investment Corporation under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2191 (5) any financing provided under the Export-Import Bank Act of 1945 ( Public Law 79–173 (6) humanitarian assistance. (d) Turkey (1) None of the funds appropriated or otherwise made available under this Act may be used to facilitate or support the sale of defense articles or services to the Turkish Presidential Protection Directorate under section 4 of the Arms Export Control Act ( 22 U.S.C. 2754 (A) govern democratically and protect the rights of minorities and women; (B) implement reforms that protect freedoms of expression, association, and assembly, including the ability of civil society organizations, political opposition parties, and the media to function without interference; and (C) release political prisoners and provide detainees with due process of law. (2) Nothing in this subsection shall be construed to prevent or limit the use of funds appropriated or otherwise made available under this Act for border security purposes, or for NATO or coalition operations. (e) Restriction on entry into the united states by turkish officials (1) The Secretary of State shall deny entry into the United States to any senior official of the Government of Turkey about whom the Secretary has credible information is knowingly responsible for the wrongful or unlawful prolonged detention of citizens or nationals of the United States. (2) The Secretary shall also identify officials of the Government of Turkey about whom the Secretary has such credible information without regard to whether the individual has applied for a visa. (3) Individuals shall not be subject to paragraph (1) if their entry into the United States would further important United States national security or law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement or other international obligations: Provided (4) The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a United States national interest or that the circumstances which caused the individual to be denied entry have changed sufficiently. (5) Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit a report, including a classified annex if necessary, to the Committees on Appropriations describing the information related to the prolonged detention of United States citizens or nationals described in paragraph (1) and the individuals identified by the Secretary pursuant to paragraph (2), or who would be subject to paragraph (1) but for the application of paragraph (3), and containing a list of any waivers provided under paragraph (4) and the justification for each waiver. (6) Any unclassified portion of the report required under paragraph (5) shall be posted on the Department of State website. (f) Restriction on entry into the united states by azerbaijani officials Section 7031(c) of this Act shall be applied to officials of the Government of Azerbaijan about whom the Secretary of State has credible information have been involved in the wrongful imprisonment of Mehman Aliyev, the director of Turan, Azerbaijan’s last remaining independent news outlet. (g) Magnitsky act congressional review requirement Section 216(a)(2)(B)(i) of the Russia Sanctions Review Act of 2017 (part 1 of subtitle A of title II of Public Law 115–44 (1) in subclause (III), by striking ; and (2) by adding at the end the following new subclause: (IV) the Sergei Magnitsky Rule of Law Accountability Act of 2012 (title IV of Public Law 112–208 22 U.S.C. 5811 . War crimes tribunals 7047. (a) If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 Provided, Provided further, (b) None of the funds appropriated by this Act may be made available for a United States contribution to the International Criminal Court: Provided Public Law 106–113 Provided further UNITED NATIONS 7048. (a) Transparency and accountability (1) Restrictions Of the funds appropriated under title I and under the heading International Organizations and Programs (A) posting on a publicly available Web site, consistent with privacy regulations and due process, regular financial and programmatic audits of such organization, department, or agency, and providing the United States Government with necessary access to such financial and performance audits; and (B) effectively implementing and enforcing policies and procedures which reflect best practices for the protection of whistleblowers from retaliation, including best practices for— (i) protection against retaliation for internal and lawful public disclosures; (ii) legal burdens of proof; (iii) statutes of limitation for reporting retaliation; (iv) access to independent adjudicative bodies, including external arbitration; and (v) results that eliminate the effects of proven retaliation. (2) Waiver The restrictions imposed by or pursuant to paragraph (1) may be waived on a case-by-case basis if the Secretary of State determines and reports to the Committees on Appropriations that such waiver is necessary to avert or respond to a humanitarian crisis. (b) Restrictions on United Nations Delegations and Organizations (1) Restrictions on united states delegations None of the funds made available by this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such agency, body, or commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. App. 2405(j)(1) (2) Restrictions on contributions None of the funds made available by this Act may be used by the Secretary of State as a contribution to any organization, agency, commission, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, section 6(j)(1) of the Export Administration Act of 1979, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (3) Waiver The Secretary of State may waive the restriction in this subsection if the Secretary determines and reports to the Committees on Appropriations that to do so is in the national interest of the United States, including a description of the national interest served. (c) United Nations Human Rights Council None of the funds appropriated by this Act may be made available in support of the United Nations Human Rights Council unless the Secretary of State determines and reports to the Committees on Appropriations that participation in the Council is important to the national interest of the United States and that the Council is taking significant steps to remove Israel as a permanent agenda item: Provided Provided further (d) United Nations Relief and Works Agency Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report in writing to the Committees on Appropriations on whether the United Nations Relief and Works Agency (UNRWA) is— (1) utilizing Operations Support Officers in the West Bank, Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use; (2) acting promptly to address any staff or beneficiary violation of its own policies (including the policies on neutrality and impartiality of employees) and the legal requirements under section 301(c) of the Foreign Assistance Act of 1961; (3) implementing procedures to maintain the neutrality of its facilities, including implementing a no-weapons policy, and conducting regular inspections of its installations, to ensure they are only used for humanitarian or other appropriate purposes; (4) taking necessary and appropriate measures to ensure it is operating in compliance with the conditions of section 301(c) of the Foreign Assistance Act of 1961 and continuing regular reporting to the Department of State on actions it has taken to ensure conformance with such conditions; (5) taking steps to ensure the content of all educational materials currently taught in UNRWA-administered schools and summer camps is consistent with the values of human rights, dignity, and tolerance and does not induce incitement; (6) not engaging in operations with financial institutions or related entities in violation of relevant United States law, and is taking steps to improve the financial transparency of the organization; and (7) in compliance with the United Nations Board of Auditors’ biennial audit requirements and is implementing in a timely fashion the Board’s recommendations. (e) Prohibition of payments to united nations members None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations. (f) Capital Projects None of the funds made available by this Act may be used for the design, renovation, or construction of the United Nations Headquarters in New York. (g) Report Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2018 for contributions to any organization, department, agency, or program within the United Nations system or any international program that are withheld from obligation or expenditure due to any provision of law: Provided Provided further (h) Sexual exploitation and abuse in peacekeeping operations (1) In general Funds appropriated by this Act shall be made available to implement section 301 of the Department of State Authorities Act, Fiscal Year 2017 ( Public Law 114–323 (2) Withholding of funds The Secretary of State shall withhold assistance to any unit of the security forces of a foreign country if the Secretary has credible information that such unit has engaged in sexual exploitation or abuse, including while serving in a United Nations peacekeeping operation, until the Secretary determines that the government of such country is taking effective steps to bring the responsible members of such unit to justice and to prevent future incidents: Provided Provided further (3) The Secretary of State may waive the requirements of paragraph (2), if the Secretary determines and reports to the Committees on Appropriations that it is important to the national security interest of the United States to do so, and includes a justification for such a waiver. (i) Additional availability Funds appropriated under title I of this Act which are returned or not made available due to the implementation of subsection (a) or the second proviso under the heading Contributions for International Peacekeeping Activities (j) National Security Interest Withholding (1) Withholding The Secretary of State shall withhold 5 percent of the funds appropriated by this Act under the heading Contributions to International Organizations (2) Release of funds The Secretary of State, in consultation with the United States Ambassador to the United Nations, may release funds withheld pursuant to paragraph (1) if the Secretary determines and reports to the Committees on Appropriations that such agency or entity is taking steps to address the action that resulted in the withholding of such funds. (3) Reprogramming Should the Secretary of State be unable to make a determination pursuant to paragraph (2) regarding the release of withheld funds, such funds may be reprogrammed for other purposes under the heading Contributions to International Organizations community-based police assistance 7049. Funds made available by titles III and IV of this Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve. prohibition on publicity or propaganda 7050. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before the date of the enactment of this Act by Congress: Provided Public Law 96–533 22 U.S.C. 2151a international conferences 7051. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of agencies or departments of the United States Government who are stationed in the United States, at any single international conference occurring outside the United States, unless the Secretary of State reports to the Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided international conference aircraft transfer, coordination, and use 7052. (a) Transfer Authority Notwithstanding any other provision of law or regulation, aircraft procured with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Diplomatic and Consular Programs International Narcotics Control and Law Enforcement Andean Counterdrug Initiative Andean Counterdrug Programs Provided (b) Property Disposal The authority provided in subsection (a) shall apply only after the Secretary of State determines and reports to the Committees on Appropriations that the equipment is no longer required to meet programmatic purposes in the designated country or region: Provided (c) Aircraft Coordination (1) Authority The uses of aircraft purchased or leased by the Department of State and the United States Agency for International Development with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission: Provided Provided further Provided further (2) Scope The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of which is the transportation of personnel. (d) Aircraft operations and maintenance To the maximum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act shall be borne by the recipient country. parking fines and real property taxes owed by foreign governments 7053. The terms and conditions of section 7055 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2011 (division F of Public Law 111–117 Provided September 30, 2009 September 30, 2017 landmines and cluster munitions 7054. (a) Landmines Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the Secretary of State may prescribe. (b) Cluster Munitions No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— (1) the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments, and the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; or (2) such assistance, license, sale, or transfer is for the purpose of demilitarizing or permanently disposing of such cluster munitions. continuous supervision and general direction of economic and military assistance 7055. (a) Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision and general direction of economic assistance, law enforcement and justice sector assistance, military assistance, and military education and training programs, including determining whether there shall be a military assistance (including civic action) or a military education and training program for a country and the value thereof, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby. (b) Consistent with section 481(b) of the Foreign Assistance Act of 1961, the Secretary of State shall be responsible for coordinating all assistance provided by the United States Government to support international efforts to combat illicit narcotics production or trafficking: Provided International Narcotics Control and Law Enforcement Public Law 114–328 International family planning and reproductive health 7056. (a) Assistance for foreign nongovernmental organizations The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 104D. Eligibility for assistance Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance authorized under sections 104, 104A, 104B, and 104C, a foreign nongovernmental organization— (1) shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organization with non-United States Government funds if such services— (A) are permitted in the country in which they are being provided; and (B) would not violate United States law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under this part. . (b) United nations population fund (1) Contribution Of the funds appropriated by this Act under the heading International Organizations and Programs UNFPA (2) Availability of funds Funds appropriated for UNFPA under this Act that are not made available for UNFPA because of the operation of any provision of law— (A) shall be transferred to, and merged with, funds appropriated under the heading Global Health Programs (B) shall be made available for family planning, maternal, and reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations. (3) Prohibition on use of funds in china None of the funds made available under this Act may be used by UNFPA for a country program in the People’s Republic of China. (4) Conditions on availability of funds Funds made available under this Act for UNFPA may not be made available unless— (A) UNFPA maintains funds received under this Act in an account separate from other UNFPA accounts and does not commingle such funds with other funds; and (B) UNFPA does not fund abortions. United states agency for international development management 7057. (a) Authority Up to $93,000,000 of the funds made available in title III of this Act pursuant to or to carry out the provisions of part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia 22 U.S.C. 3948 (b) Restrictions (1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175. (2) The authority to hire individuals contained in subsection (a) shall expire on September 30, 2019. (c) Conditions The authority of subsection (a) should only be used to the extent that an equivalent number of positions that are filled by personal services contractors or other non-direct hire employees of USAID, who are compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia (d) Program Account Charged The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which the responsibilities of such individual primarily relate: Provided Operating Expenses (e) Foreign Service Limited Extensions Individuals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of section 309 of the Foreign Service Act of 1980 ( 22 U.S.C. 3948 (f) Disaster Surge Capacity Funds appropriated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia (g) Personal Services Contractors Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Food for Peace Act ( 7 U.S.C. 1721 Provided Provided further 7 U.S.C. 1721 (h) Small Business In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business. (i) Senior Foreign Service Limited Appointments Individuals hired pursuant to the authority provided by section 7059(o) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2011 (division F of Public Law 111–117 global health activities 7058. (a) In general Funds appropriated by titles III and IV of this Act that are made available for global health programs including activities relating to research on, and the prevention, treatment and control of, HIV/AIDS may be made available notwithstanding any other provision of law except for provisions under the heading Global Health Programs 22 U.S.C. 7601 Provided (b) Global Fund Of the funds appropriated by this Act that are available for a contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund), 10 percent should be withheld from obligation until the Secretary of State determines and reports to the Committees on Appropriations that the Global Fund is— (1) maintaining and implementing a policy of transparency, including the authority of the Global Fund Office of the Inspector General (OIG) to publish OIG reports on a public Web site; (2) providing sufficient resources to maintain an independent OIG that— (A) reports directly to the Board of the Global Fund; (B) maintains a mandate to conduct thorough investigations and programmatic audits, free from undue interference; and (C) compiles regular, publicly published audits and investigations of financial, programmatic, and reporting aspects of the Global Fund, its grantees, recipients, sub-recipients, and Local Fund Agents; (3) effectively implementing and enforcing policies and procedures which reflect best practices for the protection of whistleblowers from retaliation, including best practices for— (A) protection against retaliation for internal and lawful public disclosures; (B) legal burdens of proof; (C) statutes of limitation for reporting retaliation; (D) access to independent adjudicative bodies, including external arbitration; and (E) results that eliminate the effects of proven retaliation; and (4) implementing the recommendations contained in the Consolidated Transformation Plan approved by the Board of the Global Fund on November 21, 2011: Provided (c) Contagious Infectious Disease Outbreaks (1) Unanticipated and emerging health threats Of the unobligated balances available under the heading Bilateral Economic Assistance Public Law 113–235 (A) $130,000,000 shall be available for programs to prevent, prepare for, and respond to unanticipated and emerging health threats only if the Secretary of State determines and reports to the Committees on Appropriations that it is in the national interest to respond to such threats; (B) $100,000,000 shall be available for programs to combat malaria; and (C) $20,000,000 shall be available for programs to combat tuberculosis: Provided (2) Extraordinary measures If the Secretary of State determines and reports to the Committees on Appropriations that an international infectious disease outbreak is sustained, severe, and is spreading internationally, or that it is in the national interest to respond to a Public Health Emergency of International Concern, funds appropriated by this Act under the headings Global Health Programs Development Assistance International Disaster Assistance Complex Crises Fund Economic Support Fund Democracy Fund Assistance for Europe, Eurasia and Central Asia Migration and Refugee Assistance Millennium Challenge Corporation (3) Consultation and notification Funds made available by this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. gender equality 7059. (a) Gender Equality Funds appropriated by this Act shall be made available to promote gender equality in United States Government diplomatic and development efforts by raising the status, increasing the participation, and protecting the rights of women and girls worldwide. (b) Women’s leadership Of the funds appropriated by title III of this Act, not less than $50,000,000 shall be made available to increase leadership opportunities for women in countries where women and girls suffer discrimination due to law, policy, or practice, by strengthening protections for women’s political status, expanding women’s participation in political parties and elections, and increasing women’s opportunities for leadership positions in the public and private sectors at the local, provincial, and national levels. (c) Gender-Based violence (1) (A) Of the funds appropriated by titles III and IV of this Act, not less than $150,000,000 shall be made available to implement a multi-year strategy to prevent and respond to gender-based violence in countries where it is common in conflict and non-conflict settings. (B) Funds appropriated by titles III and IV of this Act that are available to train foreign police, judicial, and military personnel, including for international peacekeeping operations, shall address, where appropriate, prevention and response to gender-based violence and trafficking in persons, and shall promote the integration of women into the police and other security forces. (2) Department of State and United States Agency for International Development gender programs shall incorporate coordinated efforts to combat a variety of forms of gender-based violence, including child marriage, rape, female genital cutting and mutilation, and domestic violence, among other forms of gender-based violence in conflict and non-conflict settings. (d) Women, Peace, and Security Funds appropriated by this Act under the headings Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia International Narcotics Control and Law Enforcement (e) Women and girls at risk from extremism (1) Assistance Of the funds appropriated by this Act under the heading Economic Support Fund (A) empower women and girls to counter extremism; (B) address the needs of women and girls adversely impacted by extremism and conflict; (C) document crimes committed by extremists against women and girls, and support investigations and prosecutions of such crimes, as appropriate; (D) increase the participation and influence of women in formal and informal political processes and institutions at the local level and within traditional governing structures; (E) support reconciliation programs between impacted minority, religious, and ethnic groups and the broader community; (F) develop and implement legal reforms and protections for women and girls at the national and local government levels; and (G) create and sustain networks for women and girls to collectively safeguard their rights on a regional basis. (2) Clarification and notification Funds made available pursuant to paragraph (1)— (A) are in addition to amounts otherwise available by this Act for such purposes; and (B) shall be made available following consultation with, and subject to the regular notification procedures of, the Committees on Appropriations. (f) Coordination Funds made available for the purposes of this section shall be administered in coordination with the Ambassador-at-Large for Global Women’s Issues, Department of State, and the Senior Coordinator for Gender Equality and Women’s Empowerment, USAID. sector allocations 7060. (a) Basic education and higher education (1) Basic education (A) Of the funds appropriated under title III of this Act, up to $500,000,000 may be made available for assistance for basic education, notwithstanding any other provision of law that restricts assistance to foreign countries: Provided Provided further (B) If the USAID Administrator determines that any unobligated balances of funds specifically designated for assistance for basic education in prior Acts making appropriations for the Department of State, foreign operations, and related programs are in excess of the absorptive capacity of recipient countries, such funds may be made available for other programs authorized under chapter 1 of part I of the Foreign Assistance Act of 1961, notwithstanding such funding designation: Provided (C) Of the funds appropriated under title III of this Act for assistance for basic education programs, not less than $75,000,000 should be made available for a contribution to multilateral partnerships that support education. (2) Higher education Of the funds appropriated by title III of this Act, not less than $235,000,000 shall be made available for assistance for higher education, including not less than $35,000,000 for new and ongoing partnerships for human and institutional capacity building between higher education institutions in the United States and developing countries: Provided (b) Development Programs Of the funds appropriated by this Act under the heading Development Assistance (c) Environment Programs (1) Authority and notification (A) Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, except for the provisions of this subsection, to support environment programs. (B) Funds made available pursuant to this subsection shall be subject to the regular notification procedures of the Committees on Appropriations. (2) Conservation programs and limitations (A) Of the funds appropriated under title III of this Act, not less than $269,000,000 shall be made available for biodiversity conservation programs. (B) Not less than $90,664,000 of the funds appropriated under titles III and IV of this Act shall be made available to combat the transnational threat of wildlife poaching and trafficking. (C) None of the funds appropriated under title IV of this Act may be made available for training or other assistance for any military unit or personnel that the Secretary of State determines has been credibly alleged to have participated in wildlife poaching or trafficking, unless the Secretary reports to the Committees on Appropriations that to do so is in the national security interest of the United States. (D) Funds appropriated by this Act for biodiversity programs shall not be used to support the expansion of industrial scale logging or any other industrial scale extractive activity into areas that were primary/intact tropical forests as of December 30, 2013, and the Secretary of the Treasury shall instruct the United States executive directors of each international financial institutions (IFI) to vote against any financing of any such activity. (3) Large dams The Secretary of the Treasury shall instruct the United States executive director of each IFI that it is the policy of the United States to vote in relation to any loan, grant, strategy, or policy of such institution to support the construction of any large dam consistent with the criteria set forth in Senate Report 114–79, while also considering whether the project involves important foreign policy objectives. (4) Sustainable landscapes Of the funds appropriated under title III of this Act, not less than $123,500,000 shall be made available for sustainable landscapes programs. (d) Food security and agricultural development Of the funds appropriated by title III of this Act, not less than $1,000,600,000 shall be made available to carry out the provisions of the Global Food Security Act of 2016 ( Public Law 114–195 Provided Public Law 110–246 Public Law 113–79 (e) Microenterprise and microfinance Of the funds appropriated by this Act, not less than $265,000,000 should be made available for microenterprise and microfinance development programs for the poor, especially women. (f) Programs To combat trafficking in persons Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia International Narcotics Control and Law Enforcement International Narcotics Control and Law Enforcement Provided Public Law 115–31 (g) Reconciliation programs Of the funds appropriated by this Act under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia Development Assistance Provided Provided further, Provided further (h) Water and sanitation Of the funds appropriated by this Act, not less than $400,000,000 shall be made available for water supply and sanitation projects pursuant to the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 Overseas private investment corporation 7061. (a) Transfer of Funds Whenever the President determines that it is in furtherance of the purposes of the Foreign Assistance Act of 1961 Provided, Provided further, Provided further, (b) Authority Notwithstanding section 235(a)(2) of the Foreign Assistance Act of 1961, the authority of subsections (a) through (c) of section 234 of such Act shall remain in effect until September 30, 2018. arms trade treaty 7062. None of the funds appropriated by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. Inspectors general 7063. (a) Prohibition on use of funds None of the funds appropriated by this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency of the United States Government over which such Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede the access of such Inspector General to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to such Inspector General and expressly limits the right of access of such Inspector General. (b) Timely access A department or agency of the United States Government covered by this section shall provide its Inspector General access to all records, documents, and other materials in a timely manner. (c) Compliance Each Inspector General covered by this section shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Report Each Inspector General covered by this section shall report to the Committees on Appropriations within 5 calendar days of any failure by any department or agency of the United States Government to provide its Inspector General access to all requested records, documents, and other materials. Reporting requirements concerning individuals detained at naval station, guantánamo bay, cuba 7064. Not later than 5 days after the conclusion of an agreement with a country, including a state with a compact of free association with the United States, to receive by transfer or release individuals detained at United States Naval Station, Guantánamo Bay, Cuba, the Secretary of State shall notify the Committees on Appropriations in writing of the terms of the agreement, including whether funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs will be made available for assistance for such country pursuant to such agreement. Multi-year pledges 7065. None of the funds appropriated by this Act may be used to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this Act unless such pledge was— (1) previously justified, including the projected future year costs, in a congressional budget justification; (2) included in an Act making appropriations for the Department of State, foreign operations, and related programs or previously authorized by an Act of Congress; (3) notified in accordance with the regular notification procedures of the Committees on Appropriations, including the projected future year costs; or (4) the subject of prior consultation with the Committees on Appropriations and such consultation was conducted at least 7 days in advance of the pledge. Prohibition on use of torture 7066. None of the funds made available in this Act may be used to support or justify the use of torture, cruel, or inhumane treatment by any official or contract employee of the United States Government. extradition 7067. (a) Limitation None of the funds appropriated in this Act may be used to provide assistance (other than funds provided under the headings International Disaster Assistance Complex Crises Fund International Narcotics Control and Law Enforcement Migration and Refugee Assistance United States Emergency Refugee and Migration Assistance Fund Nonproliferation, Anti-terrorism, Demining and Related Assistance (b) Clarification Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has an extradition treaty and the government of that country is in violation of the terms and conditions of the treaty. (c) Waiver The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to the Committees on Appropriations that such waiver is important to the national interest of the United States. commercial leasing of defense articles 7068. Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act may be used to provide financing to Israel, Egypt, and the North Atlantic Treaty Organization (NATO), and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under such Act. Strategy, review and country transition plan 7069. (a) National diplomacy and development strategy (1) Of the funds appropriated by this Act under the heading Diplomatic and Consular Programs (2) The Secretary of State, in consultation with the Administrator of the United States Agency for International Development and the heads of other relevant department and agencies, shall submit to the appropriate congressional committees a National Diplomacy and Development Strategy (NDDS) of the United States: Provided 50 U.S.C. 3043 Public Law 114–328 Provided further (3) Beginning in the year after the initial NDDS is submitted under paragraph (2), the Secretary of State, in consultation with the USAID Administrator and the heads of other relevant departments and agencies of the United States Government, shall thereafter submit to the appropriate congressional committees a NDDS— (A) in any year in which a new President is inaugurated, not later than October 1 of such year; and (B) in any other year, not later than 90 days after a new national security strategy is transmitted to the Congress pursuant to section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 Provided (b) Quadrennial diplomacy and development review Not later than January 31, 2019, the Secretary of State shall submit to the appropriate congressional committees an update to the Quadrennial Diplomacy and Development Review, 2015. (c) Country transition plan Any bilateral country assistance strategy developed after the date of enactment of this Act for the provision of assistance for a foreign country in this fiscal year shall include a transition plan identifying end goals and options for winding down, within a targeted period of years, such bilateral assistance: Provided Countering Russian influence and aggression 7070. (a) Limitation None of the funds appropriated by this Act may be made available for assistance for the central Government of the Russian Federation. (b) Annexation of Crimea (1) None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea or other territory in Ukraine: Provided (2) None of the funds appropriated by this Act may be made available for— (A) the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or other territory in Ukraine; (B) the facilitation, financing, or guarantee of United States Government investments in Crimea or other territory in Ukraine under the control of Russian-backed separatists, if such activity includes the participation of Russian Government officials, or other Russian owned or controlled financial entities; or (C) assistance for Crimea or other territory in Ukraine under the control of Russian-backed separatists, if such assistance includes the participation of Russian Government officials, or other Russian owned or controlled financial entities. (3) The Secretary of the Treasury shall instruct the United States executive directors of each international financial institution to vote against any assistance by such institution (including any loan, credit, or guarantee) for any program that violates the sovereignty or territorial integrity of Ukraine. (4) The requirements and limitations of this subsection shall cease to be in effect if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of Russian-backed separatists. (c) Occupation of the georgian territories of abkhazia and tskhinvali region/South ossetia (1) None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has recognized the independence of, or has established diplomatic relations with, the Russian occupied Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia: Provided Provided further (2) None of the funds appropriated by this Act may be made available to support the Russian occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia. (3) The Secretary of the Treasury shall instruct the United States executive directors of each international financial institution to vote against any assistance by such institution (including any loan, credit, or guarantee) for any program that violates the sovereignty and territorial integrity of Georgia. (d) Assistance to Counter Influence and Aggression (1) Of the funds appropriated by this Act under the headings Assistance for Europe, Eurasia and Central Asia International Narcotics Control and Law Enforcement Foreign Military Financing Program Public Law 115–31 Provided Provided further Educational and Cultural Exchange Programs (2) Funds appropriated by this Act and made available for assistance for the Eastern Partnership countries shall be made available to advance the implementation of Association Agreements and trade agreements with the European Union, and to reduce their vulnerability to external economic and political pressure from the Russian Federation. (e) Democracy programs Funds appropriated by this Act shall be made available to support democracy programs in the Russian Federation, including to promote Internet freedom, and shall also be made available to support the democracy and rule of law strategy required by section 7071(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 international monetary fund 7071. (a) Extensions The terms and conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 (b) Repayment The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (IMF) to seek to ensure that any loan will be repaid to the IMF before other private creditors. special defense acquisition fund 7072. Not to exceed $900,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act for the purposes of the Special Defense Acquisition Fund (the Fund), to remain available for obligation until September 30, 2020: Provided, STABILITY AND DEVELOPMENT IN REGIONS IMPACTED BY EXTREMISM AND CONFLICT 7073. (a) Countering foreign fighters and extremist organizations Funds appropriated under titles III and IV of this Act shall be made available for programs and activities to counter and defeat violent extremism and foreign fighters abroad, consistent with the strategy required by section 7073(a)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 Provided (b) Countries impacted by significant refugee populations or internally displaced persons (1) Uses of funds Funds appropriated by this Act under the headings Development Assistance Economic Support Fund (A) expand and improve host government social services and basic infrastructure to accommodate the needs of such populations and persons; (B) alleviate the social and economic strains placed on host communities, including through programs to promote livelihoods, vocational training, and formal and informal education; (C) improve coordination of such assistance in a more effective and sustainable manner; and (D) leverage increased assistance from donors other than the United States Government for central governments and local communities in such countries: Provided (2) Global crisis response platform Funds appropriated by this Act under the heading Economic Support Fund Provided (c) Fragile states and extremism Funds appropriated by this Act shall be made available to implement the comprehensive plan required by section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 enterprise funds 7074. (a) Notification None of the funds made available under titles III through VI of this Act may be made available for Enterprise Funds unless the appropriate congressional committees are notified at least 15 days in advance. (b) Distribution of assets plan Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the appropriate congressional committees a plan for the distribution of the assets of the Enterprise Fund. (c) Transition or operating plan Prior to a transition to and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall submit such transition or operating plan to the appropriate congressional committees. use of funds in contravention of this act 7075. If the President makes a determination not to comply with any provision of this Act on constitutional grounds, the head of the relevant Federal department or agency shall notify the Committees on Appropriations in writing within 5 days of such determination, the justification for such determination, and any resulting changes to program and policy. budget documents 7076. (a) Operating and Reorganization Plans (1) Not later than 45 days after the date of enactment of this Act, each department, agency, or organization funded in titles I, II, and VI of this Act, and the Department of the Treasury and Independent Agencies funded in title III of this Act, including the Inter-American Foundation and the United States African Development Foundation, shall submit to the Committees on Appropriations an operating plan for funds appropriated to such department, agency, or organization in such titles of this Act, or funds otherwise available for obligation in fiscal year 2018, that provides details of the uses of such funds at the program, project, and activity level: Provided Provided further (2) Concurrent with the submission of an operating plan pursuant to paragraph (1), each covered department, agency, or organization shall submit to the Committees on Appropriations a report detailing any planned reorganization of such department, agency, or organization, including any action planned pursuant to the March 31, 2017 Executive Order 13781 on a Comprehensive Plan for Reorganizing the Executive Branch, including— (A) a detailed organization chart, including a brief description of each operating unit; (B) the number of employees for each operating unit; (C) the current policy for supporting the operations of the National Security Council (NSC) through the detail of agency staff, including staff projected to be detailed to the NSC during fiscal year 2019, if applicable; (D) a detailed explanation of the plan, including any policies and procedures currently or expected to be used to comply with Executive Order 13781; and (E) an assessment of how national security interests will be served by any proposed reorganizations. (b) Spend Plans (1) Prior to the initial obligation of funds, the Secretary of State or Administrator of the United States Agency for International Development, as appropriate, shall submit to the Committees on Appropriations a spend plan for funds made available by this Act, for— (A) assistance for Afghanistan, Iraq, Lebanon, Pakistan, and the West Bank and Gaza; (B) assistance made available pursuant to section 7070(d) of this Act to counter Russian influence and aggression, except that such plan shall be on a country-by-country basis; (C) Power Africa and the regional security initiatives listed under this section in the report accompanying this Act: Provided (D) democracy programs, programs to support section 7073(a) of this Act, and sectors enumerated in subsections (a), (c), (d), (e), (f), (g), and (h) of section 7060 of this Act. (2) Not later than 45 days after enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Appropriations a detailed spend plan for funds made available by this Act under the heading Department of the Treasury, International Affairs Technical Assistance (c) Spending Report Not later than 45 days after enactment of this Act, the USAID Administrator shall submit to the Committees on Appropriations a detailed report on spending of funds made available during fiscal year 2017 under the heading Development Credit Authority (d) Notification clarification The spend plans referenced in subsection (b) shall not be considered as meeting the notification requirements in this Act or under section 634A of the Foreign Assistance Act of 1961. (e) Congressional Budget Justification (1) The congressional budget justification for Department of State operations and foreign operations shall be provided to the Committees on Appropriations concurrent with the date of submission of the President’s budget for fiscal year 2019: Provided (2) The Secretary of State and the USAID Administrator shall include in the congressional budget justification a detailed justification for multi-year availability for any funds requested under the headings Diplomatic and Consular Programs Operating Expenses REPORTS AND RECORDS MANAGEMENT 7077. (a) Public posting of reports (1) Requirement Any agency receiving funds made available by this Act shall, subject to paragraphs (2) and (3), post on the publicly available Web site of such agency any report required by this Act to be submitted to the Committees on Appropriations. (2) Exceptions Paragraph (1) shall not apply to a report if— (A) the public posting of such report would compromise national security, including the conduct of diplomacy; (B) the report contains proprietary, privileged, or sensitive information; or (C) the head of such agency determines that the posting of such report is not in the national interest. (3) Timing and intention The head of the agency posting such report shall, unless otherwise provided for in this Act, do so only after such report has been made available to the Committees on Appropriations for not less than 45 days: Provided (b) Requests for documents None of the funds appropriated or made available pursuant to titles III through VI of this Act shall be available to a nongovernmental organization, including any contractor, which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the Department of State and the United States Agency for International Development. (c) Records management (1) Limitation None of the funds appropriated by this Act under the headings Diplomatic and Consular Programs Capital Investment Fund Operating Expenses Capital Investment Fund Public Law 113–187 (2) Directives The Secretary of State and USAID Administrator shall— (A) update the policies, directives, and oversight necessary to comply with Federal statutes, regulations, and presidential executive orders and memoranda concerning the preservation of all records made or received in the conduct of official business, including record emails, instant messaging, and other online tools; (B) use funds appropriated by this Act under the headings Diplomatic and Consular Programs Capital Investment Fund Operating Expenses Capital Investment Fund (C) direct departing employees that all Federal records generated by such employees, including senior officials, belong to the Federal Government; and (D) significantly improve the response time for identifying and retrieving Federal records, including requests made pursuant to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act (3) Report Not later than 45 days after enactment of this Act, the Secretary of State and USAID Administrator shall each submit a report to the Committees on Appropriations and to the National Archives and Records Administration detailing, as appropriate and where applicable— (A) any updates or modifications made to the policy of each agency regarding the use or the establishment of email accounts or email servers created outside the .gov domain or not fitted for automated records management as part of a Federal government records management program since the submission to the Committees on Appropriations of the report required by section 7077(c)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 (B) the extent to which each agency is in compliance with applicable Federal records management statutes, regulations, and policies, including meeting Directive goal 1.2 of the Managing Government Records Directive (M–12–18) by December 31, 2016; and (C) any steps taken since the submission of the report referenced in subparagraph (A) to— (i) comply with paragraph (1)(B) of this subsection; (ii) ensure that all employees at every level have been instructed in procedures and processes to ensure that the documentation of their official duties is captured, preserved, managed, protected, and accessible in official Government systems of the Department of State and USAID; (iii) implement recommendation 1 made by the Office of Inspector General (OIG), Department of State, in the January 2016 Evaluation of the Department of State’s FOIA Process for Requests Involving the Office of the Secretary (ESP-16-01); (iv) reduce the backlog of Freedom of Information Act (FOIA) and Congressional oversight requests, and measurably improve the response time for answering such requests; and (v) strengthen cyber security measures to mitigate vulnerabilities, including those resulting from the use of personal email accounts or servers outside the .gov domain, improve the process to identify and remove inactive user accounts, update and enforce guidance related to the control of national security information, and implement the recommendations contained in relevant reports issued by the OIG. (4) Operating plans The operating plans required by section 7076(a) of this Act for funds appropriated under the headings listed in paragraph (1) shall include funds planned for— (A) implementing the recommendations of the OIG reports referenced in clauses (iii) and (v); and (B) measurably reducing the FOIA and Congressional oversight requests backlog. GLOBAL INTERNET FREEDOM 7078. (a) Funding Of the funds available for obligation during fiscal year 2018 under the headings International Broadcasting Operations Economic Support Fund Democracy Fund Assistance for Europe, Eurasia and Central Asia Provided Provided further (b) Requirements (1) Funds appropriated by this Act under the headings Economic Support Fund Democracy Fund Assistance for Europe, Eurasia and Central Asia (A) coordinated with other democracy programs funded by this Act under such headings, and shall be incorporated into country assistance and democracy promotion strategies, as appropriate; (B) made available to the Bureau of Democracy, Human Rights, and Labor, Department of State, for programs to implement the May 2011, International Strategy for Cyberspace; the Department of State International Cyberspace Policy Strategy required by section 402 of the Cybersecurity Act of 2015 (division N of Public Law 114–113 22 U.S.C. 8754 (C) made available for programs that support the efforts of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats to Internet freedom at international organizations; to combat violence against bloggers and other users; and to enhance digital security training and capacity building for democracy activists; (D) made available for research of key threats to Internet freedom; the continued development of technologies that provide or enhance access to the Internet, including circumvention tools that bypass Internet blocking, filtering, and other censorship techniques used by authoritarian governments; and maintenance of the technological advantage of the United States Government over such censorship techniques: Provided (E) administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State. (2) Funds appropriated by this Act under the heading International Broadcasting Operations (A) made available only for tools and techniques to securely develop and distribute BBG digital content; facilitate audience access to such content on Web sites that are censored; coordinate the distribution of BBG digital content to targeted regional audiences; and to promote and distribute such tools and techniques, including digital security techniques; (B) coordinated with programs funded by this Act under the heading International Broadcasting Operations (C) coordinated by the BBG CEO to provide Internet circumvention tools and techniques for audiences in countries that are strategic priorities for the BBG and in a manner consistent with the BBG Internet freedom strategy; and (D) made available for the research and development of new tools or techniques authorized in paragraph (A) only after the BBG CEO, in consultation with the Secretary of State and other relevant United States Government departments and agencies, evaluates the risks and benefits of such new tools or techniques, and establishes safeguards to minimize the use of such new tools or techniques for illicit purposes. (c) Coordination and Spend Plans After consultation among the relevant agency heads to coordinate and de-conflict planned activities, but not later than 90 days after enactment of this Act, the Secretary of State and the BBG CEO shall submit to the Committees on Appropriations spend plans for funds made available by this Act for programs to promote Internet freedom globally, which shall include a description of safeguards established by relevant agencies to ensure that such programs are not used for illicit purposes: Provided impact on jobs in the united states 7079. None of the funds appropriated or otherwise made available under titles III through VI of this Act may be obligated or expended to provide— (1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States; (2) assistance for any program, project, or activity that contributes to the violation of internationally recognized workers' rights, as defined in section 507(4) of the Trade Act of 1974, of workers in the recipient country, including any designated zone or area in that country: Provided (3) any assistance to an entity outside the United States if such assistance is for the purpose of directly relocating or transferring jobs from the United States to other countries and adversely impacts the labor force in the United States; or (4) for the enforcement of any rule, regulation, policy, or guidelines implemented pursuant to— (A) the third proviso of subsection 7079(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 (B) the modification proposed by the Overseas Private Investment Corporation in November 2013 to the Corporation’s Environmental and Social Policy Statement relating to coal; or (C) the Supplemental Guidelines for High Carbon Intensity Projects approved by the Export-Import Bank of the United States on December 12, 2013, when enforcement of such rule, regulation, policy, or guidelines would prohibit, or have the effect of prohibiting, any coal-fired or other power-generation project the purpose of which is to: (i) provide affordable electricity in International Development Association (IDA)-eligible countries and IDA-blend countries; and (ii) increase exports of goods and services from the United States or prevent the loss of jobs from the United States. Quorum requirement 7080. Section 1 of Public Law 106–46 12 U.S.C. 635a July 21, 1999, and ends on December 2, 1999 October 1, 2017, and ends on September 30, 2019 Provided Disability programs 7081. (a) Assistance Funds appropriated by this Act under the heading Economic Support Fund (b) Management, oversight, and technical support Of the funds made available pursuant to this section, 5 percent may be used for USAID for management, oversight, and technical support. Assistance for united states citizens and nationals unlawfully or wrongfully detained abroad 7082. (a) Review The Secretary of State shall review the cases of citizens and nationals of the United States detained abroad to determine if there is credible information that they are being detained unlawfully or wrongfully, based on international criteria including whether— (1) the detained individual has presented credible information of factual innocence to United States officials; (2) information exists that the individual is detained solely or substantially because he or she is a citizen or national of the United States; (3) information exists that the individual is being detained in violation of internationally protected rights and freedoms, such as freedoms of expression, association, assembly, and religion; (4) the individual is being detained in violation of the laws of the detaining country; (5) independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual; (6) the United States embassy in the country where the individual is detained has received credible reports that the detention is a pretext; (7) police reports show evidence of a credible investigation; (8) the individual is detained in a country where the Department of State has determined in its annual human rights reports that the judicial system is not independent or impartial, is susceptible to corruption, or is incapable of rendering just verdicts; (9) the individual is detained in inhumane conditions; and (10) the international right to due process of law has been sufficiently impaired so as to render the detention arbitrary. (b) Report With respect to individuals for whom the Secretary determines there is such credible information, the Secretary shall submit a biannual report, which may be in classified form, to the appropriate congressional committees which shall include relevant information relating to each case, including— (1) the name of the detained individual; (2) basic facts about the case; (3) a summary of the information that such individual may be detained unlawfully or wrongfully; (4) a description of specific efforts, legal and diplomatic, taken by the Department of State on behalf of the individual since the last reporting period, including accomplishments and setbacks; and (5) a description of intended next steps. (c) Posting on the Department of State web site The information described in subsection (b)(1)–(3) shall be posted on the Department of State Web site not later than 30 days after its submission to the appropriate congressional committees, unless— (1) the public posting of such information would compromise national security, including the conduct of diplomacy; (2) such information contains proprietary or other privileged information; (3) the detained individual does not consent to a waiver of the Privacy Act allowing for public posting; or (4) the public posting of the information could jeopardize efforts to obtain the release of the detained individual. (d) Resource manual Not later than 180 days after enactment of this Act and after consulting with relevant organizations that advocate on behalf of United States citizens and nationals detained abroad, the Secretary shall publish a resource manual for United States Government officials and families of unjustly or wrongfully detained individuals detailing suggested actions designed to obtain their release, including acting through traditional diplomatic and consular channels to ensure prompt and regular access for the detained individual to legal counsel, family members, humane treatment, and other services, and sanctions tools including withholding assistance to the foreign government and denying or revoking visas and freezing assets of foreign officials; submitting public and private letters; and consulting with relevant legal and human rights organizations. (e) Special presidential envoy for hostage affairs The responsibilities under this section may be carried out by the Special Presidential Envoy for Hostage Affairs, created by Presidential Policy Directive—Hostage Recovery Activities, PPD-30, Reorganization or redesign of the department of state and the united states agency for international development 7083. (a) limitations (1) None of the funds appropriated by this Act, prior Acts making appropriations for the Department of State, foreign operations, and related programs, or any other Act may be used to downsize, downgrade, consolidate, close, move, or relocate to another United States Government agency— (A) the Bureau of Population, Refugees, and Migration, Department of State; (B) the Bureau of Consular Affairs, Department of State; (C) the Bureau of Democracy, Human Rights, and Labor, Department of State; (D) the Office of the Special Presidential Envoy for Hostage Affairs, Department of State; (E) the Office of the Special Coordinator for Global Criminal Justice Issues, Department of State; (F) the Coordinator for Cyber Issues, Department of State; (G) the Special Advisor for Religious Minorities in the Near East and South Central Asia, Department of State; (H) the Coordinator for Sanctions Policy, Department of State; (I) the Bureau of Educational and Cultural Affairs, Department of State; (J) the Office of Weapons Removal and Abatement, Department of State; (K) the Special Envoy for Holocaust Issues, Department of State; (L) the Bureau of Oceans and International Environmental and Scientific Affairs, Department of State; (M) the Bureau for Democracy, Conflict, and Humanitarian Assistance, USAID; (N) the Bureau for Economic Growth, Education and Environment, USAID; (O) the Bureau for Food Security, USAID; or (P) the USAID Advisor for Indigenous Peoples Issues; (Q) the Office of Global Women's Issues, Department of State; (R) the Special Envoy for the Human Rights of LGBTI Persons, Department of State; (S) the Special Advisor for International Disability Rights, Department of State; or (T) the Office of Gender Equality and Women's Empowerment, USAID: Provided Provided further (2) None of the funds appropriated by this Act, prior Acts making appropriations for the Department of State, foreign operations, and related programs, or any other Act may be used to close, move, or otherwise incorporate the United States Agency for International Development into the Department of State: Provided (b) Notification, Report, and review (1) Notification and report Notwithstanding any provision of this Act, prior to implementing any reorganization or redesign of the Department of State, USAID, or any other Federal department, agency, or organization funded by this Act, including any intended, significant modification of bureaus, offices, or number of personnel, and any action taken pursuant to the March 31, 2017, Executive Order 13781 on a Comprehensive Plan for Reorganizing the Executive Branch, the head of the relevant department, agency, or organization shall consult with the Committees on Appropriations: Provided (A) the impact on personnel, both foreign service and civil service; (B) the impact on programs and on the ability of the department, agency, or organization to conduct effective monitoring and oversight of such programs; (C) the projected cost savings or increased costs; (D) the process used to identify the intended reorganization or redesign of any operating unit or diplomatic post, including the process used to assess the impact of such action on programs, projects, and activities funded by this Act; (E) the impact any such reorganization or redesign would have on the effectiveness of United States diplomacy and the ability to conduct adequate monitoring and oversight of foreign assistance programs; and (F) the national security interest served by any such reorganization or redesign, including a determination that such action will not result in expanding the influence of any adversary or competitor of the United States, including foreign terrorist organizations. (2) Review Not later than 30 days prior to the submission of any notification required pursuant to paragraph (1), the head of the relevant department, agency, or organization shall submit the proposed reorganization or redesign plan to the Comptroller General of the United States for review: Provided (c) Office of policy planning None of the funds appropriated or otherwise made available by this Act may be used to increase the number of personnel in the Office of Policy Planning, Department of State, above the number of personnel in such office on September 30, 2017, until the hiring freeze imposed on the Department of State has been lifted. North american development bank 7084. Part 2 of subtitle D of title V of the North America Free Trade Agreement Implementation Act ( 22 U.S.C. 290m 547. First capital increase (a) Subscription authorized (1) The Secretary of the Treasury may subscribe on behalf of the United States to 150,000 additional shares of the capital stock of the Bank. (2) Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. (b) Limitations on authorization of appropriations (1) In order to pay for the increase in the United States subscription to the Bank under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $1,500,000,000 for payment by the Secretary of the Treasury. (2) Of the amount authorized to be appropriated under paragraph (1)— (A) $225,000,000 shall be for paid in shares of the Bank; and (B) $1,275,000,000 shall be callable shares of the Bank. . Multilateral development bank replenishments 7085. (a) The Asian Development Bank Act ( 22 U.S.C. 285 36. Eleventh replenishment (a) The United States Governor of the Bank is authorized to contribute, on behalf of the United States, $189,580,000 to the eleventh replenishment of the resources of the Fund, subject to obtaining the necessary appropriations. (b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $189,580,000 for payment by the Secretary of the Treasury. . (b) The International Development Association Act ( 22 U.S.C. 284 30. Eighteenth replenishment (a) The United States Governor of the International Development Association is authorized to contribute on behalf of the united states $3,291,030,000 to the eighteenth replenishment of the resources of the association, subject to obtaining the necessary appropriations. (b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,291,030,000 for payment by the Secretary of the Treasury. . (c) The African Development Fund Act ( 22 U.S.C. 290g 225. Fourteenth replenishment (a) The United States Governor of the Fund is authorized to contribute on behalf of the United States $513,900,000 to the fourteenth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations. (b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $513,900,000 for payment by the Secretary of the Treasury. . Designation requirement 7086. Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available only if the President subsequently so designates all such amounts and transmits such designations to the Congress: Provided Strengthening diplomacy and development 7087. (a) Assistant secretary for population, refugees, and migration, department of state Section 1(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(c) (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: (3) Assistant secretary of state for population, refugees, and migration (A) There shall be in the Department of State an Assistant Secretary of State for the Bureau of Population, Refugees, and Migration (PRM) who shall be responsible to the Secretary of State for matters pertaining to population, refugees, and migration in the conduct of foreign policy and such other related duties as the Secretary may from time to time designate. (B) The Assistant Secretary for Population, Refugees, and Migration shall maintain responsibility and continuous observation and review of all matters pertaining to population, refugees, and migration in the conduct of foreign policy, including the following: (i) Directing the Department of State’s population, refugee, and migration policy development. (ii) Providing protection, easing suffering, and resolving the plight of persecuted and uprooted people around the world by providing life-sustaining assistance, working through multilateral systems to build global partnerships, promoting best practices in humanitarian response, and ensuring that humanitarian principles are thoroughly integrated into United States foreign and national security policy. (iii) Determining the level of United States contributions to international organizations for humanitarian assistance and protection-related programs and participating in governing bodies of international organizations to ensure effective use of United States funds. (iv) Working through multilateral systems to build global partnerships promoting best practices in humanitarian response, and ensuring that humanitarian principles are thoroughly integrated into United States policies toward refugees, asylum seekers, internally displaced persons, stateless persons, and other forced migrants. (v) Seeking and promoting durable solutions for refugees, including— (I) voluntary repatriation in safety and dignity for people who no longer face a well-founded fear of persecution on account of their religion, race, political opinion, or social or ethnic group; (II) local integration of refugees in countries of first asylum; and (III) voluntary resettlement of refugees in a third country. (vi) Developing and implementing refugee resettlement policies for the United States and to promote durable solutions for, and the protection of, refugees. (vii) Recommending to the President the number of refugees to be admitted annually to the United States and directing programs for selection, processing, and transportation of refugees to be admitted to the United States. (viii) Overseeing efforts to encourage greater participation in refugee assistance and resettlement on the part of foreign governments. (ix) Promoting healthy and educated populations. (x) Guiding the activities of refugee assistance offices at United States diplomatic missions and of United States missions to international organizations concerned with refugee assistance, protection, and resettlement. (xi) Using humanitarian diplomacy to increase access and assistance to those in need in the absence of political solutions, highlighting the humanitarian impact of military and political action, and working with partners to ensure transition from relief to development. (xii) Promoting humane and effective migration policies and multilateral migration efforts that advance United States foreign policy. . (b) Office of global women’s issues (1) In general The Secretary of State shall establish an Office of Global Women’s Issues (referred to in this subsection as the Office (2) Purpose The Office shall coordinate efforts of the United States Government, as directed by the Secretary of State, regarding gender equality and advancing the status of women and girls in United States foreign policy. (3) Duties The Office— (A) shall serve as the principal advisor to the Secretary of State regarding gender equality, women’s empowerment, and violence against women and girls as a foreign policy matter; (B) shall represent the United States in diplomatic and multilateral fora on matters relevant to the status of women and girls; (C) shall advise the Secretary and provide input on all activities, policies, programs, and funding relating to gender equality and the advancement of women and girls internationally for all bureaus and offices of the Department of State and in the international programs of all other Federal departments and agencies; (D) shall work to ensure that efforts to advance gender equality and women’s empowerment are fully integrated into the programs, structures, processes, and capacities of all bureaus and offices of the Department of State and in the international programs of other Federal departments and agencies; (E) shall direct, as appropriate, United States resources to respond to needs for gender equality and empowerment of women in United States foreign policies and international programs; (F) may design, support, and implement activities regarding empowerment of women internationally; and (G) shall conduct regular consultation with civil society organizations working to advance gender equality and empower women and girls internationally. (4) Supervision The Office shall be headed by an Ambassador-at-Large for Global Women’s Issues who— (A) exercises significant authority; (B) reports to the President or to the Secretary of State; and (C) is appointed by the President or by the Secretary of State, with the advice and consent of the Senate. (5) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees describing the steps taken to fulfill the duties of the Office set forth in paragraph (3). Consular notification compliance 7088. (a) Petition for review (1) Jurisdiction Notwithstanding any other provision of law, a Federal court shall have jurisdiction to review the merits of a petition claiming violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a comparable provision of a bilateral international agreement addressing consular notification and access, filed by an individual convicted and sentenced to death by any Federal or State court before the date of enactment of this Act. (2) Standard To obtain relief, an individual described in paragraph (1) must make a showing of actual prejudice to the criminal conviction or sentence as a result of the violation. The court may conduct an evidentiary hearing if necessary to supplement the record and, upon a finding of actual prejudice, shall order a new trial or sentencing proceeding. (3) Limitations (A) Initial showing To qualify for review under this subsection, a petition must make an initial showing that— (i) a violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a comparable provision of a bilateral international agreement addressing consular notification and access, occurred with respect to the individual described in paragraph (1); and (ii) if such violation had not occurred, the consulate would have provided assistance to the individual. (B) Effect of prior adjudication A petition for review under this subsection shall not be granted if the claimed violation described in paragraph (1) has previously been adjudicated on the merits by a Federal or State court of competent jurisdiction in a proceeding in which no Federal or State procedural bars were raised with respect to such violation and in which the court provided review equivalent to the review provided in this subsection, unless the adjudication of the claim resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the prior Federal or State court proceeding. (C) Filing deadline A petition for review under this subsection shall be filed within 1 year of the later of— (i) the date of enactment of this Act; (ii) the date on which the Federal or State court judgment against the individual described in paragraph (1) became final by the conclusion of direct review or the expiration of the time for seeking such review; or (iii) the date on which the impediment to filing a petition created by Federal or State action in violation of the Constitution or laws of the United States is removed, if the individual described in paragraph (1) was prevented from filing by such Federal or State action. (D) Tolling The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward the 1-year period of limitation. (E) Time limit for review A Federal court shall give priority to a petition for review filed under this subsection over all noncapital matters. With respect to a petition for review filed under this subsection and claiming only a violation described in paragraph (1), a Federal court shall render a final determination and enter a final judgment not later than one year after the date on which the petition is filed. (4) Habeas petition A petition for review under this subsection shall be part of the first Federal habeas corpus application or motion for Federal collateral relief under chapter 153 (5) Referral to magistrate A Federal court acting under this subsection may refer the petition for review to a Federal magistrate for proposed findings and recommendations pursuant to section 636(b)(1)(B) of title 28, United States Code. (6) Appeal (A) In general A final order on a petition for review under paragraph (1) shall be subject to review on appeal by the court of appeals for the circuit in which the proceeding is held. (B) Appeal by petitioner An individual described in paragraph (1) may appeal a final order on a petition for review under paragraph (1) only if a district or circuit judge issues a certificate of appealability. A district or circuit court judge shall issue or deny a certificate of appealability not later than 30 days after an application for a certificate of appealability is filed. A district judge or circuit judge may issue a certificate of appealability under this subparagraph if the individual has made a substantial showing of actual prejudice to the criminal conviction or sentence of the individual as a result of a violation described in paragraph (1). (b) Violation (1) In general An individual not covered by subsection (a) who is arrested, detained, or held for trial on a charge that would expose the individual to a capital sentence if convicted may raise a claim of a violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or of a comparable provision of a bilateral international agreement addressing consular notification and access, at a reasonable time after the individual becomes aware of the violation, before the court with jurisdiction over the charge. Upon a finding of such a violation— (A) the consulate of the foreign state of which the individual is a national shall be notified immediately by the detaining authority, and consular access to the individual shall be afforded in accordance with the provisions of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or the comparable provisions of a bilateral international agreement addressing consular notification and access; and (B) the court— (i) shall postpone any proceedings to the extent the court determines necessary to allow for adequate opportunity for consular access and assistance; and (ii) may enter necessary orders to facilitate consular access and assistance. (2) Evidentiary hearings The court may conduct evidentiary hearings if necessary to resolve factual issues. (3) Rule of construction Nothing in this subsection shall be construed to create any additional remedy. (c) Definitions In this section the term State (d) Applicability The provisions of this section shall apply during the current fiscal year and hereafter. This Act may be cited as the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018 September 7, 2017 Read twice and placed on the calendar

Summary: Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018 Provides FY2018 appropriations for the Department of State, foreign operations, and related programs. Provides appropriations to the State Department for: Administration of Foreign Affairs, International Organizations, and International Commissions. Provides appropriations for Related Agencies and Related Programs, including: the Broadcasting Board of Governors, the Asia Foundation, the U.S. Institute of Peace, the Center for Middle Eastern-Western Dialogue Trust Fund, the Eisenhower Exchange Fellowship Program, the Israeli Arab Scholarship Program, the East-West Center, and the National Endowment for Democracy. Provides appropriations for Other Commissions, including: the Commission for the Preservation of America's Heritage Abroad, the U.S. Commission on International Religious Freedom, the Commission on Security and Cooperation in Europe, the Congressional-Executive Commission on the People's Republic of China, and the U.S.-China Economic and Security Review Commission. Provides appropriations for the U.S. Agency for International Development (USAID). Provides appropriations for Bilateral Economic Assistance to: the President; the State Department; Independent Agencies, including the Peace Corps, the Millennium Challenge Corporation, the Inter-American Foundation, and the U.S. African Development Foundation; and the Department of the Treasury. Provides appropriations to the State Department and the President for International Security Assistance. Provides appropriations to the President and International Financial Institutions for Multilateral Assistance. Provides appropriations for Export and Investment Assistance to: the Export-Import Bank of the United States, the Overseas Private Investment Corporation, and the U.S. Trade and Development Agency. Provides appropriations to specified accounts for Overseas Contingency Operations. Sets forth permissible and prohibited uses for funds provided by this and other appropriations Acts.