CONTRIBUTION TO THE NORTH AMERICAN DEVELOPMENT 
BANK 
For payment to the North American Development 
Bank by the Secretary of the Treasury for the United 
States share of the paid-in portion of the increase in cap-
ital stock, $10,000,000, to remain available until ex-
pended. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The Secretary of the Treasury may subscribe without 
fiscal year limitation to the callable capital portion of the 
United States share of such capital stock in an amount 
not to exceed $255,000,000. 
TITLE VI 
EXPORT AND INVESTMENT ASSISTANCE 
EXPORT-IMPORT BANK OF THE UNITED STATES 
INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, $6,000,000, to remain 
available until September 30, 2018. 
PROGRAM ACCOUNT 
The Export-Import Bank (the Bank) of the United 
States is authorized to make such expenditures within the 
limits of funds and borrowing authority available to such 
corporation, and in accordance with law, and to make such 
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contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government 
Corporation Control Act, as may be necessary in carrying 
out the program for the current fiscal year for such cor-
poration: Provided, That none of the funds available dur-
ing the current fiscal year may be used to make expendi-
tures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than 
a nuclear-weapon state as defined in Article IX of the 
Treaty on the Non-Proliferation of Nuclear Weapons eligi-
ble to receive economic or military assistance under this 
Act, that has detonated a nuclear explosive after the date 
of the enactment of this Act. 
ADMINISTRATIVE EXPENSES 
For administrative expenses to carry out the direct 
and guaranteed loan and insurance programs, including 
hire of passenger motor vehicles and services as authorized 
by section 3109 of title 5, United States Code, and not 
to exceed $30,000 for official reception and representation 
expenses for members of the Board of Directors, not to 
exceed $106,250,000: Provided, That the Export-Import 
Bank (the Bank) may accept, and use, payment or serv-
ices provided by transaction participants for legal, finan-
cial, or technical services in connection with any trans-
action for which an application for a loan, guarantee or 
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insurance commitment has been made: Provided further, 
That the Bank shall charge fees for necessary expenses 
(including special services performed on a contract or fee 
basis, but not including other personal services) in connec-
tion with the collection of moneys owed the Bank, repos-
session or sale of pledged collateral or other assets ac-
quired by the Bank in satisfaction of moneys owed the 
Bank, or the investigation or appraisal of any property, 
or the evaluation of the legal, financial, or technical as-
pects of any transaction for which an application for a 
loan, guarantee or insurance commitment has been made, 
or systems infrastructure directly supporting transactions: 
Provided further, That in addition to other funds appro-
priated for administrative expenses, such fees shall be 
credited to this account for such purposes, to remain avail-
able until expended. 
RECEIPTS COLLECTED 
Receipts collected pursuant to the Export-Import 
Bank Act of 1945, as amended, and the Federal Credit 
Reform Act of 1990, as amended, in an amount not to 
exceed the amount appropriated herein, shall be credited 
as offsetting collections to this account: Provided, That the 
sums herein appropriated from the General Fund shall be 
reduced on a dollar-for-dollar basis by such offsetting col-
lections so as to result in a final fiscal year appropriation 
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from the General Fund estimated at $0: Provided further, 
That amounts collected in fiscal year 2017 in excess of 
obligations, up to $10,000,000 shall become available on 
September 1, 2017, and shall remain available until Sep-
tember 30, 2020. 
OVERSEAS PRIVATE INVESTMENT CORPORATION 
NONCREDIT ACCOUNT 
The Overseas Private Investment Corporation is au-
thorized 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 lim-
its of funds available to it and in accordance with law as 
may be necessary: Provided, That the amount available for 
administrative expenses to carry out the credit and insur-
ance programs (including an amount for official reception 
and representation expenses which shall not exceed 
$35,000) shall not exceed $62,787,000: Provided further, 
That project-specific transaction costs, including direct 
and indirect costs incurred in claims settlements, and 
other direct costs associated with services provided to spe-
cific investors or potential investors pursuant to section 
234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this 
heading. 
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PROGRAM ACCOUNT 
For the cost of direct and guaranteed loans, 
$20,000,000, as authorized by section 234 of the Foreign 
Assistance Act of 1961, to be derived by transfer from 
the Overseas Private Investment Corporation Noncredit 
Account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 
of the Congressional Budget Act of 1974: Provided fur-
ther, That such sums shall be available for direct loan obli-
gations and loan guaranty commitments incurred or made 
during fiscal years 2017, 2018, and 2019: Provided fur-
ther, That funds so obligated in fiscal year 2017 remain 
available for disbursement through 2025; funds obligated 
in fiscal year 2018 remain available for disbursement 
through 2026; and funds obligated in fiscal year 2019 re-
main available for disbursement through 2027: Provided 
further, That notwithstanding any other provision of law, 
the Overseas Private Investment Corporation is authorized 
to undertake any program authorized by title IV of chap-
ter 2 of part I of the Foreign Assistance Act of 1961 in 
Iraq: Provided further, That funds made available pursu-
ant to the authority of the previous proviso shall be subject 
to the regular notification procedures of the Committees 
on Appropriations. 
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In addition, such sums as may be necessary for ad-
ministrative expenses to carry out the credit program may 
be derived from amounts available for administrative ex-
penses to carry out the credit and insurance programs in 
the Overseas Private Investment Corporation Noncredit 
Account and merged with said account. 
TRADE AND DEVELOPMENT AGENCY 
For necessary expenses to carry out the provisions 
of section 661 of the Foreign Assistance Act of 1961, 
$65,000,000, to remain available until September 30, 
2018: Provided, That of the amounts made available 
under this heading, up to $2,500,000 may be made avail-
able to provide comprehensive procurement advice to for-
eign governments to support local procurements funded by 
the United States Agency for International Development, 
the Millennium Challenge Corporation, and the Depart-
ment of State: Provided further, That of the funds appro-
priated under this heading, not more than $5,000 may be 
available for representation and entertainment expenses. 
TITLE VII 
GENERAL PROVISIONS 
ALLOWANCES AND DIFFERENTIALS 
SEC. 7001. Funds appropriated under title I of this 
Act shall be available, except as otherwise provided, for 
allowances and differentials as authorized by subchapter 
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59 of title 5, United States Code; for services as author-
ized by section 3109 of such title and for hire of passenger 
transportation pursuant to section 1343(b) of title 31, 
United States Code. 
UNOBLIGATED BALANCES REPORT 
SEC. 7002. Any department or agency of the United 
States Government to which funds are appropriated or 
otherwise made available by this Act shall provide to the 
Committees on Appropriations a quarterly accounting of 
cumulative unobligated balances and obligated, but unex-
pended, balances by program, project, and activity, and 
Treasury Account Fund Symbol of all funds received by 
such department or agency in fiscal year 2017 or any pre-
vious fiscal year, disaggregated by fiscal year: Provided, 
That the report required by this section shall be submitted 
not later than 30 days after the end of each fiscal quarter 
and should specify by account the amount of funds obli-
gated pursuant to bilateral agreements which have not 
been further sub-obligated. 
CONSULTING SERVICES 
SEC. 7003. The expenditure of any appropriation 
under title I of this Act for any consulting service through 
procurement contract, pursuant to section 3109 of title 
5, United States Code, shall be limited to those contracts 
where such expenditures are a matter of public record and 
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available for public inspection, except where otherwise pro-
vided under existing law, or under existing Executive 
Order issued pursuant to existing law. 
DIPLOMATIC FACILITIES 
SEC. 7004. (a) CAPITAL SECURITY COST SHAR-
ING.—Of funds provided under title I of this Act, except 
as provided in subsection (b), a project to construct a dip-
lomatic facility of the United States may not include office 
space or other accommodations for an employee of a Fed-
eral agency or department to the extent that the Secretary 
of State determines that such department or agency has 
not provided to the Department of State the full amount 
of funding required by subsection (e) of section 604 of 
the Secure Embassy Construction and Counterterrorism 
Act of 1999 (as enacted into law by section 1000(a)(7) 
of Public Law 106–113 and contained in appendix G of 
that Act; 113 Stat. 1501A–453), as amended by section 
629 of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 
2005. 
(b) EXCEPTION.—Notwithstanding the prohibition in 
subsection (a), a project to construct a diplomatic facility 
of the United States may include office space or other ac-
commodations for members of the United States Marine 
Corps. 
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(c) NEW DIPLOMATIC FACILITIES.—For the pur-
poses of calculating the fiscal year 2017 costs of providing 
new United States diplomatic facilities in accordance with 
section 604(e) of the Secure Embassy Construction and 
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the 
Secretary of State, in consultation with the Director of 
the Office of Management and Budget, shall determine the 
annual program level and agency shares in a manner that 
is proportional to the Department of State’s contribution 
for this purpose. 
(d) CONSULTATION
AND NOTIFICATION REQUIRE-
MENTS.—Funds appropriated by this Act and prior Acts 
making appropriations for the Department of State, for-
eign operations, and related programs, which may be made 
available for the acquisition of property or award of con-
struction contracts for overseas diplomatic facilities during 
fiscal year 2017, shall be subject to prior consultation 
with, and the regular notification procedures of, the Com-
mittees on Appropriations: Provided, That notifications 
pursuant to this subsection shall include the information 
enumerated under the heading ‘‘Embassy Security, Con-
struction, and Maintenance’’ in the report accompanying 
this Act. 
(e) REPORTS.— 
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(1) None of the funds appropriated under the 
heading ‘‘Embassy Security, Construction, and 
Maintenance’’ in this Act and prior Acts making ap-
propriations for the Department of State, foreign 
operations, and related programs, made available 
through Federal agency Capital Security Cost Shar-
ing contributions and reimbursements, or generated 
from the proceeds of real property sales, other than 
from real property sales located in London, United 
Kingdom, may be made available for site acquisition 
and mitigation, planning, design, or construction of 
the New London Embassy: Provided, That the re-
porting requirement contained in section 7004(f)(2) 
of the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2012 (divi-
sion I of Public Law 112–74) shall remain in effect 
during fiscal year 2017. 
(2) Within 45 days of enactment of this Act 
and every 4 months thereafter until September 30, 
2017, the Secretary of State shall submit to the 
Committees on Appropriations a report on the new 
Mexico City Embassy and Beirut Embassy projects: 
Provided, That such report shall include, for each of 
the projects— 
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(A) a detailed breakout of the project fac-
tors that formed the basis of the initial cost es-
timate used to justify such project to the Com-
mittees on Appropriations, as described under 
the heading ‘‘Embassy Security Construction 
and Maintenance’’ in the report accompanying 
this Act; 
(B) a comparison of the current project 
factors as compared to the project factors sub-
mitted pursuant to subparagraph (A) of this 
subsection, and an explanation of any changes; 
and 
(C) the impact of currency exchange rate 
fluctuations on project costs. 
(f) 
INTERIM
AND
TEMPORARY
FACILITIES 
ABROAD.— 
(1) Funds appropriated by this Act under the 
heading ‘‘Embassy Security, Construction, and 
Maintenance’’ may be made available to address se-
curity vulnerabilities at interim and temporary facili-
ties abroad, including physical security upgrades and 
local guard staffing, except that the amount of funds 
made available for such purposes from this Act and 
prior Acts making appropriations for the Depart-
ment of State, foreign operations, and related pro-
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grams shall be a minimum of $25,000,000: Pro-
vided, That the uses of such funds should be the re-
sponsibility of the Assistant Secretary of State for 
the Bureau of Diplomatic Security and Foreign Mis-
sions, in consultation with the Director of the Bu-
reau of Overseas Buildings Operations: Provided fur-
ther, That such funds shall be subject to prior con-
sultation with the Committees on Appropriations. 
(2) Notwithstanding any other provision of law, 
the opening, closure, or any significant modification 
to an interim or temporary diplomatic facility shall 
be subject to prior consultation with the appropriate 
congressional committees and the regular notifica-
tion procedures of the Committees on Appropria-
tions, except that such consultation and notification 
may be waived if there is a security risk to per-
sonnel. 
(3) Not later than 60 days after enactment of 
this Act, the Secretary of State shall report to the 
Committees on Appropriations on any changes made 
to the standard operating procedures and best prac-
tices associated with the delivery, construction and 
protection of temporary structures in high threat 
and conflict environments subsequent to completion 
of 
the 
documentation 
requirement 
of 
section 
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7004(f)(3) of the Department of State, Foreign Op-
erations, and Related Programs Appropriations Act, 
2016 (division K of Public Law 114–113). 
(g) TRANSFER AUTHORITY.—Funds appropriated 
under the heading ‘‘Diplomatic and Consular Programs’’, 
including for Worldwide Security Protection, and under 
the heading ‘‘Embassy Security, Construction, and Main-
tenance’’ in titles I and VIII of this Act may be trans-
ferred to, and merged with, funds appropriated by such 
titles under such headings if the Secretary of State deter-
mines and reports to the Committees on Appropriations 
that to do so is necessary to implement the recommenda-
tions of the Benghazi Accountability Review Board, or to 
prevent or respond to security situations and require-
ments, following consultation with, and subject to the reg-
ular notification procedures of, such Committees: Pro-
vided, That such transfer authority is in addition to any 
transfer authority otherwise available under any other pro-
vision of law. 
PERSONNEL ACTIONS 
SEC. 7005. Any costs incurred by a department or 
agency funded under title I of this Act resulting from per-
sonnel actions taken in response to funding reductions in-
cluded in this Act shall be absorbed within the total budg-
etary resources available under title I to such department 
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or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to 
carry out this section is provided in addition to authorities 
included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a 
reprogramming of funds under section 7015 of this Act 
and shall not be available for obligation or expenditure ex-
cept in compliance with the procedures set forth in that 
section. 
LOCAL GUARD CONTRACTS 
SEC. 7006. In evaluating proposals for local guard 
contracts, the Secretary of State shall award contracts in 
accordance with section 136 of the Foreign Relations Au-
thorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 
4864), except that the Secretary may grant authorization 
to award such contracts on the basis of best value as de-
termined by a cost-technical tradeoff analysis (as de-
scribed in Federal Acquisition Regulation part 15.101), 
notwithstanding subsection (c)(3) of such section: Pro-
vided, That the authority in this section shall apply to any 
options for renewal that may be exercised under such con-
tracts that are awarded during the current fiscal year: 
Provided further, That the Secretary shall notify the ap-
propriate congressional committees at least 15 days prior 
to making an award pursuant to this section for a local 
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guard and protective service contract for a United States 
diplomatic facility not deemed ‘‘high-risk, high-threat’’. 
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN 
COUNTRIES 
SEC. 7007. None of the funds appropriated or other-
wise made available pursuant to titles III through VI of 
this Act shall be obligated or expended to finance directly 
any assistance or reparations for the governments of 
Cuba, North Korea, Iran, or Syria: Provided, That for 
purposes of this section, the prohibition on obligations or 
expenditures shall include direct loans, credits, insurance, 
and guarantees of the Export-Import Bank or its agents. 
COUPS D’E´TAT 
SEC. 7008. None of the funds appropriated or other-
wise 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’e´tat or decree or, after the date of enactment of 
this Act, a coup d’e´tat or decree in which the military 
plays a decisive role: Provided, That assistance may be re-
sumed to such government if the Secretary of State cer-
tifies and reports to the appropriate congressional commit-
tees that subsequent to the termination of assistance a 
democratically elected government has taken office: Pro-
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be increased by more than 10 percent by any such 
transfers. 
(3) Any transfer pursuant to this subsection 
shall be treated as a reprogramming of funds under 
section 7015 of this Act and shall not be available 
for obligation or expenditure except in compliance 
with the procedures set forth in that section. 
(b) TITLE VI TRANSFER AUTHORITIES.—Not to ex-
ceed 5 percent of any appropriation other than for admin-
istrative expenses made available for fiscal year 2017, for 
programs under title VI of this Act may be transferred 
between such appropriations for use for any of the pur-
poses, programs, and activities for which the funds in such 
receiving account may be used, but no such appropriation, 
except as otherwise specifically provided, shall be increased 
by more than 25 percent by any such transfer: Provided, 
That the exercise of such authority shall be subject to the 
regular notification procedures of the Committees on Ap-
propriations. 
(c) LIMITATION ON TRANSFERS BETWEEN AGEN-
CIES.— 
(1) None of the funds made available under ti-
tles II through V of this Act may be transferred to 
any department, agency, or instrumentality of the 
United States Government, except pursuant to a 
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transfer made by, or transfer authority provided in, 
this Act or any other appropriations Act. 
(2) Notwithstanding paragraph (1), in addition 
to transfers made by, or authorized elsewhere in, 
this Act, funds appropriated by this Act to carry out 
the purposes of the Foreign Assistance Act of 1961 
may be allocated or transferred to agencies of the 
United States Government pursuant to the provi-
sions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961. 
(3) Any agreement entered into by the United 
States 
Agency 
for 
International 
Development 
(USAID) or the Department of State with any de-
partment, agency, or instrumentality of the United 
States Government pursuant to section 632(b) of the 
Foreign Assistance Act of 1961 valued in excess of 
$1,000,000 and any agreement made pursuant to 
section 632(a) of such Act, with funds appropriated 
by this Act and prior Acts making appropriations 
for the Department of State, foreign operations, and 
related programs under the headings ‘‘Global Health 
Programs’’, ‘‘Development Assistance’’, ‘‘Economic 
Support Fund’’, and ‘‘Assistance for Europe, Eur-
asia and Central Asia’’ shall be subject to the reg-
ular notification procedures of the Committees on 
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Appropriations: Provided, That the requirement in 
the previous sentence shall not apply to agreements 
entered into between USAID and the Department of 
State. 
(d) TRANSFERS BETWEEN ACCOUNTS.—None of the 
funds made available under titles II through V of this Act 
may be obligated under an appropriation account to which 
such funds were not appropriated, except for transfers 
specifically provided for in this Act, unless the President, 
not less than 5 days prior to the exercise of any authority 
contained in the Foreign Assistance Act of 1961 to trans-
fer funds, consults with and provides a written policy jus-
tification to the Committees on Appropriations. 
(e) AUDIT
OF INTER-AGENCY TRANSFERS.—Any 
agreement for the transfer or allocation of funds appro-
priated by this Act, or prior Acts, entered into between 
the Department of State or USAID and another agency 
of the United States Government under the authority of 
section 632(a) of the Foreign Assistance Act of 1961 or 
any comparable provision of law, shall expressly provide 
that the Inspector General (IG) for the agency receiving 
the transfer or allocation of such funds, or other entity 
with audit responsibility if the receiving agency does not 
have an IG, shall perform periodic program and financial 
audits of the use of such funds and report to the Depart-
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ment of State or USAID, as appropriate, upon completion 
of such audits: Provided, That such audits shall be trans-
mitted to the Committees on Appropriations by the De-
partment of State or USAID, as appropriate: Provided 
further, That funds transferred under such authority may 
be made available for the cost of such audits. 
(f) REPORT.—Not later than 90 days after enactment 
of this Act, the Secretary of State and the USAID Admin-
istrator shall each submit a report to the Committees on 
Appropriations detailing all transfers to another agency 
of the United States Government made pursuant to sec-
tions 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 Appropria-
tions Act, 2016 (division K of Public Law 114–113) as 
of the date of enactment of this Act: Provided, That such 
reports shall include a list of each transfer made pursuant 
to such sections with the respective funding level, appro-
priation account, and the receiving agency. 
PROHIBITION ON FIRST-CLASS TRAVEL 
SEC. 7010. None of the funds made available in this 
Act may be used for first-class travel by employees of 
agencies funded by this Act in contravention of sections 
301–10.122 through 301–10.124 of title 41, Code of Fed-
eral Regulations. 
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AVAILABILITY OF FUNDS 
SEC. 7011. (a) AVAILABILITY.—No part of any ap-
propriation contained in this Act shall remain available for 
obligation after the expiration of the current fiscal year 
unless expressly so provided in this Act. 
(b) AUTHORITY.—Funds appropriated for the pur-
poses of chapters 1 and 8 of part I, section 661, chapters 
4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act 
of 1961, section 23 of the Arms Export Control Act, and 
funds provided under the headings ‘‘Development Credit 
Authority’’ and ‘‘Assistance for Europe, Eurasia and Cen-
tral Asia’’ shall remain available for an additional 4 years 
from the date on which the availability of such funds 
would otherwise have expired, if such funds are initially 
obligated before the expiration of their respective periods 
of availability contained in this Act: Provided, That not-
withstanding any other provision of this Act, any funds 
made available for the purposes of chapter 1 of part I and 
chapter 4 of part II of the Foreign Assistance Act of 1961 
which are allocated or obligated for cash disbursements 
in order to address balance of payments or economic policy 
reform objectives, shall remain available for an additional 
4 years from the date on which the availability of such 
funds would otherwise have expired, if such funds are ini-
tially allocated or obligated before the expiration of their 
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respective periods of availability contained in this Act: 
Provided further, That the Secretary of State shall provide 
a report to the Committees on Appropriations not later 
than October 30, 2017, detailing by account and source 
year, the use of this authority during the previous fiscal 
year. 
(c) LIMITATION.—The authority in subsection (b) 
shall not apply unless the Secretary of State certifies and 
reports to the Committees on Appropriations that the De-
partment of State has implemented— 
(1) the recommendations of the Foreign Assist-
ance Data Review, including— 
(A) the development of a standard foreign 
assistance management business process; 
(B) identification of changes to existing 
systems and new system requirements by bu-
reau to meet the new business process; and 
(C) development of an integrated system 
solution, including standards and governance, 
to meet all requirements of the new foreign as-
sistance business process; and 
(2) the recommendations contained in the Of-
fice of Inspector General report entitled, ‘‘Depart-
ment Financial Systems Are Insufficient to Track 
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and Report on Foreign Assistance Funds’’, includ-
ing— 
(A) the development of a list of require-
ments related to tracking and reporting foreign 
assistance funding by program, project, coun-
try, region, and purpose (sector); and 
(B) the development and implementation 
of a comprehensive plan with target completion 
dates to address foreign assistance funding 
tracking and reporting requirements. 
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 
SEC. 7012. No part of any appropriation provided 
under titles III through VI in this Act shall be used to 
furnish assistance to the government of any country which 
is in default during a period in excess of 1 calendar year 
in payment to the United States of principal or interest 
on any loan made to the government of such country by 
the United States pursuant to a program for which funds 
are appropriated under this Act unless the President de-
termines, following consultations with the Committees on 
Appropriations, that assistance for such country is in the 
national interest of the United States. 
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PROHIBITION ON TAXATION OF UNITED STATES 
ASSISTANCE 
SEC. 7013. (a) PROHIBITION ON TAXATION.—None 
of the funds appropriated under titles III through VI of 
this Act may be made available to provide assistance for 
a foreign country under a new bilateral agreement gov-
erning the terms and conditions under which such assist-
ance is to be provided unless such agreement includes a 
provision stating that assistance provided by the United 
States shall be exempt from taxation, or reimbursed, by 
the foreign government, and the Secretary of State shall 
expeditiously seek to negotiate amendments to existing bi-
lateral agreements, as necessary, to conform with this re-
quirement. 
(b) REIMBURSEMENT
OF
FOREIGN
TAXES.—An 
amount equivalent to 200 percent of the total taxes as-
sessed during fiscal year 2017 on funds appropriated by 
this Act by a foreign government or entity against United 
States assistance programs for which funds are appro-
priated by this Act, either directly or through grantees, 
contractors, and subcontractors shall be withheld from ob-
ligation from funds appropriated for assistance for fiscal 
year 2018 and allocated for the central government of 
such country and for the West Bank and Gaza program 
to the extent that the Secretary of State certifies and re-
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ports in writing to the Committees on Appropriations, not 
later than September 30, 2018, that such taxes have not 
been reimbursed to the Government of the United States. 
(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 
minimis nature shall not be subject to the provisions of 
subsection (b). 
(d) REPROGRAMMING OF FUNDS.—Funds withheld 
from obligation for each country or entity pursuant to sub-
section (b) shall be reprogrammed for assistance for coun-
tries 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 program-
matically responsible manner. 
(e) DETERMINATIONS.— 
(1) The provisions of this section shall not 
apply to any country or entity if the Secretary of 
State reports to the Committees on Appropriations 
that— 
(A) such country or entity does not assess 
taxes on United States assistance or has an ef-
fective arrangement that is providing substan-
tial reimbursement of such taxes; or 
(B) the foreign policy interests of the 
United States outweigh the purpose of this sec-
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tion to ensure that United States assistance is 
not subject to taxation. 
(2) The Secretary of State shall consult with 
the Committees on Appropriations at least 15 days 
prior to exercising the authority of this subsection 
with regard to any country or entity. 
(f) IMPLEMENTATION.—The Secretary of State shall 
issue rules, regulations, or policy guidance, as appropriate, 
to implement the prohibition against the taxation of assist-
ance contained in this section. 
(g) DEFINITIONS.—As used in this section— 
(1) the term ‘‘bilateral agreement’’ refers to a 
framework bilateral agreement between the Govern-
ment 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 de-
scribes, among other things, the treatment for tax 
purposes that will be accorded the United States as-
sistance provided under that agreement; and 
(2) the term ‘‘taxes and taxation’’ shall include 
value added taxes and customs duties but shall not 
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subsection (g) of this section shall include information (if 
known on the date of transmittal of such notification) on 
the use of notwithstanding authority: Provided further, 
That if subsequent to the notification of assistance it be-
comes necessary to rely on notwithstanding authority, the 
Committees on Appropriations should be informed at the 
earliest opportunity and to the extent practicable. 
(d) NOTIFICATION OF TRANSFER OF FUNDS.—Not-
withstanding any other provision of law, with the excep-
tion of funds transferred to, and merged with, funds ap-
propriated 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 Develop-
ment for assistance for foreign countries and international 
organizations, and funds made available for programs pre-
viously authorized under section 1206 of the National De-
fense Authorization Act for Fiscal Year 2006 (Public Law 
109–163) or section 2282 of title 10, United States Code, 
shall be subject to the regular notification procedures of 
the Committees on Appropriations. 
(e) WAIVER.—The requirements of this section or 
any similar provision of this Act or any other Act, includ-
ing 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 
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