1151 
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 
respective periods of availability contained in this Act: Pro-
vided 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. 
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 fur-
nish 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 deter-
mines, following consultations with the Committees on Ap-
propriations, that assistance for such country is in the na-
tional interest of the United States. 
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 for-
1152 
eign 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 ex-
empt from taxation, or reimbursed, by the foreign govern-
ment, 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 re-
quirement. 
(b) NOTIFICATION AND REIMBURSEMENT OF FOREIGN 
TAXES.—An amount equivalent to 200 percent of the total 
taxes assessed during fiscal year 2017 on funds appro-
priated 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 2018 and for prior fiscal years and allocated 
for the central government of such country or for the West 
Bank and Gaza program if, not later than September 30, 
2018, such taxes have not been reimbursed: Provided, That 
the Secretary of State shall report to the Committees on 
Appropriations by such date on the foreign governments
1153 
and entities that have not reimbursed such taxes, including 
any amount of funds withheld pursuant to this subsection. 
(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 
minimis nature shall not be subject to the provisions of sub-
section (b). 
(d) REPROGRAMMING
OF FUNDS.—Funds withheld 
from obligation for each foreign government or entity pur-
suant 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 program-
matically responsible manner. 
(e) DETERMINATIONS.— 
(1) 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 Commit-
tees on Appropriations that— 
(A) such foreign government or entity has 
an effective arrangement that is providing sub-
stantial reimbursement of such taxes; or 
(B) the foreign policy interests of the United 
States outweigh the purpose of this section to en-
sure that United States assistance is not subject 
to taxation.
1154 
(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 re-
gard to any foreign government 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 privi-
leges and immunities applicable to United States for-
eign assistance for such country generally, or an indi-
vidual 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’’ shall include 
value added taxes and customs duties but shall not 
include individual income taxes assessed to local staff. 
(h) REPORT.—The Secretary of State, in consultation 
with the heads of other relevant departments or agencies
1155 
of the United States Government, shall submit a report to 
the Committees on Appropriations, not later than 90 days 
after the enactment of this Act, detailing steps taken by such 
departments or agencies to comply with the requirements 
of this section, including rules, regulations, and policy 
guidance issued pursuant to subsection (f). 
RESERVATIONS OF FUNDS 
SEC. 7014. (a) REPROGRAMMING.—Funds appro-
priated under titles III through VI of this Act which are 
specifically designated may be reprogrammed for other pro-
grams within the same account notwithstanding the des-
ignation if compliance with the designation is made impos-
sible by operation of any provision of this or any other Act: 
Provided, That any such reprogramming shall be subject 
to the regular notification procedures of the Committees on 
Appropriations: Provided further, That assistance that is 
reprogrammed pursuant to this subsection shall be made 
available under the same terms and conditions as originally 
provided. 
(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 ad-
ministered 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
1156 
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 Com-
mittees on Appropriations that the termination of assist-
ance to a country or a significant change in circumstances 
makes it unlikely that such designated funds can be obli-
gated during the original period of availability: Provided, 
That such designated funds that continue to be available 
for an additional fiscal year shall be obligated only for the 
purpose of such designation. 
(c) OTHER ACTS.—Ceilings and specifically des-
ignated 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 spe-
cifically so directs: Provided, That specifically designated 
funding levels or minimum funding requirements contained 
in any other Act shall not be applicable to funds appro-
priated by this Act. 
NOTIFICATION REQUIREMENTS 
SEC. 7015. (a) NOTIFICATION OF CHANGES IN PRO-
GRAMS, 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 obli-
1157 
gation in fiscal year 2017, or provided from any accounts 
in the Treasury of the United States derived by the collec-
tion of fees or of currency reflows or other offsetting collec-
tions, 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) eliminate a program, project, or activity; 
(3) close, suspend, open, or reopen a mission or 
post; 
(4) create, close, reorganize, or rename bureaus, 
centers, or offices; or 
(5) contract out or privatize any functions or ac-
tivities presently performed by Federal employees; 
unless previously justified to the Committees on Appropria-
tions 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 Depart-
ment 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 2017, or provided from any accounts in the Treasury 
of the United States derived by the collection of fees avail-
1158 
able 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 exist-
ing program, project, or activity, or numbers of per-
sonnel 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 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’’, ‘‘Inter-
national Organizations and Programs’’, ‘‘Trade and Devel-
opment Agency’’, ‘‘International Narcotics Control and 
Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘Democ-
racy Fund’’, ‘‘Assistance for Europe, Eurasia and Central 
Asia’’, 
‘‘Peacekeeping 
Operations’’, 
‘‘Nonproliferation,
1159 
Anti-terrorism, Demining and Related Programs’’, ‘‘Millen-
nium Challenge Corporation’’, ‘‘Foreign Military Financ-
ing Program’’, ‘‘International Military Education and 
Training’’, and ‘‘Peace Corps’’, shall be available for obliga-
tion for activities, programs, projects, type of materiel as-
sistance, countries, or other operations not justified or in 
excess of the amount justified to the Committees on Appro-
priations for obligation under any of these specific headings 
unless the Committees on Appropriations are notified 15 
days in advance: Provided, That the President shall not 
enter into any commitment of funds appropriated for the 
purposes of section 23 of the Arms Export Control Act for 
the provision of major defense equipment, other than con-
ventional ammunition, or other major defense items defined 
to be aircraft, ships, missiles, or combat vehicles, not pre-
viously justified to Congress or 20 percent in excess of the 
quantities justified to Congress unless the Committees on 
Appropriations are notified 15 days in advance of such 
commitment: Provided further, That requirements of this 
subsection or any similar provision of this or any other 
Act shall not apply to any reprogramming for an activity, 
program, or project for which funds are appropriated under 
titles III through VI of this Act of less than 10 percent of 
the amount previously justified to Congress for obligation 
for such activity, program, or project for the current fiscal
1160 
year: Provided further, That any notification submitted 
pursuant to subsection (f) of this section shall include infor-
mation (if known on the date of transmittal of such notifi-
cation) on the use of notwithstanding authority: Provided 
further, That if subsequent to the notification of assistance 
it becomes 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 exception 
of funds transferred to, and merged with, funds appro-
priated 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 as-
sistance for foreign countries and international organiza-
tions, and funds made available for programs previously 
authorized under section 1206 of the National Defense Au-
thorization Act for Fiscal Year 2006 (Public Law 109–163; 
119 Stat. 3456), section 2282 of title 10, United States 
Code, section 333 of title 10, United States Code, as added 
by section 1241 of the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114–328), or any suc-
cessor authorities, shall be subject to the regular notification 
procedures of the Committees on Appropriations.
1161 
(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 Appro-
priations, may be waived if failure to do so would pose a 
substantial risk to human health or welfare: Provided, That 
in case of any such waiver, notification to the Committees 
on Appropriations shall be provided as early as practicable, 
but in no event later than 3 days after taking the action 
to which such notification requirement was applicable, in 
the context of the circumstances necessitating such waiver: 
Provided further, That any notification provided pursuant 
to such a waiver shall contain an explanation of the emer-
gency circumstances. 
(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 Afghan-
istan, Bahrain, Bolivia, Burma, Cambodia, Colombia, 
Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Guatemala, 
Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, 
Pakistan, Philippines, the Russian Federation, Somalia, 
South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Ven-
ezuela, Yemen, and Zimbabwe except as provided through 
the regular notification procedures of the Committees on 
Appropriations.
1162 
(g) TRUST FUNDS.—Funds appropriated or otherwise 
made available in title III of this Act and prior Acts mak-
ing funds available for the Department of State, foreign op-
erations, 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: Provided, That such notification shall in-
clude the information specified under this section in the ex-
planatory statement described in section 4 (in the matter 
preceding division A of this Consolidated Act). 
(h) PILOT PROGRAM NOTIFICATION REQUIREMENT.— 
Funds appropriated under Title I of this Act under the 
heading ‘‘Diplomatic and Consular Programs’’ that are 
made available for a pilot program for lateral entry into 
the Foreign Service shall be subject to prior consultation 
with, and the regular notification procedures of, the Com-
mittees on Appropriations. 
(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 ap-
plication 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.
1163 
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT 
SEC. 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, That 
before issuing a letter of offer to sell excess defense articles 
under the Arms Export Control Act, the Department of De-
fense shall notify the Committees on Appropriations in ac-
cordance with the regular notification procedures of such 
Committees if such defense articles are significant military 
equipment (as defined in section 47(9) of the Arms Export 
Control Act) or are valued (in terms of original acquisition 
cost) at $7,000,000 or more, or if notification is required 
elsewhere in this Act for the use of appropriated funds for 
specific countries that would receive such excess defense ar-
ticles: Provided further, That such Committees shall also be 
informed of the original acquisition cost of such defense ar-
ticles. 
LIMITATION ON AVAILABILITY OF FUNDS FOR 
INTERNATIONAL ORGANIZATIONS AND PROGRAMS 
SEC. 7017. Subject to the regular notification proce-
dures of the Committees on Appropriations, funds appro-
priated under titles I and III through V of this Act, which
1164 
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 avail-
able for obligation until September 30, 2019: Provided, 
That the requirement to withhold funds for programs in 
Burma under section 307(a) of the Foreign Assistance Act 
of 1961 shall not apply to funds appropriated by this Act. 
PROHIBITION ON FUNDING FOR ABORTIONS AND 
INVOLUNTARY STERILIZATION 
SEC. 7018. None of the funds made available to carry 
out part I of the Foreign Assistance Act of 1961, as amend-
ed, 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 perform-
ance 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 bio-
medical research which relates in whole or in part, to meth-
ods of, or the performance of, abortions or involuntary steri-
lization as a means of family planning. None of the funds 
made available to carry out part I of the Foreign Assistance
1165 
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 abor-
tions and involuntary sterilizations. 
ALLOCATIONS 
SEC. 7019. (a) ALLOCATION TABLES.—Subject to sub-
section (b), funds appropriated by this Act under titles III 
through V shall be made available in the amounts specifi-
cally designated in the respective tables included in the ex-
planatory statement described in section 4 (in the matter 
preceding division A of this Consolidated Act): Provided, 
That such designated amounts for foreign countries and 
international organizations shall serve as the amounts for 
such countries and international organizations transmitted 
to Congress in the report required by section 653(a) of the 
Foreign Assistance Act of 1961. 
(b) AUTHORIZED DEVIATIONS.—Unless otherwise pro-
vided for by this Act, the Secretary of State and the Admin-
istrator of the United States Agency for International De-
velopment, as applicable, may only deviate up to 5 percent 
from the amounts specifically designated in the respective 
tables included in the explanatory statement described in 
section 4 (in the matter preceding division A of this Con-
solidated Act): Provided, That such percentage may be ex-
1166 
ceeded only to respond to significant, exigent, or unforeseen 
events, or to address other exceptional circumstances di-
rectly related to the national interest: Provided further, 
That deviations pursuant to the previous proviso shall be 
subject to prior consultation with, and the regular notifica-
tion procedures of, the Committees on Appropriations. 
(c) LIMITATION.—For specifically designated amounts 
that are included, pursuant to subsection (a), in the report 
required by section 653(a) of the Foreign Assistance Act of 
1961, no deviations authorized by subsection (b) may take 
place until submission of such report. 
(d) EXCEPTIONS.— 
(1) Subsections (a) and (b) shall not apply to— 
(A) amounts designated for ‘‘International 
Military Education and Training’’ in the respec-
tive tables included in the explanatory statement 
described in section 4 (in the matter preceding 
division A of this Consolidated Act); and 
(B) funds for which the initial period of 
availability has expired. 
(2) The authority in subsection (b) to deviate 
below amounts designated in the respective tables in-
cluded in the joint explanatory statement described in 
section 4 (in the matter preceding division A of this 
Consolidated Act) shall not apply to the table in-
1167 
cluded under the heading ‘‘Global Health Programs’’ 
in such joint explanatory statement. 
REPRESENTATION AND ENTERTAINMENT EXPENSES 
SEC. 7020. (a) USES OF FUNDS.—Each Federal de-
partment, 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— 
(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 substan-
tially 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’’ or ‘‘For-
eign Military Financing Program’’ for Informational Pro-
gram activities or under the headings ‘‘Global Health Pro-
grams’’, ‘‘Development Assistance’’, ‘‘Economic Support 
Fund’’, and ‘‘Assistance for Europe, Eurasia and Central 
Asia’’ may be obligated or expended to pay for—
1168 
(1) alcoholic beverages; or 
(2) entertainment expenses for activities that are 
substantially of a recreational character, including 
but not limited to entrance fees at sporting events, 
theatrical and musical productions, and amusement 
parks. 
PROHIBITION ON ASSISTANCE TO GOVERNMENTS 
SUPPORTING INTERNATIONAL TERRORISM 
SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EX-
PORTS.— 
(1) PROHIBITION.—None of the funds appro-
priated 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 inter-
national terrorism for purposes of section 6(j) of the 
Export Administration Act of 1979 as continued in 
effect pursuant to the International Emergency Eco-
nomic Powers Act: Provided, That the prohibition 
under this section with respect to a foreign govern-
ment shall terminate 12 months after that government 
ceases to provide such military equipment: Provided 
further, That this section applies with respect to le-
1169 
thal military equipment provided under a contract 
entered into after October 1, 1997. 
(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 Presi-
dent shall submit to the Committees on Appropria-
tions a report with respect to the furnishing of such 
assistance, including a detailed explanation of the as-
sistance to be provided, the estimated dollar amount 
of such assistance, and an explanation of how the as-
sistance furthers United States national interest. 
(b) BILATERAL ASSISTANCE.— 
(1) LIMITATIONS.—Funds appropriated for bi-
lateral 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—
1170 
(A) grants sanctuary from prosecution to 
any individual or group which has committed 
an act of international terrorism; 
(B) otherwise supports international ter-
rorism; or 
(C) is controlled by an organization des-
ignated 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 ap-
plication of paragraph (1) to a government if the 
President determines that national security or hu-
manitarian reasons justify such waiver: Provided, 
That the President shall publish each such waiver in 
the Federal Register and, at least 15 days before the 
waiver takes effect, shall notify the Committees on Ap-
propriations of the waiver (including the justification 
for the waiver) in accordance with the regular notifi-
cation procedures of the Committees on Appropria-
tions. 
AUTHORIZATION REQUIREMENTS 
SEC. 7022. Funds appropriated by this Act, except 
funds appropriated under the heading ‘‘Trade and Develop-
ment Agency’’, may be obligated and expended notwith-
standing section 10 of Public Law 91–672 (22 U.S.C.
1171 
2412), section 15 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 
(22 U.S.C. 6212), and section 504(a)(1) of the National Se-
curity Act of 1947 (50 U.S.C. 3094(a)(1)). 
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 
SEC. 7023. For the purpose of titles II through VI of 
this Act ‘‘program, project, and activity’’ shall be defined 
at the appropriations Act account level and shall include 
all appropriations and authorizations Acts funding direc-
tives, ceilings, and limitations with the exception that for 
the following accounts: ‘‘Economic Support Fund’’, ‘‘Assist-
ance for Europe, Eurasia and Central Asia’’, and ‘‘Foreign 
Military Financing Program’’, ‘‘program, project, and ac-
tivity’’ shall also be considered to include country, regional, 
and central program level funding within each such ac-
count; and for the development assistance accounts of the 
United States Agency for International Development, ‘‘pro-
gram, project, and activity’’ shall also be considered to in-
clude central, country, regional, and program level funding, 
either as— 
(1) justified to Congress; or 
(2) allocated by the Executive Branch in accord-
ance with a report, to be provided to the Committees 
on Appropriations within 30 days of the enactment
1172 
of this Act, as required by section 653(a) of the For-
eign 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 DEVELOP-
MENT FOUNDATION 
SEC. 7024. Unless expressly provided to the contrary, 
provisions of this or any other Act, including provisions 
contained in prior Acts authorizing or making appropria-
tions for the Department of State, foreign operations, and 
related programs, shall not be construed to prohibit activi-
ties authorized by or conducted under the Peace Corps Act, 
the Inter-American Foundation Act or the African Develop-
ment Foundation Act: Provided, That prior to conducting 
activities in a country for which assistance is prohibited, 
the agency shall consult with the Committees on Appropria-
tions and report to such Committees within 15 days of tak-
ing such action. 
COMMERCE, TRADE AND SURPLUS COMMODITIES 
SEC. 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,
1173 
or any other financial commitments for establishing or ex-
panding 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 opera-
tive and if the assistance will cause substantial injury to 
United States producers of the same, similar, or competing 
commodity: Provided, That such prohibition shall not 
apply to the Export-Import Bank if in the judgment of its 
Board of Directors the benefits to industry and employment 
in the United States are likely to outweigh the injury to 
United States producers of the same, similar, or competing 
commodity, and the Chairman of the Board so notifies the 
Committees on Appropriations: Provided further, That this 
subsection shall not prohibit— 
(1) activities in a country that is eligible for as-
sistance from the International Development Associa-
tion, is not eligible for assistance from the Inter-
national Bank for Reconstruction and Development, 
and does not export on a consistent basis the agricul-
tural commodity with respect to which assistance is 
furnished; or 
(2) activities in a country the President deter-
mines is recovering from widespread conflict, a hu-
manitarian crisis, or a complex emergency.
1174 
(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, That this sub-
section shall not prohibit— 
(1) activities designed to increase food security 
in developing countries where such activities will not 
have a significant impact on the export of agricul-
tural commodities of the United States; 
(2) research activities intended primarily to ben-
efit United States producers; 
(3) activities in a country that is eligible for as-
sistance from the International Development Associa-
tion, is not eligible for assistance from the Inter-
national Bank for Reconstruction and Development, 
and does not export on a consistent basis the agricul-
tural commodity with respect to which assistance is 
furnished; or
1175 
(4) activities in a country the President deter-
mines is recovering from widespread conflict, a hu-
manitarian 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 institu-
tions, as defined in section 7034(r)(3) of this Act, to use 
the voice and vote of the United States to oppose any assist-
ance 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 substan-
tial injury to United States producers of the same, similar, 
or competing commodity. 
SEPARATE ACCOUNTS 
SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL CUR-
RENCIES.— 
(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 For-
eign Assistance Act of 1961 under agreements which 
result in the generation of local currencies of that 
country, the Administrator of the United States Agen-
cy for International Development shall—
1176 
(A) require that local currencies be depos-
ited in a separate account established by that 
government; 
(B) enter into an agreement with that gov-
ernment 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 gov-
ernment the responsibilities of USAID and that 
government to monitor and account for deposits 
into and disbursements from the separate ac-
count. 
(2) USES OF LOCAL CURRENCIES.—As may be 
agreed upon with the foreign government, local cur-
rencies deposited in a separate account pursuant to 
subsection (a), or an equivalent amount of local cur-
rencies, 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 pur-
poses as—
1177 
(i) project and sector assistance activi-
ties; 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 equiv-
alent of the local currencies disbursed pursuant to 
subsection (a)(2)(A) from the separate account estab-
lished 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 re-
main 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 coun-
try and the United States Government. 
(5) REPORTING
REQUIREMENT.—The USAID 
Administrator shall report as part of the congres-
sional budget justification submitted to the Commit-
tees on Appropriations on the use of local currencies 
for the administrative requirements of the United
1178 
States Government as authorized in subsection 
(a)(2)(B), and such report shall include the amount 
of local currency (and United States dollar equiva-
lent) used or to be used for such purpose in each ap-
plicable country. 
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 
(1) IN GENERAL.—If assistance is made avail-
able 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 incon-
sistent with the nature of this assistance including 
provisions which are referenced in the Joint Explana-
tory Statement of the Committee of Conference accom-
panying House Joint Resolution 648 (House Report 
No. 98–1159). 
(3) NOTIFICATION.—At least 15 days prior to ob-
ligating any such cash transfer or nonproject sector 
assistance, the President shall submit a notification
1179 
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 as-
sistance (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 para-
graph (1) only through the regular notification proce-
dures of the Committees on Appropriations. 
ELIGIBILITY FOR ASSISTANCE 
SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN-
MENTAL 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 ap-
propriated by this Act to carry out the provisions of chap-
ters 1, 10, 11, and 12 of part I and chapter 4 of part II 
of the Foreign Assistance Act of 1961 and from funds ap-
propriated under the heading ‘‘Assistance for Europe, Eur-
asia and Central Asia’’: Provided, That before using the au-
thority of this subsection to furnish assistance in support 
of programs of nongovernmental organizations, the Presi-
1180 
dent shall notify the Committees on Appropriations pursu-
ant to the regular notification procedures, including a de-
scription of the program to be assisted, the assistance to 
be provided, and the reasons for furnishing such assistance: 
Provided further, That nothing in this subsection shall be 
construed to alter any existing statutory prohibitions 
against abortion or involuntary sterilizations contained in 
this or any other Act. 
(b) PUBLIC LAW 480.—During fiscal year 2017, re-
strictions 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): Provided, That none of the funds appropriated to 
carry out title I of such Act and made available pursuant 
to this subsection may be obligated or expended except as 
provided through the regular notification procedures of the 
Committees on Appropriations. 
(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 As-
sistance Act of 1961 or any comparable provision of 
law prohibiting assistance to the government of a
1181 
country that violates internationally recognized 
human rights. 
LOCAL COMPETITION 
SEC. 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 competi-
tion to local entities, USAID has— 
(A) assessed the level of local capacity to ef-
fectively 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 de-
termined to be responsible in accordance with 
USAID guidelines; and 
(B) effective monitoring and evaluation sys-
tems are in place to ensure that award funding 
is used for its intended purposes; and 
(3) no level of acceptable fraud is assumed.
1182 
(b) REPORTING REQUIREMENT.—In addition to the re-
quirements 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 2017 on all 
awards subject to limited or no competition for local enti-
ties: Provided, That such report should be posted on the 
USAID Web site: Provided further, That the requirements 
of this subsection shall only apply to awards in excess of 
$3,000,000 and sole source awards to local entities in excess 
of $2,000,000. 
(c) EXTENSION OF PROCUREMENT AUTHORITY.—Sec-
tion 7077 of the Department of State, Foreign Operations, 
and Related Programs Appropriations Act, 2012 (division 
I of Public Law 112–74), as amended, shall continue in 
effect during fiscal year 2017. 
INTERNATIONAL FINANCIAL INSTITUTIONS 
SEC. 7029. (a) EVALUATIONS AND REPORT.—The Sec-
retary of the Treasury shall instruct the United States exec-
utive 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 per-
cent of all loans, grants, programs, and significant analyt-
ical non-lending activities in advancing the institution’s
1183 
goals of reducing poverty and promoting equitable economic 
growth, consistent with relevant safeguards, to ensure that 
decisions to support such loans, grants, programs, and ac-
tivities are based on accurate data and objective analysis: 
Provided, That not later than 45 days after enactment of 
this Act, the Secretary shall submit a report to the Commit-
tees on Appropriations on steps taken by the United States 
executive directors and the international financial institu-
tions consistent with this subsection. 
(b) SAFEGUARDS.— 
(1) The Secretary of the Treasury shall instruct 
the United States Executive Director of the Inter-
national 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 inter-
national financial institution to vote against loans or 
other financing for projects unless such projects—
1184 
(A) provide for accountability and trans-
parency, including the collection, verification 
and publication of beneficial ownership informa-
tion related to extractive industries and on-site 
monitoring during the life of the project; 
(B) will be developed and carried out in ac-
cordance with best practices regarding environ-
mental conservation; cultural protection; and 
empowerment of local populations, including 
free, prior and informed consent of affected in-
digenous communities; 
(C) do not provide incentives for, or facili-
tate, forced displacement; and 
(D) do not partner with or otherwise in-
volve 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 com-
pensation 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
1185 
any alternate United States executive director to such insti-
tution 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 dili-
gence and risk management, as appropriate, in connection 
with any loan, grant, policy, or strategy of such institution: 
Provided, That prior to voting on any such loan, grant, 
policy, or strategy the executive director shall consult with 
the Assistant Secretary for Democracy, Human Rights, and 
Labor, Department of State, if the executive director has 
reason to believe that such loan, grant, policy, or strategy 
could result in forced displacement or other violation of 
human rights. 
(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.
1186 
(f) BENEFICIAL OWNERSHIP INFORMATION.—The Sec-
retary of the Treasury shall instruct the United States exec-
utive 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, That not later 
than 45 days after enactment of this Act, the Secretary shall 
submit a report to the Committees on Appropriations on 
steps taken by the United States executive directors and the 
international financial institutions consistent with this 
subsection. 
(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 imple-
menting and enforcing policies and procedures which reflect 
best practices for the protection of whistleblowers from retal-
iation, including best practices for— 
(1) protection against retaliation for internal 
and lawful public disclosure; 
(2) legal burdens of proof;
1187 
(3) statutes of limitation for reporting retalia-
tion; 
(4) access to independent adjudicative bodies, in-
cluding external arbitration; and 
(5) results that eliminate the effects of proven re-
taliation. 
DEBT-FOR-DEVELOPMENT 
SEC. 7030. In order to enhance the continued partici-
pation of nongovernmental organizations in debt-for-devel-
opment 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 pro-
vided under title III of this Act and, subject to the regular 
notification procedures of the Committees on Appropria-
tions, 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 
SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT- 
TO-GOVERNMENT ASSISTANCE.— 
(1) REQUIREMENTS.—Funds appropriated by 
this Act may be made available for direct govern-
ment-to-government assistance only if—
1188 
(A)(i) each implementing agency or min-
istry 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 em-
ploys and utilizes staff with the necessary tech-
nical, financial, and management capabilities; 
(iii) the recipient agency or ministry has 
adopted competitive procurement policies and 
systems; 
(iv) effective monitoring and evaluation sys-
tems 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 compli-
ance with the principles set forth in section 7013 
of this Act;
1189 
(C) the recipient agency or ministry is not 
headed or controlled by an organization des-
ignated 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 objec-
tives 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 assem-
bly. 
(2) CONSULTATION AND NOTIFICATION.—In ad-
dition to the requirements in paragraph (1), no funds 
may be made available for direct government-to-gov-
ernment assistance without prior consultation with, 
and notification of, the Committees on Appropria-
tions: Provided, That such notification shall contain 
an explanation of how the proposed activity meets the 
requirements of paragraph (1): Provided further, That 
the requirements of this paragraph shall only apply 
to direct government-to-government assistance in ex-
1190 
cess of $10,000,000 and all funds available for cash 
transfer, budget support, and cash payments to indi-
viduals. 
(3) SUSPENSION OF ASSISTANCE.—The Adminis-
trator of the United States Agency for International 
Development or the Secretary of State, as appro-
priate, shall suspend any direct government-to-gov-
ernment assistance if the Administrator or the Sec-
retary has credible information of material misuse of 
such assistance, unless the Administrator or the Sec-
retary 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 Sec-
retary of State shall submit to the Committees on Ap-
propriations, concurrent with the fiscal year 2018 
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 6 months thereafter until 
September 30, 2018, the USAID Administrator shall
1191 
submit to the Committees on Appropriations a report 
that— 
(A) details all assistance described in para-
graph (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, That for 
purposes of this paragraph, the term ‘‘international 
financial institution’’ has the meaning given the term 
in section 7034(r)(3) of this Act. 
(b) NATIONAL
BUDGET
AND
CONTRACT
TRANS-
PARENCY.— 
(1) MINIMUM REQUIREMENTS OF FISCAL TRANS-
PARENCY.—The Secretary of State shall continue to 
update and strengthen the ‘‘minimum requirements of 
fiscal transparency’’ for each government receiving 
assistance appropriated by this Act, as identified in 
the report required by section 7031(b) of the Depart-
1192 
ment of State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2014 (division K of Public 
Law 113–76). 
(2) DEFINITION.—For purposes of paragraph 
(1), ‘‘minimum requirements of fiscal transparency’’ 
are requirements consistent with those in subsection 
(a)(1), and the public disclosure of national budget 
documentation (to include receipts and expenditures 
by ministry) and government contracts and licenses 
for natural resource extraction (to include bidding 
and concession allocation practices). 
(3) DETERMINATION
AND
REPORT.—For each 
government identified pursuant to paragraph (1), the 
Secretary of State, not later than 180 days after en-
actment of this Act, shall make or update any deter-
mination of ‘‘significant progress’’ or ‘‘no significant 
progress’’ in meeting the minimum requirements of 
fiscal transparency, and make such determinations 
publicly available in an annual ‘‘Fiscal Trans-
parency Report’’ to be posted on the Department of 
State Web site: Provided, That the Secretary shall 
identify the significant progress made by each such 
government to publicly disclose national budget docu-
mentation, contracts, and licenses which are addi-
tional to such information disclosed in previous fiscal
1193 
years, and include specific recommendations of short- 
and long-term steps such government should take to 
improve fiscal transparency: Provided further, That 
the annual report shall include a detailed description 
of how funds appropriated by this Act are being used 
to improve fiscal transparency, and identify bench-
marks for measuring progress. 
(4) ASSISTANCE.—Funds appropriated under 
title III of this Act shall be made available for pro-
grams and activities to assist governments identified 
pursuant to paragraph (1) to improve budget trans-
parency and to support civil society organizations in 
such countries that promote budget transparency: 
Provided, That such sums shall be in addition to 
funds otherwise available for such purposes: Provided 
further, That a description of the uses of such funds 
shall be included in the annual ‘‘Fiscal Transparency 
Report’’ required by paragraph (3). 
(c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— 
(1)(A) INELIGIBILITY.—Officials of foreign gov-
ernments and their immediate family members about 
whom the Secretary of State has credible information 
have been involved in significant corruption, includ-
ing corruption related to the extraction of natural re-
1194 
sources, or a gross violation of human rights shall be 
ineligible for entry into the United States. 
(B) The Secretary shall also publicly or pri-
vately designate or identify officials of foreign govern-
ments 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 ineli-
gible 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, That nothing in paragraph (1) 
shall be construed to derogate from United States 
Government obligations under applicable inter-
national agreements. 
(3) WAIVER.—The Secretary may waive the ap-
plication of paragraph (1) if the Secretary determines 
that the waiver would serve a compelling national in-
terest or that the circumstances which caused the in-
dividual to be ineligible have changed sufficiently. 
(4) REPORT.—Not later than 6 months after en-
actment of this Act, the Secretary of State shall sub-
mit a report, including a classified annex if nec-
1195 
essary, to the Committees on Appropriations and the 
Committees on the Judiciary describing the informa-
tion related to corruption or violation of human 
rights concerning each of the individuals found ineli-
gible in the previous 12 months pursuant to para-
graph (1)(A) as well as the individuals who the Sec-
retary designated or identified pursuant to paragraph 
(1)(B), or who would be ineligible but for the applica-
tion of paragraph (2), a list of any waivers provided 
under paragraph (3), and the justification for each 
waiver. 
(5) POSTING OF REPORT.—Any unclassified por-
tion of the report required under paragraph (4) shall 
be posted on the Department of State Web site. 
(6) CLARIFICATION.—For purposes of para-
graphs (1)(B), (4), and (5), the records of the Depart-
ment of State and of diplomatic and consular offices 
of the United States pertaining to the issuance or re-
fusal 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 in-
volving the participation of, or support from, a senior offi-
cial in a country that receives assistance funded by this 
Act under titles III or IV, the Secretary shall submit a re-
1196 
port to the Committees on Appropriations describing such 
networks, which shall include the information required 
under the heading ‘‘Economic Support Fund’’ in Senate 
Report 114–290. 
(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 mon-
itoring of the Extractive Industries Transparency 
Initiative, implementing and enforcing section 8204 
of the Food, Conservation, and Energy Act of 2008 
(Public Law 110–246; 122 Stat. 2052) and to prevent 
the sale of conflict diamonds, and provide technical 
assistance to promote independent audit mechanisms 
and support civil society participation in natural re-
source management. 
(2) UNITED STATES POLICY.— 
(A) The Secretary of the Treasury shall in-
form the management of the international finan-
cial 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,
1197 
grant, or guarantee) to any country for the ex-
traction 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 re-
quired 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 pub-
lic disclosure of payments to the host gov-
ernment by companies involved in the ex-
traction and export of natural resources; 
(ii) the independent auditing of ac-
counts receiving such payments and public 
disclosure of the findings of such audits; 
and 
(iii) public disclosure of such docu-
ments as Host Government Agreements, 
Concession Agreements, and bidding docu-
ments, allowing in any such dissemination 
or disclosure for the redaction of, or excep-
tions for, information that is commercially 
proprietary or that would create competi-
tive disadvantage.
1198 
(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 appro-
priated by this Act under titles I and II, and funds made 
available for any independent agency in title III, as appro-
priate, shall be made available to support the provision of 
additional information on United States Government for-
eign assistance on the Department of State foreign assist-
ance Web site: Provided, That all Federal agencies funded 
under this Act shall provide such information on foreign 
assistance, upon request, to the Department of State. 
DEMOCRACY PROGRAMS 
SEC. 7032. (a) FUNDING AND STRATEGY.— 
(1) Of the funds appropriated by this Act under 
the headings ‘‘Development Assistance’’, ‘‘Economic 
Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for 
Europe, Eurasia and Central Asia’’, and ‘‘Inter-
national Narcotics Control and Law Enforcement’’, 
not less than $2,308,517,000 shall be made available 
for democracy programs. 
(2) Not later than 180 days after enactment of 
this Act, the Secretary of State, in consultation with 
the relevant heads of other United States Government
1199 
agencies, shall submit to the appropriate congres-
sional committees a comprehensive, multi-year strat-
egy for the promotion of democracy abroad, to include 
the identification of the national interest served by 
such activity, and the specific roles and responsibil-
ities of such agencies in implementing the strategy. 
(b) AUTHORITY.—Funds made available by this Act 
for democracy programs may be made available notwith-
standing any other provision of law, and with regard to 
the National Endowment for Democracy (NED), any regu-
lation. 
(c) DEFINITION
OF DEMOCRACY PROGRAMS.—For 
purposes of funds appropriated by this Act, the term ‘‘de-
mocracy programs’’ means programs that support good gov-
ernance, credible and competitive elections, freedom of ex-
pression, association, assembly, and religion, human rights, 
labor rights, independent media, and the rule of law, and 
that otherwise strengthen the capacity of democratic polit-
ical parties, governments, nongovernmental organizations 
and institutions, and citizens to support the development 
of democratic states, and institutions that are responsive 
and accountable to citizens. 
(d) PROGRAM PRIORITIZATION.—Funds made avail-
able pursuant to this section that are made available for 
programs to strengthen government institutions shall be
1200 
prioritized for those institutions that demonstrate a com-
mitment 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, That 
the Secretary of State, in coordination with the USAID Ad-
ministrator, shall report to the Committees on Appropria-
tions, not later than 120 days after enactment of this Act, 
detailing steps taken by the Department of State and 
USAID to comply with the requirements of this subsection. 
(f) CONTINUATION OF CURRENT PRACTICES.—USAID 
shall continue to implement civil society and political com-
petition 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, That nothing in 
this paragraph shall be construed to affect the ability of 
any entity, including United States small businesses, from 
competing for proposals for USAID-funded civil society and 
political competition and consensus building programs.
1201 
(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 Pub-
lic Law 110–53; 22 U.S.C. 8211) or similar provision of 
law or regulation, the Under Secretary for Civilian Secu-
rity, Democracy and Human Rights, Department of State, 
in consultation with the Assistant Secretary for Democracy, 
Human Rights, and Labor, Department of State, and the 
Assistant Administrator for Democracy, Conflict, and Hu-
manitarian Assistance, USAID, shall review such strategy 
to ensure that it includes— 
(1) specific goals and objectives for such pro-
gram, including a specific plan and timeline to meas-
ure 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 sus-
tain such program in fiscal year 2017 and subsequent 
fiscal years, as appropriate:
1202 
Provided, That for the purposes of this subsection, the term 
‘‘nondemocratic or democratic transitioning country’’ shall 
have the same meaning as in section 2104(6) of Public Law 
110–53. 
(h) COMMUNICATION
AND
REPORTING
REQUIRE-
MENTS.— 
(1) INFORMING THE NATIONAL ENDOWMENT FOR 
DEMOCRACY.—The Assistant Secretary for Democ-
racy, Human Rights, and Labor, Department of 
State, and the Assistant Administrator for Democ-
racy, 
Conflict, 
and 
Humanitarian 
Assistance, 
USAID, shall regularly inform the National Endow-
ment 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 re-
lated programs. 
(2) REPORT
ON
FUNDING
INSTRUMENTS.—Not 
later than September 30, 2017, 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, 2016 (divi-
1203 
sion K of Public Law 114–113), which shall include 
funding level, account, program sector and subsector, 
and a brief summary of purpose. 
(3) REPORT ON PROGRAM CHANGES.—The Sec-
retary of State or the USAID Administrator, as ap-
propriate, shall report to the Committees on Appro-
priations within 30 days of a decision to signifi-
cantly change the objectives or the content of a democ-
racy program or to close such a program due to the 
increasingly repressive nature of the host country gov-
ernment: Provided, That the report shall also include 
a strategy for continuing support for democracy pro-
motion, if such programming is feasible, and may be 
submitted in classified form, if necessary. 
INTERNATIONAL RELIGIOUS FREEDOM 
SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREEDOM 
OFFICE
AND SPECIAL ENVOY
TO PROMOTE RELIGIOUS 
FREEDOM.— 
(1) Funds appropriated by this Act under the 
heading ‘‘Diplomatic and Consular Programs’’ shall 
be made available for the Office of International Reli-
gious Freedom, Bureau of Democracy, Human 
Rights, and Labor, Department of State, the Office of 
the Ambassador-at-Large for International Religious 
Freedom, and the Special Envoy to Promote Religious
1204 
Freedom of Religious Minorities in the Near East and 
South Central Asia, as authorized in the Near East 
and South Central Asia Religious Freedom Act of 
2014 (Public Law 113–161), including for support 
staff at not less than the amounts specified for such 
offices in the table under such heading in the explana-
tory statement described in section 4 (in the matter 
preceding division A of this Consolidated Act). 
(2) Funds appropriated under the heading ‘‘Dip-
lomatic and Consular Programs’’ and designated for 
the Office of International Religious Freedom shall be 
made available for the development and implementa-
tion of an international religious freedom curriculum 
in accordance with the criteria specified under such 
heading in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this 
Consolidated Act). 
(b) ASSISTANCE.— 
(1) INTERNATIONAL RELIGIOUS FREEDOM PRO-
GRAMS.—Of the funds appropriated by this Act under 
the heading ‘‘Democracy Fund’’ and available for the 
Human Rights and Democracy Fund (HRDF), not 
less than $10,000,000 shall be made available for 
international religious freedom programs: Provided, 
That the Ambassador-at-Large for International Reli-
1205 
gious Freedom shall consult with the Committees on 
Appropriations on the uses of such funds. 
(2) PROTECTION
AND
INVESTIGATION
PRO-
GRAMS.—Of the funds appropriated by this Act under 
the heading ‘‘Economic Support Fund’’, not less than 
$10,000,000 shall be made available for programs to 
protect vulnerable and persecuted religious minorities: 
Provided, That a portion of such funds shall be made 
available for programs to investigate the persecution 
of such minorities by governments and non-state ac-
tors and for the public dissemination of information 
collected on such persecution, including on the De-
partment of State Web site. 
(3) HUMANITARIAN PROGRAMS.—Funds appro-
priated by this Act under the headings ‘‘International 
Disaster Assistance’’ and ‘‘Migration and Refugee As-
sistance’’ shall be made available for humanitarian 
assistance for vulnerable and persecuted religious mi-
norities, including victims of genocide designated by 
the Secretary of State and other groups that have suf-
fered crimes against humanity and ethnic cleansing, 
to— 
(A) accelerate the implementation of an im-
mediate, coordinated, and sustained response to 
provide humanitarian assistance;
1206 
(B) enhance protection of conflict victims, 
including those facing a dire humanitarian cri-
sis and severe persecution because of their faith 
or ethnicity; and 
(C) improve access to secure locations for 
obtaining humanitarian and resettlement serv-
ices. 
(4) TRANSITIONAL
JUSTICE, RECONCILIATION, 
AND REINTEGRATION PROGRAMS IN THE MIDDLE EAST 
AND NORTH AFRICA REGIONS.— 
(A) Not later than 90 days after enactment 
of this Act and after consultation with relevant 
central governments in the Middle East and 
North Africa regions, the Secretary of State shall 
submit to the Committees on Appropriations a 
plan for transitional justice, reconciliation, and 
reintegration programs for vulnerable and per-
secuted religious minorities in such regions: Pro-
vided, That such plan shall include a description 
of actions to be taken by such governments to 
safeguard and promote the political and eco-
nomic rights of such minorities, including the re-
turn, rehabilitation, and protection of property 
in areas of conflict.
1207 
(B) Of the funds appropriated by this Act 
under the heading ‘‘Economic Support Fund’’ 
that are made available for assistance for Iraq 
and Syria, not less than $5,000,000 shall be 
made available to support the implementation of 
the plan required by subparagraph (A): Pro-
vided, That such funds shall be matched, to the 
maximum extent practicable, from sources other 
than the United States Government. 
(5) RESPONSIBILITY
OF
FUNDS.—Funds made 
available by paragraphs (1), (2), and (4) shall be the 
responsibility of the Ambassador-at-Large for Inter-
national Religious Freedom, in consultation with 
other relevant United States Government officials. 
(c) INTERNATIONAL BROADCASTING.—Funds appro-
priated by this Act under the heading ‘‘Broadcasting Board 
of Governors, International Broadcasting Operations’’ shall 
be made available for programs related to international re-
ligious freedom, including reporting on the condition of vul-
nerable and persecuted religious groups. 
(d) ATROCITIES PREVENTION.—Funds appropriated 
by this Act under the headings ‘‘Economic Support Fund’’ 
and ‘‘International Narcotics Control and Law Enforce-
ment’’ shall be made available for programs to prevent 
atrocities and to implement the recommendations of the
1208 
Atrocities Prevention Board, including with respect to the 
evaluation required by section 7033(d) of the Department 
of State, Foreign Operations, and Related Programs Appro-
priations Act, 2016 (division K of Public Law 114–113): 
Provided, That the Under Secretary for Civilian Security, 
Democracy, and Human Rights, Department of State, shall 
be responsible for providing the strategic policy direction 
for, and policy oversight of, funds made available pursuant 
to this subsection to the Bureaus of International Narcotics 
Control and Law Enforcement and Democracy, Human 
Rights, and Labor, Department of State: Provided further, 
That such funds shall be subject to the regular notification 
procedures of the Committees on Appropriations. 
(e) DESIGNATION OF NON-STATE ACTORS.—The Presi-
dent shall, concurrent with the annual foreign country re-
view required by section 402(b)(1) of the International Reli-
gious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)), review 
and identify any non-state actors in such countries that 
have engaged in particularly severe violations of religious 
freedom, and designate, in a manner consistent with such 
Act, each such group as a non-state actor of particular con-
cern for religious freedom operating in such reviewed coun-
try or surrounding region: Provided, That whenever the 
President designates such a non-state actor under this sub-
section, the President shall, as soon as practicable after the
1209 
designation is made, submit a report to the appropriate 
congressional committees detailing the reasons for such des-
ignation. 
(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 
SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHIL-
DREN, 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 appro-
priated 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 ex-
pression, association, or assembly in countries under-
going democratic transition.
1210 
(3) DISARMAMENT, DEMOBILIZATION, AND
RE-
INTEGRATION.—Section 7034(d) of the Department of 
State, Foreign Operations, and Related Programs Ap-
propriations Act, 2015 (division J of Public Law 
113–235) shall continue in effect during fiscal year 
2017. 
(4) FORENSIC ASSISTANCE.— 
(A) Of the funds appropriated by this Act 
under the heading ‘‘Economic Support Fund’’, 
not less than $6,500,000 shall be made available 
for forensic anthropology assistance related to the 
exhumation of mass graves and the identification 
of victims of war crimes, genocide, and crimes 
against humanity, including in Iraq, Guate-
mala, Colombia, El Salvador, Syria, and Sri 
Lanka, which shall be administered by the As-
sistant Secretary for Democracy, Human Rights, 
and Labor, Department of State. 
(B) Of the funds appropriated by this Act 
under the heading ‘‘International Narcotics Con-
trol and Law Enforcement’’, not less than 
$6,000,000 shall be made available for DNA fo-
rensic technology programs to combat human 
trafficking in Central America and Mexico.
1211 
(5) INTERNATIONAL PRISON CONDITIONS.—Sec-
tion 7065 of the Department of State, Foreign Oper-
ations, and Related Programs Appropriations Act, 
2015 (division J of Public Law 113–235) shall con-
tinue in effect during fiscal year 2017. 
(6) RECONSTITUTING CIVILIAN POLICE AUTHOR-
ITY.—In providing assistance with funds appro-
priated 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 Sec-
retary of State shall submit to the Committees on Ap-
propriations a report on funds obligated and ex-
pended during fiscal year 2016, by country and pur-
pose of assistance, under the headings ‘‘Peacekeeping 
Operations’’, ‘‘International Military Education and 
Training’’, and ‘‘Foreign Military Financing Pro-
gram’’. 
(8) FOREIGN
MILITARY
SALES
AND
FOREIGN 
MILITARY FINANCING PROGRAM.—
1212 
(A) AVAILABILITY.—Funds appropriated by 
this Act under the heading ‘‘Foreign Military 
Financing Program’’ for the general costs of ad-
ministering military assistance and sales shall 
be made available to increase the efficiency and 
effectiveness of programs authorized by Chapter 
2 of the Arms Export Control Act: Provided, 
That prior to the obligation of funds for such 
purposes, the Secretary of State shall consult 
with the Committees on Appropriations. 
(B) REVIEW AND REPORT.—The Secretary 
of State, in coordination with the Secretary of 
Defense, shall review the resources, personnel, 
and practices of the Departments of State and 
Defense that are associated with administering 
military assistance and sales programs and, not 
later than 120 days after enactment of this Act, 
submit to the appropriate congressional commit-
tees a report on steps taken or planned to be 
taken to increase the efficiency and effectiveness 
of such programs. 
(C) QUARTERLY
STATUS
REPORT.—Fol-
lowing the submission of the quarterly report re-
quired by section 36 of Public Law 90–629 (22 
U.S.C. 2776), the Secretary of State, in coordi-
1213 
nation with the Secretary of Defense, shall sub-
mit to the Committees on Appropriations a sta-
tus report that contains the information de-
scribed under this heading in the explanatory 
statement described in section 4 (in the matter 
preceding division A of this Consolidated Act). 
(D) FOREIGN
MILITARY
FINANCING
PRO-
GRAM LOANS.—Not later than 60 days after en-
actment of this Act, the Secretary of State, in co-
ordination with the Secretary of Defense, shall 
submit to the Committees on Appropriations a 
report 
assessing 
the 
potential 
impact 
of 
transitioning assistance made available by this 
Act under the heading ‘‘Foreign Military Fi-
nancing Program’’ from grants to loans, includ-
ing the budgetary and diplomatic impacts, and 
the extent to which such transition would affect 
the foreign policy interest of the United States: 
Provided, That such report shall also include an 
assessment of the impact of proposals included in 
the fiscal year 2018 congressional budget jus-
tification that would transition such assistance 
from grants to loans. 
(9) VETTING REPORT.—
1214 
(A) Not later than 90 days after enactment 
of this Act, the Secretary of State shall submit 
a report to the appropriate congressional com-
mittees on foreign assistance cases submitted for 
vetting for purposes of section 620M of the For-
eign 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 govern-
ment 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) The report required by this paragraph 
shall be submitted in unclassified form, but may 
be accompanied by a classified annex. 
(10) ANNUAL FOREIGN MILITARY TRAINING RE-
PORT.—For the purposes of implementing section 656 
of the Foreign Assistance Act of 1961, the term ‘‘mili-
tary training provided to foreign military personnel 
by the Department of Defense and the Department of
1215 
State’’ shall be deemed to include all military train-
ing provided by foreign governments with funds ap-
propriated to the Department of Defense or the De-
partment of State, except for training provided by the 
government of a country designated by section 517(b) 
of such Act as a major non-NATO ally. 
(11) PROLIFERATION
SECURITY
INITIATIVE.— 
Funds appropriated by this Act under the heading 
‘‘Nonproliferation, Anti-terrorism, Demining and Re-
lated Programs’’ shall be made available for programs 
to increase international participation in the Pro-
liferation Security Initiative (PSI) and endorsement 
of the PSI Statement of Interdiction Principles: Pro-
vided, That not later than 45 days after enactment of 
this Act, the Secretary of State shall submit a report 
to the Committees on Appropriations detailing steps 
to be taken to implement the requirements of this 
paragraph. 
(12) AUTHORITY
TO
COUNTER
EXTREMISM.— 
Funds made available by this Act under the heading 
‘‘Economic Support Fund’’ to counter extremism may 
be made available notwithstanding any other provi-
sion of law restricting assistance to foreign countries, 
except sections 502B and 620A of the Foreign Assist-
ance Act of 1961: Provided, That the Secretary of
1216 
State, or the USAID Administrator, as appropriate, 
shall consult with the Committees on Appropriations 
prior to exercising the authority of this paragraph. 
(c) WORLD FOOD PROGRAMME.—Funds managed by 
the Bureau for Democracy, Conflict, and Humanitarian 
Assistance, United States Agency for International Develop-
ment, 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. 
(d) DIRECTIVES AND AUTHORITIES.— 
(1) RESEARCH
AND
TRAINING.—Funds appro-
priated by this Act under the heading ‘‘Assistance for 
Europe, Eurasia and Central Asia’’ shall be made 
available to carry out the Program for Research and 
Training on Eastern Europe and the Independent 
States of the Former Soviet Union as authorized by 
the Soviet-Eastern European Research and Training 
Act of 1983 (22 U.S.C. 4501 et seq.). 
(2) GENOCIDE
VICTIMS
MEMORIAL
SITES
AND 
TRIBUNALS.— 
(A) Funds appropriated by this Act and 
prior Acts making appropriations for the De-
partment of State, foreign operations, and re-
lated programs under the headings ‘‘Economic 
Support Fund’’ and ‘‘Assistance for Europe,
1217 
Eurasia and Central Asia’’ may be made avail-
able as contributions to establish and maintain 
memorial sites of genocide, subject to the regular 
notification procedures of the Committees on Ap-
propriations. 
(B) Of the funds appropriated by this Act 
under the heading ‘‘Economic Support Fund’’, 
not less than $3,500,000 shall be made available, 
on a competitive basis, for reimbursement of 
costs related to research and documentation in 
support of the activities of international tribu-
nals established to try cases of war crimes, geno-
cide, and crimes against humanity. 
(3) ADDITIONAL AUTHORITIES.—Of the amounts 
made available by title I of this Act under the head-
ing ‘‘Diplomatic and Consular Programs’’, up to 
$500,000 may be made available for grants pursuant 
to section 504 of Public Law 95–426 (22 U.S.C. 
2656d), including to facilitate collaboration with in-
digenous communities, and up to $1,000,000 may be 
made available for grants to carry out the activities 
of the Cultural Antiquities Task Force. 
(4) AUTHORITY.—The USAID Administrator 
may use funds appropriated by this Act under title 
III to make innovation incentive awards: Provided,
1218 
That each individual award may not exceed 
$100,000: Provided further, That no more than 10 
such awards may be made during fiscal year 2017: 
Provided further, That for purposes of this paragraph 
the term ‘‘innovation incentive award’’ means the 
provision of funding on a competitive basis that— 
(A) encourages and rewards the develop-
ment 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 par-
ties. 
(e) PARTNER VETTING.— 
(1) In lieu of the requirements in the second and 
third provisos of section 7034(e) of the Department of 
State, Foreign Operations, and Related Programs Ap-
propriations Act, 2016 (division K of Public Law 
114–113), not later than 60 days after enactment of 
this Act, the Secretary of State and the USAID Ad-
ministrator shall jointly submit a report to the Com-
mittees on Appropriations, in classified form if nec-
essary, detailing the findings, conclusions, and rec-
ommendations of the evaluation of the Partner Vet-
ting System pilot program and recommendations for
1219 
any new partner vetting program: Provided, That 
prior to the submission of the report, the Secretary 
and Administrator shall jointly consult with the 
Committees on Appropriations, and also consult with 
representatives of implementing organizations, on 
such findings, conclusions, and recommendations. 
(2) The Secretary of State and USAID Adminis-
trator may initiate a partner vetting program to 
mitigate the risk of diversion of foreign assistance, or 
make significant modifications to any existing part-
ner vetting program, only following consultation with 
the Committees on Appropriations: Provided, That 
the Secretary and Administrator should provide a di-
rect vetting option for prime awardees in any partner 
vetting program initiated after the date of the enact-
ment of this Act. 
(f) CONTINGENCIES.—During fiscal year 2017, the 
President may use up to $125,000,000 under the authority 
of section 451 of the Foreign Assistance Act of 1961, not-
withstanding any other provision of law. 
(g) INTERNATIONAL CHILD ABDUCTIONS.—The Sec-
retary 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 com-
ply with the Convention on the Civil Aspects of Inter-
1220 
national Child Abductions, done at the Hague on October 
25, 1980: Provided, That the Secretary shall report to the 
Committees on Appropriations within 15 days of with-
holding funds under this subsection. 
(h) CULTURAL PRESERVATION PROJECT DETERMINA-
TION.—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 Adminis-
trator, as appropriate, determines and reports to the Com-
mittees 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 exer-
cise of religion, and that the project is in the national inter-
est of the United States. 
(i) TRANSFER OF FUNDS FOR EXTRAORDINARY PRO-
TECTION.—The Secretary of State may transfer to, and 
merge with, funds under the heading ‘‘Protection of Foreign 
Missions and Officials’’ unobligated balances of expired 
funds appropriated under the heading ‘‘Diplomatic and 
Consular Programs’’ for fiscal year 2017, except for funds 
designated 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, at no later than the end of the fifth fiscal year 
after the last fiscal year for which such funds are available
1221 
for the purposes for which appropriated: Provided, That not 
more than $50,000,000 may be transferred. 
(j) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF 
DIPLOMATIC MISSIONS
AND INTERNATIONAL ORGANIZA-
TIONS.—Section 7034(k) of the Department of State, For-
eign Operations, and Related Programs Appropriations 
Act, 2015 (division J of Public Law 113–235) shall con-
tinue in effect during fiscal year 2017. 
(k) 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)) 
shall be applied by substituting ‘‘September 30, 2017’’ 
for ‘‘September 30, 2010’’. 
(2) INCENTIVES FOR CRITICAL POSTS.—The au-
thority contained in section 1115(d) of the Supple-
mental Appropriations Act, 2009 (Public Law 111– 
32) shall remain in effect through September 30, 
2017. 
(3) USAID CIVIL
SERVICE
ANNUITANT
WAIV-
ER.—Section 625(j)(1) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by 
substituting ‘‘September 30, 2017’’ for ‘‘October 1, 
2010’’ in subparagraph (B). 
(4) OVERSEAS PAY COMPARABILITY AND LIMITA-
TION.—
1222 
(A) Subject to the limitation described in 
subparagraph (B), the authority provided by sec-
tion 1113 of the Supplemental Appropriations 
Act, 2009 (Public Law 111–32; 123 Stat. 1904) 
shall remain in effect through September 30, 
2017. 
(B) The authority described in subpara-
graph (A) may not be used to pay an eligible 
member of the Foreign Service (as defined in sec-
tion 1113(b) of the Supplemental Appropriations 
Act, 2009) a locality-based comparability pay-
ment (stated as a percentage) that exceeds two- 
thirds of the amount of the locality-based com-
parability payment (stated as a percentage) that 
would be payable to such member under section 
5304 of title 5, United States Code, if such mem-
ber’s official duty station were in the District of 
Columbia. 
(5) CATEGORICAL
ELIGIBILITY.—The Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101–167) is 
amended— 
(A) in section 599D (8 U.S.C. 1157 note)—
1223 
(i) in subsection (b)(3), by striking 
‘‘and 2016’’ and inserting ‘‘2016, and 
2017’’; and 
(ii) in subsection (e), by striking 
‘‘2016’’ each place it appears and inserting 
‘‘2017’’; and 
(B) in section 599E (8 U.S.C. 1255 note) in 
subsection (b)(2), by striking ‘‘2016’’ and insert-
ing ‘‘2017’’. 
(6) INSPECTOR GENERAL ANNUITANT WAIVER.— 
The authorities provided in section 1015(b) of the 
Supplemental Appropriations Act, 2010 (Public Law 
111–212) shall remain in effect through September 
30, 2017. 
(7) EXTENSION OF WAR RESERVES STOCKPILE 
AUTHORITY.— 
(A) Section 12001(d) of the Department of 
Defense Appropriations Act, 2005 (Public Law 
108–287; 118 Stat. 1011) is amended by striking 
‘‘2017’’ and inserting ‘‘2018’’. 
(B) Section 514(b)(2)(A) of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) 
is amended by striking ‘‘and 2017’’ and insert-
ing ‘‘2017, and 2018’’.
1224 
(8) MODIFICATION OF LIFE INSURANCE SUPPLE-
MENT.—Section 415(a)(1) of the Foreign Service Act 
of 1980 (22 U.S.C. 3975(a)(1)) is amended by add-
ing—‘‘The group life insurance supplement employee 
benefit paid or scheduled to be paid pursuant to this 
section should not be used to reduce any other pay-
ment to which a recipient is otherwise eligible under 
Federal law.’’. 
(l) DEPARTMENT OF STATE AND THE UNITED STATES 
AGENCY
FOR INTERNATIONAL DEVELOPMENT.—Prior to 
implementing any reorganization of the Department of 
State or the United States Agency for International Devel-
opment, including any action taken pursuant to the March 
31, 2017 Executive Order 13781 on a Comprehensive Plan 
for Reorganizing the Executive Branch, the Secretary of 
State shall submit a report to the Committees on Appro-
priations on such reorganization: Provided, That such re-
port shall include a detailed justification and analysis con-
taining— 
(1) the impact on personnel, both foreign service 
and civil service; 
(2) the process used to identify the merger, clos-
ing or termination of any operating unit, including 
the process used to assess the impact of such action
1225 
on programs, projects, and activities funded by this 
Act; 
(3) the impact any such merger, closing or ter-
mination would have on the ability to conduct ade-
quate monitoring and oversight of foreign assistance 
programs; and 
(4) the national security interest served by each 
such merger, closing or termination, including a de-
termination that such merger, closing or termination 
will not expand the influence of any adversary or 
competitor of the United States, including foreign ter-
rorist organizations. 
(m) HUMANITARIAN
ASSISTANCE.—Funds appro-
priated by this Act that are available for monitoring and 
evaluation of assistance under the headings ‘‘International 
Disaster Assistance’’ and ‘‘Migration and Refugee Assist-
ance’’ shall, as appropriate, be made available for the reg-
ular collection of feedback obtained directly from bene-
ficiaries on the quality and relevance of such assistance: 
Provided, That the Department of State and USAID shall 
conduct regular oversight to ensure that such feedback is 
collected and used by implementing partners to maximize 
the cost-effectiveness and utility of such assistance, and re-
quire such partners that receive funds under such headings 
to establish procedures for collecting and responding to such
1226 
feedback and inform the Department of State or USAID, 
as appropriate, of such procedures. 
(n) HIV/AIDS WORKING CAPITAL FUND.—Funds 
available in the HIV/AIDS Working Capital Fund estab-
lished pursuant to section 525(b)(1) of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 2005 (Public Law 108–477) may be made 
available for pharmaceuticals and other products for child 
survival, malaria, and tuberculosis to the same extent as 
HIV/AIDS pharmaceuticals and other products, subject to 
the terms and conditions in such section: Provided, That 
the authority in section 525(b)(5) of the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priation Act, 2005 (Public Law 108–477) shall be exercised 
by the Assistant Administrator for Global Health, USAID, 
with respect to funds deposited for such non-HIV/AIDS 
pharmaceuticals and other products, and shall be subject 
to the regular notification procedures of the Committees on 
Appropriations: Provided further, That the Secretary of 
State shall include in the congressional budget justification 
an accounting of budgetary resources, disbursements, bal-
ances, and reimbursements related to such fund. 
(o) LOANS AND ENTERPRISE FUNDS.— 
(1) LOAN
GUARANTEES.—Funds appropriated 
under the headings ‘‘Economic Support Fund’’ and
1227 
‘‘Assistance for Europe, Eurasia and Central Asia’’ 
by this Act and prior Acts making appropriations for 
the Department of State, foreign operations, and re-
lated programs may be made available for the costs, 
as defined in section 502 of the Congressional Budget 
Act of 1974, of loan guarantees for Jordan, Ukraine, 
Iraq, Egypt, and Tunisia, which are authorized to be 
provided: Provided, That amounts made available 
under this paragraph for the costs of such guarantees 
shall not be considered assistance for the purposes of 
provisions of law limiting assistance to a country. 
(2) ENTERPRISE
FUNDS.—Funds appropriated 
under the heading ‘‘Economic Support Fund’’ in this 
Act may be made available to establish and operate 
one or more enterprise funds for Egypt and Tunisia: 
Provided, That the first, third and fifth provisos 
under section 7041(b) of the Department of State, 
Foreign Operations, and Related Programs Appro-
priations Act, 2012 (division I of Public Law 112– 
74) shall apply to funds appropriated by this Act 
under the heading ‘‘Economic Support Fund’’ for an 
enterprise fund or funds to the same extent and in the 
same manner as such provision of law applied to 
funds made available under such section (except that 
the clause excluding subsection (d)(3) of section 201
1228 
of the SEED Act shall not apply): Provided further, 
That in addition to the previous proviso, the authori-
ties in the matter preceding the first proviso of such 
section may apply to any such enterprise fund or 
funds: Provided further, That the authority of any 
such enterprise fund or funds to provide assistance 
shall cease to be effective on December 31, 2027. 
(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 Contin-
gency 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 Commit-
tees on Appropriations. 
(p) SMALL GRANTS AND ENTITIES.—
1229 
(1) Of the funds appropriated by this Act under 
the headings ‘‘Development Assistance’’, ‘‘Economic 
Support Fund’’, and ‘‘Assistance for Europe, Eurasia 
and Central Asia’’, not less than $47,000,000 shall be 
made available for the Small Grants Program pursu-
ant to section 7080 of the Department of State, For-
eign Operations, and Related Programs Appropria-
tions Act, 2015 (division J of Public Law 113–235), 
which may remain available until September 30, 
2021. 
(2) For the purposes of section 7080 of division 
J of Public Law 113–235, ‘‘eligible entities’’ shall be 
defined as small local, international, and United 
States-based nongovernmental organizations, edu-
cational institutions, and other small entities that 
have received less than a total of $5,000,000 from 
USAID over the previous 5 fiscal years: Provided, 
That departments or centers of such educational insti-
tutions may be considered individually in deter-
mining such eligibility. 
(q) EXCEPTION.—Notwithstanding section 201 of the 
Security Assistance Appropriations Act, 2017 (division B 
of Public Law 114–254), funds appropriated or otherwise 
made available by title II of such Act are in addition to 
amounts specifically designated by this Act or in the respec-
1230 
tive tables in the explanatory statement described in section 
4 (in the matter preceding division A of this Consolidated 
Act). 
(r) DEFINITIONS.— 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—Unless otherwise defined in this Act, for pur-
poses of this Act the term ‘‘appropriate congressional 
committees’’ means the Committees on Appropriations 
and Foreign Relations of the Senate and the Commit-
tees on Appropriations and Foreign Affairs of the 
House of Representatives. 
(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 re-
lated programs’’ means funds that remain available 
for obligation, and have not expired. 
(3) INTERNATIONAL FINANCIAL INSTITUTIONS.— 
In this Act ‘‘international financial institutions’’ 
means the International Bank for Reconstruction and 
Development, the International Development Associa-
tion, the International Finance Corporation, the 
Inter-American Development Bank, the International 
Monetary Fund, the Asian Development Bank, the
1231 
Asian Development Fund, the Inter-American Invest-
ment Corporation, the North American Development 
Bank, the European Bank for Reconstruction and De-
velopment, the African Development Bank, the Afri-
can Development Fund, and the Multilateral Invest-
ment Guarantee Agency. 
(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’’ 
means the United States Agency for International De-
velopment. 
(6) CLARIFICATION.—Unless otherwise provided 
for in this Act, for the purposes of this Act the terms 
‘‘under this heading’’, ‘‘under the heading’’, ‘‘under 
the headings’’, or similar phrases mean funds appro-
priated or otherwise made available under such head-
ing or headings in all titles of this Act: Provided, 
That the term ‘‘under the heading in this title’’ or 
similar phrases means funds appropriated or other-
wise made available only in such title.
1232 
(7) SPEND PLAN.—In this Act, the term ‘‘spend 
plan’’ means a plan for the uses of funds appro-
priated for a particular entity, country, program, 
purpose, or account and which shall include, at a 
minimum, a description of— 
(A) realistic and sustainable goals, and a 
timeline for achieving such goals; 
(B) amounts and sources of funds by ac-
count; 
(C) criteria for measuring progress in 
achieving such goals; 
(D) how such funds will complement other 
ongoing or planned programs; and 
(E) implementing partners, to the max-
imum extent practicable. 
ARAB LEAGUE BOYCOTT OF ISRAEL 
SEC. 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 com-
mercial 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 regret-
tably reinstated in 1997, should be immediately and
1233 
publicly terminated, and the Central Office for the 
Boycott of Israel immediately disbanded; 
(3) all Arab League states should normalize rela-
tions 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 dem-
onstrate that opposition by, for example, taking into 
consideration the participation of any recipient coun-
try in the boycott when determining to sell weapons 
to said country; and 
(5) the President should report to Congress an-
nually on specific steps being taken by the United 
States to encourage Arab League states to normalize 
their relations with Israel to bring about the termi-
nation 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 busi-
nesses that do comply. 
PALESTINIAN STATEHOOD 
SEC. 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
1234 
the Secretary of State determines and certifies to the appro-
priate 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 ef-
forts 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
1235 
measures including the establishment of demili-
tarized 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 inter-
national waterways in the area; and 
(E) a framework for achieving a just settle-
ment of the refugee problem. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the governing entity should enact a constitution assur-
ing 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 na-
tional 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’’).
1236 
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY 
SEC. 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 depart-
ment 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 pro-
vided for in the Israel-PLO Declaration of Principles: Pro-
vided, That this restriction shall not apply to the acquisi-
tion of additional space for the existing Consulate General 
in Jerusalem: Provided further, That meetings between offi-
cers and employees of the United States and officials of the 
Palestinian Authority, or any successor Palestinian gov-
erning entity provided for in the Israel-PLO Declaration 
of Principles, for the purpose of conducting official United 
States Government business with such authority should con-
tinue to take place in locations other than Jerusalem: Pro-
vided further, That as has been true in the past, officers 
and employees of the United States Government may con-
tinue to meet in Jerusalem on other subjects with Palestin-
ians (including those who now occupy positions in the Pal-
estinian Authority), have social contacts, and have inci-
dental discussions.
1237 
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN 
BROADCASTING CORPORATION 
SEC. 7038. None of the funds appropriated or other-
wise 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 
SEC. 7039. (a) OVERSIGHT.—For fiscal year 2017, 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 proce-
dures have been established to assure the Comptroller Gen-
eral 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’’ for the West 
Bank and Gaza. 
(b) VETTING.—Prior to the obligation of funds appro-
priated by this Act under the heading ‘‘Economic Support 
Fund’’ for assistance for the West Bank and Gaza, the Sec-
retary of State shall take all appropriate steps to ensure 
that such assistance is not provided to or through any indi-
vidual, private or government entity, or educational insti-
tution that the Secretary knows or has reason to believe ad-
1238 
vocates, plans, sponsors, engages in, or has engaged in, ter-
rorist activity nor, with respect to private entities or edu-
cational institutions, those that have as a principal officer 
of the entity’s governing board or governing board of trust-
ees any individual that has been determined to be involved 
in, or advocating terrorist activity or determined to be a 
member of a designated foreign terrorist organization: Pro-
vided, That the Secretary of State shall, as appropriate, es-
tablish procedures specifying the steps to be taken in car-
rying out this subsection and shall terminate assistance to 
any individual, entity, or educational institution which the 
Secretary has determined to be involved in or advocating 
terrorist activity. 
(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 indi-
viduals who commit, or have committed acts of ter-
rorism. 
(2) SECURITY ASSISTANCE AND REPORTING RE-
QUIREMENT.—Notwithstanding any other provision of 
law, none of the funds made available by this or prior 
appropriations Acts, including funds made available
1239 
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 es-
tablished 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 Gen-
eral of the United States Agency for International De-
velopment for audits, inspections, and other activities 
in furtherance of the requirements of this subsection: 
Provided, That such funds are in addition to funds 
otherwise available for such purposes. 
(e) COMPTROLLER GENERAL OF THE UNITED STATES 
AUDIT.—Subsequent to the certification specified in sub-
1240 
section (a), the Comptroller General of the United States 
shall conduct an audit and an investigation of the treat-
ment, 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 2017 under the head-
ing ‘‘Economic Support Fund’’, and such audit shall ad-
dress— 
(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, in-
cluding both obligations and expenditures. 
(f) NOTIFICATION PROCEDURES.—Funds made avail-
able 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 con-
tained in section 2106 of chapter 2 of title II of the Emer-
gency Supplemental Appropriations Act for Defense, the 
Global War on Terror, and Tsunami Relief, 2005 (Public 
Law 109–13).
1241 
LIMITATION ON ASSISTANCE FOR THE PALESTINIAN 
AUTHORITY 
SEC. 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 Appro-
priations that waiving such prohibition is important to the 
national security interest of the United States. 
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiv-
er 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 pursu-
ant 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, 
That the report shall also detail the steps the Palestinian
1242 
Authority has taken to arrest terrorists, confiscate weapons 
and dismantle the terrorist infrastructure. 
(e) CERTIFICATION.—If the President exercises the 
waiver authority under subsection (b), the Secretary of 
State must certify and report to the Committees on Appro-
priations prior to the obligation of funds that the Pales-
tinian Authority has established a single treasury account 
for all Palestinian Authority financing and all financing 
mechanisms flow through this account, no parallel financ-
ing 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, co-
existence, and security cooperation with Israel. 
(f) PROHIBITION TO HAMAS AND THE PALESTINE LIB-
ERATION 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 agree-
1243 
ment 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 gov-
ernment, including all of its ministers or such equiva-
lent, 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 amend-
ed. 
(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) with respect to this sub-
section. 
(4) Whenever the certification pursuant to para-
graph (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, That the report shall
1244 
also detail the amount, purposes and delivery mecha-
nisms for any assistance provided pursuant to the 
abovementioned certification and a full accounting of 
any direct support of such government. 
(5) None of the funds appropriated under titles 
III through VI of this Act may be obligated for assist-
ance for the Palestine Liberation Organization. 
MIDDLE EAST AND NORTH AFRICA 
SEC. 7041. (a) EGYPT.— 
(1) CERTIFICATION AND REPORT.—Funds appro-
priated 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 gov-
ernment 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.—
1245 
(A) FUNDING.—Of the funds appropriated 
by this Act under the heading ‘‘Economic Sup-
port Fund’’, up to $112,500,000 may be made 
available for assistance for Egypt, of which not 
less than $35,000,000 should be made available 
for higher education programs including not less 
than $10,000,000 for scholarships for Egyptian 
students with high financial need to attend not- 
for-profit institutions of higher education: Pro-
vided, That such funds may be made available 
for democracy programs and for development 
programs in the Sinai: Provided further, That 
such funds may not be made available for cash 
transfer assistance or budget support unless the 
Secretary of State certifies and reports to the ap-
propriate congressional committees that the Gov-
ernment of Egypt is taking consistent and effec-
tive steps to stabilize the economy and imple-
ment market-based economic reforms. 
(B) WITHHOLDING.—The Secretary of State 
shall withhold from obligation funds appro-
priated by this Act under the heading ‘‘Eco-
nomic Support Fund’’ for assistance for Egypt, 
an amount of such funds that the Secretary de-
termines to be equivalent to that expended by the
1246 
United States Government for bail, and by non-
governmental organizations for legal and court 
fees, associated with democracy-related trials in 
Egypt until the Secretary certifies and reports to 
the Committees on Appropriations that the Gov-
ernment of Egypt has dismissed the convictions 
issued by the Cairo Criminal Court on June 4, 
2013, in ‘‘Public Prosecution Case No. 1110 for 
the Year 2012’’. 
(3) FOREIGN MILITARY FINANCING PROGRAM.— 
(A) CERTIFICATION.—Of the funds appro-
priated by this Act under the heading ‘‘Foreign 
Military Financing Program’’, $1,300,000,000, 
to remain available until September 30, 2018, 
may be made available for assistance for Egypt: 
Provided, That 15 percent of such funds shall be 
withheld from obligation until the Secretary of 
State certifies and reports to the Committees on 
Appropriations that the Government of Egypt is 
taking effective steps to— 
(i) advance democracy and human 
rights in Egypt, including to govern demo-
cratically and protect religious minorities 
and the rights of women, which are in addi-
1247 
tion to steps taken during the previous cal-
endar year for such purposes; 
(ii) implement reforms that protect 
freedoms of expression, association, and 
peaceful assembly, including the ability of 
civil society organizations and the media to 
function without interference; 
(iii) release political prisoners and 
provide detainees with due process of law; 
(iv) hold Egyptian security forces ac-
countable, including officers credibly alleged 
to have violated human rights; and 
(v) provide regular access for United 
States officials to monitor such assistance 
in areas where the assistance is used: 
Provided further, That such funds may be trans-
ferred to an interest bearing account in the Fed-
eral Reserve Bank of New York, following con-
sultation with the Committees on Appropria-
tions: Provided further, That the certification re-
quirement of this paragraph shall not apply to 
funds appropriated by this Act under such head-
ing for counterterrorism, border security, and 
nonproliferation programs for Egypt.
1248 
(B) WAIVER.—The Secretary of State may 
waive the certification requirement in subpara-
graph (A) if the Secretary determines and re-
ports to the Committees on Appropriations that 
to do so is important to the national security in-
terest of the United States, and submits a report 
to such Committees containing a detailed jus-
tification for the use of such waiver and the rea-
sons why any of the requirements of subpara-
graph (A) cannot be met. 
(4) OVERSIGHT
AND
CONSULTATION
REQUIRE-
MENTS.— 
(A) 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 as-
sistance for Egypt. 
(B) Not later than 90 days after enactment 
of this Act, the Secretary shall submit a report 
to the Committees on Appropriations on any 
plan to restructure military assistance for 
Egypt, which should include an assessment of the 
potential benefits of such restructuring on the ca-
pabilities of the Egyptian military, and a de-
1249 
scription of any planned modifications regard-
ing the procurement of military equipment. 
(b) IRAN.— 
(1) FUNDING.—Funds appropriated by this Act 
under the headings ‘‘Diplomatic and Consular Pro-
grams’’, ‘‘Economic Support Fund’’, and ‘‘Non-
proliferation, Anti-terrorism, Demining and Related 
Programs’’ shall be used by the Secretary of State— 
(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 Reso-
lution 2231; 
(C) to support the implementation and en-
forcement 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 con-
sultation with the Assistant Secretary for De-
mocracy, Human Rights, and Labor, Depart-
ment of State.
1250 
(2) CONTINUATION OF PROHIBITION.—The terms 
and conditions of paragraph (2) of section 7041(c) in 
division I of Public Law 112–74 shall continue in ef-
fect during fiscal year 2017. 
(3) REPORTS.— 
(A) The Secretary of State shall submit to 
the Committees on Appropriations the semi-an-
nual report required by section 2 of the Iran Nu-
clear Agreement Review Act of 2015 (42 U.S.C. 
2160e(d)(4)). 
(B) Not later than 180 days after the date 
of enactment of this Act, the Secretary of State, 
in consultation with the Secretary of the Treas-
ury, shall submit to the appropriate congres-
sional 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, That the re-
port shall also include any entities involved in 
providing significant support for the develop-
ment of a ballistic missile by the Government of 
Iran after October 1, 2015, including shipping 
and financing, and note whether such entities
1251 
are currently under United States sanctions: 
Provided further, That such report shall be sub-
mitted in an unclassified form, but may contain 
a classified annex if necessary. 
(C) The Secretary of State, in consultation 
with the Secretary of the Treasury, shall submit 
to the appropriate congressional committees the 
report 
on 
Iran 
contained 
in 
section 
7041(b)(3)(C) of S. 3117, the Department of 
State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2017 (as introduced 
in the Senate on June 29, 2016), in the manner 
described. 
(c) IRAQ.— 
(1) PURPOSES.—Funds appropriated by this Act 
shall be made available for assistance for Iraq to pro-
mote 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. 
(2) 
EXPLOSIVE
ORDNANCE
DISPOSAL
PRO-
GRAMS.—Funds appropriated by this Act under the 
heading ‘‘Nonproliferation, Anti-terrorism, Demining 
and Related Programs’’ shall be made available for
1252 
explosive ordnance disposal programs in areas liber-
ated from extremist organizations in Iraq. 
(3) KURDISTAN REGIONAL GOVERNMENT.— 
(A) Funds appropriated by this Act under 
the headings ‘‘International Narcotics Control 
and Law Enforcement’’ and ‘‘Foreign Military 
Financing Program’’ that are available for as-
sistance for Iraq shall be made available to en-
hance the capacity of Kurdistan Regional Gov-
ernment security services and for security pro-
grams in the Kurdistan Region of Iraq to ad-
dress requirements arising from the violence in 
Syria and Iraq: Provided, That the Secretary of 
State shall consult with the Committees on Ap-
propriations prior to obligating such funds. 
(B) Funds appropriated by this Act under 
the headings ‘‘International Disaster Assistance’’ 
and ‘‘Migration and Refugee Assistance’’ should 
be made available for assistance for the 
Kurdistan Region of Iraq to address the needs of 
internally displaced persons (IDPs) and refugees: 
Provided, That funds appropriated by this Act 
under the heading ‘‘Economic Support Fund’’ 
shall be made available for programs to mitigate 
the impact of such IDPs and refugees in such
1253 
Region, including for assistance for communities 
hosting such persons. 
(4) 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 agree-
ment between the United States and Iraq. 
(d) ISRAEL.—Title II of the Security Assistance Ap-
propriations Act, 2017 (division B of Public Law 114–254), 
under the heading ‘‘Foreign Military Financing Program’’, 
is amended by inserting after ‘‘Middle East’’ and before the 
colon the following, ‘‘, of which $75,000,000 shall be made 
available for grants only for Israel in fiscal year 2017’’: 
Provided, That amounts 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 Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of such Act. 
(e) JORDAN.— 
(1) FUNDING
LEVELS.—Of the funds appro-
priated by this Act under titles III and IV, not less 
than $1,279,950,000 shall be made available for as-
sistance for Jordan, of which not less than
1254 
$475,000,000 shall be for budget support for the Gov-
ernment of Jordan. 
(2) RESPONSE TO THE SYRIAN CRISIS.—Funds 
appropriated by this Act shall be made available for 
programs to implement the Jordan Compact Action 
Plan and the Jordan Response Plan for the Syria 
Crisis 2016–2018, including assistance for host com-
munities in Jordan. 
(f) LEBANON.— 
(1) LIMITATION.—None of the funds appro-
priated by this Act may be made available for the 
Lebanese Internal Security Forces (ISF) or the Leba-
nese Armed Forces (LAF) if the ISF or the LAF is 
controlled by a foreign terrorist organization, as des-
ignated pursuant to section 219 of the Immigration 
and Nationality Act (8 U.S.C. 1189). 
(2) CONSULTATION REQUIREMENT.—Funds ap-
propriated by this Act under the headings ‘‘Inter-
national Narcotics Control and Law Enforcement’’ 
and ‘‘Foreign Military Financing Program’’ that are 
available for assistance for Lebanon may be made 
available for programs and equipment for the ISF 
and the LAF to address security and stability re-
quirements in areas affected by the conflict in Syria,
1255 
following consultation with the appropriate congres-
sional committees. 
(3) ECONOMIC SUPPORT FUND.—Funds appro-
priated by this Act under the heading ‘‘Economic 
Support Fund’’ that are available for assistance for 
Lebanon may be made available notwithstanding sec-
tion 1224 of the Foreign Relations Authorization Act, 
Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 
2346 note). 
(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’’ for assistance 
for Lebanon may be made available only to profes-
sionalize the LAF and to strengthen border security 
and combat terrorism, including training and equip-
ping the LAF to secure Lebanon’s borders, inter-
dicting arms shipments, preventing the use of Leb-
anon as a safe haven for terrorist groups, and to im-
plement United Nations Security Council Resolution 
1701: Provided, That funds may not be obligated for 
assistance for the LAF until the Secretary of State 
submits to the Committees on Appropriations a spend 
plan, including actions to be taken to ensure equip-
ment provided to the LAF is only used for the in-
1256 
tended purposes, except such plan may not be consid-
ered as meeting the notification requirements under 
section 7015 of this Act or under section 634A of the 
Foreign Assistance Act of 1961, and shall be sub-
mitted not later than September 1, 2017: Provided 
further, That any notification submitted pursuant to 
such sections shall include any funds specifically in-
tended for lethal military equipment. 
(g) LIBYA.— 
(1) FUNDING.— 
(A) Funds appropriated by titles III and 
IV of this Act shall be made available for assist-
ance for Libya for programs to strengthen gov-
erning institutions and civil society, improve 
border security, and promote democracy and sta-
bility in Libya, and for activities to address the 
humanitarian needs of the people of Libya. 
(B) Funds appropriated by this Act under 
the heading ‘‘Nonproliferation, Anti-terrorism, 
Demining and Related Programs’’ shall be made 
available for explosive ordnance disposal pro-
grams in areas liberated from extremist organi-
zations in Libya. 
(C) The Secretary of State shall promptly 
inform the appropriate congressional committees
1257 
of each instance in which assistance provided 
pursuant to this subsection has been diverted or 
destroyed, to include the type and amount of as-
sistance, a description of the incident and par-
ties involved, and an explanation of the response 
of the Department of State. 
(2) LIMITATIONS.— 
(A) COOPERATION ON THE SEPTEMBER 2012 
ATTACK ON UNITED STATES PERSONNEL AND FA-
CILITIES.—None of the funds appropriated by 
this Act may be made available for assistance for 
the central Government of Libya unless the Sec-
retary of State certifies and reports to the Com-
mittees 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 per-
sonnel and facilities in Benghazi, Libya in Sep-
tember 2012: Provided, That the limitation in 
this paragraph shall not apply to funds made 
available for the purpose of protecting United 
States Government personnel or facilities. 
(B) INFRASTRUCTURE PROJECTS.—The lim-
itation on the uses of funds in section 7041(f)(2) 
of the Department of State, Foreign Operations,
1258 
and Related Programs Appropriations Act, 2014 
(division K of Public Law 113–76) shall apply 
to funds appropriated by this Act that are made 
available for assistance for Libya. 
(3) CERTIFICATION REQUIREMENT.—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 Appropria-
tions that all practicable steps have been taken to en-
sure that mechanisms are in place for monitoring, 
oversight, and control of funds made available by this 
subsection for assistance for Libya. 
(h) MOROCCO.— 
(1) AVAILABILITY AND CONSULTATION REQUIRE-
MENT.—Funds appropriated under title III of this 
Act shall be made available for assistance for the 
Western Sahara: Provided, That not later than 90 
days after enactment of this Act and prior to the obli-
gation of such funds, the Secretary of State, in con-
sultation with the USAID Administrator, shall con-
sult with the Committees on Appropriations on the 
proposed uses of such funds. 
(2) FOREIGN MILITARY FINANCING PROGRAM.— 
Funds appropriated by this Act under the heading 
‘‘Foreign Military Financing Program’’ that are
1259 
available for assistance for Morocco may only be used 
for the purposes requested in the Congressional Budg-
et Justification, Foreign Operations, Fiscal Year 
2017. 
(i) REFUGEE ASSISTANCE IN NORTH AFRICA.—Not 
later than 45 days after enactment of this Act, the Secretary 
of State, after consultation with the United Nations High 
Commissioner for Refugees and the Executive Director of 
the World Food Programme, shall submit a report to the 
Committees on Appropriations describing steps taken to 
strengthen monitoring of the delivery of humanitarian as-
sistance provided for refugees in North Africa, including 
any steps taken to ensure that all vulnerable refugees are 
receiving such assistance. 
(j) SYRIA.— 
(1) NON-LETHAL
ASSISTANCE.—Funds appro-
priated by this Act under the headings ‘‘Economic 
Support Fund’’, ‘‘International Narcotics Control and 
Law Enforcement’’, and ‘‘Peacekeeping Operations’’ 
shall be made available, to the extent practicable and 
notwithstanding any other provision of law, for non- 
lethal assistance for programs to address the needs of 
civilians affected by conflict in Syria, and for pro-
grams that seek to—
1260 
(A) establish 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 proc-
esses that are democratic, transparent, and 
strengthen the rule of law; 
(D) further the legitimacy and viability of 
the Syrian opposition through cross-border pro-
grams; 
(E) develop and sustain civil society and 
independent media in Syria; 
(F) promote stability and economic develop-
ment in Syria; 
(G) document, investigate, and prosecute 
human rights violations in Syria, including 
through transitional justice programs and sup-
port for nongovernmental organizations; 
(H) expand the role of women in negotia-
tions 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
1261 
complete higher education requirements at uni-
versities 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 iden-
tity of the people of Syria as a counterbalance 
to extremism, particularly those living in neigh-
boring countries and among youth; 
(L) protect and preserve cultural heritage 
sites in Syria, particularly those damaged and 
destroyed by extremists; and 
(M) counter extremism in Syria. 
(2) 
EXPLOSIVE
ORDNANCE
DISPOSAL
PRO-
GRAMS.—Funds appropriated by this Act under the 
heading ‘‘Nonproliferation, Anti-terrorism, Demining 
and Related Programs’’ shall be made available for 
explosive ordnance disposal programs in areas liber-
ated from extremist organizations in Syria. 
(3) SYRIAN
ORGANIZATIONS.—Funds appro-
priated by this Act that are made available for assist-
ance for Syria pursuant to the authority of this sub-
section shall be made available, on an open and com-
petitive basis, to continue a program to strengthen the 
capability of Syrian civil society organizations to ad-
1262 
dress the immediate and long-term needs of the Syr-
ian people inside Syria in a manner that supports 
the sustainability of such organizations in imple-
menting 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): Pro-
vided, That funds made available by this paragraph 
shall be the responsibility of the Assistant Secretary 
for Democracy, Human Rights, and Labor, Depart-
ment of State. 
(4) STRATEGY UPDATE.—Funds appropriated by 
this Act that are made available for assistance for 
Syria pursuant to the authority of this subsection 
may only be made available after the Secretary of 
State, in consultation with the heads of relevant 
United States Government agencies, submits, in clas-
sified form if necessary, an update to the comprehen-
sive strategy required in section 7041(i)(3) of Public 
Law 113–76. 
(5) MONITORING AND OVERSIGHT.—Prior to the 
obligation of funds appropriated by this Act and 
made available for assistance for Syria, the Secretary 
of State shall take all practicable steps to ensure that
1263 
mechanisms are in place for monitoring, oversight, 
and control of such assistance inside Syria: Provided, 
That the Secretary shall promptly inform the appro-
priate congressional committees of each instance in 
which assistance provided pursuant to this subsection 
has been diverted or destroyed, to include the type 
and amount of assistance, a description of the inci-
dent and parties involved, and an explanation of the 
response of the Department of State. 
(6) CONSULTATION AND NOTIFICATION.—Funds 
made available pursuant to this subsection may only 
be made available following consultation with the ap-
propriate congressional committees, and shall be sub-
ject to the regular notification procedures of the Com-
mittees on Appropriations. 
(k) 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. 
(l) WEST BANK AND GAZA.— 
(1) REPORT ON ASSISTANCE.—Prior to the ini-
tial obligation of funds made available by this Act 
under the heading ‘‘Economic Support Fund’’ for as-
sistance for the West Bank and Gaza, the Secretary 
of State shall report to the Committees on Appropria-
tions that the purpose of such assistance is to—
1264 
(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’’ in this 
Act may be made available for assistance for the 
Palestinian Authority, if after the date of enact-
ment of this Act— 
(I) the Palestinians obtain the same 
standing as member states or full member-
ship 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 Inter-
national Criminal Court (ICC) judicially 
authorized investigation, or actively support 
such an investigation, that subjects Israeli 
nationals to an investigation for alleged 
crimes against Palestinians.
1265 
(ii) The Secretary of State may waive the 
restriction in clause (i) of this subparagraph re-
sulting from the application of subclause (I) of 
such clause if the Secretary certifies to the Com-
mittees on Appropriations that to do so is in the 
national security interest of the United States, 
and submits a report to such Committees detail-
ing how the waiver and the continuation of as-
sistance would assist in furthering Middle East 
peace. 
(B)(i) The President may waive the provi-
sions of section 1003 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 
(Public Law 100–204) if the President deter-
mines and certifies in writing to the Speaker of 
the House of Representatives, the President pro 
tempore of the Senate, and the appropriate con-
gressional committees that the Palestinians have 
not, after the date of enactment of this Act— 
(I) obtained in the United Nations or 
any specialized agency thereof the same 
standing as member states or full member-
ship as a state outside an agreement nego-
tiated between Israel and the Palestinians; 
and
1266 
(II) taken any action with respect to 
the ICC that is intended to influence a de-
termination by the ICC to initiate a judi-
cially authorized investigation, or to ac-
tively support such an investigation, that 
subjects Israeli nationals to an investigation 
for alleged crimes against Palestinians. 
(ii) Not less than 90 days after the Presi-
dent is unable to make the certification pursuant 
to clause (i) of this subparagraph, the President 
may waive section 1003 of Public Law 100–204 
if the President determines and certifies in writ-
ing to the Speaker of the House of Representa-
tives, the President pro tempore of the Senate, 
and the Committees on Appropriations that the 
Palestinians have entered into direct and mean-
ingful negotiations with Israel: Provided, That 
any waiver of the provisions of section 1003 of 
Public Law 100–204 under clause (i) of this sub-
paragraph or under previous provisions of law 
must expire before the waiver under the pre-
ceding sentence may be exercised. 
(iii) Any waiver pursuant to this subpara-
graph shall be effective for no more than a period
1267 
of 6 months at a time and shall not apply be-
yond 12 months after the enactment of this Act. 
(3) REDUCTION.—The Secretary of State shall 
reduce the amount of assistance made available by 
this Act under the heading ‘‘Economic Support 
Fund’’ for the Palestinian Authority by an amount 
the Secretary determines is equivalent to the amount 
expended by the Palestinian Authority, the Palestine 
Liberation Organization, and any successor or affili-
ated organizations with such entities as payments for 
acts of terrorism by individuals who are imprisoned 
after being fairly tried and convicted for acts of ter-
rorism and by individuals who died committing acts 
of terrorism during the previous calendar year: Pro-
vided, That the Secretary shall report to the Commit-
tees on Appropriations on the amount reduced for fis-
cal year 2017 prior to the obligation of funds for the 
Palestinian Authority. 
(4) SECURITY REPORT.—The reporting require-
ments contained in section 1404 of the Supplemental 
Appropriations Act, 2008 (Public Law 110–252) shall 
apply to funds made available by this Act, including 
a description of modifications, if any, to the security 
strategy of the Palestinian Authority.
1268 
(5) INCITEMENT
REPORT.—Not later than 90 
days after enactment of this Act, the Secretary of 
State shall submit a report to the Committees on Ap-
propriations detailing steps taken by the Palestinian 
Authority to counter incitement of violence against 
Israelis and to promote peace and coexistence with 
Israel. 
AFRICA 
SEC. 7042. (a) AFRICAN GREAT LAKES REGION AS-
SISTANCE RESTRICTION.—Funds appropriated by this Act 
under the heading ‘‘International Military Education and 
Training’’ for the central government of a country in the 
African Great Lakes region may be made available only 
for Expanded International Military Education and 
Training and professional military education until the Sec-
retary of State determines and reports to the Committees 
on Appropriations that such government is not facilitating 
or otherwise participating in destabilizing activities in a 
neighboring country, including aiding and abetting armed 
groups. 
(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 or-
1269 
ganization Boko Haram, consistent with the provi-
sions 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 as-
sistance for Ethiopia may not be made available 
for any activity that supports forced evictions. 
(B) The Secretary of the Treasury should 
instruct the United States executive director of 
each international financial institution to use 
the voice and vote of the United States to sup-
port 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.
1270 
(2) CONSULTATION
REQUIREMENT.—Programs 
and activities to improve livelihoods shall include 
prior consultation with, and the participation of, af-
fected communities, including in the South Omo and 
Gambella regions. 
(3) FOREIGN MILITARY FINANCING PROGRAM.— 
Funds appropriated by this Act under the heading 
‘‘Foreign Military Financing Program’’ for assistance 
for Ethiopia may only be made available for border 
security and counterterrorism programs, support for 
international peacekeeping efforts, and assistance for 
professional military education. 
(e) LAKE CHAD BASIN COUNTRIES.—Funds appro-
priated by this Act for democracy and other development 
programs for Cameroon, Chad, Niger, and Nigeria should 
be made available, following consultation with the Commit-
tees on Appropriations, to protect freedoms of expression, 
association and religion, including support for journalists, 
civil society, and opposition political parties, and should 
be used to assist the governments of such countries to 
strengthen accountability and the rule of law, including 
within the security forces. 
(f) LORD’S RESISTANCE ARMY.—Funds appropriated 
by this Act shall be made available for programs and activi-
ties in areas affected by the Lord’s Resistance Army (LRA)
1271 
consistent with the goals of the Lord’s Resistance Army Dis-
armament and Northern Uganda Recovery Act (Public Law 
111–172), including to improve physical access, tele-
communications infrastructure, and early-warning mecha-
nisms and to support the disarmament, demobilization, and 
reintegration of former LRA combatants, especially child 
soldiers. 
(g) MALAWI.—Of the funds appropriated by this Act 
under the heading ‘‘Development Assistance’’, not less than 
$56,000,000 shall be made available for assistance for Ma-
lawi, of which up to $10,000,000 shall be made available 
for higher education programs. 
(h) POWER AFRICA INITIATIVE.—Funds appropriated 
by this Act that are made available for the Power Africa 
initiative shall be subject to the regular notification proce-
dures of the Committees on Appropriations. 
(i) SOUTH SUDAN.— 
(1) STRATEGY REQUIREMENT.—Not later than 
45 days after enactment of this Act and prior to the 
initial obligation of funds made available by this Act 
for assistance for the central Government of South 
Sudan, the Secretary of State, in consultation with 
the USAID Administrator, shall submit to the appro-
priate congressional committees a United States dip-
lomatic and assistance strategy for South Sudan, con-
1272 
sistent with the requirements under this section in the 
explanatory statement described in section 4 (in the 
matter preceding division A of this Consolidated Act): 
Provided, That such strategy shall include a descrip-
tion of how the cessation of hostilities and the delivery 
of humanitarian assistance and essential services will 
be prioritized: Provided further, That the Secretary of 
State shall consult with such committees prior to sub-
mitting such strategy. 
(2) CERTIFICATION.—None of the funds appro-
priated 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 ne-
gotiations for a political settlement of the con-
flict; 
(B) provide access for humanitarian orga-
nizations; 
(C) end the recruitment and use of child sol-
diers; 
(D) protect freedoms of expression, associa-
tion, and assembly;
1273 
(E) reduce corruption related to the extrac-
tion and sale of oil and gas; 
(F) establish democratic institutions; 
(G) establish accountable military and po-
lice forces under civilian authority; and 
(H) investigate and prosecute individuals 
credibly alleged to have committed gross viola-
tions 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 obliga-
tion of funds made available for the central Govern-
ment 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
1274 
such funds, steps taken by such government to ad-
vance or implement a peace agreement, and progress 
made by the Government of South Sudan in meeting 
the requirements in paragraph (2). 
(j) SUDAN.— 
(1) LIMITATION.—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. 
(2) LIMITATION ON 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, includ-
ing the cost of selling, reducing, or canceling amounts 
owed 
to 
the 
United 
States, 
and 
modifying 
concessional loans, guarantees, and credit agreements. 
(3) EXCLUSIONS.—The limitations of para-
graphs (1) and (2) shall not apply to— 
(A) humanitarian assistance; 
(B) assistance for democracy programs; 
(C) assistance for the Darfur region, South-
ern Kordofan State, Blue Nile State, other 
marginalized areas and populations in Sudan, 
and Abyei; and
1275 
(D) assistance to support implementation of 
outstanding issues of the Comprehensive Peace 
Agreement, mutual arrangements related to post- 
referendum issues associated with such Agree-
ment, or any other internationally recognized 
viable peace agreement in Sudan. 
(k) ZIMBABWE.— 
(1) INSTRUCTION.—The Secretary of the Treas-
ury 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 de-
mocracy, 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 ex-
pression, association, and assembly. 
(2) LIMITATIONS.—None of the funds appro-
priated by this Act shall be made available for assist-
ance 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 Com-
1276 
mittees 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 
SEC. 7043. (a) ASIA REBALANCING INITIATIVE.—Ex-
cept for paragraphs (1)(C), (4), (5)(B) and (C), and 6(B), 
section 7043(a) of the Department of State, Foreign Oper-
ations, and Related Programs Appropriations Act, 2015 
(division J of Public Law 113–235) shall continue in effect 
during fiscal year 2017: Provided, That section 7043(a)(8) 
of such Act shall be applied to funds appropriated by this 
Act by adding ‘‘East Asia,’’ before ‘‘Southeast Asia’’. 
(b) BURMA.— 
(1) BILATERAL ECONOMIC ASSISTANCE.— 
(A) Funds appropriated by this Act under 
the heading ‘‘Economic Support Fund’’ for as-
sistance for Burma may be made available not-
withstanding any other provision of law, except 
for this subsection, and following consultation 
with the appropriate congressional committees. 
(B) Funds appropriated under title III of 
this Act for assistance for Burma— 
(i) shall be made available to strength-
en civil society organizations in Burma and
1277 
for programs to strengthen independent 
media; 
(ii) shall be made available for commu-
nity-based organizations operating in Thai-
land to provide food, medical, and other hu-
manitarian assistance to internally dis-
placed persons in eastern Burma, in addi-
tion to assistance for Burmese refugees from 
funds appropriated by this Act under the 
heading ‘‘Migration and Refugee Assist-
ance’’; 
(iii) shall be made available for pro-
grams to promote ethnic and religious toler-
ance, including in Rakhine and Kachin 
states; 
(iv) shall be made available to promote 
rural economic development in Burma, in-
cluding through microfinance and sustain-
able power generation programs; 
(v) shall be made available to increase 
opportunities for foreign direct investment 
by strengthening the rule of law, trans-
parency, and accountability; 
(vi) may not be made available to any 
individual or organization if the Secretary
1278 
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 and individuals 
in Burma; 
(vii) may not be made available to any 
organization or entity controlled by the 
military of Burma; and 
(viii) may be made available for pro-
grams administered by the Office of Transi-
tion 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 representa-
tives of ethnic armed groups for this pur-
pose. 
(2) INTERNATIONAL
SECURITY
ASSISTANCE.— 
None of the funds appropriated by this Act under the 
headings ‘‘International Military Education and 
Training’’ and ‘‘Foreign Military Financing Pro-
gram’’ may be made available for assistance for
1279 
Burma: Provided, That the Department of State may 
continue consultations with the armed forces of 
Burma only on human rights and disaster response 
in a manner consistent with the prior fiscal year, and 
following consultation with the appropriate congres-
sional committees. 
(3) MULTILATERAL ASSISTANCE.—The Secretary 
of the Treasury should instruct the United States ex-
ecutive director of each international financial insti-
tution 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 re-
quirements of section 7029(b)(2) of this Act. 
(4) PROGRAMS, POSITION, AND
RESPONSIBIL-
ITIES.— 
(A) Any new program or activity in Burma 
initiated in fiscal year 2017 shall be subject to 
prior consultation with the appropriate congres-
sional committees. 
(B) Section 7043(b)(7) of the Department of 
State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2015 (division J of 
Public Law 113–235) shall continue in effect 
during fiscal year 2017.
1280 
(C) The United States Chief of Mission in 
Burma, in consultation with the Assistant Sec-
retary for Democracy, Human Rights, and 
Labor, Department of State, shall be responsible 
for democracy and human rights programs in 
Burma. 
(c) CAMBODIA.— 
(1) HUMAN RIGHTS CONDITIONS.—Of the funds 
appropriated in title IV of this Act that are made 
available for assistance for the central Government of 
Cambodia, 25 percent shall be withheld from obliga-
tion until the Secretary of State certifies and reports 
to the Committees on Appropriations that such gov-
ernment— 
(A) is taking effective steps to strengthen re-
gional security and stability, particularly re-
garding territorial disputes in the South China 
Sea; 
(B) has ceased efforts to intimidate civil so-
ciety and the political opposition in Cambodia, 
is credibly investigating the murder of social and 
political activists, and is taking actions to ad-
dress the concerns detailed in the September 14, 
2016 United Nations Human Rights Situation 
in Cambodia—Joint Statement; and
1281 
(C) is establishing conditions for the hold-
ing of free and fair elections in Cambodia in 
2017 and 2018 through a non-partisan election 
commission; fair election processes; credible post- 
election dispute resolution mechanisms; open and 
inclusive participation, to include the return of 
exiled former opposition leaders; and respect for 
freedoms of assembly and speech. 
(2) KHMER ROUGE TRIBUNAL.—Of the funds ap-
propriated by this Act that are made available for as-
sistance for Cambodia under the heading ‘‘Economic 
Support Fund’’, not more than $1,500,000 may be 
made available for a contribution to the Extraor-
dinary Chambers in the Court of Cambodia (ECCC): 
Provided, That such funds may only be made avail-
able if the Secretary of State certifies and reports to 
the Committees on Appropriations that such contribu-
tion is in the national interest of the United States 
and will support the prosecution and punishment of 
individuals responsible for genocide in Cambodia in 
a credible manner: Provided further, That if the Sec-
retary of State is unable to make the certification re-
quired by the previous proviso, such funds shall be 
made available for research and education programs 
associated with the Khmer Rouge genocide in Cam-
1282 
bodia, which are in addition to funds otherwise made 
available under paragraph (3): Provided further, 
That such funds shall be subject to prior consultation 
with, and the regular notification procedures of, such 
Committees: Provided further, That the Secretary of 
State shall seek reimbursements from the Principal 
Donors Group for the Documentation Center of Cam-
bodia for costs incurred in support of the ECCC. 
(3) RESEARCH AND EDUCATION.—Funds made 
available by this Act for democracy programs in 
Cambodia shall be made available for research and 
education programs associated with the Khmer Rouge 
genocide in Cambodia. 
(d) NORTH KOREA.— 
(1) BROADCASTS.—Funds appropriated by this 
Act under the heading ‘‘International Broadcasting 
Operations’’ shall be made available to maintain 
broadcasting hours into North Korea at levels not less 
than the prior fiscal year. 
(2) REFUGEES.—Funds appropriated by this 
Act under the heading ‘‘Migration and Refugee Assist-
ance’’ should be made available for assistance for ref-
ugees from North Korea, including protection activi-
ties in the People’s Republic of China and other coun-
tries in Asia.
1283 
(3) DATABASE
AND
REPORT.—Funds appro-
priated 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 Oper-
ations, and Related Programs Appropriations Act, 
2014 (division K of Public Law 113–76). 
(4) LIMITATION ON USE OF FUNDS.—None of the 
funds made available by this Act under the heading 
‘‘Economic Support Fund’’ may be made available 
for assistance for the Government of North Korea. 
(e) PEOPLE’S REPUBLIC OF CHINA.— 
(1) LIMITATION ON USE OF FUNDS.—None of the 
funds appropriated under the heading ‘‘Diplomatic 
and Consular Programs’’ in this Act may be obligated 
or expended for processing licenses for the export of 
satellites of United States origin (including commer-
cial satellites and satellite components) to the People’s 
Republic of China (PRC) unless, at least 15 days in 
advance, the Committees on Appropriations are noti-
fied of such proposed action. 
(2) PEOPLE’S
LIBERATION
ARMY.—The terms 
and requirements of section 620(h) of the Foreign As-
sistance Act of 1961 shall apply to foreign assistance 
projects or activities of the People’s Liberation Army
1284 
(PLA) of the PRC, to include such projects or activi-
ties by any entity that is owned or controlled by, or 
an affiliate of, the PLA: Provided, That none of the 
funds appropriated or otherwise made available pur-
suant to this Act may be used to finance any grant, 
contract, or cooperative agreement with the PLA, or 
any entity that the Secretary of State has reason to 
believe is owned or controlled by, or an affiliate of, 
the PLA. 
(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 Oper-
ations, and Related Programs Appropriations Act, 
2014 (division K of Public Law 113–76), following 
consultation with the Committees on Appropriations. 
(4) AUTHORITY
AND
NOTIFICATION
REQUIRE-
MENT.— 
(A) The uses of funds made available by 
this Act for the promotion of democracy in the 
PRC, except for funds made available under sub-
section (g), shall be the responsibility of the As-
1285 
sistant Secretary for Democracy, Human Rights, 
and Labor, Department of State. 
(B) Funds appropriated by this Act that 
are made available for trilateral programs con-
ducted with the PRC shall be subject to the reg-
ular notification procedures of the Committees 
on Appropriations. 
(f) PHILIPPINES.—Prior to the initial obligation of 
funds appropriated by this Act for assistance for the Phil-
ippines, but not later than 180 days after enactment of this 
Act, the Secretary of State shall submit a report to the Com-
mittees on Appropriations, which shall include the informa-
tion required under this section in the explanatory state-
ment described in section 4 (in the matter preceding divi-
sion A of this Consolidated Act). 
(g) TIBET.— 
(1) FINANCING
OF
PROJECTS
IN
TIBET.—The 
Secretary of the Treasury should instruct the United 
States executive director of each international finan-
cial 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 migra-
tion and settlement of non-Tibetans into Tibet or fa-
cilitate the transfer of ownership of Tibetan land and 
natural resources to non-Tibetans, are based on a
1286 
thorough needs-assessment, foster self-sufficiency of the 
Tibetan people and respect Tibetan culture and tradi-
tions, and are subject to effective monitoring. 
(2) PROGRAMS FOR TIBETAN COMMUNITIES.— 
(A) Notwithstanding any other provision of 
law, funds appropriated by this Act under the 
heading ‘‘Economic Support Fund’’ shall be 
made available to nongovernmental organiza-
tions to support activities which preserve cul-
tural traditions and promote sustainable devel-
opment, education, and environmental conserva-
tion in Tibetan communities in the Tibetan Au-
tonomous Region and in other Tibetan commu-
nities in China. 
(B) Funds appropriated by this Act under 
the heading ‘‘Economic Support Fund’’ shall be 
made available for programs to promote and 
preserve Tibetan culture, development, and the 
resilience of Tibetan communities in India and 
Nepal, and to assist in the education and devel-
opment of the next generation of Tibetan leaders 
from such communities: Provided, That such 
funds are in addition to amounts made available 
in subparagraph (A) for programs inside Tibet. 
(h) VIETNAM.—
1287 
(1) 
DIOXIN
REMEDIATION.—Notwithstanding 
any other provision of law, of the funds appropriated 
by this Act under the heading ‘‘Economic Support 
Fund’’, not less than $20,000,000 shall be made avail-
able for activities related to the remediation of dioxin 
contaminated sites in Vietnam and may be made 
available for assistance for the Government of Viet-
nam, including the military, for such purposes. 
(2) HEALTH
AND
DISABILITY
PROGRAMS.—Of 
the funds appropriated by this Act under the heading 
‘‘Development Assistance’’, not less than $10,000,000 
shall be made available for health and disability pro-
grams in areas sprayed with Agent Orange and other-
wise contaminated with dioxin, to assist individuals 
with severe upper or lower body mobility impairment 
and/or cognitive or developmental disabilities. 
SOUTH AND CENTRAL ASIA 
SEC. 7044. (a) AFGHANISTAN.— 
(1) STRATEGY AND PERSONNEL.— 
(A) STRATEGY.—Not later than 90 days 
after enactment of this Act and prior to the ini-
tial obligation of funds made available for assist-
ance for Afghanistan by this Act under the head-
ings ‘‘Economic Support Fund’’ and ‘‘Inter-
national Narcotics Control and Law Enforce-
1288 
ment’’, the Secretary of State, in consultation 
with the Secretary of Defense, shall submit to the 
appropriate congressional committees a revised 
strategy for United States engagement in Af-
ghanistan: Provided, That such strategy shall in-
clude detailed information on the roles and re-
sponsibilities of the Department of State, the 
United States Agency for International Develop-
ment, and other non-defense United States Gov-
ernment agencies in Afghanistan, including the 
anticipated number of government and con-
tractor personnel to be assigned in Afghanistan 
in fiscal years 2018 and 2019: Provided further, 
That such strategy shall also include detailed in-
formation on development programs to be sup-
ported by funds made available by this Act and 
prior Acts making appropriations for the De-
partment of State, foreign operations, and re-
lated programs, including a description of spe-
cific safeguards to ensure that any such funds 
supporting projects in areas under the control of 
the Taliban or other extremist organizations do 
not further the legitimacy of such organizations: 
Provided further, That such strategy shall also 
include detailed information, in classified form
1289 
if necessary, on specific steps to be taken to en-
courage a negotiated political resolution of the 
conflict in Afghanistan. 
(B) PERSONNEL REPORT.—Not later than 
30 days after enactment of this Act and every 
120 days thereafter until September 30, 2018, 
the Secretary of State shall submit a report, in 
classified form if necessary, to the appropriate 
congressional committees detailing by agency the 
number of personnel present in Afghanistan 
under Chief of Mission authority per section 
3927 of title 22, United States Code, at the end 
of the 120 day period preceding the submission 
of such report: Provided, That such report shall 
also include the number of locally employed staff 
and contractors supporting United States Em-
bassy operations in Afghanistan during the re-
porting period. 
(2) ASSISTANCE AND CONDITIONS.— 
(A) FUNDING
AND
LIMITATIONS.—Funds 
appropriated by this Act under the headings 
‘‘Economic Support Fund’’ and ‘‘International 
Narcotics Control and Law Enforcement’’ may 
be made available for assistance for Afghanistan:
1290 
Provided, That such funds may not be obligated 
for any project or activity that— 
(i) includes the participation of any 
Afghan individual or organization, includ-
ing government entity, that the Secretary of 
State determines to be involved in corrupt 
practices, illicit narcotics production or 
trafficking, or a violation of human rights; 
(ii) cannot be sustained, as appro-
priate, 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; 
(iv) initiates any new, major infra-
structure development; or 
(v) legitimizes the Taliban or other ex-
tremist organizations in areas not under 
the control of the Government of Afghani-
stan. 
(B) CERTIFICATION AND REPORT.—Prior to 
the initial obligation of funds made available by 
this Act under the headings ‘‘Economic Support 
Fund’’ and ‘‘International Narcotics Control and
1291 
Law Enforcement’’ for assistance for the central 
Government of Afghanistan, the Secretary of 
State shall certify and report to the Committees 
on Appropriations, after consultation with the 
Government of Afghanistan, that— 
(i) goals and benchmarks for the spe-
cific uses of such funds have been established 
by the Governments of the United States 
and Afghanistan; 
(ii) conditions are in place that in-
crease the transparency and accountability 
of the Government of Afghanistan for funds 
obligated under the New Development Part-
nership; 
(iii) the Government of Afghanistan is 
implementing laws and policies to govern 
democratically and protect the rights of in-
dividuals, civil society, and the media; 
(iv) the Government of Afghanistan is 
taking consistent steps to protect and ad-
vance the rights of women and girls in Af-
ghanistan; 
(v) the Government of Afghanistan is 
effectively implementing a whole-of-govern-
ment, anti-corruption strategy that has been
1292 
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 individ-
uals alleged to be involved in corrupt or il-
legal activities in Afghanistan; 
(vi) monitoring and oversight frame-
works 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 or-
ganizations; 
(vii) the necessary policies and proce-
dures are in place to ensure Government of 
Afghanistan compliance with section 7013 
of this Act, ‘‘Prohibition on Taxation of 
United States Assistance’’; and 
(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 subpara-
graph (B) if the Secretary determines that to do 
so is important to the national security interest
1293 
of the United States and the Secretary submits 
a report to the Committees on Appropriations, 
in classified form if necessary, on the justifica-
tion 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 in the 
following manner— 
(i) for programs that protect and 
strengthen the rights of women and girls 
and promote the political and economic em-
powerment of women, including their mean-
ingful inclusion in political processes: Pro-
vided, That such assistance to promote eco-
nomic empowerment of women shall be 
made available as grants to Afghan and 
international organizations, to the max-
imum extent practicable; 
(ii) for programs in South and Central 
Asia to expand linkages between Afghani-
stan and countries in the region, subject to 
the regular notification procedures of the 
Committees on Appropriations; and
1294 
(iii) to assist the Government of Af-
ghanistan to increase revenue collection and 
expenditure. 
(E) TAXATION.—None of the funds appro-
priated by this Act for assistance for Afghani-
stan may be made available for direct govern-
ment-to-government assistance unless the Sec-
retary of State certifies and reports to the Com-
mittees on Appropriations that United States 
companies and organizations that are imple-
menting United States foreign assistance pro-
grams 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, That not later than 90 days 
after enactment of this Act, the Secretary of 
State shall submit to the Committees on Appro-
priations an assessment of the dollar value of 
improper taxes or fees levied by such government 
against such companies and organizations in fis-
cal years 2014, 2015, and 2016.
1295 
(3) 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 bench-
marks required in paragraph (2)(B)(i): Provided, 
That not later than 6 months after the submission of 
such report and every 6 months thereafter until Sep-
tember 30, 2018, the Secretary of State shall submit 
a report to such committees on the status of achieving 
such goals and benchmarks: Provided further, That 
the Secretary of State should suspend assistance for 
the Government of Afghanistan if any report required 
by this paragraph indicates that such government is 
failing to make measurable progress in meeting such 
goals and benchmarks. 
(4) AUTHORITIES.— 
(A) Funds appropriated by this Act under 
title III through VI that are made available for 
assistance for Afghanistan may be made avail-
able— 
(i) notwithstanding section 7012 of 
this Act or any similar provision of law 
and section 660 of the Foreign Assistance 
Act of 1961;
1296 
(ii) for reconciliation programs and 
disarmament, 
demobilization, 
and 
re-
integration activities for former combatants 
who have renounced violence against the 
Government of Afghanistan, in accordance 
with section 7046(a)(2)(B)(ii) of the De-
partment of State, Foreign Operations, and 
Related Programs Appropriations Act, 2012 
(division I of Public Law 112–74); and 
(iii) for an endowment to empower 
women and girls. 
(B) Section 7046(a)(2)(A) of division I of 
Public Law 112–74 shall apply to funds appro-
priated by this Act for assistance for Afghani-
stan. 
(C) Section 1102(c) of the Supplemental 
Appropriations Act, 2009 (title XI of Public 
Law 111–32) shall continue in effect during fis-
cal year 2017. 
(5) 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.—
1297 
(1) ASSISTANCE.—Not less than $112,500,000 of 
the funds appropriated by this Act under the headings 
‘‘Global Health Programs’’, ‘‘Economic Support 
Fund’’, ‘‘International Narcotics Control and Law 
Enforcement’’, and ‘‘Nonproliferation, Anti-terrorism, 
Demining and Related Programs’’ shall be made 
available for assistance for Nepal, including for earth-
quake recovery and reconstruction programs. 
(2) FOREIGN MILITARY FINANCING PROGRAM.— 
Funds appropriated by this Act under the heading 
‘‘Foreign Military Financing Program’’ shall only be 
made available for humanitarian and disaster relief 
and reconstruction activities in Nepal, and in sup-
port of international peacekeeping operations: Pro-
vided, That such funds may only be made available 
for any additional uses if the Secretary of State cer-
tifies and reports to the Committees on Appropria-
tions that the Government of Nepal is investigating 
and prosecuting violations of human rights and the 
laws of war, and the Nepal Army is cooperating fully 
with civilian judicial authorities in such cases. 
(c) PAKISTAN.— 
(1) CERTIFICATION REQUIREMENT.—None of the 
funds appropriated or otherwise made available by 
this Act under the headings ‘‘Economic Support
1298 
Fund’’, ‘‘International Narcotics Control and Law 
Enforcement’’, and ‘‘Foreign Military Financing Pro-
gram’’ for assistance for the Government of Pakistan 
may be made available unless the Secretary of State 
certifies and reports to the Committees on Appropria-
tions that the Government of Pakistan is— 
(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 organiza-
tions, including taking effective steps to end sup-
port for such groups and prevent them from bas-
ing 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 Af-
ghanistan, and Pakistan’s military and intel-
ligence agencies are not intervening extra-judi-
cially 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;
1299 
(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 counterter-
rorism efforts and assistance programs in Paki-
stan; and 
(G) providing humanitarian organizations 
access to detainees, internally displaced persons, 
and other Pakistani civilians affected by the con-
flict. 
(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 ‘‘Eco-
nomic Support Fund’’ and ‘‘International Nar-
cotics Control and Law Enforcement’’ for assist-
ance for the Government of Pakistan if the Sec-
retary determines that to do so is important to 
the national security interest of the United 
States.
1300 
(B) The Secretary of State may waive the 
certification requirement of paragraph (1) with 
respect to 95 percent of the funds appropriated 
or otherwise made available by this Act under 
the heading ‘‘Foreign Military Financing Pro-
gram’’ for assistance for the Government of Paki-
stan if the Secretary determines that to do so is 
important to the national security interest of the 
United States: Provided, That funds withheld by 
application of this subparagraph shall be with-
held from obligation until the Secretary submits 
to the Committees on Appropriations the certifi-
cation required by paragraph (1). 
(C) In exercising the authority of this para-
graph, the Secretary of State shall submit a re-
port 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 Pro-
gram’’ for assistance for Pakistan may be made
1301 
available only to support counterterrorism and 
counterinsurgency capabilities in Pakistan. 
(B) Funds appropriated by this Act under 
the headings ‘‘Economic Support Fund’’ and 
‘‘Nonproliferation, 
Anti-terrorism, 
Demining 
and Related Programs’’ that are available for as-
sistance for Pakistan shall be made available to 
interdict precursor materials from Pakistan to 
Afghanistan that are used to manufacture IEDs, 
including calcium ammonium nitrate; to sup-
port programs to train border and customs offi-
cials in Pakistan and Afghanistan; and for agri-
cultural extension programs that encourage al-
ternative fertilizer use among Pakistani farmers. 
(C) Funds appropriated by this Act under 
the heading ‘‘Economic Support Fund’’ that are 
made available for assistance for infrastructure 
projects in Pakistan shall be implemented in a 
manner consistent with section 507(6) of the 
Trade Act of 1974 (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.
1302 
(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 Appropria-
tions 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) shall apply to funds appropriated by this 
Act that are made available for assistance for Paki-
stan: Provided, That prior to the obligation of funds 
for such purposes, the USAID Administrator shall 
consult with the Committees on Appropriations. 
(5) REPORTS.— 
(A)(i) The spend plan required by section 
7076 of this Act for assistance for Pakistan shall 
include achievable and sustainable goals, bench-
marks for measuring progress, and expected re-
sults regarding combating poverty and fur-
thering development in Pakistan, countering ter-
1303 
rorism and extremism, and establishing condi-
tions conducive to the rule of law and trans-
parent and accountable governance: Provided, 
That not later than 6 months after submission of 
such spend plan, and each 6 months thereafter 
until September 30, 2018, the Secretary of State 
shall submit a report to the Committees on Ap-
propriations on the status of achieving the goals 
and benchmarks in such plan. 
(ii) The Secretary of State should suspend 
assistance for the Government of Pakistan if any 
report required by clause (i) indicates that Paki-
stan is failing to make measurable progress in 
meeting such goals or benchmarks. 
(B) Not later than 90 days after enactment 
of this Act, the Secretary of State shall submit 
a report to the Committees on Appropriations 
detailing the costs and objectives associated with 
significant infrastructure projects supported by 
the United States in Pakistan, and an assess-
ment of the extent to which such projects achieve 
such objectives. 
(6) OVERSIGHT.—The Secretary of State shall 
take all practicable steps to ensure that mechanisms 
are in place for monitoring, oversight, and control of
1304 
funds made available by this subsection for assistance 
for Pakistan. 
(d) SRI LANKA.— 
(1) BILATERAL ECONOMIC ASSISTANCE.—Funds 
appropriated by this Act under the heading ‘‘Eco-
nomic Support Fund’’ shall be made available for as-
sistance for Sri Lanka for democracy and economic 
development programs, particularly in areas recov-
ering from ethnic and religious conflict: Provided, 
That such funds shall be made available for programs 
to assist in the identification and resolution of cases 
of missing persons. 
(2) CERTIFICATION.—Funds appropriated by 
this Act for assistance for the central Government of 
Sri Lanka may be made available only if the Sec-
retary of State certifies and reports to the Committees 
on Appropriations that the Government of Sri Lanka 
is taking steps to— 
(A) repeal laws that do not comply with 
international standards for arrest and detention, 
and to ensure that any successor legislation 
meets such standards; 
(B) increase accountability and trans-
parency in governance;
1305 
(C) support a credible justice mechanism in 
compliance with United Nations Human Rights 
Council Resolution (A/HCR/30/L.29) of October, 
2015; and 
(D) return land in former conflict zones to 
former owners or to compensate those whose land 
was confiscated without due process, which are 
in addition to steps taken during the previous 
calendar year. 
(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 head-
ing ‘‘Foreign Military Financing Program’’ may 
only be made available for programs to support 
humanitarian and disaster response efforts; to 
redeploy out of former conflict zones; and to re-
structure and reduce the size of the Sri Lankan 
armed forces; and 
(B) funds under the heading ‘‘Peacekeeping 
Operations’’ may only be made available for 
training and equipment related to international 
peacekeeping operations. 
(e) REGIONAL PROGRAMS.—
1306 
(1) CROSS BORDER PROGRAMS.—Funds appro-
priated by this Act under the heading ‘‘Economic 
Support Fund’’ for assistance for Afghanistan and 
Pakistan may be provided, notwithstanding any other 
provision of law that restricts assistance to foreign 
countries, for cross border stabilization and develop-
ment programs between Afghanistan and Pakistan, or 
between either country and the Central Asian coun-
tries. 
(2) SECURITY AND JUSTICE PROGRAMS.—Funds 
appropriated by this Act under the headings ‘‘Eco-
nomic Support Fund’’, ‘‘International Narcotics Con-
trol and Law Enforcement’’, and ‘‘Assistance for Eu-
rope, Eurasia and Central Asia’’ that are available 
for assistance for countries in South and Central Asia 
shall be made available to enhance the recruitment, 
retention, and professionalism of women in the judici-
ary, police, and other security forces. 
LATIN AMERICA AND THE CARIBBEAN 
SEC. 7045. (a) CENTRAL AMERICA.— 
(1) STRATEGY REVIEW AND UPDATE.—The Sec-
retary of State, in consultation with the heads of 
other relevant United States Government agencies, 
shall review the United States Strategy for Engage-
ment in Central America (the Strategy) and submit
1307 
an updated Strategy to the appropriate congressional 
committees not later than 90 days after enactment of 
this Act: Provided, That such Strategy shall address 
the key factors in countries in Central America that 
contribute to the migration of undocumented Central 
Americans to the United States: Provided further, 
That such Strategy should support regional security 
and economic initiatives, including the Plan of the 
Alliance for Prosperity in the Northern Triangle in 
Central America (the Plan), to the extent the Sec-
retary of State determines such initiatives are con-
sistent with the national interest of the United States. 
(2) FUNDING.—Subject to the requirements of 
this subsection, of the funds appropriated under titles 
III and IV of this Act, $655,000,000 should be made 
available for assistance for countries in Central 
America to implement the United States Strategy for 
Engagement in Central America: Provided further, 
That such funds shall be made available to the max-
imum extent practicable on a cost-matching basis. 
(3) PRE-OBLIGATION REQUIREMENTS.—Prior to 
the obligation of funds made available pursuant to 
paragraph (2) and following the submission of the 
Strategy as required in paragraph (1), the Secretary 
of State shall submit to the Committees on Appro-
1308 
priations a multi-year spend plan as described under 
this section in the explanatory statement described in 
section 4 (in the matter preceding division A of this 
Consolidated Act), including a description of how 
such funds shall prioritize addressing the key factors 
in countries in Central America that contribute to the 
migration of undocumented Central Americans to the 
United States. 
(4) ASSISTANCE
FOR
THE
CENTRAL
GOVERN-
MENTS
OF
EL
SALVADOR, GUATEMALA, AND
HON-
DURAS.—Of the funds made available pursuant to 
paragraph (2) that are available for assistance for 
each of the central governments of El Salvador, Gua-
temala, 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 taking effective steps, which are in 
addition to those steps taken since the certifi-
cation and report submitted during the prior 
year, if applicable, to—
1309 
(i) inform its citizens of the dangers of 
the journey to the southwest border of the 
United States; 
(ii) combat human smuggling and 
trafficking; 
(iii) improve border security, including 
to prevent illegal migration, human smug-
gling and trafficking, and trafficking of il-
licit drugs and other contraband; and 
(iv) cooperate with United States Gov-
ernment agencies and other governments in 
the region to facilitate the return, repatri-
ation, and reintegration of illegal migrants 
arriving at the southwest border of the 
United States who do not qualify for asy-
lum, 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 taking effec-
tive steps, which are in addition to those steps 
taken since the certification and report sub-
mitted during the prior year, if applicable, to—
1310 
(i) work cooperatively with an autono-
mous, publicly accountable entity to provide 
oversight of the Plan; 
(ii) combat corruption, including in-
vestigating and prosecuting current and 
former government officials credibly alleged 
to be corrupt; 
(iii) implement reforms, policies, and 
programs to improve transparency and 
strengthen public institutions, including in-
creasing the capacity and independence of 
the judiciary and the Office of the Attorney 
General; 
(iv) implement a policy to ensure that 
local communities, civil society organiza-
tions (including indigenous and other 
marginalized groups), and local govern-
ments are consulted in the design, and par-
ticipate in the implementation and evalua-
tion of, activities of the Plan that affect 
such communities, organizations, and gov-
ernments; 
(v) counter the activities of criminal 
gangs, drug traffickers, and organized 
crime;
1311 
(vi) investigate and prosecute in the ci-
vilian justice system government personnel, 
including military and police personnel, 
who are credibly alleged to have violated 
human rights, and ensure that such per-
sonnel are cooperating in such cases; 
(vii) 
cooperate 
with 
commissions 
against corruption and impunity and with 
regional human rights entities; 
(viii) support programs to reduce pov-
erty, expand education and vocational 
training for at-risk youth, create jobs, and 
promote equitable economic growth particu-
larly in areas contributing to large numbers 
of migrants; 
(ix) implement a plan that includes 
goals, benchmarks and timelines to create a 
professional, accountable civilian police 
force and end the role of the military in in-
ternal policing, and make such plan avail-
able to the Department of State; 
(x) protect the right of political opposi-
tion parties, journalists, trade unionists, 
human rights defenders, and other civil so-
1312 
ciety activists to operate without inter-
ference; 
(xi) increase government revenues, in-
cluding by implementing tax reforms and 
strengthening customs agencies; and 
(xii) resolve commercial disputes, in-
cluding the confiscation of real property, be-
tween United States entities and such gov-
ernment. 
(5) SUSPENSION OF ASSISTANCE AND PERIODIC 
REVIEW.— 
(A) The Secretary of State shall periodi-
cally review the progress of each of the central 
governments of El Salvador, Guatemala, and 
Honduras in meeting the requirements of para-
graphs (4)(A) and (4)(B): Provided, That if the 
Secretary determines that sufficient progress has 
not been made by a central government, the Sec-
retary shall suspend, in whole or in part, assist-
ance for such government for programs sup-
porting such requirement, and shall notify the 
appropriate congressional committees in writing 
of such action: Provided further, That the Sec-
retary may resume funding for such programs
1313 
only after the Secretary certifies to such commit-
tees that corrective measures have been taken. 
(B) 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 
(4)(A) and (4)(B): Provided, That if the Sec-
retary is unable to make such a determination 
in a timely manner, assistance made available 
under this subsection for such central government 
shall be suspended, in whole or in part, until 
such time as such determination and report can 
be made. 
(6) TRANSFER OF FUNDS.—The Department of 
State and USAID may, following consultation with 
the Committees on Appropriations, transfer funds 
made available by this Act under the heading ‘‘Devel-
opment Assistance’’ to the Inter-American Develop-
ment Bank and the Inter-American Foundation to 
support the Strategy. 
(b) COLOMBIA.— 
(1) ASSISTANCE.—Of the funds appropriated by 
this Act under titles III and IV, not less than
1314 
$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 sec-
tion 219 of the Immigration and Nationality Act 
(8 U.S.C. 1189), and other criminal or illegal 
armed groups: Provided, That aircraft supported 
by funds made available by this Act and prior 
Acts making appropriations for the Department 
of State, foreign operations, and related pro-
grams may be used to transport personnel and 
supplies involved in drug eradication and inter-
diction, including security for such activities, 
and to provide transport in support of alter-
native development programs and investigations 
by civilian judicial authorities; 
(B) enhance security and stability in Co-
lombia and the region; 
(C) strengthen and expand governance, the 
rule of law, and access to justice throughout Co-
lombia; 
(D) promote economic and social develop-
ment, including by improving access to areas
1315 
impacted by conflict through demining pro-
grams; 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, That such funds shall be subject to prior 
consultation with, and the regular notification proce-
dures of, the Committees on Appropriations. 
(2) LIMITATION.—None of the funds appro-
priated by this Act or prior Acts making appropria-
tions for the Department of State, foreign operations, 
and related programs that are made available for as-
sistance for Colombia may be made available for pay-
ment of reparations to conflict victims or compensa-
tion 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 pursu-
ant to paragraph (1), the Secretary of State, in con-
sultation with the USAID Administrator, shall sub-
mit to the Committees on Appropriations a multi- 
year spend plan as described under section 7045 in 
the explanatory statement described in section 4 (in
1316 
the matter preceding division A of this Consolidated 
Act). 
(4) REFUGEES.—Funds made available by this 
Act under the heading ‘‘Economic Support Fund’’ for 
assistance for Colombia shall be apportioned directly 
to USAID, except that not less than $7,000,000 of 
such funds shall be transferred to, and merged with, 
funds appropriated by this Act under the heading 
‘‘Migration and Refugee Assistance’’ for assistance for 
Colombian refugees in neighboring countries. 
(5) COUNTERNARCOTICS.—Of the funds made 
available by this Act under the heading ‘‘Inter-
national Narcotics Control and Law Enforcement’’ 
for assistance for Colombia, 20 percent may be obli-
gated only in accordance with the conditions set forth 
under section 7045 in the explanatory statement de-
scribed in section 4 (in the matter preceding division 
A of this Consolidated Act). 
(6) HUMAN RIGHTS.—Of the funds made avail-
able by this Act under the heading ‘‘Foreign Military 
Financing Program’’ for assistance for Colombia, 20 
percent may be obligated only in accordance with the 
conditions set forth under section 7045 in the explan-
atory statement described in section 4 (in the matter 
preceding division A of this Consolidated Act).
1317 
(7) EXCEPTIONS.—The limitations of para-
graphs (5) and (6) shall not apply to funds made 
available for aviation instruction and maintenance, 
and maritime and riverine security programs. 
(c) HAITI.— 
(1) FUNDING.—Of the funds appropriated by 
this Act under the headings ‘‘Development Assistance’’ 
and ‘‘Economic Support Fund’’, not more than 
$45,000,000 may be made available for assistance for 
Haiti: Provided, That the funding limitation of this 
paragraph may be exceeded for food security and 
global health programs. 
(2) CERTIFICATION.—Funds appropriated by 
this Act under the headings ‘‘Development Assistance’’ 
and ‘‘Economic Support Fund’’ that are made avail-
able for assistance for Haiti may not be made avail-
able for assistance for the central Government of 
Haiti unless the Secretary of State certifies and re-
ports to the Committees on Appropriations that such 
government is taking effective steps, which are in ad-
dition to steps taken since the certification and report 
submitted during the prior year, if applicable, to— 
(A) strengthen the rule of law in Haiti, in-
cluding by—
1318 
(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 imple-
menting reforms to increase transparency 
and accountability, including through the 
penal and criminal codes; 
(B) combat corruption, including by imple-
menting the anti-corruption law enacted in 2014 
and prosecuting corrupt officials; 
(C) increase government revenues, including 
by implementing tax reforms, and increase ex-
penditures on public services; and 
(D) resolve commercial disputes between 
United States entities and the Government of 
Haiti. 
(3) 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 et seq.) for the Coast Guard. 
EUROPE AND EURASIA 
SEC. 7046. (a) ASSISTANCE FOR UKRAINE.—Of the 
funds appropriated by this Act under titles III and IV, not
1319 
less than $410,465,000 shall be made available for assist-
ance for Ukraine. 
(b) LIMITATION.—None of the funds appropriated by 
this Act may be made available for assistance for a govern-
ment 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, 
That except as otherwise provided in section 7070(a) of this 
Act, funds may be made available without regard to the 
restriction in this subsection if the President determines 
that to do so is in the national security interest of the 
United States: Provided further, That prior to executing the 
authority contained in the previous proviso the Secretary 
of State shall consult with the Committees on Appropria-
tions on how such assistance supports the national security 
interest of the United States. 
(c) SECTION 907 OF THE FREEDOM SUPPORT ACT.— 
Section 907 of the FREEDOM Support Act shall not apply 
to— 
(1) activities to support democracy or assistance 
under title V of the FREEDOM Support Act and sec-
tion 1424 of the Defense Against Weapons of Mass