Sec. 7034.

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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. Funds appropriated by this Act should not be used to support any military training or operations that include child soldiers. Funds appropriated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for foreign security forces that use excessive force to repress peaceful expression, association, or assembly in countries undergoing democratic transition.

Section 7034(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2017. Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $9,000,000 shall be made available for forensic anthropology assistance related to the exhumation of mass graves and the identification of victims of war crimes and crimes against humanity, including in Iraq, Guatemala, and Sri Lanka, which shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State.

The Secretary of State shall instruct the Chief of Mission in each country for which funds appropriated by this Act under the heading International Military Education and Training are made available to work with the government of such country to increase the participation of women in programs supported with such funds, with the goal of doubling female participation in such programs globally by September 30, 2019. Section 7065 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2017.

In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability. Not later than 120 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2016, by country and purpose of assistance, under the headings Peacekeeping Operations , International Military Education and Training , and Foreign Military Financing Program .

Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees on foreign assistance cases submitted for vetting for purposes of section 620M of the Foreign Assistance Act of 1961 during the preceding fiscal year, including— the total number of cases submitted, approved, suspended, or rejected for human rights reasons; and for cases rejected, a description of the steps taken to assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice, in accordance with section 620M(c) of the Foreign Assistance Act of 1961.

The report required by this paragraph shall be submitted in unclassified form, but may be accompanied by a classified annex. For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department 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.

Funds appropriated by this Act under the heading Foreign Military Financing Program may only be made available to countries that have demonstrated a commitment to stop the proliferation of weapons of mass destruction through participating in the Proliferation Security Initiative

(PSI)and endorsing the PSI Statement of Interdiction Principles: , That the Secretary of State may waive the requirement of this paragraph on a country-by-country basis if the Secretary determines and reports to the Committees on Appropriations that to do so is in the national interest, and submits a justification to such Committees for each such waiver on such basis. Provided Funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development, from this or any other Act, may be made available as a general contribution to the World Food Programme, notwithstanding any other provision of law. Funds appropriated 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. ). Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia may be made available as contributions to establish and maintain memorial sites of genocide, subject to the regular notification procedures of the Committees on Appropriations. Of the amounts made available by title I of this Act under the heading 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 indigenous communities, and up to $1,000,000 may be made available for grants to carry out the activities of the Cultural Antiquities Task Force. The USAID Administrator may use funds appropriated by this Act under title III to make innovation incentive awards: , That each individual award may not exceed $100,000: Provided , That no more than 10 such awards may be made during fiscal year 2017: Provided further , That for purposes of this paragraph the term Provided further innovation incentive award means the provision of funding on a competitive basis that— encourages and rewards the development of solutions for a particular, well-defined problem related to the alleviation of poverty; or helps identify and promote a broad range of ideas and practices facilitating further development of an idea or practice by third parties. Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for the Department of State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act or the African Development Foundation Act: , That prior to conducting activities in a country for which assistance is prohibited, the agency shall consult with the Committees on Appropriations and report to such Committees within 15 days of taking such action. Provided Funds appropriated by this Act or in titles I through IV of prior Acts making appropriations for the Department of State, foreign operations, and related programs may be used by the Secretary of State and the USAID Administrator, as appropriate, to support the continued implementation of the Partner Vetting System

(PVS)pilot program: , That the Secretary of State and USAID Administrator may initiate a partner vetting program to meet unanticipated security requirements, or to make significant modifications to any such existing program, only following consultation with the Committees on Appropriations: Provided , That the first through the third provisos of section 7034(e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 (division K of Provided further Public Law 114–113 ) shall continue in effect during fiscal year 2017: , That the Secretary of State and the USAID Administrator shall continue to provide a direct vetting option for prime awardees. Provided further 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, notwithstanding any other provision of law. The Secretary of State should withhold funds appropriated under title III of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: , That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection. Provided Section 10 of the Palestinian Anti-Terrorism Act of 2006 ( Public Law 109–446 ; 22 U.S.C. 2378b note) is amended— by striking subsection (b); and by redesignating subsection

(c)as subsection (b). Section 1012 of the National Defense Authorization Act for Fiscal Year 1995 ( 22 U.S.C. 2291–4 ) is amended— by striking subsection (c); and by redesignating subsection

(d)as subsection (c). The Sudan Peace Act ( Public Law 107–245 ; 50 U.S.C. 1701 note) is amended— by striking section 8; and in section 11, by striking subsection (b). Section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( Public Law 103–236 ; 22 U.S.C. 2370a ) is amended— by striking subsection (f); and by redesignating subsections (g), (h), and

(i)as subsections (f), (g), and (h), respectively. 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 for the purposes for which appropriated: , That not more than $50,000,000 may be transferred. Provided Section 7034(k) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2017. 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 . The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) shall remain in effect for facilities in Afghanistan through September 30, 2017, except that the notification and reporting requirements contained in such section shall include the Committees on Appropriations. The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2017. Section 824(g) of the Foreign Service Act of 1980 ( 22 U.S.C. 4064(g) ) shall be applied by substituting September 30, 2017 for October 1, 2010 in paragraph (2). Section 61(a) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2733(a) ) shall be applied by substituting September 30, 2017 for October 1, 2010 in paragraph (2). 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). Subject to the limitation described in subparagraph (B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ; 123 Stat. 1904) shall remain in effect through September 30, 2017. The authority described in subparagraph

(A)may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 ) is amended— in section 599D ( 8 U.S.C. 1157 note)— in subsection (b)(3), by striking and 2016 and inserting 2016, and 2017 ; in subsection (e), by striking 2016 each place it appears and inserting 2017 ; and in section 599E ( 8 U.S.C. 1255 note) in subsection (b)(2), by striking 2016 and inserting 2017 . 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. Section 4 of Public Law 95–393 is amended by inserting

(a)at the beginning and inserting the text from section 7056 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 (division K of Public Law 114–113 ) as subsection (b). Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 22 U.S.C. 6553 ) shall be applied by substituting September 30, 2017 for October 1, 2015 . Section 602(b)(3)(F) of the Afghan Allies Protection Act, 2009 (division F of Public Law 111–8 ), as amended, is further amended by— substituting 11,000 for 7,000 in the matter preceding clause (i); and substituting December 31, 2017 for December 31, 2016 in clauses

(i)and (ii). Notwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (appendix G of Public Law 106–113 ), funds made available under the heading Diplomatic and Consular Programs in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs or otherwise available to the Department of State may be made available for United States participation in international fairs and expositions abroad occurring prior to September 30, 2017: , That the authority made available pursuant to this subparagraph shall be subject to the regular notification procedures of the Committees on Appropriations. Provided 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 . Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321h(b)(2)(A) ) is amended by striking and 2017 and inserting 2017, and 2018 . Section 1 of Public Law 106–46 ( 12 U.S.C. 635a note) is amended by striking July 21, 1999, and ends on December 2, 1999 and inserting October 1, 2016, and ends on September 30, 2019 : , That the amendment made pursuant to this subparagraph to such law shall take effect upon enactment of this Act. Provided Section 415(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 3975(a)(1) ) is amended by adding— 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 payment to which a recipient is otherwise eligible under Federal law. . Funds appropriated by this Act or otherwise made available to the Department of State for payments to the Working Capital Fund may only be used for the service centers included in Appendix 1 of the Congressional Budget Justification, Department of State, Diplomatic Engagement, Fiscal Year 2017: , That the amounts for such service centers shall be the amounts included in such budget except as provided in section 7015(b) of this Act: Provided , That Federal agency components shall be charged only for their direct usage of each Working Capital Fund service: Provided further , That Federal agency components may only pay for Working Capital Fund services that are consistent with the component’s purpose and authorities: Provided further , That the Working Capital Fund shall be paid in advance or reimbursed at rates which will return the full cost of each service. Provided further Funds appropriated by this Act that are available for monitoring and evaluation of assistance under the headings International Disaster Assistance and Migration and Refugee Assistance shall, as appropriate, be made available for the regular collection of feedback obtained directly from beneficiaries on the quality and relevance of such assistance: , 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 require such partners that receive funds under such headings to establish procedures for collecting and responding to such feedback and inform the Department of State or USAID, as appropriate, of such procedures. Provided Funds available in the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 ( Public Law 108–477 ) may be made available for pharmaceuticals and other products for other global health and child survivial activities to the same extent as HIV/AIDS pharmaceuticals and other products, subject to the terms and conditions in such section: , That the authority in section 525(b)(5) of the Foreign Operations, Export Financing, and Related Programs Appropriation Act, 2005 ( Provided 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: , That the Secretary of State shall include in the congressional budget justification an accounting of budgetary resources, disbursements, balances, and reimbursements related to such fund. Provided further Funds appropriated under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related 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, and Tunisia, which are authorized to be 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. Provided During fiscal year 2017, direct loans under section 23 of the Arms Export Control Act may be made available for Iraq, gross obligations for the principal amounts of which shall not exceed $2,700,000,000: , That funds appropriated under the heading Provided Foreign Military Financing Program in title VIII of this Act and title VIII of prior Acts making appropriations for the Department of State, foreign operations, and related programs that are 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, may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of direct loans, except that such funds may not be derived from amounts specifically designated for countries other than Iraq: , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, and may include the costs of selling, reducing, or cancelling any amounts owed to the United States or any agency of the United States by Iraq: Provided further , That the Government of the United States may charge fees for such loans, which shall be collected from borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further , That no funds made available for assistance for Iraq under this or any other Act may be used for payment of any fees associated with such loans: Provided further , That applicable provisions of section 3 of the Arms Export Control Act relating to restrictions on transfers, re-transfers and end-use shall apply to defense articles and services purchased with such loans: Provided further , That in consultation with the Government of Iraq, special emphasis shall be placed on assistance to covered groups (as defined in section 1223(e)(2)(D) of the National Defense Authorization Act for Fiscal Year 2016 ( Provided further Public Law 114–92 )) with loans made available pursuant to this paragraph: , That such loans shall be repaid in not more than 12 years, including a grace period of up to 1 year on repayment of principal. Provided further 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: , That the first, third and fifth provisos under section 7041(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Provided 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 of the SEED Act shall not apply): , That in addition to the previous proviso, the authorities 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. Provided further Funds made available pursuant to paragraphs

(1)and

(2)from prior Acts making appropriations for the Department of State, foreign operations, and related programs that were previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act. Funds made available pursuant to the authorities of this subsection shall be subject to prior consultation with the appropriate congressional committees, and subject to the regular notification procedures of the Committees on Appropriations. 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 $50,000,000 shall be made available for the Small Grants Program pursuant to section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ), as amended, which may remain available until September 30, 2021. For the purposes of section 7080 of division J of Public Law 113–235 , eligible entities shall be defined, in this fiscal year and each fiscal year hereafter, as small local, international, and United States-based nongovernmental organizations, educational institutions, and other small entities that have received less than a total of $5,000,000 from USAID over the previous 5 fiscal years: , That departments or centers of such educational institutions may be considered individually in determining such eligibility. Provided The USAID Administrator, following consultation with the Committees on Appropriations, shall implement a pilot project with funds appropriated by this Act under the heading Global Health Programs to leverage public and private capital to expand delivery of interventions for maternal and child health. Unless otherwise defined in this Act, for purposes of this Act the term appropriate congressional committees means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives. Unless otherwise defined in this Act, for purposes of this Act the term funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs means funds that remain available for obligation, and have not expired. In this Act international financial institutions means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Asian Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, the African Development Fund, and the Multilateral Investment Guarantee Agency. 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. In this Act, the term USAID means the United States Agency for International Development. In this Act— the term extremist organization means the Islamic State of Iraq and the Levant (ISIL); organizations affiliated with ISIL; a foreign organization that is determined to be engaged in terrorist activity, as defined in section 212(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182 ); and other entities designated as foreign terrorist organizations pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); the term extremist means an individual affiliated with an extremist organization, as defined in subparagraph (A); and the term extremism means the advocacy or use of violence by such organizations or individuals to achieve political or religions goals. Unless otherwise provided for in this Act, for the purposes of this Act the terms under this heading , under the heading , or under the headings means funds appropriated or otherwise made available under such heading or headings in all titles of this Act: , That the term Provided under the heading in this title means funds appropriated or otherwise made available only in such title. In this Act, the term spend plan means a plan for the utilization of funds appropriated for a particular entity, country, program, purpose, or account and which shall include, as appropriate, a description of— how such funds will be used, including by category such as personnel, training, technical, infrastructure, and commodities, to achieve realistic and sustainable goals, and a timeline for achieving such goals; implementing partners, including by category such as government ministries, nongovernmental organizations, and contractors, to the extent known; amounts and sources of funds by account; criteria for measuring progress in achieving such goals; and how such funds will complement other ongoing or planned programs. Section 609 of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7708 ) is amended— in subsection

(k)by striking the first sentence; and by adding after subsection

(k)the following new subsection: An eligible country and the United States that have entered into and have in effect a Compact under this section may enter into and have in effect at the same time not more than one additional Compact in accordance with the requirements of this title if— one or both of the Compacts are or will be for the purposes of economic integration, increased regional trade, or cross-border collaborations; and the Board determines that the country is making considerable and demonstrable progress in implementing the terms of any existing Compacts and supplementary agreements thereto, and has sustained performance against the eligibility criteria in section 7706(b) of this title since being selected for such existing Compact. . The amendments made by paragraph

(1)shall apply with respect to Compacts entered into under the Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 et seq. ) before, on, or after the date of enactment of this Act. Section 613(b)(2)(A) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7712(b)(2)(A) ) is amended by striking the before Compact and inserting any . Section 607 of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7706 ) is amended: in subsection

(a)by adding after the second sentence the following new sentence: In determining whether such country is eligible for a subsequent, non-concurrent Millennium Challenge Compact, such determination shall also be based on significantly improved performance across the eligibility criteria in subsection (b), compared to such country’s performance against such eligibility criteria when selected for a preceding compact, to be defined pursuant to section 7707(b) of this title. ; in subsection (b)(1)(D), by striking and ; in subsection (b)(1)(E), by inserting and after the semicolon, and adding the following new subparagraph: the quality of the civil society enabling environment; ; by redesignating subsections

(d)and

(e)as subsections

(e)and (f), respectively; and by inserting after subsection

(c)the following new subsection: Before the Board selects an eligible country for a Compact under section 607(c), the Corporation shall provide to the Board information on the country’s treatment of civil society. The information shall include an assessment and analysis of— any relevant laws governing the establishment, legal status, or activities of a civil society organization, including laws intended to limit the activities of civil society organizations; and laws regulating freedom of expression and peaceful assembly, including usage of the Internet. .

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