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 $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, Guatemala, Colombia, El Salvador, Syria, and Sri Lanka, which shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State.

Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement , not less than $6,000,000 shall be made available for DNA forensic technology programs to combat human trafficking in Central America and Mexico. 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 . Funds appropriated by this Act under the heading Foreign Military Financing Program for the general costs of administering 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: , That prior to the obligation of funds for such purposes, the Secretary of State shall consult with the Committees on Appropriations.

Provided 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 committees a report on steps taken or planned to be taken to increase the efficiency and effectiveness of such programs. Following the submission of the quarterly report required by section 36 of Public Law 90–629 ( 22 U.S.C. 2776 ), the Secretary of State, in coordination with the Secretary of Defense, shall submit to the Committees on Appropriations a status report that contains the information described under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this Consolidated Act).

Not later than 60 days after enactment of this Act, the Secretary of State, in coordination 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 Financing Program from grants to loans, including the budgetary and diplomatic impacts, and the extent to which such transition would affect the foreign policy interest of the United States: , That such report shall also include an assessment of the impact of proposals included in the fiscal year 2018 congressional budget justification that would transition such assistance from grants to loans.

Provided 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 Nonproliferation, Anti-terrorism, Demining and Related Programs shall be made available for programs to increase international participation in the Proliferation Security Initiative

(PSI)and endorsement of the PSI Statement of Interdiction Principles: , 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. Provided Funds made available by this Act under the heading Economic Support Fund to counter extremism may be made available notwithstanding any other provision of law restricting assistance to foreign countries, except sections 502B and 620A of the Foreign Assistance Act of 1961: , That the Secretary of State, or the USAID Administrator, as appropriate, shall consult with the Committees on Appropriations prior to exercising the authority of this paragraph. 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 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 tribunals established to try cases of war crimes, genocide, and crimes against humanity. 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. 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 Appropriations 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 Administrator shall jointly submit a report to the Committees on Appropriations, in classified form if necessary, detailing the findings, conclusions, and recommendations of the evaluation of the Partner Vetting System pilot program and recommendations for any new partner vetting program: , 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. Provided The Secretary of State and USAID Administrator may initiate a partner vetting program to mitigate the risk of diversion of foreign assistance, or make significant modifications to any existing partner vetting program, only following consultation with the Committees on Appropriations: , That the Secretary and Administrator should provide a direct vetting option for prime awardees in any partner vetting program initiated after the date of the enactment of this Act. Provided 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 None of the funds appropriated in titles I and III of this Act may be used for the preservation of religious sites unless the Secretary of State or the USAID Administrator, as appropriate, determines and reports to the Committees on Appropriations that such sites are historically, artistically, or culturally significant, that the purpose of the project is neither to advance nor to inhibit the free exercise of religion, and that the project is in the national interest of the United States. 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 contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2017. 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 ; and 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 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 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. . Prior to implementing any reorganization of the Department of State or the United States Agency for International Development, 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 Appropriations on such reorganization: That such report shall include a detailed justification and analysis containing— Provided, the impact on personnel, both foreign service and civil service; the process used to identify the merger, closing or termination of any operating unit, including the process used to assess the impact of such action on programs, projects, and activities funded by this Act; the impact any such merger, closing or termination would have on the ability to conduct adequate monitoring and oversight of foreign assistance programs; and the national security interest served by each such merger, closing or termination, including a determination that such merger, closing or termination will not expand the influence of any adversary or competitor of the United States, including foreign terrorist organizations. 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 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: , 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, Egypt, 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 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 paragraph

(1)from prior Acts making appropriations for the Department of State, foreign operations, and related programs that were previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act. 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 $47,000,000 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 ), 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 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 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 respective tables in the explanatory statement described in section 4 (in the matter preceding division A of this Consolidated Act). 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. 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 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 or similar phrases means funds appropriated or otherwise made available only in such title. In this Act, the term spend plan means a plan for the uses of funds appropriated for a particular entity, country, program, purpose, or account and which shall include, at a minimum, a description of— realistic and sustainable goals, and a timeline for achieving such goals; amounts and sources of funds by account; criteria for measuring progress in achieving such goals; how such funds will complement other ongoing or planned programs; and implementing partners, to the maximum extent practicable.

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