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Code · BILL · 115th Congress · H.R. 3354 (Engrossed in House) — Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year endin... · Sec. 7034

Sec. 7034.

2,379 words·~11 min read·/bill/115/hr/3354/eh/section-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. 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 2018.
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 2018. 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 2017, 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:
Provided , That prior to the obligation of funds for such purposes, the Secretary of State shall consult with the Committees on Appropriations. 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 the heading Foreign Military Financing Program in the report accompanying this Act.
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. 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 amount made available under the heading Diplomatic and Consular Programs , not to exceed $1,000,000 may be used to make 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: Provided , That each individual award may not exceed $100,000: Provided further , That no more than 10 such awards may be made during fiscal year 2018: Provided further , That for purposes of this paragraph the term “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.
The report required by section 502(d) of the Intelligence Authorization Act for Fiscal Year 2017 (division N of Public Law 115–31 ) shall be provided to the Committees on Appropriations. The Secretary of State and USAID Administrator may initiate a partner vetting program to mitigate the risk of diversion of foreign assistance, or make significant modifications to any existing partner vetting program, only following consultation with the Committees on Appropriations: Provided , 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.
During fiscal year 2018, the President may use up to $125,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law. The Secretary of State should withhold funds appropriated under title III of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980:
Provided , That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection. 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 2018, 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:
Provided , That not more than $50,000,000 may be transferred. None of the funds appropriated or otherwise made available by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available as a contribution, grant, or any other payment to the Green Climate Fund. 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, 2018 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, 2018. 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, 2018 for October 1, 2010 in subparagraph (B). 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 2017 and inserting 2017, and 2018 ; and in subsection (e), by striking 2017 each place it appears and inserting 2018 ; and in section 599E ( 8 U.S.C. 1255 note) in subsection (b)(2), by striking 2017 and inserting 2018 .
The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 ) shall remain in effect through September 30, 2018. Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011) is amended by striking 2018 and inserting 2019 . 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 2018 and inserting 2018, and 2019 . Prior to implementing any reorganization of the Department of State or USAID, including any action taken pursuant to the March 13, 2017 Executive Order No. 13781 on a Comprehensive Plan for Reorganizing the Executive Branch, the Secretary of State shall submit a report to the appropriate congressional committees on such reorganization:
Provided , That such report shall include— a detailed justification and analysis for each major element of such reorganization plans, including any proposals to— eliminate or consolidate covered departments, agencies, or organizations, including bureaus and offices within such departments, agencies, or organizations, with duplicative or overlapping programs or missions; expand, reconfigure, eliminate, or consolidate the United States official presence overseas, including through the disposal of excess property, at bilateral, regional, or multilateral embassies and missions; reduce, modernize, or otherwise modify the workforce of the Department of State and USAID, including Civil Service and Foreign Service, eligible family members, and locally employed staff; and improve the efficiency, effectiveness, performance, and accountability of the Department of State and USAID, including through modernizing information technology platforms and streamlining administrative functions; and projections of cost savings and efficiencies achieved through implementation of each element, an analysis of the impact of any such change on the ability to advance the national interests of the United States through diplomacy and development and to conduct adequate monitoring and oversight of foreign assistance programs, and any legislative change necessary to implement such proposals.
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: Provided , That the authority in section 525(b)(5) of the Foreign Operations, Export Financing, and Related Programs Appropriation 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, balances, and reimbursements related to such fund. 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:
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 further , That funds made available pursuant to this subsection shall be subject to prior consultation with the appropriate congressional committees, and the regular notification procedures of the Committees on Appropriations: Provided further , That amounts made available pursuant to this subsection from prior Acts 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 and shall be available only if the President subsequently so designates all such amounts and transmits such designations to the Congress.
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 criteria for measuring progress and a timeline for achieving such goals; and amounts and sources of funds by account.
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