Sec. 7034.

3,588 words·~16 min read·/bill/115/s/1780/pcs/section-7034

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 2018. Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $10,000,000, in addition to other funds in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are available for assistance for countries, 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, 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 , up to $1,000,000 may be made available for DNA assistance 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 . 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 under titles III and IV of this Act shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961 and following consultation with the Committees on Appropriations, for assistance to eliminate torture by foreign police, military or other security forces in countries receiving assistance from funds appropriated by this Act. Funds appropriated by this Act under the headings Peacekeeping Operations and Foreign Military Financing Program that are made available for lethal assistance, including to combat extremism, shall also be made available for combat casualty care training and equipment, except that such training and equipment shall meet the standards set forth by the United States military.

Of the funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement , Peacekeeping Operations , and Foreign Military Financing Program , up to $10,000,000 may be transferred to, and merged with, funds previously made available under the heading Global Security Contingency Fund . The Secretary of State shall withhold funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for the central government of a country if the Secretary determines and reports to the Committees on Appropriations that such government has engaged in, planned, or facilitated unconventional attacks against United States Government personnel stationed or traveling abroad, including through the use of acoustic technology.

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 shall be made available to leverage additional contributions for the World Food Programme from sources other than the United States Government: , That the Secretary of State shall consult with the Committees on Appropriations prior to obligating funds for such purpose.

Provided 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 the Foreign Relations Authorization Act, Fiscal Year 1979 ( 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 2018: 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.

None of the funds made available by this Act may be used to modify the Exchange Visitor Program administered by the Department of State to implement the Mutual Educational and Cultural Exchange Act of 1961, as amended, ( Public Law 87–256 ; 22 U.S.C. 2451 et seq.), except through the formal rulemaking process pursuant to the Administrative Procedures Act and notwithstanding the exceptions to such rulemaking process in such Act: , That funds made available for such purpose shall only be made available after consultation with, and subject to the regular notification procedures of, the Committees on Appropriations, regarding how any proposed modification would affect the public diplomacy goals of, and the estimated economic impact on, the United States.

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 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: , 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 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: , That not more than $50,000,000 may be transferred.

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 subsection. 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 2018.

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 ; 123 Stat. 1906) 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).

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, 2018. 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 ( Public Law 111–32 ; 123 Stat. 1905)) 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 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 ; 124 Stat. 2332) 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 . Funds appropriated by this Act that are available for monitoring and evaluation of assistance under the headings Development Assistance , 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, as appropriate, require implementing partners that receive funds under such headings to establish procedures for regularly collecting and responding to such feedback, inform the Department of State and USAID of such procedures, and report to the Department of State and USAID on actions taken in response to the feedback received: 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. Provided further 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 108–447 ) may be made available for pharmaceuticals and other products for other global health and child survival 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 108–447 ) 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 Egypt, Jordan, Iraq, Tunisia, and Ukraine, 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 ; 125 Stat. 1223) 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, 2028. 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 Local Sustainability Awards Program pursuant to section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 ( 22 U.S.C. 2151i ), which may remain available until September 30, 2022. For the purposes of section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act 2015 ( 22 U.S.C. 2151i ), 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 The Small Grants Program established pursuant to section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 ( 22 U.S.C. 2151i ) shall hereafter be referred to as the Local Sustainability Awards Program . Section 209 of the Foreign Service Act of 1980 ( 22 U.S.C. 3929 ) is amended by adding at the end the following new subsection: The Inspector General shall have the authority to waive the provisions of subsections

(a)through

(d)of section 824(a) ( 22 U.S.C. 4064(a) ) on a case-by-case basis for an annuitant reemployed by the Inspector General on a temporary basis— if, and for so long as, such waiver is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances; or if the annuitant is employed in a position for which there is exceptional difficulty in recruiting or retaining a qualified employee. The Inspector General should prescribe procedures for the exercise of any authority under paragraph (1)(B), including criteria for any exercise of authority and procedures for a delegation of authority. A reemployed annuitant as to whom a waiver under this subsection is in effect shall not be considered a participant for the purposes of subchapter I or II of chapter 8 of the Foreign Service Act of 1980 ( 22 U.S.C. 4041 et seq., 4071 et seq.), or an employee for purposes of chapter 83 or 84 of title 5. . 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 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, criteria for measuring progress, and a timeline for achieving such goals; amounts and sources of funds by account; how such funds will complement other ongoing or planned programs; and implementing partners, to the maximum extent practicable. In this Act, the terms Assistant Secretary and Under Secretary shall include individuals appointed by the President and confirmed by the Senate to serve in such designated positions, as well as individuals serving in acting capacities or performing functions pursuant to alter ego delegations with such designated Assistant Secretary and Under Secretary positions.

Connectionstraces to 14

Traces to 14 documents

public-private-law

U.S. Code