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. Of the funds appropriated by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement , not less than $5,000,000 shall be made available for programs to prevent atrocities, including to implement recommendations of the Atrocities Prevention Board: , That the Under Secretary for Civilian Security, Democracy, and Human Rights, Department of State, shall be responsible for providing the strategic policy direction for, and policy oversight of, funds made available pursuant to this subsection to the Bureaus of International Narcotics and Law Enforcement Affairs and Democracy, Human Rights, and Labor, Department of State:

Provided , That funds made available pursuant to this subsection are in addition to amounts otherwise made available for such purposes: Provided further , That such funds shall be subject to the regular notification procedures of the Committees on Appropriations. Provided further 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 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 2019: 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 Procedure 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 report required by section 502(d) of the Intelligence Authorization Act for Fiscal Year 2017 (division N of Public Law 115–31 ; 22 U.S.C. 254a note) shall be provided to the Committees on Appropriations. Of the funds appropriated by this Act under the headings Global Health Programs , Development Assistance , and Economic Support Fund that are made available for private sector partnerships, up to $100,000,000 may remain available until September 30, 2022: , That funds made available pursuant to this paragraph may be reprogrammed after September 30, 2021 for other purposes following prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

Provided Prior to initiating a partner vetting program, or making significant changes to the scope of an existing partner vetting program, the Secretary of State and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations: , That USAID partner vetting shall be considered to meet any other requirement to establish, maintain, or implement a partner vetting or similar program. Provided During fiscal year 2019, 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.

Of the unobligated balances from amounts available for Worldwide Security Protection under the Diplomatic and Consular Programs heading in the Security Assistance Appropriations Act, 2017 (division B of Public Law 114–254 ), up to $301,200,000 may be used to develop and implement emergency evacuation contingency plans: , That such amounts 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:

Provided , That funds made available by this paragraph shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. Provided further 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 Programs for fiscal year 2019, 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 use of the authority of this subsection shall be subject to prior consultation with the appropriate congressional committees, and the regular notification procedures of the Committees on Appropriations.

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 2019. 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, 2019 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, 2019.

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, 2019 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 ) shall remain in effect through September 30, 2019. 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 )) 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 2018 and inserting 2018, and 2019 ; and in subsection (e), by striking 2018 each place it appears and inserting 2019 ; and in section 599E ( 8 U.S.C. 1255 note) in subsection (b)(2), by striking 2018 and inserting 2019 . The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 ) shall remain in effect through September 30, 2019. 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, 2019, except that the notification and reporting requirements contained in such section shall include the Committees on Appropriations. Notwithstanding any other provision of law, any employee of the Special Inspector General for Afghanistan Reconstruction (SIGAR) who completes at least 12 months of continuous service after the date of enactment of this Act or who is employed on the date on which SIGAR terminates, whichever occurs first, shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications. Section 7081(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 ) shall continue in effect during fiscal year 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 establish procedures for implementing partners that receive funds under such headings for regularly collecting and responding to such feedback, informing the Department of State and USAID of such procedures, and reporting 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 regularly conduct oversight to ensure that such feedback is regularly 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 Jordan, 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 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 $50,000,000 shall be made available for Local Works 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, 2023. For the purposes of section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (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 Not later than 45 days after enactment of this Act, the USAID Administrator shall post on the USAID website— a description, with illustrative examples, of how Local Works is used to promote locally owned and led development efforts that have as their primary goal the sustainability of results; the criteria for qualifying for Local Works funding; simple guidance for submitting proposals for Local Works funding, including unsolicited proposals; and a copy of the report and strategy required under the heading Local Sustainability Awards Program in Senate Report 115–152, which shall be retitled Local Works . The Inspector General of the Department of State may waive the provisions of subsections

(a)through

(d)of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ) on a case-by-case basis for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection

(g)of such section. 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. For purposes of 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 Afghanistan, Iraq, Libya, Syria, and Yemen, the term humanitarian assistance includes creating conditions where locally legitimate authorities and systems can peaceably manage conflict and prevent violence. 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 term stabilization assistance has the same meaning as defined by the Stabilization Assistance Review in A Framework for Maximizing the Effectiveness of U.S. Government Efforts to Stabilize Conflict-Affected Areas, 2018 .

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