Summary: S.3117 — 114th Congress (2015-2016)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to Senate without amendment (06/29/2016)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Highlights:

This bill provides FY2017 appropriations for diplomatic and international assistance programs, including the Department of State, the U.S. Agency for International Development and related agencies and programs.

The bill includes funding for the administration of foreign affairs, U.S. contributions to international organizations and commissions, bilateral economic assistance, international security assistance, multilateral assistance, and export and investment assistance.

The bill also includes additional Overseas and Contingency Operations (OCO)/ Global War on Terrorism funding which is exempt from discretionary spending limits.

The bill decreases Department of State, Foreign Operations, and Related Programs funding below FY2016 levels.

Full Summary:

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017

Provides FY2017 appropriations for the Department of State, foreign operations, and related programs.

TITLE I--DEPARTMENT OF STATE AND RELATED AGENCY

Provides appropriations to the Department of State for the Administration of Foreign Affairs, including:

  • Diplomatic and Consular Programs;
  • the Capital Investment Fund;
  • the Office of Inspector General;
  • Educational and Cultural Exchange Programs;
  • Representation Expenses;
  • Protection of Foreign Missions and Officials;
  • Embassy Security, Construction, and Maintenance;
  • Emergencies in the Diplomatic and Consular Service;
  • the Repatriation Loans Program Account;
  • Payment to the American Institute in Taiwan;
  • the International Center, Washington, District of Columbia; and
  • Payment to the Foreign Service Retirement and Disability Fund.

Provides appropriations for International Organizations for Contributions to International Organizations and Contributions for International Peacekeeping Activities.

Provides appropriations for International Commissions, including:

  • the International Boundary and Water Commission, United States and Mexico;
  • Salaries and Expenses;
  • Construction;
  • American Sections, International Commissions; and
  • International Fisheries Commissions.

Provides appropriations to the Broadcasting Board of Governors for International Broadcasting Operations and Broadcasting Capital Improvements.

Provides appropriations for Related Programs, including:

  • the Asia Foundation,
  • the U.S. Institute of Peace,
  • the Center for Middle Eastern-Western Dialogue Trust Fund,
  • the Eisenhower Exchange Fellowship Program,
  • the Israeli Arab Scholarship Program,
  • the East-West Center, and
  • the National Endowment for Democracy.

Provides appropriations for Other Commissions, including:

  • the Commission for the Preservation of America's Heritage Abroad,
  • the U.S. Commission on International Religious Freedom,
  • the Commission on Security and Cooperation in Europe,
  • the Congressional-Executive Commission on the People's Republic of China, and
  • the United States-China Economic and Security Review Commission.

TITLE II--UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Provides appropriations to the U.S. Agency for International Development (USAID) for:

  • Operating Expenses,
  • the Capital Investment Fund, and
  • the Office of Inspector General.

TITLE III--BILATERAL ECONOMIC ASSISTANCE

Provides appropriations to the President for:

  • Global Health Programs;
  • Development Assistance;
  • International Disaster Assistance;
  • Transition Initiatives;
  • the Complex Crises Fund;
  • Development Credit Authority;
  • the Economic Support Fund;
  • the Democracy Fund; and
  • Assistance for Europe, Eurasia, and Central Asia.

Provides appropriations to the State Department for: (1) Migration and Refugee Assistance, and (2) the U.S. Emergency Refugee and Migration Assistance Fund.

Provides appropriations to Independent Agencies, including:

  • the Peace Corps,
  • the Millennium Challenge Corporation,
  • the Inter-American Foundation, and
  • the U.S. African Development Foundation.

Provides appropriations to the Department of the Treasury for International Affairs Technical Assistance.

TITLE IV--INTERNATIONAL SECURITY ASSISTANCE

Provides appropriation to the State Department and the President for International Security Assistance.

Provides appropriations to the State Department for:

  • International Narcotics Control and Law Enforcement;
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs; and
  • Peacekeeping Operations.

Provides appropriations to the President for: (1) International Military Education and Training; and (2) the Foreign Military Financing Program.

TITLE V--MULTILATERAL ASSISTANCE

Provides appropriations to the President for International Organizations and Programs.

Provides appropriations for International Financial Institutions, including payments to:

  • the International Bank for Reconstruction and Development, including the Global Environmental Facility and the Green Climate Fund;
  • the International Development Association;
  • the Inter-American Development Bank;
  • the Asian Development Fund;
  • the African Development Bank;
  • the African Development Fund;
  • the International Fund for Agricultural Development;
  • the Global Agriculture and Food Security Program; and
  • the North American Development Bank.

TITLE VI--EXPORT AND INVESTMENT ASSISTANCE

Provides appropriations for Export and Investment Assistance to:

  • the Export-Import Bank of the United States,
  • the Overseas Private Investment Corporation, and
  • the Trade and Development Agency.

TITLE VII--GENERAL PROVISIONS

Sets forth requirements and restrictions for the use of funds provided by this and other appropriations Acts.

(Sec. 7001) Permits funds provided by title I of this bill to be used for allowances and differentials, the employment of temporary or intermittent experts and consultants, and for hire of passenger transportation.

(Sec. 7002) Requires agencies funded by this bill to submit to Congress reports on unobligated balances.

(Sec. 7003) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law.

(Sec. 7004) Prohibits funds provided by title I of this bill to construct a U.S. diplomatic facility from being used to include office space or other accommodations for an employee of any agency that has not provided the State Department with its required share of the costs of constructing and using new diplomatic facilities. Includes an exception for the U.S. Marine Corps.

Sets forth congressional notification and consultation requirements with respect to the use of funds for the acquisition of property or award of construction contracts for overseas diplomatic facilities.

Permits Embassy Security, Construction, and Maintenance funds provided by this bill to be used to address security vulnerabilities at interim, and temporary facilities abroad, subject to specified requirements. Requires congressional notification and consultation prior to the opening, closure, or any significant modification to an interim or temporary diplomatic facility.

Permits specified funds to be transferred to implement the recommendations of the Benghazi Accountability Review Board, or to prevent or respond to security situations and requirements, subject to congressional notification requirements.

Permits specified unobligated Embassy Security, Construction, and Maintenance funds to be transferred to the Worldwide Security Upgrades-Compound Security Program for physical security upgrades of soft targets.

(Sec. 7005) Requires costs incurred by agencies funded in title I of this bill due to personnel actions in response to funding reductions included in this bill to be absorbed within the resources available under title I. Permits the transfer of funds between accounts to comply with this section, subject to reprogramming procedures.

(Sec. 7006) Permits the State Department to award certain local guard contracts on the basis of best value as determined by a cost-technical tradeoff analysis, subject to congressional notification requirements.

Provides specified funds to strengthen oversight of the local guard force at a critical post abroad through the use of U.S. government employees or contractors who are U.S. citizens.

(Sec. 7007) Prohibits the use of funds provided by titles III through VI of this bill for direct assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria.

(Sec. 7008) Prohibits the use of funds provided by titles III through VI of this bill for assistance to any country whose duly elected head of government is deposed by a military or military-supported coup or decree. Includes exceptions if a democratically elected government has taken office and for assistance to promote democratic elections.

(Sec. 7009) Sets forth limitations, conditions, and reporting requirements for the transfer of funds between appropriations accounts.

(Sec. 7010) Prohibits funds provided by this bill from being used for first-class travel by employees of agencies funded by this bill.

(Sec. 7011) Prohibits funds provided by this bill from remaining available for obligation beyond the current fiscal year unless expressly provided in this bill, subject to specified exceptions.

(Sec. 7012) Prohibits funds provided by titles III through VI of this bill from being used for assistance to the government of any country in default in excess of a year on payments on a U.S. loan unless the President determines the assistance is in the U.S. national interest.

(Sec. 7013) Prohibits funds provided by titles III through VI of this bill from being used to provide assistance to a country in which the assistance is subject to taxation and not reimbursed by the foreign government unless the State Department makes certain determinations regarding U.S. foreign policy interests.

Includes an exception for de minimis taxes. Requires funds that are withheld pursuant to this section to be reprogrammed for assistance for countries that: (1) do not assess taxes on U.S. assistance or that have an arrangement to provide substantial reimbursement of such taxes, and (2) can reasonably accommodate the assistance in a programmatically responsible manner.

(Sec. 7014) Permits specifically designated appropriations provided by titles III through VI of this bill to be reprogrammed for other programs within the same account if compliance with the designation is made impossible due to a provision in this or any other Act.

Extends the availability of program-specific appropriations for one fiscal year if the State Department or the USAID reports to Congress that the termination of assistance to a country or a change in circumstances makes it unlikely that funds can be used during the original period of availability.

Provides that: (1) ceilings and specific funding levels included in this bill are not applicable to funds provided by subsequent bills, and (2) specific funding levels or minimum funding requirements contained in other Acts are not applicable to funds provided by this bill.

(Sec. 7015) Sets forth congressional notification requirements and procedures regarding the use, reprogramming, transfer, or withholding of funds provided by this bill.

(Sec. 7016) Requires the Department of Defense (DOD) to notify Congress before: (1) providing certain excess defense articles under the Foreign Assistance Act of 1961, or (2) issuing a letter of offer to sell certain defense articles under the Arms Export Control Act.

(Sec. 7017) Provides that: (1) certain funds included in titles I and III through V of this bill that are returned or not made available for international organizations shall remain available through FY2019, and (2) specified requirements to withhold funds for programs in Burma do not apply to funds provided by this bill.

(Sec. 7018) Prohibits funds provided to carry out part I of the Foreign Assistance Act of 1961 from being used for abortions and involuntary sterilization.

(Sec. 7019) Requires funds provided by this bill to be made available for programs and countries in the amounts contained in the tables in the report accompanying this bill. Permits certain deviations from the amounts and specifies requirements and restrictions for the deviations.

(Sec. 7020) Prohibits certain funds from being used to pay for alcoholic beverages or entertainment expenses for recreational activities.

(Sec. 7021) Prohibits assistance for governments engaged in specified activities that support international terrorism.

(Sec. 7022) Permits funds provided by this bill for the Trade and Development Agency to be spent, notwithstanding specified provisions that prohibit the obligation of funds for certain foreign assistance, intelligence, and broadcasting activities without a specific authorization of appropriations.

(Sec. 7023) Defines the terms "program," "project," and "activity" for the purposes of this bill.

(Sec. 7024) Provides specified Economic Support Fund appropriations for assistance for areas liberated from, or under the influence of, extremist organizations in and around the Near East and Africa regions. Specifies that the funds are to be considered the Near East and Africa Relief and Recovery Fund.

(Sec. 7025) Prohibits specified funds provided by this bill from being used for activities related to the production, growth, or extraction of commodities for export by foreign countries if the commodities are likely to be in surplus on world markets or cause substantial injury to U.S. producers of the same, similar, or competing commodities, subject to specified exceptions. Directs Treasury to instruct the U.S. executive directors of the international financial institutions to oppose assistance for these activities.

(Sec. 7026) Directs the USAID to require countries that receive foreign assistance or cash transfers which result in the generation of local currencies to deposit the currencies in a separate account to be used to finance foreign assistance activities. Sets forth conditions and restrictions for the use of the funds.

(Sec. 7027) Provides that restrictions on assistance for a country included in this or any other Act should not be construed to restrict assistance: (1) in support of nongovernmental organizations included in specified provisions of this bill, and (2) under the Food for Peace Act.

Provides that this section does not alter prohibitions against funding for abortions, involuntary sterilizations, and countries that support international terrorism or violate human rights.

(Sec. 7028) Sets forth the conditions under which the USAID may use funds provided by this bill for limited competitions through local entities.

Requires the USAID to report to Congress annually on certain awards subject to limited or no competition for local entities.

Extends the authority for the USAID to enter into contracts where competition is limited to local entities if certain conditions are met.

(Sec. 7029) Requires the Department of the Treasury to instruct the U.S. executive director of certain international financial institutions to seek to require the institution to meet specified requirements regarding:

  • evaluations and reports on the effectiveness of loans, grants, and other activities;
  • social and environmental safeguards;
  • human rights;
  • fraud and corruption;
  • publication of beneficial ownership information; and
  • whistleblower protections.

Prohibits funds provided under title V of this bill from being used for international financial institutions while the U.S. executive director is compensated above specified levels.

(Sec. 7030) Permits nongovernmental organizations that are USAID grantees or contractors to place local currencies which accrue to that organization as a result of economic assistance provided by title III of this bill in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.

(Sec. 7031) Limits direct government-to-government assistance to recipient agencies and ministries that meet specified requirements regarding financial management, budget transparency, corruption, foreign terrorist organizations, and human rights violations. Sets forth congressional reporting, notification, consultation requirements regarding government-to-government assistance.

Prohibits funds provided by this bill from being used by foreign countries for debt service payments to any international financial institution.

Specifies that officials of foreign governments and their immediate family members who have been involved in significant corruption or a gross violation of human rights are ineligible for entry into the United States, subject to specified exceptions and waivers.

Permits funds provided by this bill to be used to:

  • promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources,
  • prevent the sale of conflict diamonds,
  • provide technical assistance to promote independent audit mechanisms and support civil society participation in natural resource management, and
  • to support the provision of additional information on U.S. foreign assistance on the Department of State foreign assistance website.

Requires Treasury to inform international financial institutions that it is U.S. policy to vote against assistance to any country for the extraction and export of a natural resource unless the government of the country meets specified requirements regarding accounting, public disclosure, and audits of payments to companies involved in the extraction.

(Sec. 7032) Provides specified funds for democracy programs and allocates the funds to specified regions and programs.

(Sec. 7033) Provides appropriations for specified programs related to promoting international religious freedom, including:

  • the Office of International Religious Freedom;
  • the Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia;
  • programs to protect vulnerable and persecuted religious minorities and investigate persecution of religious minorities;
  • transitional justice, reconciliation, and reintegration programs in the Middle East and North Africa regions;
  • humanitarian programs;
  • international broadcasting; and
  • the Atrocities Prevention Fund.

Requires the President to identify any non-state entities that have engaged in significant violations of religious freedom, and designate each entity as a non-state entity of particular concern for religious freedom.

(Sec. 7034) Permits specified funds provided by this bill to be used for:

  • victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking;
  • programs to disarm, demobilize, and reintegrate into civilian society former members of foreign terrorist organization;
  • the World Food Program;
  • genocide victims memorial sites;
  • grants for the application of science and technology to foreign policy;
  • the Cultural Antiquities Task Force;
  • innovation incentive awards to encourage solutions related to the alleviation of poverty;
  • contingencies;
  • loan guarantees for Jordan, Ukraine, Iraq, and Tunisia;
  • direct loans for Iraq;
  • enterprise funds for Egypt and Tunisia.

Prohibits funds provided by this bill from being used for:

  • supporting military training or operations that include child soldiers; and
  • 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.

Requires specified funds provided by this bill to be used for:

  • forensic anthropology assistance relating to the exhumation of mass graves and identification of victims of war crimes and crimes against humanity, including in Iraq, Guatemala, and Sri Lanka;
  • increasing women's participation in military training and education programs;
  • assistance to eliminate inhumane conditions in foreign prisons and other detention facilities;
  • the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union;
  • the Partner Vetting System pilot program; and
  • the Small Grants Program.

Permits specified funds provided under the Foreign Assistance Act of 1961 to support a nation emerging from instability to include support for a regional, district, municipal, or other sub-national entity emerging from instability.

Specifies that funds provided by this bill for the 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. Permits the State Department to waive the restriction if it is in the national interest.

Requires the State Department to report to Congress on: (1) funds spent during FY2016 for specified accounts related to security assistance, and (2) limitations and vetting of foreign assistance for security forces due to human rights violations.

Requires the State Department to withhold specified funds 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.

Repeals reporting requirements related to: The Israeli-Palestinian Peace, Reconciliation and Democracy Fund; assistance provided for interdiction actions of foreign countries; Sudan; and outstanding expropriation claims.

Permits the State Department to transfer specified funds provided for Protection of Foreign Missions and Officials and Diplomatic and Consular Programs.

Directs the State Department to implement the requirement of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 that A-3 and G-5 visas to applicants of a diplomatic mission or international organization be suspended if its employees are found to have a record of exploiting nonimmigrant employees holding the visas.

Extends or provides authorities related to:

  • passport fees;
  • accountability review boards;
  • incentives for critical posts;
  • the foreign service officer annuitant waiver;
  • the Department of State civil service annuitant waiver;
  • the USAID civil service annuitant waiver;
  • overseas pay comparability and limitation;
  • refugee set-asides for nationals of the former Soviet Union, Estonia, Latvia, or Lithuania who are current, active members of the Ukrainian Catholic Church or the Ukrainian Orthodox Church;
  • status to a lawfully admitted permanent resident for certain aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia;
  • the inspector general annuitant waiver;
  • consular immunity;
  • the U.S. Advisory Commission on Public Diplomacy;
  • special immigrant status for certain Afghans;
  • international expositions;
  • war reserves stock pile authority; and
  • quorum requirements for the Export-Import Bank of the United States;

Amends the Foreign Service Act of 1980 to prohibit the group life insurance supplement employee benefit paid or scheduled to be paid under current law from being used to reduce any other payment to which a recipient is otherwise eligible under federal law.

Requires funds provided by this bill for payments to the Working Capital Fund to be used only for service centers and in amounts justified in the President's FY2017 budget.

Requires specified funds provided by this bill for monitoring and evaluation of assistance in the International Disaster Assistance and Migration and Refugee Assistance accounts to be used for the regular collection of feedback obtained directly from beneficiaries.

Permits funds available in the HIV/AIDS Working Capital Fund to be used for pharmaceuticals and other products for child survival, malaria, and tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other products.

Requires the USAID to use funds provided by this bill for Global Health Programs to implement a pilot program to leverage public and private capital to expand delivery of interventions for maternal and child health.

Provides authority for activities of the Peace Corps, the Inter-American Foundation, and the U.S. African Development Foundation that are authorized by or conducted under specified statutes.

Amends the Millennium Challenge Act of 2003 to establish restrictions on concurrent compacts between the United States and eligible countries. Prohibits more than one additional compact if: (1) one or both of the compacts are or will be for the purposes of economic integration, increased regional trade, or cross-border collaborations; and (2) the country is making considerable and demonstrable progress in implementing the terms of any existing compacts and supplementary agreements and has sustained performance against the eligibility criteria since being selected for the existing compact.

(Sec. 7035) Expresses the sense of Congress on the Arab League boycott of Israel.

(Sec. 7036) Establishes limitations on the use of funds provided under titles III through VI of this bill to support a Palestinian state.

(Sec. 7037) Restricts the use of funds provided by titles II through VI of this bill to create a U.S. government office in Jerusalem to conduct U.S. government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles.

(Sec. 7038) Prohibits funds from being used for assistance to the Palestinian Broadcasting Corporation.

(Sec. 7039) Sets forth restrictions and requirements for assistance provided for the West Bank and Gaza.

(Sec. 7040) Restricts the use of specified funds provided by this bill for assistance to the Palestinian Authority or Hamas.

(Sec. 7041) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in the Middle East and North Africa, including:

  • Egypt,
  • Iran,
  • Iraq,
  • Jordan,
  • Lebanon,
  • Libya,
  • Morocco,
  • Syria,
  • Tunisia,
  • the West Bank and Gaza,
  • the Western Sahara, and
  • Yemen.

(Sec. 7042) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in Africa, including:

  • countries in the African Great Lakes Region,
  • addressing the terrorist organization Boko Haram,
  • Ethiopia,
  • the Lake Chad Basin Countries,
  • areas affected by the Lord's Resistance Army,
  • South Sudan,
  • Sudan, and
  • Zimbabwe.

(Sec. 7043) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in East Asia and the Pacific, including:

  • the Asia Rebalancing Initiative,
  • Burma,
  • Cambodia,
  • North Korea,
  • the People's Republic of China,
  • Thailand,
  • Tibet, and
  • Vietnam.

(Sec. 7044) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in South and Central Asia, including:

  • Afghanistan,
  • Nepal,
  • Pakistan,
  • Sri Lanka, and
  • regional programs.

(Sec. 7045) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in Latin America and the Caribbean, including:

  • implementing the United States Strategy for Engagement in Central America;
  • El Salvador, Guatemala, and Honduras;
  • Colombia;
  • Cuba; and
  • Haiti.

(Sec. 7046) Requires specified funds included in titles III through VI to be made available for assistance for Ukraine.

Prohibits funds provided by this bill from being made available for a government of an independent state of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other independent state of the former Soviet Union, subject to a waiver for national security.

Specifies exceptions to restrictions on providing assistance to the government of Azerbaijan.

(Sec. 7047) Permits the President to drawdown specified funds to support United Nations (U.N.) war crimes tribunals or commissions resolving charges regarding genocide or other violations of international humanitarian law.

Prohibits funds provided by this bill from being used for a U.S. contribution to the International Criminal Court.

Permits funds provided by this bill to be used for technical assistance, training, assistance for victims, protection of witnesses, and law enforcement support related to international investigations, apprehensions, prosecutions, and adjudications of genocide, crimes against humanity, and war crimes

(Sec. 7048) Limits the use of funds provided by this bill for contributions to the U.N. or the Organization of American States until specified transparency and accountability measures are taken by the organizations, subject to a waiver for a humanitarian crisis.

Prohibits funds provided by this bill from being used for:

  • any U.S. delegation or contribution to any specialized agency, body, or commission of the UN that is chaired or presided over by a country that supports international terrorism;
  • the U.N. Human Rights Council unless the State Department determines and reports to Congress that participation in the council is in the U.S. national security interest and that the council is taking significant steps to remove Israel as a permanent agenda item;
  • certain payments to U.N. members for assessments, arrearages, dues, or the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations; and
  • the design, renovation, or construction of the U.N. Headquarters in New York.

Requires the State Department to report to Congress regarding: (1) the United Nations Relief and Works Agency, and (2) funds available for the U.N. or any international program that are withheld due to any provision of law.

(Sec. 7049) Provides funds to the State Department to reform the model memorandum of understanding between the U.N. and any government of a country contributing personnel to U.N. peacekeeping missions, to include specified consequences if the U.N. Secretary-General believes that any government is unwilling or unable to exercise the criminal or disciplinary jurisdiction assured by the government in the memorandum of understanding against personnel accused of certain crimes and offenses.

Requires the State Department to withhold assistance to any unit of the security forces of a foreign country if the unit has engaged in acts of sexual exploitation or abuse, until the government of the country takes effective steps to bring the responsible members of the security forces to justice and to prevent future incidents.

(Sec. 7050) Prohibits funds provided by this bill from being used to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of the products, except for restrictions which are not applied equally to all products of the same type.

(Sec. 7051) Prohibits the use of funds provided by this bill for the attendance of more than 50 U.S.-stationed employees at any single conference outside the United States unless Congress is notified in advance that attendance is important to the national interest.

(Sec. 7052) Permits the transfer of certain aircraft between programs, including for the transportation of active and standby Civilian Response Corps personnel and equipment. Specifies requirements for aircraft coordination.

(Sec. 7053) Withholds specified assistance from foreign countries with unpaid property taxes or parking fines and penalties in the District of Columbia or New York City.

(Sec. 7054) Permits demining equipment available to the State Department or the USAID and used for the clearance of landmines and unexploded ordnance for humanitarian purposes to be disposed of on a grant basis in foreign countries.

Restricts furnishing military assistance, issuing export licenses, and transferring or selling technology relating to cluster munitions.

(Sec. 7055) Prohibits funds provided by this bill from being used for publicity or propaganda purposes within the United States that were not authorized before the enactment of this bill.

Permits the USAID to use specified funds to provide assistance to private and voluntary organizations engaged in facilitating public discussion of world hunger and other related issues.

(Sec. 7056) Requires the Secretary of State, under the direction of the President, to be responsible for the continuous supervision and general direction of economic assistance, law enforcement and justice sector assistance, military assistance, and military education and training programs.

(Sec. 7057) Permits the USAID to use specified funds provided by this bill for:

  • hiring individuals in the United States and overseas on a limited appointment basis, subject to specified terms and conditions;
  • individuals detailed or employed to USAID to respond to disasters;
  • hiring personal services contractors in the United States to support new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained.

Permits extensions of up to four years for limited-appointment Foreign Service personnel.

Permits the USAID to provide exceptions to the fair opportunity process for placing task orders under multiple award indefinite-quantity contracts when the order is placed with a small or small disadvantaged business.

Continues the authority for the USAID to appoint into the Senior Foreign Service and employ up to 10 individuals for programs in Afghanistan or Pakistan.

(Sec. 7058) Permits funds provided by this bill for global health programs, including activities relating to HIV/AIDS, to be made available notwithstanding any other provision of law, subject to specified exceptions. Requires specified funds to be used for family planning and reproductive health.

Withholds specified funds from the Global Fund to Fight AIDS, Tuberculosis, and Malaria until the State Department submits a specified report to Congress.

Permits specified funds to be used to combat infectious disease or a public health emergency, if an international infectious disease outbreak is sustained, severe, and is spreading internationally, or it is in the national interest to respond to a Public Health Emergency of International Concern.

(Sec. 7059) Provides specified funds for programs related to:

  • gender equality;
  • increasing leadership opportunities for women;
  • preventing and responding to gender-based violence; and
  • empowering women as equal partners in conflict prevention, peace building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition; and
  • ensuring the equitable provision of relief and recovery assistance to women and girls.

(Sec. 7060) Allocates specified funds for:

  • basic and higher education,
  • development programs,
  • environment programs,
  • food security and agricultural development,
  • microenterprise and microfinance,
  • programs to combat trafficking in persons and modern slavery,
  • reconciliation programs, and
  • water and sanitation.

Establishes reporting and other requirements for the use of the funds.

(Sec. 7061) Permits specified funds provided by title III of this bill to be transferred to the Overseas Private Investment Corporation Account. Prohibits the funds from being used for administrative expenses.

(Sec. 7062) Prohibits funds provided by this bill from being used to implement the Arms Trade Treaty until the Senate ratifies the treaty.

(Sec. 7063) Requires agencies funded by this bill to provide an Inspector General with timely access to all records, documents, and other materials. Requires each Inspector General funded by this bill to: (1) comply with statutory limitations on the disclosure of information provided by departments and agencies, and (2) report to Congress regarding failures by any U.S. department or agency to provide its Inspector General with access to all requested records, documents, and other materials.

(Sec. 7064) Requires the State Department to notify Congress and provide specified details after concluding an agreement with a country to receive individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo).

(Sec. 7065) Permits Treasury to subscribe to specified additional shares of the capital stock of the North American Development Bank.

(Sec. 7066) Prohibits funds provided by this bill from being used to support or justify the use of torture, cruel, or inhumane treatment by any official or contract employee of the U.S. government.

Permits specified funds provided by this bill to be used for assistance to eliminate torture by foreign police, military or other security forces in countries receiving assistance from funds provided by this bill.

(Sec. 7067) Prohibits the use of funds provided by this bill to assist the governments of certain countries that have refused to extradite to the United States any individual indicted for: (1) a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole, or (2) killing a law enforcement officer. Specifies exceptions and permits the State Department to waive the restrictions based on the national interest.

(Sec. 7068) Permits financing to be provided to Israel, Egypt, the North Atlantic Treaty Organization (NATO), and major non-NATO allies for commercial leasing of certain defense articles from U.S. commercial suppliers, if the President determines that there are compelling foreign policy or national security reasons for providing the articles by commercial lease rather than by government-to-government sale.

(Sec. 7069) Permits funds provided by titles III and IV of this bill to be used to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance.

(Sec. 7070) Prohibits funds provided by this bill from being used for assistance for the central government of: (1) the Russian Federation, or (2) a country that has taken affirmative steps intended to support the Russian Federation annexation of Crimea. Permits a waiver for the national interest.

Prohibits funds provided by this bill from being used for:

  • implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea;
  • facilitation, financing, or guarantee of U.S. government investments in Crimea if the activity includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities; or
  • assistance for Crimea that includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities.

Requires Treasury to instruct the U.S. executive directors of each international financial institution to vote against assistance for any program that violates the sovereignty or territorial integrity of Ukraine or Georgia.

Prohibits funds provided by this bill from being used for:

  • assistance for the central government of a country that has recognized the independence of, or has established diplomatic relations with, the Russian occupied Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia; or
  • to support the Russian occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia.

Permits funds provided by this bill for assistance to the Eastern Partnership countries to be used to advance the implementation of Association Agreements, trade agreements, and visa liberalization agreements with the European Union (EU), and to reduce their vulnerability to Russian economic and political pressure.

Permits funds provided by this bill to be used to support the advancement of democracy and the rule of law in the Russian Federation, including to promote Internet freedom and to support the democracy and rule of law strategy required under current law.

(Sec. 7071) Extends certain International Monetary Fund (IMF) transparency, accountability, and lending requirements to this bill. Directs Treasury to instruct the U.S. Executive Director of the IMF to ensure that any loan will be repaid to the IMF before other private creditors.

(Sec. 7072) Specifies funds that may be obligated for the purposes of the Special Defense Acquisition Fund, including the provision of defense articles and defense services to foreign countries or international organizations.

(Sec. 7073) Provides specified funds for programs related to stability and development in regions impacted by extremism, including:

  • implementing the Department of State and USAID Joint Strategy on Countering Violent Extremism,
  • security and democracy programs in countries whose stability and legitimacy are directly threatened by violence against state institutions by extremists,
  • programs in countries affected by significant populations of internally displaced persons or refugees,
  • grants and cooperative agreements to support women and girls in predominantly Muslim countries and other countries who are at risk from extremism and conflict, and
  • the development of a comprehensive plan by the U.S. Institute of Peace to prevent and address the underlying causes of extremism in the Sahel, Horn of Africa, and Near East regions.

(Sec. 7074) Prohibits funds provided by titles III through VI of this bill from being used for Enterprise Funds unless Congress is notified in advance. Establishes reporting requirements related to Enterprise Funds.

(Sec. 7075) Requires the head of the relevant agency to notify Congress if the President decides not to comply with any provisions of this bill based on constitutional grounds. Requires the notification to include: (1) the basis for the determination, and (2) any resulting program and policy changes.

(Sec. 7076) Sets forth requirements for operating plans, spending plans, spending reports, and congressional budget justifications for specified agencies and programs funded by this bill.

(Sec. 7077) Requires agencies to post reports required to be submitted to Congress on their public websites if it is in the national interest, subject to exceptions for national security or proprietary, privileged, or sensitive information.

Prohibits funds provided by this bill from being used for email accounts or email servers created outside of the .gov domain or not fitted for automated records management as part of a federal government records management program. Establishes reporting and other requirements related to federal records management.

(Sec. 7078) Provides specified funds to be used for programs to promote Internet freedom globally, subject to specified requirements.

(Sec. 7079) Prohibits funds provided by titles III through VI of this bill from being used for:

  • any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees,
  • assistance for any program that contributes to the violation of internationally recognized workers' rights in the recipient country,
  • any assistance to an entity outside the United States for the purpose of relocating or transferring jobs from the United States to other countries, or
  • to implement specified policies that would have the effect of prohibiting any coal-fired or other power-generation project the purpose of which is to increase exports of goods and services from the United States or prevent the loss of jobs in the United States.

(Sec. 7080) Permits funds provided by this bill for the Economic Support Fund to be used for USAID programs to address the needs and protect and promote the rights of people with disabilities in developing countries.

(Sec. 7081) Requires any bilateral country assistance strategy developed after the date of enactment of this bill to include a transition plan identifying end goals and options for winding down, within a targeted period of years, the bilateral assistance.

(Sec. 7082) Establishes the Consular and Border Security Programs account within the Treasury. Requires specified fees to be deposited into the account for the purpose of the consular border and security programs.

(Sec. 7083) Amends the Department of State and Related Agencies Appropriations Act, 1999 to modify the border crossing card fee for aliens under 15 years of age.

(Sec. 7084) Provides appropriations for the U.N. Population Fund and specifies requirements and restrictions for the funds.

Amends the Foreign Assistance Act of 1961 to provide that a foreign nongovernmental organization shall not be:

  • ineligible for assistance solely on the basis of health or medical services provided by the organization with non-U.S. government funds if the services are permitted in the country where they are provided and are legal in the United States, or
  • subject to requirements relating to the use of non-U.S. government funds for advocacy and lobbying activities other than those that apply to U.S. nongovernmental organizations receiving assistance.

TITLE VIII--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

Provides additional FY2017 appropriations for Overseas Contingency Operations/ Global War on Terrorism, which are exempt from discretionary spending limits.

Provides appropriations to the State Department for Administration of Foreign Affairs, including:

  • Diplomatic and Consular Programs;
  • the Office of Inspector General; and
  • Embassy Security, Construction, and Maintenance.

Provides appropriations for Contributions to International Organizations and Contributions for International Peacekeeping Activities.

Provides appropriations to the USAID for Operating Expenses and the Capital Investment Fund.

Provides appropriations for Bilateral Economic Assistance, including:

  • International Disaster Assistance;
  • Transition Initiatives;
  • the Complex Crises Fund;
  • the Economic Support Fund;
  • Assistance for Europe, Eurasia, and Central Asia;
  • Migration and Refugee Assistance; and
  • the U.S. Emergency and Migration Assistance Fund.

Provides appropriations for International Security Assistance, including:

  • International Narcotics Control and Law Enforcement;
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs;
  • Peacekeeping Operations; and
  • the Foreign Military Financing Program.

(Sec. 8001) Specifies that funds provided by this title that are designated for Overseas Contingency Operations/Global War on Terrorism are in addition to the funds otherwise provided by this bill for FY2017.

(Sec. 8002) Specifies that additional funds provided by this title and designated for Overseas Contingency Operations/Global War on Terrorism are available under the authorities and conditions that apply to the specified appropriations accounts.

(Sec. 8003) Specifies transfer authorities for funds provided by this title.

(Sec. 8004) Specifies that each amount designated by this bill for or Overseas Contingency Operations/Global War on Terrorism is only available if the President subsequently designates all the amounts and transmits the designations to the Congress.

(Sec. 8005) Rescinds specified funds that were previously appropriated for the Economic Support Fund.

Combating BDS Act of 2016

TITLE IX--MATTERS RELATING TO ISRAEL

(Sec. 9002) Authorizes a state or local government to adopt and enforce measures to divest assets or prohibit the investment of its assets in entities that engage in a commerce-related or investment-related boycott, divestment, or sanctions activity targeting Israel.

(Sec. 9003) Amends the Investment Company Act of 1940 to prohibit any person from bringing any civil, criminal, or administrative action against any registered investment company (including any employee, officers, director or investment adviser of the company) based solely upon the company divesting from or avoiding investing in securities issued by persons that have engaged in commerce-related or investment-related boycotts, divestments, or sanctions activities targeting Israel.