[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2028 Enrolled Bill (ENR)]
H.R.2028
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2016, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited the ``Further Continuing and Security
Assistance Appropriations Act, 2017''.

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Except as expressly provided otherwise, any reference to ``this
Act'' contained in division B of this Act shall be treated as referring
only to the provisions of that division.

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TITLE II

-Department of State, Foreign Operations, and Related Agencies

(a) Each amount designated in this Act, or in an amendment made by
this Act, by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
(b) Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985 shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.

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additional amounts appropriated by this title to appropriations
accounts in this Act shall be available under the authorities and
conditions applicable to such appropriations accounts for fiscal year
2017.
notification requirement

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for obligation unless the Secretary of State or the Administrator of
the United States Agency for International Development, as appropriate,
has notified the Committees on Appropriations in writing at least 15
days in advance of such obligation: Provided, That the requirement of
this section shall not apply to funds made available by this title
under the headings ``Department of State--Administration of Foreign
Affairs--Office of Inspector General'', ``United States Agency for
International Development--Funds Appropriated to the President--Office
of Inspector General'', ``Bilateral Economic Assistance--Funds
Appropriated to the President--International Disaster Assistance'', and
``Bilateral Economic Assistance--Department of State--Migration and
Refugee Assistance''.
transfer authority

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``Diplomatic and Consular Programs'', including for Worldwide Security
Protection, and ``Embassy Security, Construction, and Maintenance'' may
be transferred to, and merged with, funds appropriated by this title
under such headings if the Secretary of State determines and reports to
the Committees on Appropriations that to do so is necessary to
implement the recommendations of the Benghazi Accountability Review
Board, or to prevent or respond to security situations and
requirements.
(b) Funds appropriated by this title under the headings
``International Disaster Assistance'' and ``Migration and Refugee
Assistance'' may be transferred to, and merged with, funds appropriated
by this title under such headings.
(c) Funds appropriated by this title under the headings ``Economic
Support Fund'' and ``Assistance for Europe, Eurasia and Central Asia''
may be transferred to, and merged with, funds appropriated by this
title under the heading ``International Disaster Assistance''.
(d) Funds appropriated by this title under the headings
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
``Peacekeeping Operations'', and ``Foreign Military Financing Program''
may be transferred to, and merged with, funds appropriated by this
title under such headings.
(e) The transfer authority provided by this section shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided, That such
transfer authority is in addition to any transfer authority otherwise
available under any other provision of law.
consolidated reporting requirement

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prior to the initial obligation of funds made available by this title,
the Secretary of State and the Administrator of the United States
Agency for International Development shall submit a consolidated report
to the Committees on Appropriations on the anticipated uses of such
funds on a country and project basis for which the obligation of funds
is anticipated, including estimated personnel and administrative costs:
Provided, That such report shall be updated and submitted to such
Committees every 60 days until September 30, 2018, and every 180 days
thereafter until all funds have been expended: Provided further, That
funds appropriated by this title under the headings ``International
Disaster Assistance'' and ``Migration and Refugee Assistance'' may be
obligated prior to submission of the report required by this section.
loan authority

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``Economic Support Fund'' and in prior Acts making appropriations for
the Department of State, foreign operations, and related programs under
such heading may be made available for the costs, as defined in section
502 of the Congressional Budget Act of 1974, of loan guarantees for
Iraq, which are authorized to be provided: Provided, That amounts made
available under this subsection for the costs of such guarantees shall
not be considered assistance for the purposes of provisions of law
limiting assistance to a country: Provided further, That the Secretary
of State should obtain a commitment from the Government of Iraq that
such government will make available the proceeds of such financing to
regions and governorates, including the Kurdistan Region of Iraq, in a
manner consistent with the principles of equitable share of national
revenues contained in clause ``Third'' of Article 121 of the
Constitution of Iraq: Provided further, That such funds shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations, except that any such
notification shall include a detailed summary of the terms and
conditions of such financing and an assessment of the extent to which
the proposed financing agreement between the Governments of the United
States and Iraq supports the constitutional principles of equitable
share of national revenues to regions and governorates, including the
Kurdistan Region of Iraq.
(b) Notwithstanding any provision of this Act, the authority
provided by section 1101 of division O of the Consolidated
Appropriations Act, 2016 (Public Law 114-113) shall continue in effect
through fiscal year 2017: Provided, That any notification submitted
pursuant to such section shall include a detailed summary of the terms
and conditions of such loan and an assessment of the extent to which
use of the proposed loan proceeds would place special emphasis on the
Kurdish Peshmerga, Sunni tribal security forces, or other local
security forces, with a national security mission.
(c) Funds made available pursuant to this section and section
7034(o)(1) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2016 (division K of Public Law 114-113)
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 and shall be available
only if the President subsequently so designates all such amounts and
transmits such designations to the Congress.
personal services contracts

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terrorism and countering violent extremism programs, including
activities to counter the Islamic State of Iraq and the Levant, may be
used to enter into contracts with individuals for the provision of
personal services (as described in section 37.104 of title 48, Code of
Federal Regulations (48 CFR 37.104)) in the United States or abroad:
Provided, That such individuals may not be deemed employees of the
United States for the purposes of any law administered by the Office of
Personnel Management: Provided further, That the authority made
available pursuant to this section shall expire on September 30, 2018.
This division may be cited as the ``Security Assistance
Appropriations Act, 2017''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Further Continuing and Security Assistance Appropriations Act, 2017 — HR. 2028

Other Sections

DIVISION B / TITLE II

DIVISION A

DIVISION B

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