[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3075 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3075
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2022, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 26, 2021
Mr. Coons introduced the following bill; which was read twice and
referred to the Committee on Appropriations
_______________________________________________________________________
A BILL
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2022, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of State, foreign operations, and
related programs for the fiscal year ending September 30, 2022, and for
other purposes, namely:
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
Department of State
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $9,040,672,000, of which
$812,216,000 may remain available until September 30, 2023, and of
which up to $3,625,899,000 may remain available until expended for
Worldwide Security Protection: Provided, That funds made available
under this heading shall be allocated in accordance with paragraphs (1)
through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36),
$3,216,871,000, of which up to $661,240,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,791,425,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation, and disarmament activities as
authorized, $1,018,951,000.
(4) Security programs.--For necessary expenses for security
activities, $3,013,425,000, of which up to $2,964,659,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or
other payments received from English teaching, library,
motion pictures, and publication programs and from fees
from educational advising and counseling and exchange
visitor programs; and
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this
Act, funds may be reprogrammed within and between
paragraphs (1) through (4) under this heading subject
to section 7015 of this Act.
(B) Of the amount made available under this heading
for Worldwide Security Protection, not to exceed
$50,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'',
to be available only for emergency evacuations and
rewards, as authorized: Provided, That the exercise of
the authority provided by this subparagraph shall be
subject to prior consultation with the Committees on
Appropriations.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to section 1108(g) of title 31, United States
Code, for the field examination of programs and
activities in the United States funded from any account
contained in this title.
(D) Funds appropriated under this heading shall be
made available for the following purposes and as
specified under this heading in the explanatory
statement accompanying this Act--
(i) to establish and support the activities
of an Ambassador-at-Large for the Arctic
Region; and
(ii) to implement the Arctic Indigenous
Exchange Program.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $448,880,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$91,458,000, of which $13,718,000 may remain available until September
30, 2023: Provided, That funds appropriated under this heading are
made available notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight, $46,000,000, to
remain available until September 30, 2023: Provided, That funds
appropriated under this heading that are made available for the
printing and reproduction costs of SIGAR shall not exceed amounts for
such costs during the prior fiscal year.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $748,961,000, to remain available until
expended, of which not less than $275,000,000 shall be for the
Fulbright Program and not less than $113,340,000 shall be for Citizen
Exchange Program: Provided, That fees or other payments received from,
or in connection with, English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized may be
credited to this account, to remain available until expended: Provided
further, That a portion of the Fulbright awards from the Eurasia and
Central Asia regions shall be designated as Edmund S. Muskie
Fellowships, following consultation with the Committees on
Appropriations: Provided further, That funds appropriated under this
heading that are made available for the Benjamin Gilman International
Scholarships Program shall also be made available for the John S.
McCain Scholars Program, pursuant to section 7075 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6): Provided further, That funds
appropriated under this heading shall be made available for the
Community Engagement Exchange Program as described under the heading
``Civil Society Exchange Program'' in Senate Report 116-126: Provided
further, That any substantive modifications from the prior fiscal year
to programs funded by this Act under this heading shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That of the amount
made available under this heading, not to exceed $1,000,000 may be used
to make grants to carry out the activities of the Cultural Antiquities
Task Force.
representation expenses
For representation expenses as authorized, $7,415,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services, as
authorized, $30,890,000, to remain available until September 30, 2023.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds otherwise
available, the Harry S Truman Building, $850,772,000, to remain
available until September 30, 2026, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or generators for
other departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,132,427,000, to remain
available until expended.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $8,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'': Provided, That funds transferred pursuant to the eleventh
proviso under the heading ``Diplomatic and Consular Programs'' in the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (title I of division J of Public Law 110-161)
in this and prior fiscal years may be used for expenses of rewards
programs.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such funds are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $4,937,742.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $32,583,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $743,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions, or specific Acts of Congress, $1,662,928,000, of
which $96,240,000 may remain available until September 30, 2023:
Provided, That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided further,
That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget: Provided
further, That any payment of arrearages under this heading shall be
directed to activities that are mutually agreed upon by the United
States and the respective international organization and shall be
subject to prior consultation with the Committees on Appropriations:
Provided further, That none of the funds appropriated under this
heading shall be available for a United States contribution to an
international organization for the United States share of interest
costs made known to the United States Government by such organization
for loans incurred on or after October 1, 1984, through external
borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,828,614,000, of
which $914,307,000 may remain available until September 30, 2023:
Provided, That none of the funds made available by this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an emergency
as far in advance as is practicable), the Committees on Appropriations
are notified of: (1) the estimated cost and duration of the mission,
the objectives of the mission, the national interest that will be
served, and the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the cost of
the new or expanded mission, and the estimated cost in future fiscal
years: Provided further, That none of the funds appropriated under
this heading may be made available for obligation unless the Secretary
of State certifies and reports to the Committees on Appropriations on a
peacekeeping mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent United
Nations employees, contractor personnel, and peacekeeping troops
serving in such mission from trafficking in persons, exploiting victims
of trafficking, or committing acts of sexual exploitation and abuse or
other violations of human rights, and to hold accountable individuals
who engage in such acts while participating in such mission, including
prosecution in their home countries and making information about such
prosecutions publicly available on the website of the United Nations:
Provided further, That the Secretary of State shall work with the
United Nations and foreign governments contributing peacekeeping troops
to implement effective vetting procedures to ensure that such troops
have not violated human rights: Provided further, That funds shall be
available for peacekeeping expenses unless the Secretary of State
determines that United States manufacturers and suppliers are not being
given opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further, That none of
the funds appropriated or otherwise made available under this heading
may be used for any United Nations peacekeeping mission that will
involve United States Armed Forces under the command or operational
control of a foreign national, unless the President's military advisors
have submitted to the President a recommendation that such involvement
is in the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further, That
any payment of arrearages with funds appropriated by this Act shall be
subject to prior consultation with the Committees on Appropriations:
Provided further, That such funds may be made available above the
amount authorized in section 404(b)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, as amended (22 U.S.C.
287e note): Provided further, That notwithstanding any other provision
of law, funds appropriated or otherwise made available under this
heading shall be available for United States assessed contributions up
to the amount specified in the Annex accompanying United Nations
General Assembly Document 64/220.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$52,220,000, of which $7,833,000 may remain available until September
30, 2023.
construction
For detailed plan preparation and construction of authorized
projects, $51,300,000, to remain available until expended, as
authorized: Provided, That of the funds appropriated under this
heading in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs for the
United States Section, except for funds designated by the Congress as
an emergency requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control Act of
1985, up to $5,000,000 may be transferred to, and merged with, funds
appropriated under the heading ``Salaries and Expenses'' to carry out
the purposes of the United States Section, which shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That such transfer
authority is in addition to any other transfer authority provided in
this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for technical
assistance grants and the Community Assistance Program of the North
American Development Bank, $15,008,000: Provided, That of the amount
provided under this heading for the International Joint Commission, up
to $1,250,000 may remain available until September 30, 2023, and up to
$9,000 may be made available for representation expenses: Provided
further, That of the amount provided under this heading for the
International Boundary Commission, up to $1,000 may be made available
for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $62,846,000:
Provided, That the United States share of such expenses may be advanced
to the respective commissions pursuant to section 3324 of title 31,
United States Code.
RELATED AGENCY
UNITED STATES AGENCY FOR GLOBAL MEDIA
international broadcasting operations
For necessary expenses to enable the United States Agency for
Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East, $870,696,000:
Provided, That in addition to amounts otherwise available for such
purposes, up to $45,708,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $25,000,000 shall
be for Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be used for such
expenses within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free Europe/
Radio Liberty: Provided further, That funds appropriated under this
heading shall be allocated in accordance with the table included under
this heading in the explanatory statement accompanying this Act:
Provided further, That notwithstanding the previous proviso, funds may
be reprogrammed within and between amounts designated in such table,
subject to the regular notification procedures of the Committees on
Appropriations, except that no such reprogramming may reduce a
designated amount by more than 5 percent: Provided further, That funds
appropriated under this heading shall be made available in accordance
with the principles and standards set forth in section 303(a) and (b)
of the United States International Broadcasting Act of 1994 (22 U.S.C.
6202) and section 305(b) of such Act (22 U.S.C. 6204): Provided
further, That the USAGM Chief Executive Officer shall notify the
Committees on Appropriations within 15 days of any determination by the
USAGM that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation of the
principles and standards set forth in section 303(a) and (b) of such
Act or the entity's journalistic code of ethics: Provided further,
That in addition to funds made available under this heading, and
notwithstanding any other provision of law, up to $5,000,000 in
receipts from advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating international organizations, and
up to $1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, shall remain
available until expended for carrying out authorized purposes:
Provided further, That significant modifications to USAGM broadcast
hours previously justified to Congress, including changes to
transmission platforms (shortwave, medium wave, satellite, Internet,
and television), for all USAGM language services shall be subject to
the regular notification procedures of the Committees on
Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
purposes, $14,700,000, to remain available until expended, as
authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $21,500,000, to remain available until
expended: Provided, That funds appropriated under this heading shall
be apportioned and obligated to the Foundation not later than 60 days
after enactment of this Act.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $54,000,000, to remain available until September 30, 2023,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2022, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2022, to remain available until
expended: Provided, That none of the funds appropriated herein shall
be used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2022, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$19,700,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act (22 U.S.C. 4412), $305,000,000, to remain available until
expended: Provided, That the requirements of section 7063(a) of this
Act shall not apply to funds made available under this heading.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $642,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may
procure temporary, intermittent, and other services notwithstanding
paragraph (3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2022: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
$4,500,000, to remain available until September 30, 2023, including not
more than $4,000 for representation expenses: Provided, That of the
funds appropriated under this heading, $1,000,000 shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That the United
States Commission on International Religious Freedom shall include in
its Annual Report the actions taken and planned to be taken to report
on, and advocate against, laws and policies of foreign governments that
permit or condone discrimination against, or violations of human rights
of, minority groups and other vulnerable communities on the basis of
religion, in accordance with the explanatory statement accompanying
this Act.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22 U.S.C.
3001 et seq.), $2,908,000, including not more than $5,000 for
representation expenses, to remain available until September 30, 2023.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission
on the People's Republic of China, as authorized by title III of the
U.S.-China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,250,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2023.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $4,000,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2023:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2022 and shall apply to
funds appropriated under this heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,635,947,000, of which up to
$245,392,000 may remain available until September 30, 2023: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development, unless the USAID
Administrator has identified such proposed use of funds in a report
submitted to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated under this
heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of those
sections: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID during the
current fiscal year.
capital investment fund
For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section 667 of
the Foreign Assistance Act of 1961, $258,200,000, to remain available
until expended: Provided, That this amount is in addition to funds
otherwise available for such purposes: Provided further, That funds
appropriated under this heading shall be available subject to the
regular notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $82,200,000, of which up to
$12,330,000 may remain available until September 30, 2023, for the
Office of Inspector General of the United States Agency for
International Development: Provided, That of the funds appropriated
under this heading, up to $10,000 may be available for representation
expenses.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $4,423,950,000, to remain available until September 30, 2023,
and which shall be apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be made
available for training, equipment, and technical assistance to build
the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned
by causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and
respond to unanticipated and emerging global health threats, including
zoonotic diseases; and (8) family planning/reproductive health:
Provided further, That funds appropriated under this paragraph may be
made available for United States contributions to The GAVI Alliance and
to a multilateral vaccine development partnership to support epidemic
preparedness: Provided further, That none of the funds made available
by this Act nor any unobligated balances from prior appropriations Acts
may be made available to any organization or program which, as
determined by the President, directly supports or participates in the
management of a program of coercive abortion or involuntary
sterilization: Provided further, That any determination made under the
previous proviso must be made not later than 6 months after the date of
enactment of this Act, and must be accompanied by the evidence and
criteria utilized to make the determination: Provided further, That
none of the funds made available under this Act may be used to pay for
the performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided further,
That nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That none of the
funds made available under this Act may be used to lobby for or against
abortion: Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only to
voluntary family planning projects which offer, either directly or
through referral to, or information about access to, a broad range of
family planning methods and services, and that any such voluntary
family planning project shall meet the following requirements: (1)
service providers or referral agents in the project shall not implement
or be subject to quotas, or other numerical targets, of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators
for budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of
total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning; (3) the project
shall not deny any right or benefit, including the right of access to
participate in any program of general welfare or the right of access to
health care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide family
planning acceptors comprehensible information on the health benefits
and risks of the method chosen, including those conditions that might
render the use of the method inadvisable and those adverse side effects
known to be consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and devices and
medical procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which the USAID
Administrator determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of this
proviso, or a pattern or practice of violations of the requirements
contained in paragraph (4) of this proviso, the Administrator shall
submit to the Committees on Appropriations a report containing a
description of such violation and the corrective action taken by the
Agency: Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of 1961 no
applicant shall be discriminated against because of such applicant's
religious or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That for
purposes of this or any other Act authorizing or appropriating funds
for the Department of State, foreign operations, and related programs,
the term ``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent with local
law, of information or counseling about all pregnancy options:
Provided further, That information provided about the use of condoms as
part of projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and shall include
the public health benefits and failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,930,000,000, to remain
available until September 30, 2026, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund): Provided further, That the
amount of such contribution shall be $1,560,000,000: Provided further,
That up to 5 percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2022 may be made available to USAID for
technical assistance related to the activities of the Global Fund,
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this paragraph, up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for administrative
expenses of the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $4,075,097,000, to remain
available until September 30, 2023: Provided, That funds made
available under this heading shall be apportioned directly to the
United States Agency for International Development.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $4,682,362,000,
to remain available until expended: Provided, That funds made
available under this heading shall be apportioned directly to the
United States Agency for International Development.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961, and to
support transition to democracy and long-term development of countries
in crisis, $107,043,000, to remain available until expended: Provided,
That such support may include assistance to develop, strengthen, or
preserve democratic institutions and processes, revitalize basic
infrastructure, and foster the peaceful resolution of conflict:
Provided further, That the USAID Administrator shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new, or terminating a, program of assistance: Provided further, That
if the Secretary of State determines that it is important to the
national interest of the United States to provide transition assistance
in excess of the amount appropriated under this heading, up to
$15,000,000 of the funds appropriated by this Act to carry out the
provisions of part I of the Foreign Assistance Act of 1961 may be used
for purposes of this heading and under the authorities applicable to
funds appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of section
509(b) of the Global Fragility Act of 2019 (title V of division J of
Public Law 116-94), $60,000,000, to remain available until expended:
Provided, That funds appropriated under this heading may be made
available notwithstanding any other provision of law, except sections
7007, 7008, and 7018 of this Act and section 620M of the Foreign
Assistance Act of 1961.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $3,480,131,000, to
remain available until September 30, 2023.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $215,450,000, to remain available
until September 30, 2023, of which up to $25,000,000 may remain
available until September 30, 2024, which shall be made available for
the Human Rights and Democracy Fund of the Bureau of Democracy, Human
Rights, and Labor, Department of State: Provided, That funds
appropriated under this heading that are made available to the National
Endowment for Democracy and its core institutes are in addition to
amounts otherwise available by this Act for such purposes: Provided
further, That the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, shall consult with the Committees on
Appropriations prior to the initial obligation of funds appropriated
under this paragraph.
For an additional amount for such purposes, $125,250,000, to remain
available until September 30, 2023, of which up to $25,000,000 may
remain available until September 30, 2024, which shall be made
available for the Bureau for Development, Democracy, and Innovation,
United States Agency for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $788,929,000, to remain available until September
30, 2023, which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and related
programs for countries identified in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22
U.S.C. 5402), in addition to funds otherwise available for such
purposes: Provided, That funds appropriated by this Act under the
headings ``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be administered in
accordance with the responsibilities of the coordinator designated
pursuant to section 102 of the FREEDOM Support Act and section 601 of
the SEED Act of 1989: Provided further, That funds appropriated under
this heading shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance: Provided further, That funds appropriated under
this heading may be made available for contributions to multilateral
initiatives to counter hybrid threats.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601),
and other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized
by sections 5921 through 5925 of title 5, United States Code; purchase
and hire of passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $3,845,000,000, to remain
available until expended.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)), $100,000, to remain available until expended: Provided, That
amounts in excess of the limitation contained in paragraph (2) of such
section shall be transferred to, and merged with, funds made available
by this Act under the heading ``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $410,500,000, of which $6,330,000 is
for the Office of Inspector General, to remain available until
September 30, 2023: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
exceed $5,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made available
for Peace Corps overseas operations: Provided further, That of the
funds appropriated under this heading, not to exceed $104,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That in addition to the requirements under section 7015(a) of this Act,
the Peace Corps shall consult with the Committees on Appropriations
prior to any decision to open, close, or suspend a domestic or overseas
office or a country program unless there is a substantial risk to
volunteers or other Peace Corps personnel: Provided further, That none
of the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$912,000,000, to remain available until expended: Provided, That of
the funds appropriated under this heading, up to $115,000,000 may be
available for administrative expenses of the Millennium Challenge
Corporation: Provided further, That section 605(e) of the MCA (22
U.S.C. 7704(e)) shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading may be
made available for a Millennium Challenge Compact entered into pursuant
to section 609 of the MCA (22 U.S.C. 7708) only if such Compact
obligates, or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further,
That no country should be eligible for a threshold program after such
country has completed a country compact: Provided further, That of the
funds appropriated under this heading, not to exceed $100,000 may be
available for representation and entertainment expenses, of which not
to exceed $5,000 may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $44,500,000, to remain available
until September 30, 2023: Provided, That of the funds appropriated
under this heading, not to exceed $2,500 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$43,000,000, to remain available until September 30, 2023, of which not
to exceed $2,500 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act (22 U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of
Directors of the USADF may waive the $250,000 limitation contained in
that section with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely to foreign
currency fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available
for such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such accounts, in
furtherance of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any appropriation
from the Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $38,000,000, to remain available
until expended, of which not more than $7,600,000 may be used for
administrative expenses: Provided, That amounts made available under
this heading may be made available to contract for services as
described in section 129(d)(3)(A) of the Foreign Assistance Act of
1961, without regard to the location in which such services are
performed.
debt restructuring
For ``Bilateral Economic Assistance--Department of the Treasury--
Debt Restructuring'' there is appropriated $52,000,000, to remain
available until September 30, 2023, for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of modifying loans
and loan guarantees for, or credits extended to, such countries as the
President may determine, including the cost of selling, reducing, or
canceling amounts owed to the United States pursuant to the ``Common
Framework for Debt Treatments beyond the Debt Service Suspension
Initiative (DSSI)'', and for reducing interest rates paid by any
country eligible for the DSSI: Provided, That such amounts may be used
notwithstanding any other provision of law.
tropical forest and coral reef conservation act
For the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as the
President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing, or
canceling amounts owed to the United States as a result of concessional
loans made to eligible countries pursuant to part V of the Foreign
Assistance Act of 1961, $15,000,000, to remain available until
September 30, 2027.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,388,853,000, to remain available until
September 30, 2023: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency
of the United States Government for the purpose of providing such
property to a foreign country or international organization under
chapter 8 of part I of such Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this heading, not less
than $9,000,000 shall be made available, on a competitive basis, for
rule of law programs for transitional and post-conflict states, and for
activities to coordinate rule of law programs among foreign
governments, international and nongovernmental organizations, and other
United States Government agencies: Provided further, That funds made
available under this heading that are transferred to another
department, agency, or instrumentality of the United States Government
pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued
in excess of $5,000,000, and any agreement made pursuant to section
632(a) of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds made available under this heading for Program Development and
Support may be made available notwithstanding pre-obligation
requirements contained in this Act, except for the notification
requirements of section 7015.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $907,247,000, to remain
available until September 30, 2023, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance
Act of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the
Foreign Assistance Act of 1961 for demining and unexploded ordnance
clearance activities, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961
for a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That funds made
available under this heading for the Nonproliferation and Disarmament
Fund shall be made available, notwithstanding any other provision of
law and subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, to
promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and shall
remain available until expended: Provided further, That such funds may
also be used for such countries other than the Independent States of
the former Soviet Union and international organizations when it is in
the national security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be made
available for the IAEA unless the Secretary of State determines that
Israel is being denied its right to participate in the activities of
that Agency: Provided further, That funds made available for
conventional weapons destruction programs, including demining and
unexploded ordnance clearance activities, in addition to funds
otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of such programs and
activities, subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That funds made
available under this heading for Export Control and Related Border
Security, Global Threat Reduction, and countering Weapons of Mass
Destruction Terrorism may be made available notwithstanding any other
provision of law.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $465,459,000, of which
$232,730,000 may remain available until September 30, 2023: Provided,
That funds appropriated under this heading may be used, notwithstanding
section 660 of the Foreign Assistance Act of 1961, to provide
assistance to enhance the capacity of foreign civilian security forces,
including gendarmes, to participate in peacekeeping operations:
Provided further, That of the funds appropriated under this heading,
not less than $24,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission in the
Sinai: Provided further, That funds appropriated under this heading
may be made available to pay assessed expenses of international
peacekeeping activities in Somalia under the same terms and conditions,
as applicable, as funds appropriated by this Act under the heading
``Contributions for International Peacekeeping Activities'': Provided
further, That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on
Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $112,925,000, of which up to
$56,463,000 may remain available until September 30, 2023: Provided,
That the civilian personnel for whom military education and training
may be provided under this heading may include civilians who are not
members of a government whose participation would contribute to
improved civil-military relations, civilian control of the military, or
respect for human rights, as specified in the explanatory statement
accompanying this Act: Provided further, That of the funds
appropriated under this heading, $3,000,000 shall remain available
until September 30, 2025, and shall be used to increase the
participation of women in programs and activities funded under this
heading, following consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided further,
That of the funds appropriated under this heading, not to exceed
$50,000 may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act (22
U.S.C. 2763), $6,175,524,000: Provided, That to expedite the provision
of assistance to foreign countries and international organizations, the
Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures of
such Committees, may use the funds appropriated under this heading to
procure defense articles and services to enhance the capacity of
foreign security forces: Provided further, That funds appropriated or
otherwise made available under this heading shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export
Control Act: Provided further, That funds made available under this
heading shall be obligated upon apportionment in accordance with
paragraph (5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds, including
any conditions on the end use and end users of such articles and
services: Provided, That all country and funding level increases in
allocations shall be submitted through the regular notification
procedures of section 7015 of this Act: Provided further, That funds
made available under this heading may be used, notwithstanding any
other provision of law, for demining and unexploded ordnance clearance
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services, or design and construction services that
are not sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That not
more than $70,000,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside of the
United States, for the general costs of administering military
assistance and sales, except that this limitation may be exceeded only
through the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made available
under this heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be available for
representation expenses: Provided further, That not more than
$1,137,000,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for
expenses incurred by the Department of Defense during fiscal year 2021
pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)), except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, $472,500,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund and the United
Nations Office for the Coordination of Humanitarian Affairs: Provided
further, That not later than 60 days after enactment of this Act, such
funds shall be made available for core contributions for each entity
listed in the table under this heading in the explanatory statement
accompanying this Act unless otherwise provided for in this Act, or if
the Secretary of State has justified to the Committees on
Appropriations the proposed uses of funds other than for core
contributions following prior consultation with, and subject to the
regular notification procedures of, such Committees.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $149,288,000, to remain available until
expended.
contribution to the green climate fund
For payment to the International Bank for Reconstruction and
Development as trustee for the Green Climate Fund by the Secretary of
the Treasury, $1,450,000,000, to remain available until expended:
Provided, That not later than 60 days after enactment of this Act, the
Secretary of the Treasury shall submit a report to the Committees on
Appropriations as specified under this heading in the explanatory
statement accompanying this Act.
contribution to the clean technology fund
For contribution to the Clean Technology Fund, $450,000,000, to
remain available until expended: Provided, That up to $400,000,000 of
such amount shall be available to cover costs, as defined in section
502 of the Congressional Budget Act of 1974, of direct loans issued to
the Clean Technology Fund: Provided further, That such funds are
available to subsidize gross obligations for the principal amount of
direct loans without limitation.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$206,500,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,001,400,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $53,323,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increases in capital stock, $54,648,752, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of increases in capital stock in an
amount not to exceed $856,174,624.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $211,300,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $43,000,000, to remain available
until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $10,000,000, to remain available until
expended.
contributions to the international monetary fund facilities and trust
funds
For contribution by the Secretary of the Treasury to the Poverty
Reduction and Growth Trust or other special purpose vehicle of the
International Monetary Fund, $102,000,000, to remain available until
December 31, 2031.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $6,500,000, of which up to $975,000 may remain available
until September 30, 2023.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $114,000,000, of which up to $17,100,000 may remain available
until September 30, 2023: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) of such section shall remain in effect
until September 30, 2022: Provided further, That the Bank shall charge
fees for necessary expenses (including special services performed on a
contract or fee basis, but not including other personal services) in
connection with the collection of moneys owed the Bank, repossession or
sale of pledged collateral or other assets acquired by the Bank in
satisfaction of moneys owed the Bank, or the investigation or appraisal
of any property, or the evaluation of the legal, financial, or
technical aspects of any transaction for which an application for a
loan, guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further,
That in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such
purposes, to remain available until expended.
program budget appropriations
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, not to exceed $5,000,000, to remain available until
September 30, 2025: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such funds
shall remain available until September 30, 2037, for the disbursement
of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2022, 2023, 2024, and 2025.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $2,800,000, to remain available until September 30, 2023.
corporate capital account
The United States International Development Finance Corporation
(the Corporation) is authorized to make such expenditures and
commitments within the limits of funds and borrowing authority
available to the Corporation, and in accordance with the law, and to
make such expenditures and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the programs for the current
fiscal year for the Corporation: Provided, That for necessary expenses
of the activities described in subsections (b), (c), (e), (f), and (g)
of section 1421 of the BUILD Act of 2018 (division F of Public Law 115-
254) and for administrative expenses to carry out authorized activities
and project-specific transaction costs described in section 1434(d) of
such Act, $698,000,000: Provided further, That of the amount
provided--
(1) $198,000,000 shall remain available until September 30,
2024, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000) and
project-specific transaction costs as described in section
1434(k) of such Act, of which $1,000,000 shall remain available
until September 30, 2026;
(2) $500,000,000 shall remain available until September 30,
2024, for the activities described in subsections (b), (c),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018,
except such amounts obligated in a fiscal year for activities
described in section 1421(c) of such Act shall remain available
for disbursement for the term of the underlying project:
Provided further, That if the term of the project extends
longer than 10 fiscal years, the Chief Executive Officer of the
Corporation shall inform the appropriate congressional
committees prior to the obligation or disbursement of funds, as
applicable: Provided further, That amounts made available under
this paragraph may be paid to the ``United States International
Development Finance Corporation--Program Account'' for programs
authorized by subsections (b), (e), (f), and (g) of section
1421 of the BUILD Act of 2018:
Provided further, That funds may only be obligated pursuant to
section 1421(g) of the BUILD Act of 2018 subject to prior consultation
with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations: Provided
further, That in fiscal year 2022 collections of amounts described in
section 1434(h) of the BUILD Act of 2018 shall be credited as
offsetting collections to this appropriation: Provided further, That
such collections collected in fiscal year 2022 in excess of
$698,000,000 shall be credited to this account and shall be available
in future fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That in fiscal year 2022, if
such collections are less than $698,000,000, receipts collected
pursuant to the BUILD Act of 2018 and the Federal Credit Reform Act of
1990, in an amount equal to such shortfall, shall be credited as
offsetting collections to this appropriation: Provided further, That
funds appropriated or otherwise made available under this heading may
not be used to provide any type of assistance that is otherwise
prohibited by any other provision of law or to provide assistance to
any foreign country that is otherwise prohibited by any other provision
of law: Provided further, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by the
offsetting collections described under this heading so as to result in
a final fiscal year appropriation from the General Fund estimated at
$316,000,000.
program account
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available
until September 30, 2024: Provided, That up to $550,000,000 of amounts
paid to this account from CCA or transferred to this account pursuant
to section 1434(j) of the BUILD Act of 2018 (division F of Public Law
115-254) shall be available for the costs of direct and guaranteed
loans provided by the Corporation pursuant to section 1421(b) of such
Act and the costs of modifying loans and loan guarantees transferred to
the Corporation pursuant to section 1463 of such Act: Provided
further, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such amounts obligated in a fiscal year
shall remain available for disbursement for the following 8 fiscal
years: Provided further, That funds made available in this Act and
transferred to carry out the Foreign Assistance Act of 1961 pursuant to
section 1434(j) of the BUILD Act of 2018 may remain available for
obligation for 1 additional fiscal year: Provided further, That the
total loan principal or guaranteed principal amount shall not exceed
$10,000,000,000.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $79,500,000, to remain available
until September 30, 2023, of which no more than $19,000,000 may be used
for administrative expenses: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2022 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section shall be submitted not later than 30 days after the end of
each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such 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.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (title VI of division A
of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law
106-113 and contained in appendix G of that Act), as amended by section
111 of the Department of State Authorities Act, Fiscal Year 2017
(Public Law 114-323), a project to construct a facility of the United
States may include office space or other accommodations for members of
the United States Marine Corps.
(b) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2022 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note),
the Secretary of State, in consultation with the Director of the Office
of Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the contribution of
the Department of State for this purpose.
(c) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2022,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection shall include
the information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in the explanatory statement
accompanying this Act.
(d) Interim and Temporary Facilities Abroad.--
(1) Security Vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation
with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical security
upgrades and local guard staffing.
(2) Consultation.--Notwithstanding any other provision of law, the
opening, closure, or any significant modification to an interim or
temporary United States diplomatic facility shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, except that such consultation and
notification may be waived if there is a security risk to personnel.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 7015
of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before enactment of this Act by Congress:
Provided, That up to $25,000 may be made available to carry out the
provisions of section 316 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency for
Global Media.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal
year for the Department of State under title I of this
Act may be transferred between, and merged with, such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers, and no such
transfer may be made to increase the appropriation
under the heading ``Representation Expenses''.
(B) Embassy security.--Funds appropriated under the
headings ``Diplomatic Programs'', including for
Worldwide Security Protection, ``Embassy Security,
Construction, and Maintenance'', and ``Emergencies in
the Diplomatic and Consular Service'' in this Act may
be transferred to, and merged with, funds appropriated
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, for emergency evacuations, or to prevent
or respond to security situations and requirements,
following consultation with, and subject to the regular
notification procedures of, such Committees: Provided,
That such transfer authority is in addition to any
transfer authority otherwise available in this Act and
under any other provision of law.
(2) United states agency for global media.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the United States Agency for Global Media under
title I of this Act may be transferred between, and merged
with, such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations
Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized elsewhere
in, this Act, funds appropriated by this Act to carry out the
purposes of the Foreign Assistance Act of 1961 may be allocated
or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961, and section 1434(j) of the
BUILD Act of 2018 (division F of Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department
of State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement
in the previous sentence shall not apply to agreements entered
into between USAID and the Department of State.
(c) United States International Development Finance Corporation.--
(1) Limitation.--Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
254) may only be transferred from funds made available under
title III of this Act, and such amounts shall not exceed
$50,000,000: Provided, That any such transfers shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Chief Executive Officer of the United
States International Development Finance Corporation (the
Corporation), as appropriate, shall ensure that the programs
funded by such transfers are coordinated with, and complement,
foreign assistance programs implemented by the Department of
State and USAID: Provided further, That no funds transferred
pursuant to such authority may be used by the Corporation to
post personnel abroad or for activities described in section
1421(c) of the BUILD Act of 2018: Provided further, That funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs to implement the Nita M. Lowey Middle East Partnership
for Peace Act shall be excluded from the limitation contained
in this paragraph.
(2) Transfer of funds from millennium challenge
corporation.--Funds appropriated under the heading ``Millennium
Challenge Corporation'' in this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be transferred to, and merged with,
amounts under the heading ``United States International
Development Finance Corporation--Program Account'' and, when so
transferred and merged, may be used for the costs of loans and
guaranties provided by the United States International
Development Finance Corporation pursuant to section 1421(b) of
the BUILD Act and shall be subject to the limitations provided
in the second, third, and fourth provisos under the heading
``United States International Development Finance Corporation--
Program Account'' in this Act: Provided, That such funds shall
not be available for administrative expenses of the United
States International Development Finance Corporation: Provided
further, That such authority shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That such
transfers shall be excluded from the limitation under paragraph
(1): Provided further, That the transfer authority provided in
this section is in addition to any other transfer authority
provided by law.
(d) Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations account to which such funds were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-Agency Transfers of Funds.--Any agreement for
the transfer or allocation of funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs entered into between the Department of
State or USAID and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961,
or any comparable provision of law, shall expressly provide that the
Inspector General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit responsibility if
the receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and report to the
Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
prohibition and limitation on certain expenses
Sec. 7010. (a) Computer Networks.--None of the funds made available
by this Act for the operating expenses of any United States Government
department or agency may be used to establish or maintain a computer
network for use by such department or agency unless such network has
filters designed to block access to sexually explicit websites:
Provided, That nothing in this subsection shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency, or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such websites
undertaken as part of official business.
(b) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act shall be available to promote the sale or export
of tobacco or tobacco products (including electronic nicotine delivery
systems), or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products (including
electronic nicotine delivery systems), except for restrictions which
are not applied equally to all tobacco or tobacco products (including
electronic nicotine delivery systems) of the same type.
(c) Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies funded in
titles III or VI of this Act, shall take steps to ensure that domestic
and overseas representation and entertainment expenses further official
agency business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(d) Limitations on Entertainment Expenses.--None of the funds
appropriated or otherwise made available by this Act under the headings
``International Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or under the
headings ``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided by this Act:
Provided, That funds appropriated for the purposes of chapters 1 and 8
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export Control
Act (22 U.S.C. 2763), and funds made available for ``United States
International Development Finance Corporation'' and under the heading
``Assistance for Europe, Eurasia and Central Asia'' shall remain
available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
for an additional 4 years from the date on which the availability of
such funds would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the Secretary of State and the Administrator of the United States
Agency for International Development shall provide a report to the
Committees on Appropriations not later than October 31, 2022, detailing
by account and source year, the use of this authority during the
previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultation
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency
for International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount
equivalent to 200 percent of the total taxes assessed during fiscal
year 2022 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2023 and for prior
fiscal years and allocated for the central government of such country
or for the West Bank and Gaza program, as applicable, if, not later
than September 30, 2023, such taxes have not been reimbursed:
Provided, That the Secretary of State shall report to the Committees on
Appropriations not later than 30 days after enactment of this Act and
then quarterly thereafter until September 30, 2022, on the foreign
governments and entities that have not reimbursed such taxes, including
any amount of funds withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically
responsible manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and update
rules, regulations, or policy guidance, as appropriate, to implement
the prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges and
immunities applicable to United States foreign assistance for
such country generally, or an individual agreement between the
Government of the United States and such government that
describes, among other things, the treatment for tax purposes
that will be accorded the United States assistance provided
under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided, That
any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that
are specifically designated for particular programs or activities by
this or any other Act may be extended for an additional fiscal year if
the Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I, II, and VI,
and under the headings ``Peace Corps'' and ``Millennium Challenge
Corporation'', of this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs to the
departments and agencies funded by this Act that remain available for
obligation in fiscal year 2022, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or of
currency reflows or other offsetting collections, or made available by
transfer, to the departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I, II, and VI of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under such
titles that remain available for obligation in fiscal year 2022, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the department and agency funded
under title I of this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peace Corps'',
``Millennium Challenge Corporation'', ``International Narcotics Control
and Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', ``International
Military Education and Training'', ``Foreign Military Financing
Program'', ``International Organizations and Programs'', ``United
States International Development Finance Corporation'', and ``Trade and
Development Agency'' shall be available for obligation for programs,
projects, activities, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for a program, project, or activity for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
program, project, or activity for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority.
(d) Department of Defense Programs and Funding Notifications.--
(1) Programs.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any Act
making or authorizing appropriations for the Department of
Defense, unless the Secretary of State, in consultation with
the Secretary of Defense and in accordance with the regular
notification procedures of the Committees on Appropriations,
submits a justification to such Committees that includes a
description of, and the estimated costs associated with, the
support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the
Department of State and the United States Agency for
International Development for assistance for foreign countries
and international organizations shall be subject to the regular
notification procedures of the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of
the Arms Export Control Act) or are valued (in terms of
original acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of
appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided, That in case of any such waiver, notification to
the Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context
of the circumstances necessitating such waiver: Provided further, That
any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Bangladesh, Burma,
Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia, Greenland,
Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico,
Nicaragua, Pakistan, Philippines, the Russian Federation, Rwanda,
Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tunisia, Uganda,
Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided through
the regular notification procedures of the Committees on
Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution shall be subject to the regular notification procedures of
the Committees on Appropriations, and such notification shall include
the information specified under the heading ``Notification
Requirements'' in the explanatory statement accompanying this Act.
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under title I
of this Act under the heading ``Diplomatic Programs'' that are
made available for lateral entry into the Foreign Service shall
be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of the
Committees on Appropriations:
(A) the Global Engagement Center;
(B) the Power Africa and Prosper Africa
initiatives;
(C) community-based police assistance conducted
pursuant to the authority of section 7035(a)(1) of this
Act;
(D) the Prevention and Stabilization Fund and the
Multi-Donor Global Fragility Fund;
(E) the Indo-Pacific Strategy;
(F) the Countering PRC Influence Fund and the
Countering Russian Influence Fund; and
(G) the Gender Equity and Equality Action Fund.
(3) Democracy program policy and procedures.--Modifications
to democracy program policy and procedures, including relating
to the use of consortia, by the Department of State and USAID
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(4) Arms sales.--The reports, notifications, and
certifications, and any other documents, required to be
submitted pursuant to section 36(a) of the Arms Export Control
Act (22 U.S.C. 2776), and such documents submitted pursuant to
section 36(b) through (d) of such Act with respect to countries
that have received assistance provided with funds appropriated
by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
shall be concurrently submitted to the Committees on
Appropriations and shall include information about the source
of funds for any sale or transfer, as applicable, if known at
the time of submission.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Prior Consultation Requirement.--The Secretary of State, the
Administrator of the United States Agency for International
Development, the Chief Executive Officer of the United States
International Development Finance Corporation, and the Chief Executive
Officer of the Millennium Challenge Corporation shall consult with the
Committees on Appropriations at least 7 days prior to informing a
government of, or publically announcing a decision on, the suspension
or early termination of assistance to a country or a territory,
including as a result of an interagency review of such assistance, from
funds appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs:
Provided, That such consultation shall include a detailed justification
for such suspension, including a description of the assistance being
suspended.
document requests, records management, and related cybersecurity
protections
Sec. 7016. (a) Document Requests.--None of the funds appropriated
or made available pursuant to titles III through VI of this Act shall
be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any document,
file, or record necessary to the auditing requirements of the
Department of State and the United States Agency for International
Development.
(b) Records Management and Related Cybersecurity Protections.--The
Secretary of State and USAID Administrator shall--
(1) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes,
regulations, and presidential executive orders and memoranda
concerning the preservation of all records made or received in
the conduct of official business, including record emails,
instant messaging, and other online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II, as appropriate, to improve Federal records
management pursuant to the Federal Records Act (44 U.S.C.
Chapters 21, 29, 31, and 33) and other applicable Federal
records management statutes, regulations, or policies for the
Department of State and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong to
the Federal Government;
(4) substantially reduce, compared to the previous fiscal
year, the response time for identifying and retrieving Federal
records, including requests made pursuant to section 552 of
title 5, United States Code (commonly known as the ``Freedom of
Information Act'');
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control of
national security information, and implement the
recommendations of the applicable reports of the cognizant
Office of Inspector General; and
(6) not later than September 30, 2022, submit a report to
the Committees on Appropriations describing actions taken under
paragraphs (4) and (5) of this subsection.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program or
policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available in the amounts specifically designated in the respective
tables included in the explanatory statement accompanying this Act:
Provided, That such designated amounts for foreign countries and
international organizations shall serve as the amounts for such
countries and international organizations transmitted to Congress in
the report required by section 653(a) of the Foreign Assistance Act of
1961, and shall be made available for such foreign countries and
international organizations notwithstanding the date of the
transmission of such report.
(b) Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State and the Administrator of the United States
Agency for International Development, as applicable, may only deviate
up to 10 percent from the amounts specifically designated in the
respective tables included in the explanatory statement accompanying
this Act: Provided, That such percentage may be exceeded only if the
Secretary of State or USAID Administrator, as applicable, determines
and reports to the Committees on Appropriations on a case-by-case basis
that such deviation is necessary to respond to significant, exigent, or
unforeseen events, or to address other exceptional circumstances
directly related to the national interest of the United States,
including a description of such events or circumstances: Provided
further, That deviations pursuant to the preceding proviso shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, deviations authorized by
subsection (b) may only take place after submission of such report.
(d) Exceptions.--Subsections (a) and (b) shall not apply to--
(1) amounts designated for ``International Military
Education and Training'' in the table included in the
explanatory statement accompanying this Act;
(2) funds for which the initial period of availability has
expired; and
(3) amounts designated by this Act as minimum funding
requirements.
(e) Reports.--The Secretary of State, USAID Administrator, and
other designated officials, as appropriate, shall submit the reports
required, in the manner described, in the explanatory statement
accompanying this Act.
(f) Clarification.--Funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall not be included for purposes of meeting
amounts designated for countries in this Act or in the explanatory
statement accompanying this Act, unless such headings are specifically
designated as the source of funds.
multi-year pledges
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act may be used to make any pledge for future year
funding for any multilateral or bilateral program funded in titles III
through VI of this Act unless such pledge was: (1) previously
justified, including the projected future year costs, in a
congressional budget justification; (2) included in an Act making
appropriations for the Department of State, foreign operations, and
related programs or previously authorized by an Act of Congress; (3)
notified in accordance with the regular notification procedures of the
Committees on Appropriations, including the projected future year
costs; or (4) the subject of prior consultation with the Committees on
Appropriations.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this
Act may be made available to any foreign government which
provides lethal military equipment to a country the government
of which the Secretary of State has determined supports
international terrorism for purposes of section 1754(c) of the
Export Reform Control Act of 2018 (50 U.S.C. 4813(c)):
Provided, That the prohibition under this section with respect
to a foreign government shall terminate 12 months after that
government ceases to provide such military equipment: Provided
further, That this section applies with respect to lethal
military equipment provided under a contract entered into after
October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation
of the assistance to be provided, the estimated dollar amount
of such assistance, and an explanation of how the assistance
furthers the United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any
foreign government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as
a terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in
the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``Foreign Military
Financing Program'' accounts, ``program, project, and activity'' shall
also be considered to include country, regional, and central program
level funding within each such account, and for the development
assistance accounts of the United States Agency for International
Development, ``program, project, and activity'' shall also be
considered to include central, country, regional, and program level
funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
the report required by section 653(a) of the Foreign Assistance
Act of 1961 or as modified pursuant to section 7019 of this
Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the United States International Development
Finance Corporation shall be obligated or expended to finance any loan,
any assistance, or any other financial commitments for establishing or
expanding production of any commodity for export by any country other
than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors the
benefits to industry and employment in the United States are likely to
outweigh the injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this subsection
shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to oppose any assistance by such institution, using funds
appropriated or otherwise made available by this Act, for the
production or extraction of any commodity or mineral for export, if it
is in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance,
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2022, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
disability programs
Sec. 7028. (a) Assistance.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $20,000,000
shall be made available for programs and activities administered by the
United States Agency for International Development to implement a
multi-year strategy to address the needs and protect and promote the
rights of people with disabilities in developing countries, including
initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
political and electoral participation, and integration of individuals
with disabilities, including for the cost of translation: Provided,
That of such funds, not less than $5,000,000 shall be made available to
support disability rights advocacy organizations in developing
countries: Provided further, That the USAID Administrator shall
consult with the Committees on Appropriations on a multi-year strategy
prior to the initial obligation of funds.
(b) Management, Oversight, and Technical Support.--Of the funds
made available pursuant to this section, 5 percent may be used by USAID
for management, oversight, and technical support.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to encourage such institution to adopt and implement a publicly
available policy, including the strategic use of peer reviews and
external experts, to conduct independent, in-depth evaluations of the
effectiveness of at least 35 percent of all loans, grants, programs,
and significant analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting equitable
economic growth, consistent with relevant safeguards, to ensure that
decisions to support such loans, grants, programs, and activities are
based on accurate data and objective analysis: Provided, That not
later than 45 days after enactment of this Act, the Secretary shall
submit a report to the Committees on Appropriations on steps taken in
fiscal year 2021 by the United States executive directors and the
international financial institutions consistent with this subsection
compared to the previous fiscal year.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International Bank
for Reconstruction and Development and the International
Development Association to use the voice and vote of the United
States to oppose any loan, grant, policy, or strategy if such
institution has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant, policy,
or strategy that provides less protection than World Bank
safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial institution
to use the voice and vote of the United States to oppose loans
or other financing for projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification, and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation, cultural protection, and empowerment of
local populations, including free, prior and informed
consent of affected Indigenous communities;
(C) do not provide incentives for, or facilitate,
forced displacement or other violations of human
rights; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is compensated by
the institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Governance.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to--
(1) oppose loans, grants, credits, guarantees, and other
financing, except to address basic human needs, to a country if
the Secretary has credible information that the government of
such country is not making consistent progress in reducing
corruption including--
(A) bringing to justice public officials who have
engaged in significant acts of corruption;
(B) supporting judicial independence, including the
transparent selection of judges; and
(C) protecting the ability of civil society
organizations to advocate for anti-corruption laws and
policies without interference.
(2) include in loan, grant, credit, guarantee, and other
financing agreements benchmarks for improvements in borrowing
countries' financial management and judicial capacity to
investigate, prosecute, and punish fraud and corruption; and
(3) promote human rights due diligence and risk management,
as appropriate, in connection with any loan, grant, policy, or
strategy of such institution as specified under this subsection
in the explanatory statement accompanying this Act: Provided,
That prior to voting on any such loan, grant, policy, or
strategy the executive director shall consult with the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, if the executive director has reason to
believe that such loan, grant, policy, or strategy could result
in forced displacement or other violation of human rights.
(e) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish,
to the maximum extent practicable, beneficial ownership information
(excluding proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that receives
funds from any such financial institution: Provided, That not later
than 45 days after enactment of this Act, the Secretary shall submit a
report to the Committees on Appropriations on steps taken in fiscal
year 2021 by the United States executive directors and the
international financial institutions consistent with this subsection
compared to the previous fiscal year.
(f) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to
encourage each such institution to effectively implement and enforce
policies and procedures which meet or exceed best practices in the
United States for the protection of whistleblowers from retaliation,
including--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment.
(g) Grievance Mechanisms and Procedures.--The Secretary of the
Treasury or the Secretary of State, as appropriate, shall instruct the
United States executive director of, or representative to, each
international financial institution, each United Nations agency, and
the Organization of American States to use the voice and vote of the
United States to support the establishment or enhancement of
independent investigative and adjudicative mechanisms and procedures
which meet or exceed best practices in the United States, to provide
due process and fair compensation, including the right to
reinstatement, for employees who are subjected to harassment,
discrimination, retaliation, false allegations, or other misconduct.
(h) Capital Increases.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs should be made available to
support a capital increase for an international financial institution
until the President submits a budget request for such increase to the
Congress and certifies and reports to the Committees on Appropriations
that--
(1) the institution has completed a thorough analysis of
the development challenges facing the relevant geographical
region, the role of the institution in addressing such
challenges and its role relative to other financing partners,
and the steps to be taken to enhance the efficiency and
effectiveness of the institution;
(2) governors of such institution representing countries
holding a majority of shares of such institution have voted to
support the capital increase; and
(3) in order for a country to be eligible to receive a
loan, grant, credit, guarantee, or other financing resulting
from the capital increase, the government of the country is
making consistent progress in reducing corruption including--
(A) bringing to justice public officials who have
engaged in significant acts of corruption;
(B) supporting judicial independence, including the
transparent selection of judges; and
(C) protecting the ability of civil society
organizations to advocate for anti-corruption laws and
policies without interference.
insecure communications networks
Sec. 7030. Funds appropriated by this Act shall be made available
for programs, including through the Digital Connectivity and
Cybersecurity Partnership, to--
(1) advance the adoption of secure, next-generation
communications networks and services, including 5G, and
cybersecurity policies, in countries receiving assistance under
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs;
(2) counter the establishment of insecure communications
networks and services, including 5G, promoted by the People's
Republic of China and other state-backed enterprises that are
subject to undue or extrajudicial control by their country of
origin; and
(3) provide policy and technical training on deploying
open, interoperable, reliable, and secure networks to
information communication technology professionals in countries
receiving assistance under this Act, as appropriate:
Provided, That such funds may be used to support the participation of
foreign military officials in programs designed to strengthen civilian
cybersecurity capacity, following consultation with the Committees on
Appropriations.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if the requirements included in section 7031(a)(1)(A)
through (E) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019 (division F of Public
Law 116-6) are met.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made available
for direct government-to-government assistance subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the proposed
activity meets the requirements of paragraph (1): Provided
further, That the requirements of this paragraph shall only
apply to direct government-to-government assistance in excess
of $10,000,000 and all funds available for cash transfer,
budget support, and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or the
Secretary has credible information of material misuse of such
assistance, unless the Administrator or the Secretary reports
to the Committees on Appropriations that it is in the national
interest of the United States to continue such assistance,
including a justification, or that such misuse has been
appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2023 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of any
foreign country for debt service payments owed by any country
to any international financial institution.
(b) National Budget and Contract Transparency.--
(1) Report renamed.--The Fiscal Transparency Report
required by section 7031(b)(3) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76) shall hereafter be
referred to as the ``Fiscal Transparency and Anti-Corruption
Report''.
(2) Minimum requirements of fiscal transparency and
reducing corruption.--The Secretary of State shall update and
strengthen the ``minimum requirements of fiscal transparency''
for each government receiving assistance appropriated by this
Act, as identified in the report required by section 7031(b) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law
113-76), and establish, for purposes of the report renamed
under paragraph (1), minimum requirements for reducing
corruption, including bringing to justice public officials who
have engaged in significant acts of corruption.
(3) Determination and report.--For each government
identified pursuant to paragraph (2), the Secretary of State,
not later than 180 days after enactment of this Act, shall make
or update any determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum requirements of
fiscal transparency and reducing corruption, and make such
determinations publicly available in an annual ``Fiscal
Transparency and Anti-Corruption Report'' to be posted on the
Department of State website: Provided, That such report shall
include the elements specified under this section in the
explanatory statement accompanying this Act.
(4) Assistance.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for
programs and activities to assist governments identified in the
report referenced in paragraph (1) in improving budget
transparency, including not less than $10,000,000 to support
civil society organizations in such countries that advocate for
laws and policies to improve budget transparency and reduce
corruption.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Current and former government officials, or
persons acting for or on behalf of such an official,
and their immediate family members, about whom the
Secretary of State has credible information are
responsible for or knowingly complicit in, directly or
indirectly, significant acts of corruption, including
corruption related to the extraction of natural
resources, or a serious violation of human rights,
including the unjust or wrongful detention of members
of political parties, journalists, civil society
leaders, locally employed staff of a United States
diplomatic mission, or a United States citizen or
national, shall be ineligible for entry into the United
States.
(B) Concurrent with the application of subparagraph
(A), the Secretary should, as appropriate, request the
Secretary of the Treasury, through the Office of
Foreign Assets Control, to apply sanctions authorities
in accordance with United States law to block the
transfer of property and interests in property, and all
financial transactions, in the United States involving
any person described in subparagraph (A).
(C) The Secretary shall also publicly or privately
designate or identify the officials of foreign
governments and their immediate family members about
whom the Secretary has such credible information
without regard to whether the individual has applied
for a visa.
(2) Exception.--Individuals shall not be ineligible for
entry into the United States pursuant to paragraph (1) if such
entry would further important United States law enforcement
objectives or is necessary to permit the United States to
fulfill its obligations under the United Nations Headquarters
Agreement: Provided, That nothing in paragraph (1) shall be
construed to derogate from United States Government obligations
under applicable international agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Report.--Not later than 30 days after enactment of this
Act, and every 90 days thereafter until September 30, 2022, the
Secretary of State shall submit a report, including a
classified annex if necessary, to the appropriate congressional
committees and the Committees on the Judiciary describing the
information related to corruption or violation of human rights
concerning each of the individuals found ineligible in the
previous 12 months pursuant to paragraph (1)(A) as well as the
individuals who the Secretary designated or identified pursuant
to paragraph (1)(B), or who would be ineligible but for the
application of paragraph (2), a list of any waivers provided
under paragraph (3), and the justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) Clarification.--For purposes of paragraphs (1), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States pertaining
to the issuance or refusal of visas or permits to enter the
United States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict diamonds and other
conflict minerals, and for technical assistance to promote
independent audit mechanisms and support civil society
participation in natural resource management.
(2) Public disclosure and independent audits.--(A) The
Secretary of the Treasury shall instruct the executive director
of each international financial institution to use the voice
and vote of the United States to oppose any assistance by such
institutions (including any loan, credit, grant, or guarantee)
to any country for the extraction and export of a natural
resource if the government of such country has in place laws,
regulations, or procedures to prevent or limit the public
disclosure of company payments as required by United States
law, and unless such government has adopted laws, regulations,
or procedures in the sector in which assistance is being
considered that: (1) accurately account for and publicly
disclose payments to the government by companies involved in
the extraction and export of natural resources; (2) include
independent auditing of accounts receiving such payments and
the public disclosure of such audits; and (3) require public
disclosure of agreement and bidding documents.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of such subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the ``ForeignAssistance.gov'' website: Provided,
That all Federal agencies funded under this Act shall provide such
information on foreign assistance, upon request and in a timely manner,
to the Department of State and USAID.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Democracy Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', and ``International Narcotics
Control and Law Enforcement'', not less than $2,600,000,000
should be made available for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant to
paragraph (1), not less than $102,040,000 shall be made
available to the Bureau of Democracy, Human Rights, and Labor,
Department of State.
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ``National Endowment for Democracy'' may be made
available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any
regulation.
(2) Beneficiaries.--Funds made available by this Act for
the NED are made available pursuant to the authority of the
National Endowment for Democracy Act (title V of Public Law 98-
164), including all decisions regarding the selection of
beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
(d) Restriction on Prior Approval and Disclosure of Names.--With
respect to the provision of assistance for democracy programs in this
Act, the organizations implementing such assistance, the specific
nature of that assistance, and the participants in such programs shall
not be subject to the prior approval by the government of any foreign
country: Provided, That notwithstanding the requirements of any
bilateral agreement between the United States and a foreign country,
the names of implementing partners of such programs shall also not be
disclosed to any foreign government the Secretary of State determines
is undemocratic or has engaged in or condoned harassment, threats, or
attacks against such organizations: Provided further, That the
Secretary of State, in coordination with the Administrator of the
United States Agency for International Development, shall report to the
Committees on Appropriations, not later than 120 days after enactment
of this Act, on steps taken by the Department of State and USAID to
comply with the requirements of this subsection.
(e) Digital Security and Countering Disinformation.--(1) Democracy
programs supported with funds appropriated by this Act under subsection
(a)(1) should include, as appropriate--
(A) a component on digital security to enhance the safety
of implementers and beneficiaries;
(B) assistance for civil society organizations to counter
government surveillance, censorship, and repression by digital
means;
(C) efforts to combat weaponized technology, including the
misuse of social media to spread disinformation or incite hate;
and
(D) measures to prevent the digital manipulation of
elections, electoral data, and critical infrastructure.
(2) Such programs should incorporate activities, as
appropriate, to counter disinformation propagated by malign
actors, including the People's Republic of China and the
Russian Federation.
(f) Informing the National Endowment for Democracy.--The Assistant
Secretary for Democracy, Human Rights, and Labor, Department of State,
and the Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall regularly inform the NED of
democracy programs that are planned and supported with funds made
available by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs.
(g) Protection of Civil Society Activists and Journalists,
Independence of the Media, and Freedom of Expression.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Diplomatic Programs'' shall be made available for the
Bureau of Democracy, Human Rights, and Labor, Department of
State, and funds appropriated under the heading ``Operating
Expenses'' shall be made available for the Bureau for
Development, Democracy, and Innovation, USAID, for the costs of
administering programs to protect civil society activists and
journalists, independence of the media, and freedom of
expression.
(2) Assistance.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Democracy
Fund'', ``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $55,000,000 shall be
made available to support and protect civil society activists
and journalists who have been threatened, harassed, or
attacked, including journalists affiliated with the United
States Agency for Global Media, and to promote and defend
independence of the media and freedom of expression, consistent
with the ``Update of the Action Plan for Protection of Civil
Society Activists and Journalists'' (March 2021) required under
section 7032(h) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2021 (division K of
Public Law 116-260): Provided, That such funds shall be
subject to prior consultation with the Committees on
Appropriations.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic Programs''
shall be made available for the Office of International Religious
Freedom, Department of State.
(b) Assistance.--Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``International
Broadcasting Operations'' shall be made available for international
religious freedom programs: Provided, That funds made available by
this Act under the headings ``Economic Support Fund'' and ``Democracy
Fund'' pursuant to this section shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government officials,
and shall be subject to prior consultation with the Committees on
Appropriations.
(c) Authority.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs under the heading ``Economic Support Fund'' may be
made available notwithstanding any other provision of law for
assistance for ethnic and religious minorities, including in Iraq, Sri
Lanka, and Syria.
(d) Designation of Non-State Actors.--Section 7033(e) 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 2022.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in title III 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.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 shall be
made available for forensic anthropology assistance related to
the exhumation and identification of victims of war crimes,
crimes against humanity, and genocide, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs for assistance
for countries.
(2) Funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' may be
made available for DNA forensic technology programs to combat
human trafficking, including in Central America and Mexico.
(c) Atrocities Prevention.--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:
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.
(d) World Food Programme.--Funds managed by the Bureau for
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.
(e) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' should 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.).
(2) Genocide victims memorial sites.--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.
(3) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, including partnerships with philanthropic
foundations, up to $50,000,000 may remain available until
September 30, 2024: Provided, That funds made available
pursuant to this paragraph may only be made available following
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(4) Additional authorities.--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.
(5) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions of
section 7034(e)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6): Provided, That each
individual award may not exceed $100,000: Provided further,
That no more than 15 such awards may be made during fiscal year
2022.
(6) Development innovation ventures.--Funds appropriated by
this Act under the heading ``Development Assistance'' and made
available for the Development Innovation Ventures program may
be made available for the purposes of chapter I of part I of
the Foreign Assistance Act of 1961.
(7) Exchange visitor program.--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 (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
through the formal rulemaking process pursuant to the
Administrative Procedure Act (5 U.S.C. 551 et seq.) and
notwithstanding the exceptions to such rulemaking process in
such Act: Provided, 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
further, That such consultation shall take place not later than
30 days prior to the publication in the Federal Register of any
regulatory action modifying the Exchange Visitor Program.
(8) Export-import bank.--
(A) Section 6(a)(3) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635e(a)(3)) shall be applied through
September 30, 2022, by substituting ``4 percent'' for
``2 percent'' in each place it appears.
(B) Section 8(g) of the Export-Import Bank Act of
1945 (12 U.S.C. 635g(g)) shall be applied through
September 30, 2022, by substituting ``4 percent'' for
``2 percent'' in each place it appears.
(f) Partner Vetting.--Prior to initiating a partner vetting
program, or making a significant change 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: Provided, That the Secretary and the Administrator
shall provide a direct vetting option for prime awardees in any partner
vetting program initiated or significantly modified after the date of
enactment of this Act, unless the Secretary of State or USAID
Administrator, as applicable, informs the Committees on Appropriations
on a case-by-case basis that a direct vetting option is not feasible
for such program: Provided further, That the Secretary or the
Administrator, as appropriate, shall consult with such Committees prior
to providing a direct vetting option.
(g) Contingencies.--During fiscal year 2022, 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.
(h) International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking
appropriate steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(i) Transfer of Funds for Extraordinary Protection.--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 2022, at no later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(j) Authority.--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, 620A, and 620M of the Foreign
Assistance Act of 1961: Provided, 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.
(k) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--The terms and conditions of section
7034(k) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2020 (division G of Public Law 116-94)
shall continue in effect during fiscal year 2022.
(l) Extension of Authorities.--
(1) Passport fees.--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, 2022'' for ``September 30, 2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September
30, 2022.
(3) USAID civil service annuitant waiver.--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,
2022'' for ``October 1, 2010'' in subparagraph (B).
(4) Overseas pay comparability and limitation.--(A) 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, 2022.
(B) 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.
(5) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2021'' and inserting ``2021, and 2022''; and
(ii) in subsection (e), by striking
``2021'' each place it appears and inserting
``2022''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
striking ``2021'' and inserting ``2022''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations
Act, 2010 (Public Law 111-212) shall remain in effect through
September 30, 2022, and may be used to facilitate the
assignment of persons for oversight of programs in Somalia,
South Sudan, Syria, Venezuela, and Yemen.
(7) Special inspector general for afghanistan
reconstruction competitive status.--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 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.
(8) Transfer of balances.--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 2022.
(9) Department of state inspector general waiver
authority.--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.
(m) Monitoring and Evaluation.--
(1) Beneficiary feedback.--Funds appropriated by this Act
that are made available for monitoring and evaluation of
assistance under the headings ``Development Assistance'',
``Economic Support Fund'', ``International Disaster
Assistance'', and ``Migration and Refugee Assistance'' shall be
made available for the regular and systematic collection of
feedback obtained directly from beneficiaries to enhance the
quality and relevance of such assistance: Provided, That not
later than 90 days after enactment of this Act, the Department
of State and USAID shall post on their respective websites
updated procedures for implementing partners that receive funds
under such headings for regularly and systematically collecting
and responding to such feedback, including guidelines for the
reporting on actions taken in response to the feedback
received: Provided further, That the Secretary of State and
USAID Administrator 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, and submit a report to the
Committees on Appropriations not later than 90 days after
enactment of this Act, and annually thereafter until September
30, 2027, on the results of such oversight.
(2) Ex-post evaluations.--Of the funds appropriated by this
Act under titles III and IV, not less than $10,000,000 shall be
made available for ex-post evaluations of the effectiveness and
sustainability of United States Government-funded assistance
programs: Provided, That not later than 60 days after
enactment of this Act, the Secretary of State and USAID
Administrator shall consult with the Committees on
Appropriations on the criteria for selecting countries and
programs to be evaluated, and the methodology for conducting
such evaluations and applying lessons learned in future program
design.
(n) Loans, Consultation, and Notification.--
(1) Loan guarantees.--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, Tunisia, and Ukraine,
which are authorized to be provided: Provided, That amounts
made available under this paragraph for the costs of such
guarantees shall not be considered assistance for the purposes
of provisions of law limiting assistance to a country.
(2) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(o) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic Support
Fund'', not less than $100,000,000 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, 2026.
(2) Eligible entities.--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: Provided, That
departments or centers of such educational institutions may be
considered individually in determining such eligibility.
(p) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2022.
(q) Section 889.--For the purposes of obligations and expenditures
made with funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, and funds appropriated under section 10003 of the
American Rescue Plan Act, the waiver authority in section 889(d)(2) of
the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232) may also be available to the Secretary of
State and USAID Administrator, as appropriate.
(r) Protective Services.--The terms and conditions of section 7070
of the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260), with the
exception of the last proviso, shall apply to this Act.
(s) Definitions.--
(1) Appropriate congressional committees.--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.
(2) Funds appropriated by this act and prior acts.--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.
(3) International financial institutions.--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 International Fund for
Agricultural Development, 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.
(4) Spend plan.--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--
(A) realistic and sustainable goals, criteria for
measuring progress, and a timeline for achieving such
goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or
planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(5) Successor operating unit.--Any reference to a
particular USAID operating unit or office in this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be deemed to include any
successor operating unit or office performing the same or
similar functions.
(6) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry out the
provisions of chapter 1 of part I and chapters 4 and 6 of part
II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, 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, including assistance for programs to
prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(2) Counterterrorism partnerships fund.--Funds appropriated
by this Act under the heading ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' shall be made
available for the Counterterrorism Partnerships Fund for
programs in areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and Syria or
other terrorist organizations: Provided, That such areas shall
include the Kurdistan Region of Iraq: Provided further, That
prior to the obligation of funds made available pursuant to
this paragraph, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such funds: Provided
further, That funds made available pursuant to this paragraph
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(3) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act,
1 percent of the funds appropriated by this Act under
the headings ``Peacekeeping Operations'' and ``Foreign
Military Financing Program'' shall be designated for
combat casualty training and equipment.
(B) The Secretary of State shall offer combat
casualty care training and equipment as a component of
any package of lethal assistance funded by this Act
with funds appropriated under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of
this subparagraph shall apply to a country in conflict,
unless the Secretary determines that such country has
in place, to the maximum extent practicable,
functioning combat casualty care treatment and
equipment that meets or exceeds the standards
recommended by the Committee on Tactical Combat
Casualty Care: Provided further, That any such
training and equipment for combat casualty care shall
be made available through an open and competitive
process.
(4) Training related to international humanitarian law.--
The Secretary of State shall offer training related to the
requirements of international humanitarian law as a component
of any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'':
Provided, That the requirement of this paragraph shall not
apply to a country that is a member of the North Atlantic
Treaty Organization (NATO), is a major non-NATO ally designated
by section 517(b) of the Foreign Assistance Act of 1961, or is
complying with international humanitarian law: Provided
further, That any such training shall be made available through
an open and competitive process.
(5) Security force professionalization.--Unobligated
balances from funds appropriated by prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, except for funds designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, under the headings ``International
Narcotics Control and Law Enforcement'' and ``Peacekeeping
Operations'', shall be made available to increase the capacity
of foreign military and law enforcement personnel to operate in
accordance with appropriate standards relating to human rights
and the protection of civilians as specified under this section
in the explanatory statement accompanying this Act, following
consultation with the Committees on Appropriations: Provided,
That funds made available pursuant to this paragraph shall be
made available through an open and competitive process.
(6) International prison conditions.--Funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' shall be made available for
assistance to eliminate inhumane conditions and reduce pre-
trial detention in foreign prisons and other detention
facilities, notwithstanding section 660 of the Foreign
Assistance Act of 1961, including not less than $20,000,000
under the heading ``International Narcotics Control and Law
Enforcement'': Provided, That the Secretary of State and the
USAID Administrator shall consult with the Committees on
Appropriations on the proposed uses of such funds prior to
obligation and not later than 60 days after enactment of this
Act: Provided further, That such funds shall be in addition to
funds otherwise made available by this Act for such purposes.
(b) Authorities.--
(1) Reconstituting civilian police authority.--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.
(2) Disarmament, demobilization, and reintegration.--
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
2022.
(3) Extension of war reserves stockpile authority.--Section
12001(d) of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 1011) is amended by striking
``of this section'' and all that follows through the period at
the end and inserting ``of this section after September 30,
2025.''.
(4) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject to the
regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act (22 U.S.C. 2763) may be used to provide
financing to Israel, Egypt, the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
(5) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund), to
remain available for obligation until September 30, 2024:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the
Secretary of State.
(6) Duty to inform and public disclosure.--Section 620M of
the Foreign Assistance Act of 1961 (Limitation on Assistance to
Security Forces) is amended as follows--
(A) In subsection (b), by striking ``Committee on
Foreign Relations'' through ``Appropriations'' and
inserting in lieu thereof ``appropriate congressional
committees''.
(B) In subsection (c), by striking everything after
``Duty to Inform.--'' and inserting--
``(1) If assistance to a foreign security force is provided
in a manner in which the recipient unit or units cannot be
identified prior to the transfer of assistance, the Secretary
of State shall regularly provide a list of units prohibited
from receiving assistance pursuant to this section to the
recipient government and the appropriate congressional
committees and, effective September 30, 2022, such assistance
shall only be made available subject to a written agreement
that the recipient government will comply with such
prohibition.
``(2) In the event that assistance is withheld from any
unit pursuant to this section, the Secretary of State shall
promptly inform the foreign government and the appropriate
congressional committees of the basis for such action and
shall, to the maximum extent practicable, assist the foreign
government in taking effective measures to bring the
responsible members of the unit to justice.''.
(C) After subsection (d), by inserting the
following new subsection:
``(e) Definitions.--
``(1) For the purposes of subsection (d)(7), the term `to
the maximum extent practicable' means that the identity of such
units shall be made publicly available unless the Secretary of
State, on a case-by-case basis, determines and reports to the
appropriate congressional committees that public disclosure is
not in the national security interest of the United States and
provides a detailed justification for such determination, which
may be submitted in classified form.
``(2) For the purposes of this section, `appropriate
congressional committees' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate,
and the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.''.
(7) Oversight and accountability.--
(A) Prior to the signing of a new Letter of Offer
and Acceptance (LOA) involving funds appropriated under
the heading ``Foreign Military Financing Program'', the
Secretary of State shall consult with each recipient
government to confirm that the LOA between the United
States and such recipient government complies with the
purposes of section 4 of the Arms Export Control Act
(22 U.S.C. 2754) and that the defense articles,
services, and training procured with funds appropriated
under such heading are consistent with United States
national security and foreign policy interests.
(B) The Secretary of State shall promptly inform
the appropriate congressional committees of any
instance in which the Secretary of State has credible
information that such assistance was used in a manner
contrary to such agreement.
(C) None of the funds appropriated by this Act may
be used to issue licenses, or assist another Federal
agency in issuing licenses, for the sale or export of
firearms or ammunition to a government security force
in Mexico or Central America unless the Secretary of
State determines and reports to the appropriate
congressional committees that such government--
(i) is implementing end use agreements,
including providing end user certificates, to
prevent the transfer of such firearms or
ammunition to individuals or units implicated
in serious crimes or not authorized in such
agreements or certificates to receive such
items; and
(ii) will maintain a record of the users of
such firearms and ammunition for the purpose of
regular audits.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision
of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the
clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and
conditions as the Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance
shall be furnished for cluster munitions, no defense
export license for cluster munitions may be issued, and
no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(i) the submunitions of the cluster
munitions, after arming, do not result in more
than 1 percent unexploded ordnance across the
range of intended operational environments, and
the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or
cluster munitions technology specifies that the
cluster munitions will only be used against
clearly defined military targets and will not
be used where civilians are known to be present
or in areas normally inhabited by civilians; or
(ii) such assistance, license, sale, or
transfer is for the purpose of demilitarizing
or permanently disposing of such cluster
munitions.
(3) Congressional budget justifications.--Of the funds
realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act and made available for obligation for expenses
incurred by the Department of Defense, Defense Security
Cooperation Agency (DSCA) during fiscal year 2022 pursuant to
section 43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)), $25,000,000 shall be withheld from obligation until
the DSCA, jointly with the Department of State, submits to the
Committees on Appropriations the congressional budget
justification for funds requested under the heading ``Foreign
Military Financing Program'' for fiscal years 2022 and 2023,
including the accompanying classified appendices.
(4) Crowd control items.--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 a
unit of a foreign security force if the Secretary of State has
credible information that such unit uses excessive force to
repress peaceful expression or assembly concerning corruption,
harm to the environment, or the fairness of electoral
processes, or in countries that the Secretary determines are
undemocratic or undergoing democratic transition.
(d) Reports.--
(1) Security assistance report.--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 2021, by country and
purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(2) Annual foreign military training report.--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 (22 U.S.C.
2321k(b)) as a major non-North Atlantic Treaty Organization
ally: Provided, That such third-country training shall be
clearly identified in the report submitted pursuant to section
656 of such Act.
arab league boycott of israel
Sec. 7036. It is the sense of the Congress that--
(1) the Arab League boycott of Israel remains a symbolic
impediment to trade and investment in the Middle East and
should be terminated forthwith;
(2) Arab states and Israel have made important progress
through peace treaties and the Abraham Accords, opening a path
toward a more peaceful Middle East;
(3) all Arab League states should join Egypt, Jordan, the
United Arab Emirates, Bahrain, Morocco, and Sudan in
establishing and normalizing relations with Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel; and
(5) the President should support broadening and deepening
participation in the Abraham Accords, and report annually to
the appropriate congressional committees on the United States
Government's strategy and steps being taken by the United
States to encourage additional Arab League and other Muslim-
majority states to normalize relations with Israel.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2022, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise
honoring individuals who commit, or have committed acts
of terrorism; and
(B) any educational institution located in the West
Bank or Gaza that is named after an individual who the
Secretary of State determines has committed an act of
terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on--
(A) the benchmarks that have been established for
security assistance for the West Bank and Gaza and on
the extent of Palestinian compliance with such
benchmarks; and
(B) the steps being taken by the Palestinian
Authority to end torture and other cruel, inhuman, and
degrading treatment of detainees, including by bringing
to justice members of Palestinian security forces who
commit such crimes.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,300,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2022 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this Act for
the West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for not more than a period of 6
months at a time and shall not apply beyond 12 months after the
enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State shall certify and report
to the Committees on Appropriations prior to the obligation of funds
that the Palestinian Authority has established a single treasury
account for all Palestinian Authority financing and all financing
mechanisms flow through this account, no parallel financing mechanisms
exist outside of the Palestinian Authority treasury account, and there
is a single comprehensive civil service roster and payroll, and the
Palestinian Authority is acting to counter incitement of violence
against Israelis and is supporting activities aimed at promoting peace,
coexistence, and security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with Hamas
and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and sections 502B and 620M of the Foreign Assistance Act of
1961, and may only be made available for assistance for the
Government of Egypt if the Secretary of State certifies and
reports to the Committees on Appropriations that such
government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(2) Economic support fund.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not less
than $125,000,000 shall be made available for assistance for
Egypt, of which not less than $40,000,000 should be made
available for higher education programs, including not less
than $15,000,000 for scholarships for Egyptian students with
high financial need to attend not-for-profit institutions of
higher education in Egypt that are currently accredited by a
regional accrediting agency recognized by the United States
Department of Education, or meets standards equivalent to those
required for United States institutional accreditation by a
regional accrediting agency recognized by such Department:
Provided, That such funds shall be made available for democracy
programs, and for development programs in the Sinai: Provided
further, That such funds may not be made available for cash
transfer assistance or budget support.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'', $1,300,000,000, to remain available until
September 30, 2023, should be made available for
assistance for Egypt: Provided, That such funds may be
transferred to an interest bearing account in the
Federal Reserve Bank of New York, following
consultation with the Committees on Appropriations, and
the uses of any interest earned on such funds shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on
Appropriations: Provided further, That $225,000,000 of
such funds shall be withheld from obligation until the
Secretary of State certifies and reports to the
Committees on Appropriations that the Government of
Egypt is making consistent progress in--
(i) strengthening the rule of law,
democratic institutions, and human rights in
Egypt, including protecting religious
minorities and the rights of women, which are
in addition to steps taken during the previous
calendar year for such purposes;
(ii) implementing reforms that protect
freedom of expression, association, and
assembly, including the ability of civil
society organizations, human rights defenders,
and the media to function without interference;
(iii) holding Egyptian security forces
accountable, including officers credibly
alleged to have violated human rights;
(iv) investigating and prosecuting cases of
torture, extrajudicial killings, and forced
disappearances; and
(v) providing regular access for United
States officials to monitor such assistance in
the North Sinai and other areas where the
assistance is used.
(B) Waiver.--The Secretary of State may waive the
certification requirement with respect to the
withholding of funds in subparagraph (A), in whole or
in part, if the Secretary determines and reports to the
Committees on Appropriations that to do so is important
to the national security interest of the United States,
and submits a report to such Committees containing a
detailed justification for the use of such waiver and
the reasons why any of the requirements of subparagraph
(A) cannot be met: Provided, That the report required
by this paragraph shall be submitted in unclassified
form, but may be accompanied by a classified annex.
(C) In addition to the funds withheld pursuant to
subparagraph (A)--
(i) $75,000,000 of the funds made available
pursuant to this paragraph shall be withheld
from obligation until the Secretary of State
determines and reports to the Committees on
Appropriations that the Government of Egypt is
making consistent progress in ending arbitrary
detention and the mistreatment of prisoners,
and releasing political prisoners, and is not
engaging in a pattern of intimidation or
harassment as referenced in 22 U.S.C. 2756; and
(ii) the Secretary of State shall take the
necessary steps to ensure that the Government
of Egypt provides for timely and fair
compensation for injuries and losses suffered
by American citizens as a result of actions by
the Egyptian military.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available to support: (A) the United
States policy to prevent Iran from achieving the capability to
produce or otherwise obtain a nuclear weapon; (B) an
expeditious response to any violation of UN Security Council
Resolutions or to efforts that advance Iran's nuclear program;
(C) the implementation and enforcement of sanctions against
Iran for its support of nuclear weapons development, terrorism,
human rights abuses, and ballistic missile and weapons
proliferation; and (D) democracy programs for Iran, to be
administered by the Assistant Secretary of State for Democracy,
Human Rights, and Labor.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State
shall submit to the Committees on Appropriations the
semi-annual report required by section 135(d)(4) of the
Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
added by section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days
after the date of enactment of this Act, the Secretary
of State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report on--
(i) the status of United States bilateral
sanctions on Iran;
(ii) the reimposition and renewed
enforcement of secondary sanctions; and
(iii) the impact such sanctions have had on
Iran's destabilizing activities throughout the
Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Iraq
for--
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region
of Iraq;
(B) stabilization assistance, including in Anbar
Province;
(C) programs to support government transparency and
accountability, judicial independence, protect the
right of due process, and combat corruption;
(D) humanitarian assistance, including in the
Kurdistan Region of Iraq; and
(E) programs to protect and assist religious and
ethnic minority populations in Iraq.
(2) Limitations.--The Secretary of State shall ensure that
funds appropriated under title IV of this Act that are made
available for assistance for Iraqi security forces are
monitored in accordance with sections 502B and 620M of the
Foreign Assistance Act of 1961.
(d) Israel.--
(1) Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'', not less than
$3,300,000,000 shall be available for grants only for Israel
which shall be disbursed within 30 days of enactment of this
Act: Provided, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants
made available for Israel under this heading shall, as agreed
by the United States and Israel, be available for advanced
weapons systems, of which not less than $785,300,000 shall be
available for the procurement in Israel of defense articles and
defense services, including research and development.
(2) Of the funds appropriated by this Act under the heading
``Migration and Refugee Assistance'', $5,000,000 shall be made
available for refugees resettling in Israel.
(e) Jordan.--Of the funds appropriated by this Act under titles III
and IV, not less than $1,250,000,000 shall be made available for
assistance for Jordan: Provided, That up to an additional $400,000,000
under the heading ``Economic Support Fund'' may be made available for
assistance for Jordan, including for budget support.
(f) Lebanon.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Lebanon:
Provided, That such funds made available under the heading
``Economic Support Fund'' may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(2) Security assistance.--
(A) Funds appropriated by this Act under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing
Program'' that are made available for assistance for
Lebanon may be made available for programs and
equipment for the Lebanese Internal Security Forces
(ISF) and the Lebanese Armed Forces (LAF) to address
security and stability requirements in areas affected
by conflict in Syria, following consultation with the
appropriate congressional committees.
(B) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are
made available for assistance for Lebanon may only be
made available for programs to--
(i) professionalize the LAF to mitigate
internal and external threats from non-state
actors, including Hizballah;
(ii) strengthen border security and combat
terrorism, including training and equipping the
LAF to secure the borders of Lebanon and
address security and stability requirements in
areas affected by conflict in Syria,
interdicting arms shipments, and preventing the
use of Lebanon as a safe haven for terrorist
groups; and
(iii) implement United Nations Security
Council Resolution 1701:
Provided, That prior to obligating funds made
available by this subparagraph for assistance for the
LAF, the Secretary of State shall submit to the
Committees on Appropriations a spend plan, including
actions to be taken to ensure equipment provided to the
LAF is used only for the intended purposes, except such
plan may not be considered as meeting the notification
requirements under section 7015 of this Act or under
section 634A of the Foreign Assistance Act of 1961:
Provided further, That any notification submitted
pursuant to such section shall include any funds
specifically intended for lethal military equipment.
(3) Limitation.--None of the funds appropriated by this Act
may be made available for the ISF or the LAF if the ISF or the
LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(g) Libya.--Funds appropriated under titles III and IV of this Act
shall be made available for stabilization assistance for Libya,
including support for a United Nations-facilitated political process
and border security: Provided, That the limitation on the uses of
funds for certain infrastructure projects in section 7041(f)(2) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76) shall apply
to such funds.
(h) Saudi Arabia.--
(1) Prohibition on assistance.--None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for assistance for the
Government of Saudi Arabia.
(2) Export-import bank.--None of the funds appropriated or
otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs should be obligated or expended by the
Export-Import Bank of the United States to guarantee, insure,
or extend (or participate in the extension of) credit in
connection with the export of nuclear technology, equipment,
fuel, materials, or other nuclear technology-related goods or
services to Saudi Arabia unless the Government of Saudi
Arabia--
(A) has in effect a nuclear cooperation agreement
pursuant to section 123 of the Atomic Energy Act of
1954 (42 U.S.C. 2153);
(B) has committed to renounce uranium enrichment
and reprocessing on its territory under that agreement;
and
(C) has signed and implemented an Additional
Protocol to its Comprehensive Safeguards Agreement with
the International Atomic Energy Agency.
(i) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Peacekeeping
Operations'', may be made available, notwithstanding any other
provision of law, for non-lethal stabilization assistance for
Syria, including for emergency medical and rescue response and
chemical weapons investigations.
(2) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project or
activity that supports or otherwise legitimizes the
Government of Iran, foreign terrorist organizations (as
designated pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189)), or a proxy of
Iran in Syria;
(B) may not be made available for activities that
further the strategic objectives of the Government of
the Russian Federation that the Secretary of State
determines may threaten or undermine United States
national security interests; and
(C) should not be used in areas of Syria controlled
by a government led by Bashar al-Assad or associated
forces.
(3) Authority.--The President may exercise the authority of
sections 552(c) and 610 of the Foreign Assistance Act of 1961
to provide assistance for Syria, notwithstanding any other
provision of law and without regard to the percentage and
dollar limitations in such sections.
(4) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Tunisia.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act should be made available for assistance for Tunisia
to implement the reforms enumerated in section 7041(m)(1)
through (4) of this Act.
(2) Report.--Prior to the obligation of funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' for assistance for Tunisia but not later than 45 days
after enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations on
whether--
(A) the Tunisian military has participated in or
otherwise supported the democratic backsliding in
Tunisia;
(B) the Government of Tunisia is using or relying
on the military to reinforce its autocratic actions;
and
(C) the government is taking credible steps to
restore constitutional order and democratic governance,
including respecting freedom of expression,
association, and the press, and the rights of members
of political parties.
(k) West Bank and Gaza.--
(1) Assistance.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$225,000,000 shall be made available for programs in the West
Bank and Gaza, including for water, sanitation, and other
municipal infrastructure improvements.
(2) Report.--Prior to the initial obligation of funds made
available by this Act under the heading ``Economic Support
Fund'' for assistance for the West Bank and Gaza, the Secretary
of State shall report to the Committees on Appropriations that
the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and
accountable government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(3) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``Economic Support Fund'' in this Act may be
made available for assistance for the Palestinian
Authority, if after the date of enactment of this Act--
(I) the Palestinians obtain the same
standing as member states or full membership as
a state in the United Nations or any
specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians;
or
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support
such an investigation, that subjects Israeli
nationals to an investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive the
restriction in clause (i) of this subparagraph
resulting from the application of subclause (I) of such
clause if the Secretary certifies to the Committees on
Appropriations that to do so is in the national
security interest of the United States, and submits a
report to such Committees detailing how the waiver and
the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of
section 1003 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (Public Law 100-204) if
the President determines and certifies in writing to
the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the
appropriate congressional committees that the
Palestinians have not, after the date of enactment of
this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel
and the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for
alleged crimes against Palestinians.
(ii) Not less than 90 days after the President is
unable to make the certification pursuant to clause (i)
of this subparagraph, the President may waive section
1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that the
Palestinians have entered into direct and meaningful
negotiations with Israel: Provided, That any waiver of
the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under
this clause may be exercised.
(iii) Any waiver pursuant to this subparagraph
shall be effective for no more than a period of 6
months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(4) Application of taylor force act.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' that are
made available for assistance for the West Bank and Gaza shall
be made available consistent with section 1004(a) of the Taylor
Force Act (title X of division S of Public Law 115-141).
(l) Western Sahara.--
(1) Funds appropriated by this Act under titles I through
IV shall be made available for assistance for the Western
Sahara, including to support diplomatic efforts to facilitate a
political settlement of the conflict in the Western Sahara.
(2) None of the funds appropriated or otherwise made
available by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related
programs may be used to support the construction or operation
in the Western Sahara of a United States consulate.
(m) Economic and Governance Reforms.--Prior to the initial
obligation of funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for the governments of Egypt,
Jordan, Lebanon, and Tunisia, but not later than 90 days after
enactment of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations on the extent to which each government
is making consistent progress in increasing equitable economic growth
and opportunity, improving governance, and reducing corruption,
including by--
(1) implementing free market and civil service reforms,
raising revenue to support public utilities and services, and
reducing subsidies;
(2) improving transparency and accountability to reduce
waste, enhance efficiencies, and prevent conflicts of interest
and other corrupt practices related to public service and
expenditures;
(3) enforcing laws and policies that protect freedom of
expression, association, and the press, and the right of due
process; and
(4) strengthening judicial independence, including the
transparent selection of judges.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
Funds appropriated by this Act under the heading ``International
Military Education and Training'' for the central government of a
country in the African Great Lakes region may be made available only
for Expanded International Military Education and Training and
professional military education until the Secretary of State determines
and reports to the Committees on Appropriations that such government is
not facilitating or otherwise participating in destabilizing activities
in a neighboring country, including aiding and abetting armed groups.
(b) Ethiopia.--
(1) Prohibition.--None of the funds appropriated by this
Act under the heading ``Foreign Military Financing Program''
may be made available for assistance for Ethiopia.
(2) Restrictions.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution--
(A) to use the voice and vote of the United States
to oppose any loan or extension of financial or
technical assistance to the Government of Ethiopia; and
(B) to work with other key donor countries to
develop a coherent policy for future engagement with,
and lending to, the Government of Ethiopia, in a manner
that protects human rights and promotes peace and
reconciliation.
(3) Exception.--The restrictions under paragraph (2) shall
not apply--
(A) with respect to loans or financial or technical
assistance for humanitarian purposes or to support
projects that meet basic human needs; and
(B) on or after the date that is 30 days after the
Secretary of State determines and reports to the
appropriate congressional committees that the
Government of Ethiopia has--
(i) ceased all offensive military
operations;
(ii) taken credible and sustained steps
toward a genuine political dialogue to end the
conflict;
(iii) implemented measures to protect human
rights and ensure adherence to international
humanitarian law and international refugee law;
(iv) continuously allowed unimpeded
humanitarian access; and
(v) cooperated with independent
investigations of serious violations of human
rights.
(c) Democratic Republic of the Congo.--Of the funds appropriated
under titles III and IV of this Act, not less than $325,000,000 shall
be made available for assistance for the Democratic Republic of the
Congo (DRC) for stabilization, global health, and bilateral economic
assistance, including in areas affected by, and at risk from, the Ebola
virus disease: Provided, That such funds shall also be made available
to support security, stabilization, development, and democracy in
Eastern DRC: Provided further, That funds appropriated by this Act
under the headings ``Peacekeeping Operations'' and ``International
Military Education and Training'' that are made available for such
purposes may be made available notwithstanding any other provision of
law, except section 620M of the Foreign Assistance Act of 1961.
(d) Mozambique.--Of the funds appropriated under titles III and IV
of this Act, not less than $537,500,000 shall be made available for
assistance for Mozambique, including for stabilization, global health,
and bilateral economic assistance in areas affected by violent
extremism.
(e) South Sudan.--
(1) Assistance.--Funds appropriated under title III of this
Act that are made available for assistance for South Sudan
should be made available for democracy programs and for
conflict mitigation and reconciliation programs.
(2) Limitation on assistance for the central government.--
Funds appropriated by this Act that are made available for
assistance for the central Government of South Sudan may only
be made available, following consultation with the Committees
on Appropriations, for--
(A) humanitarian assistance;
(B) health programs, including to prevent, detect,
and respond to infectious diseases;
(C) assistance to support South Sudan peace
negotiations or to advance or implement a peace
agreement; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace
Agreement, and subsequent and mutual arrangements
related to such agreement, or any other internationally
recognized viable peace agreement in South Sudan:
Provided, That prior to the initial obligation of funds made
available pursuant to subparagraphs (C) and (D), the Secretary
of State shall consult with the Committees on Appropriations on
the intended uses of such funds and steps taken by such
government to advance or implement a peace agreement.
(f) Sudan.--
(1) Assistance.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, except funds designated by
the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act, may be made available for
assistance for Sudan notwithstanding any other provision of law
except sections 502B and 620M of the Foreign Assistance Act of
1961, the Trafficking Victims Protection Act of 2000, and the
Child Soldiers Prevention Act of 2008.
(2) Limitation.--None of the funds appropriated under title
IV of this Act may be made available for military assistance
for Sudan except with the consent of relevant civilian
transitional authorities, and only for--
(A) Expanded International Military Education and
Training and professional military education;
(B) security sector reform; and
(C) assistance to support implementation of
outstanding issues of the Juba Peace Agreement,
Comprehensive Peace Agreement, mutual arrangements
related to post-referendum issues associated with such
Agreement, or any other viable peace agreement in
Sudan.
(3) Consultation and notification.--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 any new program, project, or
activity in Sudan shall be subject to prior consultation with
the appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(g) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any loan,
credit, grant, or guarantee for Zimbabwe, except to meet basic
human needs or to promote democracy, unless the Secretary of
State certifies and reports to the Committees on Appropriations
that the Government of Zimbabwe is making consistent progress
in strengthening democratic institutions and protecting freedom
of expression, association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education, unless
the Secretary of State certifies and reports as required in
paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Uses of funds.--Of the funds appropriated by this Act,
not less than $136,127,000 shall be made available for
assistance for Burma, which--
(A) may be made available notwithstanding any other
provision of law and following consultation with the
appropriate congressional committees;
(B) may be made available for support for the
administrative operations and programs of the National
Unity Government of the Republic of the Union of
Myanmar (NUG), the Civil Disobedience Movement, and
other entities promoting democracy, following
consultation with the appropriate congressional
committees: Provided, That such administrative
operations support for the NUG may only be made
available for the Ministry of Human Rights and the
Ministry of Women, Youths and Children Affairs;
(C) shall be made available for programs to promote
ethnic and religious tolerance and to combat gender-
based violence, including in Kachin, Chin, Mon, Karen,
Karenni, Rakhine, and Shan states;
(D) shall be made available for community-based
organizations with experience operating in Thailand to
provide food, medical, and other humanitarian
assistance to internally displaced persons in eastern
Burma, in addition to assistance for Burmese refugees
from funds appropriated by this Act under the heading
``Migration and Refugee Assistance'';
(E) shall be made available for programs and
activities to investigate and document violations of
human rights in Burma committed by the military junta;
(F) may not be made available for assistance for
the State Administration Council;
(G) may not be made available to any organization
or entity controlled by the military junta in Burma, or
to any individual or organization that has committed,
or is credibly alleged to have committed, a gross
violation of human rights or who advocates violence
against ethnic or religious groups or individuals in
Burma, as determined by the Secretary of State for
programs administered by the Department of State and
USAID or the President of the National Endowment for
Democracy (NED) for programs administered by NED; and
(H) may not be made available for assistance under
the headings ``International Military Education and
Training'' and ``Foreign Military Financing Program''.
(2) Consultation.--Any new program or activity in Burma
initiated in fiscal year 2022 shall be subject to prior
consultation with the appropriate congressional committees.
(b) Cambodia.--
(1) Assistance.--Of the funds appropriated under title III
of this Act, not less than $82,505,000 shall be made available
for assistance for Cambodia.
(2) Certification and exceptions.--
(A) Certification.--None of the funds appropriated
by this Act that are made available for assistance for
the Government of Cambodia may be obligated or expended
unless the Secretary of State certifies and reports to
the Committees on Appropriations that such Government
is taking effective steps to--
(i) strengthen regional security and
stability, particularly regarding territorial
disputes in the South China Sea and the
enforcement of international sanctions with
respect to North Korea;
(ii) assert its sovereignty against
interference by the People's Republic of China,
including by verifiably maintaining the
neutrality of Ream Naval Base, other military
installations in Cambodia, and dual use
facilities such as the Dara Sakor development
project;
(iii) cease violence, threats, and
harassment against civil society and the
political opposition in Cambodia, and dismiss
any politically motivated criminal charges
against critics of the government; and
(iv) respect the rights, freedoms, and
responsibilities enshrined in the Constitution
of the Kingdom of Cambodia as enacted in 1993.
(B) Exceptions.--The certification required by
subparagraph (A) shall not apply to funds appropriated
by this Act and made available for democracy, health,
education, and environment programs, programs to
strengthen the sovereignty of Cambodia, and programs to
educate and inform the people of Cambodia of the
influence activities of the People's Republic of China
in Cambodia.
(3) Uses of funds.--Funds appropriated under title III of
this Act for assistance for Cambodia shall be made available
for--
(A) research, documentation, and education programs
associated with the Khmer Rouge in Cambodia;
(B) assistance for survivors of the Khmer Rouge;
and
(C) programs in the Khmer language to monitor, map,
and publicize the efforts by the People's Republic of
China to expand its influence in Cambodia.
(c) Indo-Pacific Strategy and the Asia Reassurance Initiative Act
of 2018.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $1,605,105,000 shall be made
available to support implementation of the Indo-Pacific
Strategy and the Asia Reassurance Initiative Act of 2018
(Public Law 115-409).
(2) Countering prc influence fund.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'', and ``Foreign
Military Financing Program'', not less than $300,000,000 shall
be made available for a Countering PRC Influence Fund to
counter the influence of the Government of the People's
Republic of China and the Chinese Communist Party and entities
acting on their behalf globally, which shall be subject to
prior consultation with the Committees on Appropriations:
Provided, That such funds are in addition to amounts otherwise
made available for such purposes: Provided further, That such
funds appropriated under such headings may be transferred to,
and merged with, funds appropriated under such headings:
Provided further, That such transfer authority is in addition
to any other transfer authority provided by this Act or any
other Act, and is subject to the regular notification
procedures of the Committees on Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for any project or activity that
directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of
China; and
(B) the use of technology, including biotechnology,
digital, telecommunications, and cyber, developed by
the People's Republic of China unless the Secretary of
State, in consultation with the USAID Administrator and
the heads of other Federal agencies, as appropriate,
determines that such use does not adversely impact the
national security of the United States.
(d) Laos.--Of the funds appropriated by this Act under titles III
and IV, not less than $85,000,000 shall be made available for
assistance for Laos, of which not less than--
(1) $7,500,000 shall be made available for maternal and
child health and nutrition programs;
(2) $1,500,000 shall be made available for health/
disability programs in areas sprayed with Agent Orange;
(3) $1,500,000 shall be made available for assessments to
determine the extent of dioxin contamination at former United
States military sites in Laos, and the feasibility and cost of
remediation; and
(4) $45,000,000 shall be made available for demining and
unexploded ordnance clearance activities.
(e) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available for assistance for the central government of a
country the Secretary of State determines and reports to the
appropriate congressional committees engages in significant
transactions contributing materially to the malicious cyber-
intrusion capabilities of the Government of North Korea:
Provided, That the Secretary of State shall submit the report
required by section 209 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C. 9229) to
the Committees on Appropriations: Provided further, That the
Secretary of State may waive the application of the restriction
in this paragraph with respect to assistance for the central
government of a country if the Secretary determines and reports
to the appropriate congressional committees that to do so is
important to the national security interest of the United
States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at
levels not less than the prior fiscal year.
(3) Human rights.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'' shall
be made available for the promotion of human rights in North
Korea: Provided, That the authority of section 7032(b)(1) of
this Act shall apply to such funds.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``Economic Support
Fund'' may be made available for assistance for the Government
of North Korea.
(f) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs'' in this
Act may be obligated or expended for processing licenses for
the export of satellites of United States origin (including
commercial satellites and satellite components) to the People's
Republic of China (PRC) unless, at least 15 days in advance,
the Committees on Appropriations are notified of such proposed
action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any entity
that the Secretary of State has reason to believe is owned or
controlled by, or an affiliate of, the PLA.
(3) Hong kong.--
(A) Democracy programs.--Of the funds appropriated
by this Act under the first paragraph under the heading
``Democracy Fund'', not less than $5,000,000 shall be
made available for democracy and Internet freedom
programs for Hong Kong, including legal and other
support for democracy activists.
(B) Restrictions on assistance.--None of the funds
appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs that are made
available for assistance for Hong Kong should be
obligated for assistance for the Government of the
People's Republic of China and the Chinese Communist
Party or any entity acting on their behalf in Hong
Kong.
(C) Report.--Funds appropriated under title I of
this Act shall be made available to prepare and submit
to Congress the report required by section 301 of the
United States-Hong Kong Policy Act of 1992 (22 U.S.C.
5731), which shall include the information described in
section 7043(f)(4)(B) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2020 (division G of Public Law 116-94) and under
section 7043(f)(3)(C) in the explanatory statement
described in section 4 in the matter preceding division
A of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2021 (division K
of Public Law 116-260).
(4) Clarification.--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 programs in the People's Republic of China may be
used to counter the impact of Chinese influence and investments
in the Greater Mekong Subregion, following consultation with
the Committees on Appropriations.
(g) Philippines.--None of the funds appropriated by this Act may be
made available for counternarcotics assistance for the Philippines,
except for drug demand reduction, maritime law enforcement, or
transnational interdiction: Provided, That funds appropriated by this
Act under the heading ``Foreign Military Financing Program'' should
only be made available for maritime security and domain awareness:
Provided further, That not later than 45 days after enactment of this
Act, the Secretary of State shall submit to the Committees on
Appropriations the report required under this heading in the
explanatory statement accompanying this Act.
(h) Tibet.--
(1) Multilateral financing of projects in tibet.--The
Secretary of the Treasury should instruct the United States
executive director of each international financial institution
to use the voice and vote of the United States to support
financing of projects in Tibet if such projects do not provide
incentives for the migration and settlement of non-Tibetans
into Tibet or facilitate the transfer of ownership of Tibetan
land and natural resources to non-Tibetans, are based on a
thorough needs-assessment, foster self-sufficiency of the
Tibetan people and respect Tibetan culture and traditions, and
are subject to effective monitoring.
(2) Programs for tibetan communities.--
(A) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$13,000,000 shall be made available to nongovernmental
organizations to support activities which preserve
cultural traditions and promote sustainable
development, education, and environmental conservation
in Tibetan communities in the Tibet Autonomous Region
and in other Tibetan communities in China.
(B) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$7,000,000 shall be made available for programs to
promote and preserve Tibetan culture and language in
the refugee and diaspora Tibetan communities,
development, and the resilience of Tibetan communities
and the Central Tibetan Administration in India and
Nepal, and to assist in the education and development
of the next generation of Tibetan leaders from such
communities: Provided, That such funds are in addition
to amounts made available in subparagraph (A) for
programs inside Tibet.
(C) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for programs to
strengthen the capacity of the Central Tibetan
Administration: Provided, That such funds shall be
administered by the United States Agency for
International Development.
(D) Funds made available pursuant to this paragraph
may be made available notwithstanding any other
provision of law.
(3) Tibetan institutes promoting democracy and religious
freedom.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made available for
the Countering PRC Influence Fund, not less than $3,000,000
shall be made available, on a competitive basis, as grants for
operations and program expenses of one or more Tibetan
institutes established by Tibetan nationals and located in
Asia, a purpose of which is to support democracy and religious
freedom in Tibet and the People's Republic of China and to
counter the influence of Confucius Institutes: Provided, That
such funds shall be the responsibility of the Assistant
Secretary of State for Democracy, Human Rights, and Labor, and
shall be in addition to funds otherwise made available for such
purposes.
(i) Vietnam.--Of the funds appropriated under titles III and IV of
this Act, not less than $181,000,000 shall be made available for
assistance for Vietnam, of which not less than--
(1) $15,000,000 shall be made available for health and
disability programs related to the use of Agent Orange and
exposure to dioxin, to assist individuals with severe upper or
lower body mobility impairment or cognitive or developmental
disabilities;
(2) $19,000,000 shall be made available for demining and
unexploded ordnance clearance activities;
(3) $20,000,000 shall be made available, notwithstanding
any other provision of law, for activities related to the
remediation of dioxin contaminated sites in Vietnam and may be
made available for assistance for the Government of Vietnam,
including the military, for such purposes;
(4) $2,000,000 shall be made available for a war legacy
reconciliation program; and
(5) $15,000,000 shall be made available for higher
education programs.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Assistance.--
(A) None of the funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs and
made available for assistance for Afghanistan may be
made available for direct assistance to the Taliban.
(B) Funds appropriated by this Act under the
heading ``Economic Support Fund'' that are available
for assistance for Afghanistan should be made available
to support higher education programs for Afghan
students, including through distance learning and
scholarships to institutions located outside of
Afghanistan.
(2) Report.--Not later than 30 days after enactment of this
Act and every 60 days thereafter until September 30, 2022, the
Secretary of State shall submit a report to the Committees on
Appropriations, in classified form if necessary, detailing the
status of United States diplomatic facilities in Afghanistan,
including whether such facilities are occupied and controlled
by United States officials or contractors, information
regarding any breach of such facilities by the Taliban or other
non-United States Government entities, the plan and costs
associated with the security and maintenance of such facilities
beginning in August 2021, and an estimate of the cost of any
losses regarding physical damage or violation of the integrity
of the security associated with such facilities.
(b) Bangladesh.--Of the funds appropriated under titles III and IV
of this Act, not less than $198,325,000 shall be made available for
assistance for Bangladesh, of which--
(1) not less than $23,500,000 shall be made available to
address the needs of communities impacted by refugees from
Burma;
(2) not less than $10,000,000 shall be made available for
programs to protect freedom of expression and association, and
the right of due process; and
(3) not less than $23,300,000 shall be made available for
democracy programs, of which not less than $2,000,000 shall be
made available for such programs for the Rohingya community in
Bangladesh.
(c) Nepal.--Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made available for
assistance for Nepal shall only be made available for humanitarian and
disaster relief and reconstruction activities, and in support of
international peacekeeping operations: Provided, That such funds may
only be made available for additional uses if the Secretary of State
certifies and reports to the Committees on Appropriations that the
Government of Nepal is investigating and prosecuting violations of
human rights and the laws of war by the Nepal Army, and the Nepal Army
is cooperating fully with civilian judicial authorities in such cases.
(d) Pakistan.--
(1) Terms and conditions.--The terms and conditions of
section 7044(c) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F of
Public Law 116-6) shall continue in effect during fiscal year
2022.
(2) Assistance.--Of the funds appropriated under title III
of this Act that are made available for assistance for
Pakistan, not less than $15,000,000 shall be made available for
democracy programs and not less than $10,000,000 shall be made
available for gender programs.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated by this Act under
titles I and III should be made available for assistance for
Sri Lanka for--
(A) educational and cultural exchanges;
(B) public diplomacy programs;
(C) democracy and governance programs; and
(D) economic development programs, particularly in
areas recovering from ethnic and religious conflict.
(2) Notification.--Funds made available for assistance for
any other purposes in Sri Lanka shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(3) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for the Sri Lankan armed
forces, except for maritime security and domain awareness,
including professionalization and training for the navy and
coast guard.
(4) Ineligibility.--The Secretary of State should apply
section 7031(c) of this Act to Sri Lankan officials credibly
implicated in war crimes and other serious violations of human
rights, or in significant acts of corruption.
(5) Report.--Not later than 45 days after enactment of this
Act and every 90 days thereafter until September 30, 2022, the
Secretary of State shall submit a report to the Committees on
Appropriations assessing actions taken by the Government of Sri
Lanka to--
(A) protect the rights and freedoms of the people
of Sri Lanka regardless of ethnicity and religious
belief, including by investigating violations of human
rights and the laws of war and holding perpetrators
accountable;
(B) increase transparency and accountability in
governance, and reduce corruption;
(C) assert its sovereignty against influence by the
People's Republic of China; and
(D) promote reconciliation between ethnic and
religious groups, particularly arising from past
conflicts in Sri Lanka, including by--
(i) addressing land confiscation and
ownership issues;
(ii) resolving cases of missing persons,
including by maintaining a functioning office
of missing persons;
(iii) reducing the presence of the armed
forces in former conflict zones and
restructuring the armed forces for a peacetime
role that contributes to post-conflict
reconciliation and regional security;
(iv) repealing or amending laws on arrest
and detention by security forces to comply with
international standards; and
(v) bringing to justice police officers
involved in cases of arbitrary and
incommunicado detention and torture, and
supporting a credible justice mechanism for
resolving cases of war crimes.
(f) Regional Programs.--Funds appropriated by this Act should be
made available for assistance for countries in South and Central Asia
to significantly increase the recruitment, training, and retention of
women in the judiciary, police, and other security forces, and to train
judicial and security personnel in such countries to prevent and
address gender-based violence, human trafficking, and other practices
that disproportionately harm women and girls.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--
(A) Of the funds appropriated by this Act under
titles III and IV, not less than $653,875,000 should be
made available for assistance for Belize, Costa Rica,
El Salvador, Guatemala, Honduras, Nicaragua, and
Panama, including to implement the Root Causes Strategy
and through the Central America Regional Security
Initiative: Provided, That such assistance shall be
prioritized for programs and activities that address
the violence, poverty, and other factors that
contribute to irregular migration, particularly of
unaccompanied minors, to the United States, including
for programs to reduce violence against women and
girls, address the needs and protect the rights of
Indigenous people, and for support for civil society
and other independent institutions and activities to
combat corruption and impunity.
(B) Up to $100,000,000 of the funds made available
pursuant to subparagraph (A) for assistance for El
Salvador, Guatemala, and Honduras may be made available
for programs that support locally-led development in
such countries and may remain available until September
30, 2027: Provided, That up to 15 percent of the funds
made available to carry out this subparagraph may be
used by USAID for administrative and oversight expenses
related to the purposes of this subparagraph: Provided
further, That other than to meet the requirements of
this subparagraph, funds made available to carry out
this subparagraph may not be allocated in the report
required by section 653(a) of the Foreign Assistance
Act of 1961 to meet any other specifically designated
funding levels contained in this Act: Provided
further, That such funds may be attributed to any such
specifically designated funding level after the award
of funds under this section, if applicable: Provided
further, That the USAID Administrator shall consult
with the Committees on Appropriations on the planned
uses of funds to carry out this subparagraph prior to
the initial obligation of funds: Provided further,
That such funds shall be subject to the regular
notification procedures of the Committees on
Appropriations.
(C) Not less than $70,000,000 of the funds made
available pursuant to subparagraph (A) shall be made
available for programs to reduce violence against women
and girls, including for women's shelters, girls
education, and anti-gang programs: Provided, That of
such funds, not less than $20,000,000 shall be made
available to support bilateral compacts with the
governments of El Salvador, Guatemala, and Honduras for
the specific purpose of strengthening the capacity of
the judicial systems in such countries to protect women
and children from domestic violence, sexual assault,
trafficking, and child abuse or neglect, including by
holding perpetrators accountable.
(2) Limitation on assistance to certain central
governments.--
(A) Of the funds made available pursuant to
paragraph (1) under the heading ``Economic Support
Fund'' and under title IV of this Act that are made
available for assistance for each of the central
governments of El Salvador, Guatemala, and Honduras, 50
percent may only be obligated after the Secretary of
State certifies and reports to the Committees on
Appropriations that such government is--
(i) combating corruption and impunity,
including by implementing laws and policies to
ensure transparency of government receipts and
expenditures, and by allowing independent
investigations and prosecutions of corrupt
public officials to proceed;
(ii) protecting the rights of civil
society, members of political parties, freedom
of expression, association, and the press;
(iii) respecting the right of due process
and holding accountable members of security
forces who violate human rights;
(iv) implementing policies to reduce
poverty and promote equitable economic growth
and opportunity;
(v) respecting the independence of the
judiciary and of electoral processes;
(vi) combating human smuggling and
trafficking and countering the activities of
criminal gangs, drug traffickers, and
transnational criminal organizations;
(vii) informing its citizens of the dangers
of the journey to the southwest border of the
United States; and
(viii) resolving disputes involving the
confiscation of real property of United States
entities.
(B) Reprogramming.--If the Secretary is unable to
make the certification required by subparagraph (A) for
one or more of the central governments, such assistance
may be reprogrammed for assistance for civil society
organizations and local governments in such country, or
for other countries in Latin America and the Caribbean,
notwithstanding the funding provisions in this
subsection and the limitations in section 7019 of this
Act: Provided, That any such reprogramming shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(C) Exceptions.--The limitation of subparagraph (A)
shall not apply to funds appropriated by this Act that
are made available for--
(i) offices of Attorneys General and other
judicial authorities that are acting
independently to combat organized crime,
corruption, and impunity;
(ii) programs to support women and girls
and to combat sexual and gender-based violence;
(iii) programs to promote respect for the
rule of law and to protect human rights,
including of Indigenous communities and Afro-
descendants;
(iv) programs to strengthen democracy;
(v) humanitarian assistance;
(vi) public health and education; and
(vii) food security programs.
(D) Foreign military financing program.--None of
the funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made
available for assistance for El Salvador, Guatemala, or
Honduras.
(E) Central americorps.--Of the funds appropriated
by this Act under the heading ``Development
Assistance'', not less than $50,000,000 shall be made
available for a program modeled on ``AmeriCorps'' in El
Salvador, Guatemala, and Honduras, which shall be named
``Central AmeriCorps'' and implemented in accordance
with the guidelines under this heading in the
explanatory statement accompanying this Act: Provided,
That the goal of Central AmeriCorps shall be to create
measurable reductions in migration from targeted
communities in such countries by recruiting young
people to engage in COVID-19 response, hurricane
preparedness and recovery, and other community
projects, while having secondary impacts by channeling
additional income into local economies and providing
needed skills training for future employment in local
businesses: Provided further, That participants shall
be recruited from communities with high outward
migration and low income, including Indigenous
communities: Provided further, That not later than 45
days after enactment of this Act, the USAID
Administrator shall consult with the Committees on
Appropriations on the establishment and implementation
of Central AmeriCorps.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $463,850,000 should be
made available for assistance for Colombia: Provided, That of
such funds that are made available under the heading
``International Narcotics Control and Law Enforcement'' for
such assistance, not less than $70,000,000 shall be made
available to enhance rural security in coca producing
municipalities that are targeted for assistance programs that
provide viable economic alternatives and improve access to
public services.
(2) Withholding of funds.--
(A) Counternarcotics.--
(i) Of the funds appropriated by this Act
under the heading ``International Narcotics
Control and Law Enforcement'' that are made
available for assistance for Colombia, 20
percent may be obligated only if the Secretary
of State certifies and reports to the
Committees on Appropriations that the
Government of Colombia is implementing an
effective whole-of-government strategy to
substantially and sustainably reduce coca
cultivation and cocaine production levels in
Colombia, by prioritizing and increasing
domestic funding to enhance rural security in
coca producing municipalities that are targeted
for assistance programs that provide viable
economic alternatives and improve access to
public services, and such strategy is in
accordance with the 2016 peace accord between
the Government of Colombia and the
Revolutionary Armed Forces of Colombia; and
(ii) Of the funds appropriated by this Act
under the heading ``International Narcotics
Control and Law Enforcement'' and made
available for assistance for the Colombian
National Police, 5 percent may be obligated
only if the Secretary of State certifies and
reports to the Committees on Appropriations
that the Government of Colombia is bringing to
justice police personnel who ordered, directed,
and used excessive force and engaged in other
illegal acts against peaceful protesters in
2021.
(B) Human rights.--Of the funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' and made available for assistance for
Colombia, 20 percent may be obligated only if the
Secretary of State certifies and reports to the
Committees on Appropriations that--
(i) the Special Jurisdiction for Peace and
other judicial authorities, as appropriate, are
sentencing perpetrators of serious violations
of human rights, including those with command
responsibility, to deprivation of liberty;
(ii) the Government of Colombia is making
consistent progress in reducing threats and
attacks against human rights defenders and
other civil society activists, and judicial
authorities are prosecuting and punishing those
responsible for ordering and carrying out such
attacks;
(iii) the Government of Colombia is making
consistent progress in protecting Afro-
Colombian and Indigenous communities and is
respecting their rights and territories;
(iv) senior military officers responsible
for ordering, committing, and covering up cases
of false positives are being prosecuted and
punished, officers with pending cases are not
being promoted, and witnesses are being
protected; and
(v) the Government of Colombia is bringing
to justice military and police personnel who
authorized, conducted, and covered up illegal
surveillance and communications intercepts and
has taken effective steps to prevent the
recurrence of such crimes.
(3) Exceptions.--The limitations of paragraph (2) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
and made available for assistance for Colombia may be used to
transport personnel and supplies involved in drug eradication
and interdiction, including security for such activities, and
to provide transport in support of alternative development
programs and investigations by civilian judicial authorities.
(5) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the Colombian
National Police's Mobile Anti-Disturbances Squadron.
(6) Reintegration programs.--Funds appropriated by this Act
that are made available for assistance for Colombia may be used
to support demining and unexploded ordnance clearance
activities involving former combatants who have demobilized and
renounced violence.
(c) Cuba.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $20,000,000 shall be made available
for democracy programs in Cuba.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $5,000,000 shall be made available,
notwithstanding any other provision of law, for programs to
support--
(A) free enterprise and private business
organizations in Cuba; and
(B) people-to-people educational and cultural
activities involving citizens of Cuba and the United
States.
(3) None of the funds appropriated by this Act may be made
available to any entity controlled by the Cuban military.
(4) Funds appropriated under title I of this Act shall be
made available for--
(A) the operation of, and infrastructure and
security improvements to, United States diplomatic
facilities in Cuba; and
(B) costs associated with additional United States
diplomatic personnel in Cuba.
(5) Funds made available pursuant to this subsection shall
be subject to prior consultation with the Committees on
Appropriations.
(d) Haiti.--
(1) Certification.--Funds appropriated by this Act that are
made available for assistance for Haiti may only be made
available for the central Government of Haiti if the Secretary
of State certifies and reports to the appropriate congressional
committees that a new President and Parliament have taken
office after free and fair elections, or the country is being
led by a transitional governing authority that is broadly
representative of Haitian society, and it is in the national
interest of the United States to provide such assistance.
(2) Exceptions.--Notwithstanding paragraph (1), funds may
be made available to support--
(A) free and fair elections;
(B) anti-gang police and administration of justice
programs, including to reduce pre-trial detention and
eliminate inhumane prison conditions;
(C) public health, food security, water and
sanitation, education, and other programs to meet basic
human needs; and
(D) disaster relief and recovery.
(3) Notification.--Funds appropriated by this Act that are
made available for assistance for Haiti shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(4) Prohibition.--None of the funds appropriated or
otherwise made available by this Act may be used for assistance
for the armed forces of Haiti.
(5) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
(e) Nicaragua.--(1) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $10,000,000 shall be
made available for civil society programs for Nicaragua.
(2) The Secretary of the Treasury shall instruct the United States
executive director of each international financial institution to vote
against any loan, grant, credit, or guarantee for the Government of
Nicaragua, except to meet basic human needs or to strengthen democracy,
unless the Secretary of State certifies and reports to the Committees
on Appropriations that Nicaragua has held free and fair presidential
elections and the rule of law has been restored, including freedom of
expression, association, and assembly, the right of due process, and
the rights of members of political parties.
(3) The Secretary of State should apply section 7031(c) of this Act
to the Nicaraguan officials responsible for ordering the wrongful
arrests of potential presidential candidates in 2021.
(4) None of the funds appropriated by this Act should be made
available for assistance for the central government of a country that
the Secretary of State determines and reports to the Committees on
Appropriations has taken affirmative steps intended to support or be
supportive of the outcome of presidential elections in Nicaragua that
the Secretary determines are neither free nor fair: Provided, That the
Secretary may waive the restriction on assistance required by this
paragraph if the Secretary determines and reports to such Committees
that to do so is in the national interest of the United States, and
includes a justification for such interest.
(5) The Secretary of State should use all available diplomatic
tools to suspend Nicaragua's participation in the Central America Free
Trade Agreement in government-controlled sectors of the economy, until
the Secretary determines and reports to the Committees on
Appropriations that Nicaragua has held free and fair presidential
elections.
(f) Venezuela.--(1) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $50,000,000 should be
made available for democracy programs for Venezuela.
(2) Funds appropriated under title III of this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs should be made available for assistance for
communities in countries supporting or otherwise impacted by refugees
from Venezuela, including Colombia, Peru, Ecuador, Curacao, and
Trinidad and Tobago: Provided, That such amounts are in addition to
funds otherwise made available for assistance for such countries,
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--
(A) Assistance.--Of the funds appropriated by this
Act under titles III and IV, not less than $120,625,000
should be made available for assistance for Georgia.
(B) Limitation.--None of the funds made available
pursuant to subparagraph (A) for economic growth
programs should be made available for assistance for
the central Government of Georgia, unless the Secretary
of State determines and reports to the appropriate
congressional committees that such government is making
consistent progress in implementing rule of law,
judicial, and electoral reforms.
(C) Waiver.--The Secretary may waive the limitation
in subparagraph (B) if the Secretary determines and
reports to such Committees that to do so is important
to the national interest of the United States and
includes a justification for such waiver.
(2) Ukraine.--Of the funds appropriated by this Act under
titles III and IV, not less than $559,000,000 shall be made
available for assistance for Ukraine.
(b) Territorial Integrity.--None of the funds appropriated by this
Act may be made available for assistance for a government of an
Independent State of the former Soviet Union if such government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That except as otherwise provided in section 7047(a) of this Act, funds
may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States: Provided further, That prior
to executing the authority contained in the previous proviso, the
Secretary of State shall consult with the Committees on Appropriations
on how such assistance supports the national security interest of the
United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD Act
of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act may be
used to facilitate or support the sale of defense articles or defense
services to the Turkish Presidential Protection Directorate (TPPD)
under Chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.)
unless the Secretary of State determines and reports to the appropriate
congressional committees that members of the TPPD who are named in the
July 17, 2017, indictment by the Superior Court of the District of
Columbia, and against whom there are pending charges, have returned to
the United States to stand trial in connection with the offenses
contained in such indictment or have otherwise been brought to justice:
Provided, That the limitation in this paragraph shall not apply to the
use of funds made available by this Act for border security purposes,
for North Atlantic Treaty Organization or coalition operations, or to
enhance the protection of United States officials and facilities in
Turkey.
countering russian influence and aggression
Sec. 7047. (a) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the Government of the
Russian Federation.
(b) Annexation of Crimea.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State determines
and reports to the Committees on Appropriations has taken
affirmative steps intended to support or be supportive of the
Russian Federation annexation of Crimea or other territory in
Ukraine: Provided, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction on
assistance required by this paragraph if the Secretary
determines and reports to such Committees that to do so is in
the national interest of the United States, and includes a
justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea or other
territory in Ukraine under the control of Russian-
backed separatists, if such activity includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities; or
(C) assistance for Crimea or other territory in
Ukraine under the control of Russian-backed
separatists, if such assistance includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to oppose any loan, credit,
grant, or guarantee for any program that violates the
sovereignty or territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of
State determines and reports to the Committees on
Appropriations that the Government of Ukraine has reestablished
sovereignty over Crimea and other territory in Ukraine under
the control of Russian-backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State determines
and reports to the Committees on Appropriations has recognized
the independence of, or has established diplomatic relations
with, the Russian Federation occupied Georgian territories of
Abkhazia and Tskhinvali Region/South Ossetia: Provided, That
the Secretary shall publish on the Department of State website
a list of any such central governments in a timely manner:
Provided further, That the Secretary may waive the restriction
on assistance required by this paragraph if the Secretary
determines and reports to the Committees on Appropriations that
to do so is in the national interest of the United States, and
includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available to support the Russian Federation
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to oppose any loan, credit,
grant, or guarantee for any program that violates the
sovereignty and territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Assistance.--Of the funds appropriated by this Act
under the headings ``Assistance for Europe, Eurasia and Central
Asia'', ``International Narcotics Control and Law
Enforcement'', ``International Military Education and
Training'', and ``Foreign Military Financing Program'', not
less than $295,000,000 shall be made available to carry out the
purposes of the Countering Russian Influence Fund, as
authorized by section 254 of the Countering Russian Influence
in Europe and Eurasia Act of 2017 (Public Law 115-44; 22 U.S.C.
9543) and notwithstanding the country limitation in subsection
(b) of such section, and programs to enhance the capacity of
law enforcement and security forces in countries in Europe,
Eurasia, and Central Asia and strengthen security cooperation
between such countries and the United States and the North
Atlantic Treaty Organization, as appropriate.
(2) Economics and trade.--Funds appropriated by this Act
and made available for assistance for the Eastern Partnership
countries shall be made available to advance the implementation
of Association Agreements and trade agreements with the
European Union, and to reduce their vulnerability to external
economic and political pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the Russian Federation
and other countries in Europe, Eurasia, and Central Asia, including to
promote Internet freedom: Provided, That of the funds appropriated
under the heading ``Assistance for Europe, Eurasia and Central Asia'',
not less than $20,000,000 shall be made available to strengthen
democracy and civil society in Central Europe, including for
transparency, independent media, rule of law, minority rights, and
programs to combat anti-Semitism.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Of the funds appropriated by this Act under the
headings ``Contributions to International Organizations'' and
``International Organizations and Programs'' in this Act that
are available for contributions to the United Nations, any
United Nations department or agency, and the Organization of
American States, 10 percent may not be expended for such
department, agency, or organization until--
(A) the Secretary of State determines that such
department, agency, or organization--
(i) is posting on a publicly available
website, consistent with privacy regulations
and due process, regular financial and
programmatic audits of such department, agency,
or organization, and providing the United
States Government with necessary access to such
financial and performance audits; and
(ii) is effectively enforcing policies and
procedures on the appropriate use of travel
funds, including restrictions on first-class
and business-class travel; and
(B) such department, agency, or organization
submits a report to the Department of State, which
shall be posted on the Department's website with an
opportunity for public comment, demonstrating that it
is effectively implementing policies and procedures
which meet or exceed best practices in the United
States for the protection of whistleblowers from
retaliation, including--
(i) protection against retaliation for
internal and lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting
retaliation;
(iv) access to binding independent
adjudicative bodies, including shared cost and
selection of external arbitration; and
(v) results that eliminate the effects of
proven retaliation, including provision for the
restoration of prior employment; and
(C) the Secretary determines and reports to the
Committees on Appropriations, based on the report
required by subparagraph (B), public comments, and any
other information available to the Secretary, that the
department, agency, or organization is meeting or
exceeding best practices: Provided, That such
determination shall be posted on the Department's
website.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses
for any United States delegation to any specialized agency,
body, or commission of the United Nations if such agency, body,
or commission is chaired or presided over by a country, the
government of which the Secretary of State has determined, for
purposes of section 1754(c) of the Export Reform Control Act of
2018 (50 U.S.C. 4813(c)), supports international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as
a contribution to any organization, agency, commission, or
program within the United Nations system if such organization,
agency, commission, or program is chaired or presided over by a
country the government of which the Secretary of State has
determined, for purposes of section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, section 1754(c) of the Export Reform Control Act of 2018
(50 U.S.C. 4813(c)), or any other provision of law, is a
government that has repeatedly provided support for acts of
international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines and
reports to the Committees on Appropriations that to do so is
important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--Funds appropriated by
this Act may be made available to support the United Nations Human
Rights Council unless the Secretary of State determines and reports to
the Committees on Appropriations that participation in the Council does
not serve the national interest of the United States, and that the
Council is not taking significant steps to remove Israel as a permanent
agenda item and to ensure integrity in the election of members to the
Council: Provided, That such report shall describe why participation
in the Council does not serve the national interest and the steps that
should be taken to remove Israel as a permanent agenda item and ensure
integrity in the election of members to the Council: Provided further,
That the Secretary of State shall report to the Committees on
Appropriations not later than September 30, 2022, on the resolutions
considered in the United Nations Human Rights Council during the
previous 12 months, and on steps taken to remove Israel as a permanent
agenda item and ensure integrity in the election of members to the
Council.
(d) United Nations Relief and Works Agency.--Funds appropriated by
this Act should be made available for the United Nations Relief and
Works Agency (UNRWA) unless the Secretary of State determines and
reports to the Committees on Appropriations that UNRWA is--
(1) not utilizing Operations Support Officers in the West
Bank, Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) not acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance Act
of 1961;
(3) not implementing procedures to maintain the neutrality
of its facilities, including implementing a no-weapons policy,
and conducting regular inspections of its installations, to
ensure they are only used for humanitarian or other appropriate
purposes;
(4) not taking necessary and appropriate measures to ensure
it is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it has
taken to ensure conformance with such conditions;
(5) not taking steps to ensure the content of all
educational materials currently taught in UNRWA-administered
schools and summer camps is consistent with the values of human
rights, dignity, and tolerance and does not induce incitement;
(6) engaging in operations with financial institutions or
related entities in violation of relevant United States law,
and is not taking steps to improve the financial transparency
of the organization; and
(7) not in compliance with the United Nations Board of
Auditors' biennial audit requirements and is not implementing
in a timely fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) Report.--Not later than 45 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation
or expenditure in fiscal year 2021 for contributions to any
organization, department, agency, or program within the United Nations
system or any international program that are withheld from obligation
or expenditure due to any provision of law: Provided, That the
Secretary shall update such report each time additional funds are
withheld by operation of any provision of law: Provided further, That
the reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(g) Sexual Exploitation and Abuse in Peacekeeping Operations.--The
Secretary of State should withhold assistance to any unit of the
security forces of a foreign country if the Secretary has credible
information that such unit has engaged in sexual exploitation or abuse,
including while serving in a United Nations peacekeeping operation,
until the Secretary determines that the government of such country is
taking effective steps to hold the responsible members of such unit
accountable and to prevent future incidents: Provided, That the
Secretary shall promptly notify the government of each country subject
to any withholding of assistance pursuant to this paragraph, and shall
notify the appropriate congressional committees of such withholding not
later than 10 days after a determination to withhold such assistance is
made: Provided further, That the Secretary shall, to the maximum
extent practicable, assist such government in bringing the responsible
members of such unit to justice.
(h) Additional Availability.--Subject to the regular notification
procedures of the Committees on Appropriations, funds appropriated by
this Act which are returned or not made available due to the second
proviso under the heading ``Contributions for International
Peacekeeping Activities'' in title I of this Act or section 307(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)), shall remain
available for obligation until September 30, 2023: Provided, That the
requirement to withhold funds for programs in Burma under section
307(a) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
war crimes tribunals
Sec. 7049. (a) If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for international
tribunals or commissions established or authorized by the United
Nations Security Council to address war crimes, crimes against
humanity, or genocide, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That such international
tribunals or commissions shall not include the International Criminal
Court: Provided further, That the determination required under this
section shall be in lieu of any determinations otherwise required under
section 552(c): Provided further, That funds made available pursuant
to this section shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
(b) None of the funds appropriated by this Act may be made
available for a United States contribution to the International
Criminal Court: Provided, That funds should be made available 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: Provided further,
That the previous proviso shall not apply to investigations,
apprehensions, or prosecutions of American service members and other
United States citizens or nationals, or nationals of the North Atlantic
Treaty Organization (NATO) or major non-NATO allies initially
designated pursuant to section 517(b) of the Foreign Assistance Act of
1961.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for obligation
during fiscal year 2022 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$81,000,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interest of the United
States: Provided further, That funds made available pursuant to this
section shall be matched, to the maximum extent practicable, by sources
other than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``Democracy
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
that are made available pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs
funded by this Act under such headings, and shall be
incorporated into country assistance and democracy
promotion strategies, as appropriate;
(B) for programs to implement the May 2011,
International Strategy for Cyberspace, the Department
of State International Cyberspace Policy Strategy
required by section 402 of the Cybersecurity Act of
2015 (division N of Public Law 114-113), and the
comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section
414 of the Iran Threat Reduction and Syria Human Rights
Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of
repressive Internet-related laws and regulations,
including countering threats to Internet freedom at
international organizations; to combat violence against
bloggers and other users; and to enhance digital
security training and capacity building for democracy
activists;
(D) made available for research of key threats to
Internet freedom; the continued development of
technologies that provide or enhance access to the
Internet, including circumvention tools that bypass
Internet blocking, filtering, and other censorship
techniques used by authoritarian governments; and
maintenance of the technological advantage of the
United States Government over such censorship
techniques: Provided, That the Secretary of State, in
consultation with the United States Agency for Global
Media Chief Executive Officer (USAGM CEO) and the
President of the Open Technology Fund (OTF), shall
coordinate any such research and development programs
with other relevant United States Government
departments and agencies in order to share information,
technologies, and best practices, and to assess the
effectiveness of such technologies; and
(E) made available only with the concurrence of the
Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, that such funds are
allocated consistent with--
(i) the strategies referenced in
subparagraph (B) of this paragraph;
(ii) best practices regarding security for,
and oversight of, Internet freedom programs;
and
(iii) sufficient resources and support for
the development and maintenance of anti-
censorship technology and tools.
(2) United states agency for global media.--Funds
appropriated by this Act under the heading ``International
Broadcasting Operations'' that are made available pursuant to
subsection (a) shall be--
(A) made available only for open-source tools and
techniques to securely develop and distribute USAGM
digital content, facilitate audience access to such
content on websites that are censored, coordinate the
distribution of USAGM digital content to targeted
regional audiences, and to promote and distribute such
tools and techniques, including digital security
techniques;
(B) coordinated by the USAGM CEO, in consultation
with the OTF President, with programs funded by this
Act under the heading ``International Broadcasting
Operations'', and shall be incorporated into country
broadcasting strategies, as appropriate;
(C) coordinated by the USAGM CEO, in consultation
with the OTF President, to solicit project proposals
through an open, transparent, and competitive process,
seek input from technical and subject matter experts to
select proposals, and support Internet circumvention
tools and techniques for audiences in countries that
are strategic priorities for the OTF and in a manner
consistent with the United States Government Internet
freedom strategy; and
(D) made available for the research and development
of new tools or techniques authorized in subparagraph
(A) only after the USAGM CEO, in consultation with the
Secretary of State, the OTF President, and other
relevant United States Government departments and
agencies, evaluates the risks and benefits of such new
tools or techniques, and establishes safeguards to
minimize the use of such new tools or techniques for
illicit purposes.
(c) Coordination and Spend Plans.--After consultation among the
relevant agency heads to coordinate and de-conflict planned activities,
but not later than 90 days after enactment of this Act, the Secretary
of State and the USAGM CEO, in consultation with the OTF President,
shall submit to the Committees on Appropriations spend plans for funds
made available by this Act for programs to promote Internet freedom
globally, which shall include a description of safeguards established
by relevant agencies to ensure that such programs are not used for
illicit purposes: Provided, That the Department of State spend plan
shall include funding for all such programs for all relevant Department
of State and United States Agency for International Development offices
and bureaus.
(d) Security Audits.--Funds made available pursuant to this section
to promote Internet freedom globally may only be made available to
support open-source technologies that undergo comprehensive security
audits consistent with the requirements of the Bureau of Democracy,
Human Rights, and Labor, Department of State to ensure that such
technology is secure and has not been compromised in a manner
detrimental to the interest of the United States or to individuals and
organizations benefiting from programs supported by such funds:
Provided, That the security auditing procedures used by such Bureau
shall be reviewed and updated periodically to reflect current industry
security standards.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Prohibition.--None of the funds made available by
this Act may be used to support or justify the use of torture or other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
(b) Assistance.--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 and other cruel,
inhuman, or degrading treatment or punishment by foreign police,
military, or other security forces in countries receiving assistance
from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
Counterdrug Programs'' may be used for any other program and in any
region.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That notwithstanding section 7065(a) of
this Act, such aircraft may be used to transport, on a
reimbursable or non-reimbursable basis, Federal and non-Federal
personnel supporting Department of State and USAID programs and
activities: Provided further, That official travel for other
agencies for other purposes may be supported on a reimbursable
basis, or without reimbursement when traveling on a space
available basis: Provided further, That funds received by the
Department of State in connection with the use of aircraft
owned, leased, or chartered by the Department of State may be
credited to the Working Capital Fund of the Department and
shall be available for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117) shall apply
to this Act: Provided, That the date ``September 30, 2009'' in
subsection (f)(2)(B) of such section shall be deemed to be ``September
30, 2021''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of sections
7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F
of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private or multilateral creditors.
organization of american states
Sec. 7055. (a) Of the funds appropriated by this Act under the
heading ``Contributions to International Organizations'', $10,000,000
of the United States assessment for the Organization of American States
(OAS) for calendar year 2022 should be withheld from obligation until
the Secretary of State determines and reports to the Committees on
Appropriations that the OAS is implementing an action plan to--
(1) transfer to locations outside of the District of
Columbia administrative functions that can be performed
virtually at lower cost;
(2) sell real estate in the District of Columbia that is
not needed to carry out OAS core activities or that the OAS is
financially unable to operate and maintain;
(3) increase quota levels on a routine basis to match the
rate of inflation;
(4) eliminate credit for on-time payment of assessments and
impose penalties for successive late payment of assessments;
(5) restructure the OAS to reduce organizational
complexity, consolidate functions and eliminate lower priority
activities, and shift funds to OAS core activities with a focus
on strengthening democracy, electoral cooperation and
observation, protecting human rights, and multidimensional
security; and
(6) overhaul the Office of the Inspector General.
(b) Funds appropriated by this Act that are made available as
contributions to the OAS shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
assistance for innocent victims of conflict
Sec. 7056. Not later than 90 days after enactment of this Act, the
Administrator of the United States Agency for International Development
shall establish a fund, which shall be referred to as the ``Marla
Ruzicka Fund for Innocent Victims of Conflict'' (the ``Marla Fund''),
to provide assistance to civilians harmed as a result of military
operations of the United States: Provided, That such assistance may
also be provided to other innocent victims of conflict: Provided
further, That of the funds appropriated under title III of this Act,
not less than $17,000,000 shall be made available for the Marla Fund:
Provided further, That the USAID Administrator shall consult with the
Committees on Appropriations not later than 60 days after enactment of
this Act regarding the establishment and implementation of the Marla
Fund.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2022, not less than $55,000,000 shall be made available for
the United Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning and
reproductive health activities, subject to the regular notification
procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
global health activities
Sec. 7058. (a) Preventing and Responding to Pandemics.--
(1) Funds appropriated by this Act under the heading
``Global Health Programs'' shall be made available for global
health security programs to accelerate the capacity of targeted
countries to prevent, detect, and respond to infectious disease
outbreaks by strengthening public health capacity where there
is a high risk of emerging zoonotic infectious diseases, and by
supporting the collection, analysis, and transparent sharing of
data on unknown viruses and other pathogens that may pose
future threats to human health: Provided, That not later than
60 days after enactment of this Act, the USAID Administrator
and the Secretary of State, as appropriate, shall consult with
the Committees on Appropriations on the planned uses of such
funds.
(2) Reducing human contact with wildlife.--Funds
appropriated by this Act shall be made available to support
national and local strategies to reduce human contact with
wildlife, deforestation and wildlife habitat degradation, and
the commerce in, and consumption of, live wildlife and raw or
unprocessed wildlife parts and derivatives that contribute to
zoonotic spillover between animals and humans: Provided, That
not later than 60 days after enactment of this Act, the USAID
Administrator shall consult with the Committees on
Appropriations on funding for this purpose, including planned
amounts, geographical areas, partners, and activities.
(3) International financing mechanism.--Up to $250,000,000
of the funds appropriated by this Act under the heading
``Global Health Programs'' may be made available for a
contribution to an international financing mechanism for
pandemic preparedness, following consultation with the
Committees on Appropriations.
(4) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that
an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency of
International Concern, not to exceed an aggregate total of
$200,000,000 of the funds appropriated by this Act under the
headings ``Global Health Programs'', ``Development
Assistance'', ``International Disaster Assistance'', ``Complex
Crises Fund'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Migration and Refugee Assistance'', and ``Millennium
Challenge Corporation'' may be made available to combat such
infectious disease or public health emergency, and may be
transferred to, and merged with, funds appropriated under such
headings for the purposes of this paragraph: Provided, That
such aggregate total may be exceeded if the President
determines and reports to such committees that it is vital to
the national security interest of the United States to do so,
including a detailed explanation of such interest: Provided
further, That such determination and report should include
future budget plans to reimburse the accounts from which funds
are to be made available pursuant to such determination.
(5) Emergency reserve fund.--Up to $100,000,000 of the
funds made available under the heading ``Global Health
Programs'' may be made available for the Emergency Reserve Fund
established pursuant to section 7058(c)(1) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2017 (division J of Public Law 115-31): Provided, That
such funds shall be made available under the same terms and
conditions of such section.
(6) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(b) Authority.--Funds appropriated under titles III and IV of this
Act that are made available for bilateral assistance for global health
programs, including activities relating to research on, and the
prevention, treatment, and control of, HIV/AIDS may be made available
notwithstanding any other provision of law except for provisions under
the heading ``Global Health Programs'' and the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711;
22 U.S.C. 7601 et seq.), as amended.
(c) HIV/AIDS Working Capital Fund.--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 child survival, malaria,
tuberculosis, emerging infectious diseases, and other global health
activities to the same extent as HIV/AIDS pharmaceuticals and other
products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriation Act,
2005 (Public Law 108-447) 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: Provided
further, That the Secretary of State shall include in the congressional
budget justification an accounting of budgetary resources,
disbursements, balances, and reimbursements related to such fund.
(d) Family Planning and Reproductive Health.--Of the funds
appropriated under title III of this Act, not less than $650,000,000
shall be made available for family planning/reproductive health,
including in areas where population growth threatens biodiversity or
endangered species.
gender equality and women's empowerment
Sec. 7059. (a) In General.--
(1) Gender equality.--Funds appropriated by this Act shall
be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the
status, increasing the economic participation and opportunities
for political leadership, and protecting the rights of women
and girls worldwide.
(2) Women's economic empowerment.--Funds appropriated by
this Act shall be made available for programs, projects, and
activities that promote and support women's entrepreneurship
and economic empowerment as a core element of each country
assistance strategy administered by the Department of State and
the United States Agency for International Development.
(3) Gender equity and equality action fund.--Of the funds
appropriated under title III of this Act, not less than
$200,000,000 should be made available for the Gender Equity and
Equality Action Fund.
(b) Women's Leadership.--Of the funds appropriated under title III
of this Act, not less than $70,000,000 shall be made available for
programs specifically designed to increase leadership opportunities for
women in countries where women and girls suffer discrimination due to
law, policy, or practice, by strengthening protections for women's
political status, expanding women's participation in political parties
and elections, and increasing women's opportunities for leadership
positions in the public and private sectors at the local, provincial,
and national levels.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $175,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(d) Women, Peace, and Security.--Of the funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', not less than
$135,000,000 should be made available to support a multi-year strategy
to expand, and improve coordination of, United States Government
efforts to empower women as equal partners in conflict prevention,
peace building, transitional processes, and reconstruction efforts in
countries affected by conflict or in political transition, and to
ensure the equitable provision of relief and recovery assistance to
women and girls.
education programs
Sec. 7060. (a) Basic Education.--
(1) Of the funds appropriated under title III of this Act,
not less than $682,448,000 should be made available for the
Nita M. Lowey Basic Education Fund, and such funds may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries: Provided, That such
funds shall also be used for secondary education activities:
Provided further, That funds made available by this paragraph
should be made available for the education of girls in areas of
conflict or humanitarian crises where girls have been denied
equal access to education.
(2) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$150,000,000 should be made available for contributions to
multilateral partnerships that support education.
(b) Higher Education.--Of the funds appropriated by title III of
this Act, not less than $250,000,000 should be made available for
assistance for higher education: Provided, That such funds may be made
available notwithstanding any other provision of law that restricts
assistance to foreign countries, and shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of such amount, not less than $35,000,000 shall be made
available for new and ongoing partnerships between higher education
institutions in the United States and developing countries focused on
building the capacity of higher education institutions and systems in
developing countries: Provided further, That not later than 45 days
after enactment of this Act, the USAID Administrator shall consult with
the Committees on Appropriations on the proposed uses of funds for such
partnerships.
environment programs
Sec. 7061. (a) In General.--Of the funds appropriated under title
III of this Act, not less than $1,484,400,000 shall be made available
for environment programs.
(b) Adaptation Programs.--Of the funds appropriated under title III
of this Act, not less than $343,900,000 shall be made available for
climate change adaptation programs, including in support of the Indo-
Pacific Strategy.
(c) Clean Energy Programs.--Of the funds appropriated under title
III of this Act, not less than $418,200,000 shall be made available for
clean energy programs, including in support of carrying out the
purposes of the Electrify Africa Act (Public Law 114-121) and
implementing the Power Africa initiative, of which not less than
$10,000,000 shall be made available to support civil society
organizations in developing countries that advocate for laws and
policies to reduce carbon emissions and other harmful pollution, as
specified in the explanatory statement accompanying this Act.
(d) Biodiversity Conservation.--
(1) Funding.--Of the funds appropriated under title III of
this Act, not less than $405,000,000 shall be made available
for biodiversity conservation programs.
(2) Tropical forests.--None of the funds appropriated by
this Act may be used to support the expansion of industrial
scale logging, agriculture, livestock production, mining, or
any other industrial scale activity into areas that were
primary/intact tropical forests as of December 30, 2013, and
the Secretary of the Treasury shall instruct the United States
executive director of each international financial institution
(IFI) to use the voice and vote of the United States to oppose
any financing of any such activity.
(3) Partnership for conservation.--Funds appropriated by
this Act may be made available to support a public-private
partnership grant-making entity, if authorized in a subsequent
act of Congress, to support the establishment and long-term
management of protected areas in developing countries,
including terrestrial, coastal and marine protected areas,
parks, community conservancies, Indigenous reserves,
conservation easements, and biological reserves, and to carry
out other effective area-based conservation measures:
Provided, That such a partnership should be supported by
contributions from the private and philanthropic sectors, as
well as governments and multilateral institutions: Provided
further, That not later than 60 days after enactment of a
subsequent act of Congress authorizing such a grant-making
entity, the Secretary of State and the USAID Administrator, in
coordination with the Secretary of the Interior and other
relevant Federal agencies, shall consult with the Committees on
Appropriations on the establishment and management of such an
entity.
(e) Sustainable Landscapes.--Of the funds appropriated under title
III of this Act, not less than $232,300,000 should be made available
for sustainable landscapes programs.
(f) Wildlife Poaching and Trafficking.--
(1) Funding.--Of the funds appropriated under titles III
and IV of this Act, not less than $125,000,000 shall be made
available to combat the transnational threat of wildlife
poaching and trafficking, of which not less than $10,000,000
shall be made available to support civil society organizations
in developing countries that are working to stop the poaching
and trafficking of endangered species, as specified in the
explanatory statement accompanying this Act.
(2) Limitation.--None of the funds appropriated under title
IV of this Act may be made available for training or other
assistance for any military unit or personnel that the
Secretary of State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless the
Secretary reports to the appropriate congressional committees
that to do so is in the national security interest of the
United States.
(g) Large Dams.--Funds appropriated by this Act shall not be used
to support the construction of any large dam, and the Secretary of the
Treasury shall instruct the United States executive director of each
IFI to use the voice and vote of the United States, in relation to any
loan, grant, credit, guarantee, strategy, or policy of such institution
regarding the construction of any large dam, consistent with the
criteria specified in the explanatory statement accompanying this Act,
while also considering whether the project involves overriding foreign
policy objectives.
(h) Ocean Plastic Pollution.--Of the funds appropriated under title
III of this Act, not less than $75,000,000 shall be made available for
programs to reduce ocean plastic pollution and other marine debris,
including technical assistance for waste management: Provided, That
the Secretary of State, in consultation with the Secretary of the
Treasury, the USAID Administrator, and the heads of other relevant
Federal agencies, shall seek to enter into negotiations with key
bilateral and multilateral donors, including the World Bank, to
establish a new multilateral fund to reduce ocean plastic pollution and
other marine debris: Provided further, That such funds may be made
available for a contribution to such a multilateral fund, for a USAID-
administered multi-donor fund, and for other USAID programs for such
purpose: Provided further, That such funds may only be made available
following consultation with the Committees on Appropriations.
(i) Toxic Chemicals.--Of the funds appropriated under title III of
this Act, not less than $10,000,000 shall be made available to support
programs to measurably reduce public exposure to lead associated with
the unsafe disposal or recycling of lead batteries, contaminated food
and cookware, or other sources of lead exposure: Provided, That prior
to the initial obligation of funds, the USAID Administrator shall
consult with the Committees on Appropriations on a multi-year strategy
targeting such exposure and materials in countries with high estimated
childhood blood lead levels.
(j) Administration of Funds.--Of the funds made available pursuant
to subsections (b) and (c), not less than $641,800,000 shall be
administered by the USAID Administrator.
(k) Authority.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part II, of
the Foreign Assistance Act of 1961 may be used, notwithstanding any
other provision of law, to support environment programs: Provided,
That funds appropriated by this Act under titles III and V may be made
available for United States contributions to multilateral environmental
funds and facilities to support adaptation and mitigation programs.
(l) Notification.--Funds made available pursuant to this section
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
sector allocations
Sec. 7062. (a) Food Security and Agricultural Development.--Of the
funds appropriated under title III of this Act, not less than
$1,010,600,000 should be made available for food security and
agricultural development programs to carry out the purposes of the
Global Food Security Act of 2016 (Public Law 114-195): Provided, That
funds may be made available for a contribution as authorized by section
3202 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by section 3310 of the Agriculture Improvement Act of
2018 (Public Law 115-334).
(b) Water and Sanitation.--Of the funds appropriated under title
III of this Act, not less than $500,000,000 shall be made available for
water supply and sanitation projects pursuant to section 136 of the
Foreign Assistance Act of 1961, of which not less than $250,000,000
should be made available for programs in sub-Saharan Africa, and of
which not less than $17,000,000 shall be used to support initiatives by
local communities in developing countries to build and maintain safe
latrines.
(c) Micro, Small, and Medium-sized Enterprises.--Of the funds
appropriated under title III of this Act, not less than $265,000,000
should be made available to support the development of, and access to
financing for, micro, small, and medium-sized enterprises that benefit
the poor, especially women.
(d) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $19,000,000
shall be made available for USAID cooperative development programs and
not less than $31,000,000 shall be made available for the American
Schools and Hospitals Abroad program.
(e) Programs to Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'',
not less than $106,400,000 shall be made available for activities to
combat trafficking in persons internationally, including for the
Program to End Modern Slavery, of which not less than $77,000,000
should be from funds made available under the heading ``International
Narcotics Control and Law Enforcement'': Provided, That funds made
available by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' that are made available for activities to combat
trafficking in persons should be obligated and programmed consistent
with the country-specific recommendations included in the annual
Trafficking in Persons Report, and shall be coordinated with the Office
to Monitor and Combat Trafficking in Persons, Department of State.
(f) Reconciliation Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $30,000,000
shall be made available to support people-to-people reconciliation
programs which bring together individuals of different ethnic, racial,
religious, and political backgrounds from areas of civil strife and
war, including cross border programs involving Palestinians and
Israelis: Provided, That the USAID Administrator shall consult with
the Committees on Appropriations, prior to the initial obligation of
funds, on the uses of such funds, and such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That to the maximum extent
practicable, such funds shall be matched by sources other than the
United States Government: Provided further, That such funds shall be
administered by the Office of Conflict Management and Mitigation,
USAID.
budget documents
Sec. 7063. (a) Operating Plans.--Not later than 45 days after
enactment of this Act, each department, agency, or organization funded
in titles I, II, and VI of this Act, and the Department of the Treasury
and Independent Agencies funded in title III of this Act, including the
Inter-American Foundation and the United States African Development
Foundation, shall submit to the Committees on Appropriations an
operating plan for funds appropriated to such department, agency, or
organization in such titles of this Act, or funds otherwise available
for obligation in fiscal year 2022, that provides details of the uses
of such funds at the program, project, and activity level: Provided,
That such plans shall include, as applicable, a comparison between the
congressional budget justification funding levels, the most recent
congressional directives or approved funding levels, and the funding
levels proposed by the department or agency; and a clear, concise, and
informative description/justification: Provided further, That
operating plans that include changes in levels of funding for programs,
projects, and activities specified in the congressional budget
justification, in this Act, or amounts specifically designated in the
respective tables included in the explanatory statement accompanying
this Act, as applicable, shall be subject to the notification and
reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Not later than 90 days after enactment of this Act, the
Secretary of State or Administrator of the United States Agency
for International Development, as appropriate, shall submit to
the Committees on Appropriations a spend plan for funds made
available by this Act for--
(A) assistance for Colombia, Cuba, Democratic
Republic of the Congo, Egypt, El Salvador, Ethiopia,
Guatemala, Honduras, Iraq, Jordan, Lebanon, Mexico,
Mozambique, Pakistan, Sri Lanka, Sudan, Syria, Tunisia,
and Vietnam;
(B) assistance made available pursuant to section
7047(d) of this Act to counter Russian influence,
except that such plan shall be on a country-by-country
basis;
(C) assistance made available pursuant to section
7059 of this Act;
(D) the Indo-Pacific Strategy and the Countering
PRC Influence Fund;
(E) environment programs, including adaptation and
clean energy programs;
(F) democracy programs, education programs, the
Power Africa and Prosper Africa initiatives, and
sectors enumerated in subsections (a), (b), (c), (e),
and (f) of section 7062 of this Act;
(G) funds provided under the heading
``International Narcotics Control and Law Enforcement''
for International Organized Crime and for Cybercrime
and Intellectual Property Rights: Provided, That the
spend plans shall include bilateral and global programs
funded under such heading along with a brief
description of the activities planned for each country;
(H) implementation of the Global Fragility Act of
2019 (title V of division J of Public Law 116-94); and
(I) the Caribbean Basin Security Initiative; the
Central America Regional Security Initiative; the
Trans-Saharan Counterterrorism Partnership; the
Partnership for Regional East Africa Counterterrorism;
the Global Peace Operations Initiative, including
Africa Contingency Operations Training and Assistance;
the Africa Regional Counterterrorism program; and the
Counterterrorism Partnerships Fund.
(2) Not later than 90 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--The congressional budget
justification for Department of State operations and foreign operations
shall be provided to the Committees on Appropriations concurrent with
the date of submission of the President's budget for fiscal year 2023:
Provided, That the appendices for such justification shall be provided
to the Committees on Appropriations not later than 10 calendar days
thereafter.
reorganization
oversight
Sec. 7064. (a) Prior Consultation and Notification.--Funds
appropriated by this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related programs, or any
other Act may not be used to implement a reorganization, redesign, or
other plan described in subsection (b) by the Department of State, the
United States Agency for International Development, or any other
Federal department, agency, or organization funded by this Act without
prior consultation by the head of such department, agency, or
organization with the Committees on Appropriations: Provided, That
such funds shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That any such
notification submitted to such Committees shall include a detailed
justification for any proposed action: Provided further, That
congressional notifications submitted in prior fiscal years pursuant to
similar provisions of law in prior Acts making appropriations for the
Department of State, foreign operations, and related programs may be
deemed to meet the notification requirements of this section.
(b) Description of Activities.--Pursuant to subsection (a), a
reorganization, redesign, or other plan shall include any action to--
(1) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus and
offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of the
authorities and responsibilities of such bureaus and offices;
(2) expand, eliminate, consolidate, or downsize the United
States official presence overseas, including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
(3) expand or reduce the size of the permanent Civil
Service, Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and USAID
from the staffing levels in place as of October 1, 2021.
department of state management
Sec. 7065. (a) Working Capital Fund.--Funds appropriated by this
Act or otherwise made available to the Department of State for payments
to the Working Capital Fund may be used for new service centers, and
are subject to the regular notification procedures of the Committees on
Appropriations.
(b) Certification.--
(1) Compliance.--Not later than 45 days after the initial
obligation of funds appropriated under titles III and IV of
this Act that are made available to a Department of State
bureau or office with responsibility for the management and
oversight of such funds, the Secretary of State shall certify
and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office
is in compliance with Department and Federal financial and
grants management policies, procedures, and regulations, as
applicable.
(2) Considerations.--When making a certification required
by paragraph (1), the Secretary of State shall consider the
capacity of a bureau or office to--
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) Plan.--If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken to
bring such bureau or office into compliance.
(c) Internships.--The Department of State may offer compensated and
uncompensated internships, and select, appoint, employ for not more
than 52 weeks, and remove any such compensated intern without regard to
the provisions of law governing appointments in the competitive
service, notwithstanding any other provision of law.
united states agency for international development management
Sec. 7066. (a) Authority.--Up to $170,000,000 of the funds made
available in title III of this Act pursuant to or to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'', may be used by the United States Agency for
International Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of 1980
(22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2023.
(c) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a
period of up to 4 years notwithstanding the limitation set forth in
such section.
(e) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(f) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the Bureau
for Humanitarian Assistance.
(g) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
(i) Management, Oversight, and Technical Support.--Of the funds
made available by this Act under the heading ``Development Assistance''
that are made available for programs administered by the USAID Advisor
for Indigenous Peoples Issues, up to $500,000 may be used for
management, oversight, and technical support, in addition to funds
otherwise made available for such purposes.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7067. (a) Prevention and Stabilization Fund.--
(1) Funds and transfer authority.--Of the funds
appropriated by this Act under the headings ``Economic Support
Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', and ``Foreign
Military Financing Program'', not less than $125,000,000 should
be made available for the purposes of the Prevention and
Stabilization Fund, as authorized by, and for the purposes
enumerated in, section 509(a) of the Global Fragility Act of
2019 (title V of division J of Public Law 116-94), of which
$25,000,000 may be made available for the Multi-Donor Global
Fragility Fund authorized by section 510(c) of such Act:
Provided, That such funds appropriated under such headings may
be transferred to, and merged with, funds appropriated under
such headings: Provided further, That such transfer authority
is in addition to any other transfer authority provided by this
Act or any other Act, and is subject to the regular
notification procedures of the Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated by
this Act under the heading ``International Narcotics Control
and Law Enforcement'' that are made available for the
Prevention and Stabilization Fund, not less than $10,000,000
shall be made available for programs to promote accountability
for genocide, crimes against humanity, and war crimes,
including in Ethiopia, Iraq, South Sudan, Sri Lanka, Syria, and
Yemen which shall be in addition to any other funds made
available by this Act for such purposes: Provided, That such
programs shall include components to develop local
investigative and judicial skills, and to collect and preserve
evidence and maintain the chain of custody of evidence,
including for use in prosecutions, and may include the
establishment of, and assistance for, transitional justice
mechanisms: Provided further, That such funds shall be
administered by the Special Coordinator for the Office of
Global Criminal Justice, Department of State: Provided
further, That funds made available by this paragraph shall be
made available on an open and competitive basis.
(b) Global Community Engagement and Resilience Fund.--Funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
heading ``Economic Support Fund'' may be made available to the Global
Community Engagement and Resilience Fund (GCERF), including as a
contribution: Provided, That any such funds made available for the
GCERF shall be made available on a cost-matching basis from sources
other than the United States Government, to the maximum extent
practicable, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) Global Concessional Financing Facility.--Of the funds
appropriated by this Act under the heading ``Economic Support Fund'',
$25,000,000 may be made available for the Global Concessional Financing
Facility of the World Bank to provide financing to support refugees and
host communities: Provided, That such funds should be in addition to
funds allocated for bilateral assistance in the report required by
section 653(a) of the Foreign Assistance Act of 1961, and may only be
made available subject to prior to consultation with the Committees on
Appropriations: Provided further, That such funds may be transferred
to the Department of the Treasury.
debt-for-development
Sec. 7068. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
enterprise funds
Sec. 7069. (a) Notification.--None of the funds made available
under titles III through VI of this Act may be made available for
Enterprise Funds unless the appropriate congressional committees are
notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
extension of consular fees and related authorities
Sec. 7070. (a) Section 1(b)(1) of the Passport Act of June 4, 1920
(22 U.S.C. 214(b)(1)) shall be applied through fiscal year 2022 by
substituting ``the costs of providing consular services'' for ``such
costs''.
(b) Section 21009 of the Emergency Appropriations for Coronavirus
Health Response and Agency Operations (division B of Public Law 116-
136; 134 Stat. 592) shall be applied during fiscal year 2022 by
substituting ``2020, 2021, and 2022'' for ``2020 and 2021''.
(c) Discretionary amounts made available to the Department of State
under the heading ``Administration of Foreign Affairs'' of this Act,
and discretionary unobligated balances under such heading from prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, may be transferred to the Consular
and Border Security Programs account if the Secretary of State
determines and reports to the Committees on Appropriations that to do
so is necessary to sustain consular operations, following consultation
with such Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available in this Act and
under any other provision of law: Provided further, That no amounts
may be transferred from amounts designated as emergency requirements
pursuant to a concurrent resolution on the budget or section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2022, the Secretary of State may also
use fees deposited into the Fraud Prevention and Detection Account for
the costs of providing consular services.
(e) Beginning in fiscal year 2022 and for each fiscal year
thereafter, fees collected pursuant to subsection (a) of section 1 of
the Passport Act of June 4, 1920 (22 U.S.C. 214(a)) shall,
notwithstanding such subsection, be deposited in the Consular and
Border Security Programs account as discretionary offsetting receipts
and shall remain available until expended for the purposes of such
account: Provided, That the Secretary of State may by regulation
authorize State officials or the United States Postal Service to
collect and retain the execution fee for each application for a
passport accepted by such officials or by that Service.
(f) Amounts provided pursuant to subsections (a), (b), and (d) are
designated by the Congress as being for an emergency requirement
pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
incentive funds
Sec. 7071. (a) Not later than 90 days after enactment of this Act,
the Secretary of State and the USAID Administrator shall jointly submit
to the Committees on Appropriations recommendations for establishing
incentive funds, with benchmarks for measuring progress, for countries
receiving United States assistance funded by this Act.
(b) The purpose of such funds is to encourage the governments of
such countries to adopt, and make consistent progress in implementing,
economic and political reforms to promote equitable economic growth and
opportunity, strengthen democratic governance, reduce corruption and
impunity, protect fundamental rights, and reduce dependency on United
States assistance, including, as appropriate--
(1) implementing free market and civil service reforms,
raising revenue to support public utilities and services, and
reducing subsidies;
(2) improving transparency and accountability to reduce
waste, enhance efficiencies, and prevent conflicts of interest
and other corrupt practices related to public service and
expenditures;
(3) enforcing laws and policies that protect freedom of
expression, association, and the press, and the right of due
process; and
(4) strengthening the independence of the judiciary and of
electoral processes.
(c) Not later than 45 days after enactment of this Act, the
Secretary of State and USAID Administrator shall consult with the
Committees on Appropriations on the format and content of the
recommendations to be submitted.
waiver authority
Sec. 7072. The President may waive section 414 of Public Law 101-
246 and section 410 of Public Law 103-236 on a case-by-case basis if
the President determines and reports in writing to the Speaker of the
House of Representatives, the President Pro Tempore of the Senate, and
the appropriate congressional committees that to do so would enable the
United States to counter Chinese influence or to promote other national
interests of the United States: Provided, That the authority of this
section shall cease to have effect if, after enactment of this Act, the
Palestinians obtain the same standing as member states or full
membership as a state in the United Nations or any specialized agency
thereof outside an agreement negotiated between Israel and the
Palestinians: Provided further, That the authority of this section
shall sunset on September 30, 2025, unless extended in a subsequent Act
of Congress.
consular notification compliance
Sec. 7073. (a) Petition for Review.--
(1) Jurisdiction.--Notwithstanding any other provision of
law, a Federal court shall have jurisdiction to review the
merits of a petition claiming violation of Article 36(1)(b) or
(c) of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, or a comparable provision of a bilateral
international agreement addressing consular notification and
access, filed by an individual convicted and sentenced to death
by any Federal or State court before the date of enactment of
this Act.
(2) Standard.--To obtain relief, an individual described in
paragraph (1) must make a showing of actual prejudice to the
criminal conviction or sentence as a result of the violation.
The court may conduct an evidentiary hearing if necessary to
supplement the record and, upon a finding of actual prejudice,
shall order a new trial or sentencing proceeding.
(3) Limitations.--
(A) Initial showing.--To qualify for review under
this subsection, a petition must make an initial
showing that--
(i) a violation of Article 36(1)(b) or (c)
of the Vienna Convention on Consular Relations,
done at Vienna April 24, 1963, or a comparable
provision of a bilateral international
agreement addressing consular notification and
access, occurred with respect to the individual
described in paragraph (1); and
(ii) if such violation had not occurred,
the consulate would have provided assistance to
the individual.
(B) Effect of prior adjudication.--A petition for
review under this subsection shall not be granted if
the claimed violation described in paragraph (1) has
previously been adjudicated on the merits by a Federal
or State court of competent jurisdiction in a
proceeding in which no Federal or State procedural bars
were raised with respect to such violation and in which
the court provided review equivalent to the review
provided in this subsection, unless the adjudication of
the claim resulted in a decision that was based on an
unreasonable determination of the facts in light of the
evidence presented in the prior Federal or State court
proceeding.
(C) Filing deadline.--A petition for review under
this subsection shall be filed within 1 year of the
later of--
(i) the date of enactment of this Act;
(ii) the date on which the Federal or State
court judgment against the individual described
in paragraph (1) became final by the conclusion
of direct review or the expiration of the time
for seeking such review; or
(iii) the date on which the impediment to
filing a petition created by Federal or State
action in violation of the Constitution or laws
of the United States is removed, if the
individual described in paragraph (1) was
prevented from filing by such Federal or State
action.
(D) Tolling.--The time during which a properly
filed application for State post-conviction or other
collateral review with respect to the pertinent
judgment or claim is pending shall not be counted
toward the 1-year period of limitation.
(E) Time limit for review.--A Federal court shall
give priority to a petition for review filed under this
subsection over all noncapital matters. With respect to
a petition for review filed under this subsection and
claiming only a violation described in paragraph (1), a
Federal court shall render a final determination and
enter a final judgment not later than 1 year after the
date on which the petition is filed.
(4) Habeas petition.--A petition for review under this
subsection shall be part of the first Federal habeas corpus
application or motion for Federal collateral relief under
chapter 153 of title 28, United States Code, filed by an
individual, except that if an individual filed a Federal habeas
corpus application or motion for Federal collateral relief
before the date of enactment of this Act or if such application
is required to be filed before the date that is 1 year after
the date of enactment of this Act, such petition for review
under this subsection shall be filed not later than 1 year
after the enactment date or within the period prescribed by
paragraph (3)(C)(iii), whichever is later. No petition filed in
conformity with the requirements of the preceding sentence
shall be considered a second or successive habeas corpus
application or subjected to any bars to relief based on
preenactment proceedings other than as specified in paragraph
(2).
(5) Referral to magistrate.--A Federal court acting under
this subsection may refer the petition for review to a Federal
magistrate for proposed findings and recommendations pursuant
to 28 U.S.C. 636(b)(1)(B).
(6) Appeal.--
(A) In general.--A final order on a petition for
review under paragraph (1) shall be subject to review
on appeal by the court of appeals for the circuit in
which the proceeding is held.
(B) Appeal by petitioner.--An individual described
in paragraph (1) may appeal a final order on a petition
for review under paragraph (1) only if a district or
circuit judge issues a certificate of appealability. A
district or circuit court judge shall issue or deny a
certificate of appealability not later than 30 days
after an application for a certificate of appealability
is filed. A district judge or circuit judge may issue a
certificate of appealability under this subparagraph if
the individual has made a substantial showing of actual
prejudice to the criminal conviction or sentence of the
individual as a result of a violation described in
paragraph (1).
(b) Violation.--
(1) In general.--An individual not covered by subsection
(a) who is arrested, detained, or held for trial on a charge
that would expose the individual to a capital sentence if
convicted may raise a claim of a violation of Article 36(1)(b)
or (c) of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, or of a comparable provision of a
bilateral international agreement addressing consular
notification and access, at a reasonable time after the
individual becomes aware of the violation, before the court
with jurisdiction over the charge. Upon a finding of such a
violation--
(A) the consulate of the foreign state of which the
individual is a national shall be notified immediately
by the detaining authority, and consular access to the
individual shall be afforded in accordance with the
provisions of the Vienna Convention on Consular
Relations, done at Vienna April 24, 1963, or the
comparable provisions of a bilateral international
agreement addressing consular notification and access;
and
(B) the court--
(i) shall postpone any proceedings to the
extent the court determines necessary to allow
for adequate opportunity for consular access
and assistance; and
(ii) may enter necessary orders to
facilitate consular access and assistance.
(2) Evidentiary hearings.--The court may conduct
evidentiary hearings if necessary to resolve factual issues.
(3) Rule of construction.--Nothing in this subsection shall
be construed to create any additional remedy.
(c) Definitions.--In this section the term ``State'' means any
State of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any territory or possession of the United States.
(d) Applicability.--The provisions of this section shall apply
during the current fiscal year and each fiscal year thereafter.
assistance for foreign nongovernmental organizations
Sec. 7074. The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) is amended by inserting after section 104C the following:
``SEC. 104D. ELIGIBILITY FOR ASSISTANCE.
``Notwithstanding any other provision of law, regulation, or
policy, in determining eligibility for assistance under sections 104,
104A, 104B, and 104C, a foreign nongovernmental organization--
``(1) shall not be ineligible for such assistance solely on
the basis of health or medical services, including counseling
and referral services, provided by such organization with non-
United States Government funds if such services--
``(A) do not violate the laws of the country in
which they are being provided; and
``(B) would not violate United States Federal law
if provided in the United States; and
``(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance under
this part.''.
rescissions
Sec. 7075. (a) Economic Support Fund.--Of the unobligated and
unexpended balances from amounts made available under the heading
``Economic Support Fund'' from prior Acts making appropriations for the
Department of State, foreign operations, and related programs and
allocated by the Executive Branch for Afghanistan in the annual reports
required by section 653(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2413(a)), $840,644,000, shall be deobligated, as appropriate,
and shall be rescinded.
(b) Millennium Challenge Corporation.--Of the unobligated balances
from amounts made available under the heading ``Millennium Challenge
Corporation'' from prior Acts making appropriations for the Department
of State, foreign operations, and related programs, $515,000,000 are
rescinded.
(c) International Narcotics Control and Law Enforcement.--Of the
unobligated and unexpended balances from amounts made available under
the heading ``International Narcotics Control and Law Enforcement''
from prior Acts making appropriations for the Department of State,
foreign operations, and related programs and allocated by the Executive
Branch for Afghanistan in the annual reports required by section 653(a)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2413(a)),
$100,000,000, shall be deobligated, as appropriate, and shall be
rescinded.
(d) Peace Corps.--Of the unobligated balances from amounts made
available under the heading ``Peace Corps'' from prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, $85,000,000 are rescinded.
(e) Embassy Security, Construction, and Maintenance.--
(1) Of the unobligated and unexpended balances from amounts
made available under the heading ``Embassy Security,
Construction, and Maintenance'' in title II of the Security
Assistance Appropriations Act, 2017 (division B of Public Law
114-254), $41,000,000 are rescinded.
(2) Of the unobligated and unexpended balances from amounts
available under the heading ``Embassy Security, Construction,
and Maintenance'' from prior Acts making appropriations for the
Department of State, foreign operations, and related programs
for Embassy Kabul construction projects, $412,000,000 are
rescinded.
(f) Restriction.--No amounts may be rescinded from amounts that
were previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022''.
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