[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4662 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4662
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2023, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2022
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, 2023, 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, 2023, 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, $9,637,796,000, of which
$873,447,000 may remain available until September 30, 2024, and of
which up to $3,814,815,000 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),
$3,478,209,000, of which up to $685,875,000 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, $1,897,700,000.
(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, $1,104,829,000.
(4) Security programs.--For necessary expenses for security
activities, $3,157,058,000, of which up to $3,128,940,000 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 to support the activities of an
Ambassador-at-Large for the Arctic Region, as described
in the explanatory statement accompanying this Act.
(E) Of the amount made available under this
heading, up to $75,000,000 may be transferred to, and
merged with, funds made available in title I of this
Act under the heading ``Capital Investment Fund'':
Provided, That the exercise of the authority provided
by this subparagraph shall be subject to prior
consultation with the Committees on Appropriations.
(F) Of the amount made available under this
heading, up to $500,000 may be made available for
grants, programs, and activities to promote the
employment of United States citizens by international
organizations and bodies, including by providing
consultation, analytical services, and related support
for United States citizen applicants.
(G) 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) is amended by inserting ``and for
expenses of rewards programs'' after ``for rewards
payments''.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $389,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$98,500,000, of which $14,775,000 may remain available until September
30, 2024: 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, $35,200,000, to
remain available until September 30, 2024: 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, $781,539,000, to remain available until
expended, of which not less than $290,000,000 shall be for the
Fulbright Program and not less than $115,000,000 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 Arctic
Indigenous Exchange Program: 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.
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, 2024.
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, $902,615,000, to remain
available until September 30, 2027, 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, $1,055,206,000, 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''.
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
$4,753,048.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $35,583,000.
international center, washington, district of columbia
Not to exceed $1,842,732 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, $1,604,205,000, of
which $96,240,000 may remain available until September 30, 2024:
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 the regular notification procedures of 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, $1,962,235,000, of
which $981,118,000 may remain available until September 30, 2024:
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 the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated or otherwise
made available under this heading 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).
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, $59,935,000,
of which $8,990,000 may remain available until September 30, 2024.
construction
For detailed plan preparation and construction of authorized
projects, $51,030,000, 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, 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, $13,204,000: 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, 2024, 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, $65,719,000: 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, $877,715,000,
of which $43,886,000 may remain available until September 30, 2024:
Provided, That in addition to amounts otherwise available for such
purposes, up to $52,708,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $32,000,000 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: Provided further, That up to $2,000,000 from the USAGM
Buying Power Maintenance account may be transferred to, and merged
with, funds appropriated by this Act under the heading ``International
Broadcasting Operations'', which shall remain available until expended:
Provided further, That such transfer authority is in addition to any
transfer authority otherwise available under any other provision of law
and shall be subject to prior consultation with, and 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, $9,700,000, 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), $22,000,000, 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 the date of 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.), $55,000,000, to remain available until September 30, 2024,
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,
2023, 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, 2023, 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, 2023, 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,
$25,700,000: Provided, That funds appropriated under this heading
shall be apportioned and obligated to the Center not later than 60 days
after the date of enactment of this Act.
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), $325,000,000, to remain available until
expended, of which $212,160,000 shall be allocated in the traditional
and customary manner, including for the core institutes, and
$112,840,000 shall be for democracy programs: Provided, That the
requirements of section 7062(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, $665,000, 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, 2023: 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.),
$3,500,000, to remain available until September 30, 2024, 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 the Committees on Appropriations: Provided
further, That the United States Commission on International Religious
Freedom shall, on a regular basis, monitor, 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.
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, 2024.
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.), $2,300,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2024.
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, 2024:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through fifth 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 2023 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, $1,743,350,000, of which up to
$261,503,000 may remain available until September 30, 2024: 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: Provided further, That of the funds appropriated
under this heading, up to $20,000,000 may be transferred to, and merged
with, funds appropriated or otherwise made available in title II of
this Act under the heading ``Capital Investment Fund'', subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
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, $273,234,000, 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, $80,500,000, of which up to
$12,075,000 may remain available until September 30, 2024, 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, $4,139,500,000, to remain available until September 30, 2024,
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
in 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 of the United States, 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, $6,370,000,000, to remain
available until September 30, 2027, 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 $2,000,000,000: Provided further,
That up to 5 percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2023 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, $4,753,403,000, to remain
available until September 30, 2024: Provided, That funds made
available under this heading shall be apportioned 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, $4,480,460,000,
to remain available until expended: Provided, That funds made
available under this heading shall be apportioned to the United States
Agency for International Development not later than 60 days after the
date of enactment of this Act.
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, $102,000,000, 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: Provided further, That funds appropriated
under this heading shall be apportioned to the United States Agency for
International Development.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $4,122,463,000, to
remain available until September 30, 2024.
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), $226,450,000, to 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
made 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, $140,750,000, to 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), $850,000,000, to remain available until September
30, 2024, 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, $3,637,188,000, to remain
available until expended, of which $5,000,000 shall be made available
for refugees resettling in Israel: Provided, That funds appropriated
under this heading may be used to carry out section 5(a)(6) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2605(a)(6)) for
employing up to 50 individuals domestically without regard to the
geographic limitation in such section.
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
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, $430,500,000, of which $7,300,000 is
for the Office of Inspector General, to remain available until
September 30, 2024: 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),
$930,000,000, to remain available until expended: Provided, That of
the funds appropriated under this heading, up to $130,000,000 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 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, $47,000,000, to remain available
until September 30, 2024: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 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.),
$45,000,000, to remain available until September 30, 2024, of which not
to exceed $2,000 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 $9,500,000 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, 2024, 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 costs 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
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 costs 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, $20,000,000, to remain available until
September 30, 2026.
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, $1,473,800,000, to remain available until
September 30, 2024: 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 funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial authorities,
utilizing regional partners: 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, $961,547,000, to remain
available until September 30, 2024, 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 activities, the clearance
of unexploded ordnance, 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
related 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.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $452,059,000, of which
$330,000,000 may remain available until September 30, 2024: 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 $25,000,000 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, to remain
available until September 30, 2024: 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: Provided further, That of the funds appropriated under
this heading, $3,000,000 shall remain available until expended 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), $5,862,525,000: 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:
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, the clearance of unexploded ordnance, and related
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, and
countries that are members of the North Atlantic Treaty Organization,
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
$1,253,810,229 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 2023
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, $481,000,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund: Provided further,
That not later than 60 days after the date of 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, $150,200,000, to remain available until
expended.
contribution to the green climate fund
For contribution to the Green Climate Fund by the Secretary of the
Treasury, $1,600,000,000, to remain available until expended.
contribution to the clean technology fund
For contribution to the Clean Technology Fund, $550,000,000, to
remain available until expended: Provided, That up to $520,000,000 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, $1,430,256,000, 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, $43,610,000, 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, $171,300,000, 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, $5,000,000, to remain available until
expended.
contributions to the international monetary fund facilities and trust
funds
For contribution to the Poverty Reduction and Growth Trust (PRGT)
or to the proposed Resilience and Sustainability Trust (RST) of the
International Monetary Fund (IMF) by the Secretary of the Treasury,
$20,000,000, to remain available until September 30, 2031: Provided,
That such funds shall be available to cover the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of loans made by
the Secretary of the Treasury to the PRGT or the RST of the IMF:
Provided further, That such funds shall be available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$21,000,000,000 in the aggregate, and the Secretary of the Treasury is
authorized to make such loans: Provided further, That the Exchange
Stabilization Fund (ESF) and the financing account corresponding to
transactions with the IMF are authorized to enter into such
transactions as necessary to effectuate loans from resources held in
the ESF to the PRGT or RST of the IMF.
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.), $7,500,000, of which up to $1,125,000 may remain
available until September 30, 2024.
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 $129,800,000, of which up to $19,470,000 may remain available
until September 30, 2024: 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, 2023: 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 $21,000,000, to remain available until
September 30, 2026: 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, 2038, for the disbursement
of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2022 through 2026.
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.), $5,500,000, to remain available until September 30, 2024.
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, $1,000,000,000: Provided further, That of the amount
provided--
(1) $220,000,000 shall remain available until September 30,
2025, 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;
(2) $780,000,000 shall remain available until September 30,
2025, 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 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 2023 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 2023 in excess of
$1,000,000,000 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 2023, if
such collections are less than $1,000,000,000, 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
$588,000,000.
program account
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available
until September 30, 2025: Provided, That 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
$8,000,000,000.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $98,000,000, to remain available
until September 30, 2024, of which no more than $21,000,000 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 2023 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 2023 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 2023,
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 under this section 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 the appropriate
congressional committees 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.
(e) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available for security upgrades to soft targets, including schools,
recreational facilities, and residences used by United States
diplomatic personnel and their dependents.
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, or to support a democratic transition:
Provided further, That funds made available pursuant to the previous
provisos shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the Secretary of
State, following consultation with the heads of relevant Federal
agencies, may waive the restriction in this section on a program-by-
program basis if the Secretary certifies and reports to the Committees
on Appropriations that such waiver is in the national security interest
of the United States: Provided further, That funds made available
pursuant to such waiver shall be subject to prior consultation with,
and 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) Transfers.--Amounts transferred to the United States
International Development Finance Corporation pursuant to
section 1434(j) of the BUILD Act of 2018 (division F of Public
Law 115-254), or any other transfer authority provided by any
provision of law, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations: Provided, 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, 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.
(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 accounts under the
heading ``United States International Development Finance
Corporation'' and, when so transferred, may be used for the
costs of activities described in subsections (b) and (c) of
section 1421 of the BUILD Act of 2018: Provided, That such
funds shall be subject to the limitations provided in the
second, third, and fifth provisos under the heading ``United
States International Development Finance Corporation--Program
Account'' in this Act: Provided further, That any transfer
executed pursuant to the transfer authority provided in this
paragraph shall not exceed 10 percent of an individual Compact
awarded pursuant to section 609(a) of the Millennium Challenge
Act of 2003 (title VI of Public Law 108-199): Provided
further, 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 the transfer authority
provided in this section is in addition to any other transfer
authority provided by law: Provided further, That within 60
days of the termination in whole or in part of the Compact from
which funds were transferred under this authority to the United
States International Development Finance Corporation, any
unobligated balances shall be transferred back to the
Millennium Challenge Corporation, subject to the regular
notification procedures of the Committees on Appropriations.
(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, 2023, 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 2023 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 2024 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, 2024, such taxes have not been reimbursed.
(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 2023, 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 2023, 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, Burma, Cambodia,
Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti,
Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan,
Philippines, the Russian Federation, Rwanda, Somalia, South Sudan, Sri
Lanka, Sudan, Syria, Tunisia, 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 this section 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;
(G) the Gender Equity and Equality Action Fund; and
(H) funds specifically allocated for the
Partnership for Global Infrastructure and Investment.
(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 publicly 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.
documents, report posting, 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) Public Posting of Reports.--
(1) Except as provided in paragraphs (2) and (3), any
report required by this Act to be submitted to Congress by any
Federal agency receiving funds made available by this Act shall
be posted on the public Web site of such agency not later than
45 days following the receipt of such report by Congress.
(2) Paragraph (1) shall not apply to a report if--
(A) the public posting of the report would
compromise national security, including the conduct of
diplomacy;
(B) the report contains proprietary or other
privileged information; or
(C) the public posting of the report is
specifically exempted in the explanatory statement
accompanying this Act.
(3) The agency posting such report shall do so only after
the report has been made available to the Committees on
Appropriations.
(c) 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''); and
(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.
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 in writing 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 security
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 respective tables 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, 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 and such consultation was conducted at least 7 days in
advance of the pledge.
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 2023, 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 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 funds shall be made available to support
disability rights advocacy organizations in developing countries:
Provided further, That such funds shall be in addition to funds
otherwise made available by this Act for such purposes.
(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.--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.
(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;
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces;
(E) prioritize the use of local labor; and
(F) use value-for-money standards rather than
lowest bid, including when a foreign state-owned
enterprise or entity is bidding.
(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) Human Rights.--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 promote
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution in accordance with the requirements 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, or facilitate, forced displacement
or other violations of human rights.
(e) Fraud and Corruption.--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--
(1) include in loan, grant, and other financing agreements
measurable improvements in borrowing countries' financial
management and judicial capacity to investigate, prosecute, and
punish fraud and corruption; and
(2) oppose any loan, grant, or other financing, except to
meet basic human needs, unless the government of the country is
making measurable progress in reducing corruption, as
determined in consultation with the Secretary of State:
Provided, That the requirement of this paragraph shall not take
effect until 180 days after the date of enactment of this Act.
(f) 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.
(g) 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 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.
(h) Grievance Mechanisms and Procedures.--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 support independent investigative and adjudicative
mechanisms and procedures that 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.
(i) 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 may be made available to
support a capital increase for an international financial institution
unless the President submits a budget request for such increase to
Congress and determines 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) the governors of such institution have approved the
capital increase; and
(3) the institution is implementing policies and guidelines
to require that recipients of loans, credits, grants,
guarantees, or other financing from such institution are making
measurable progress in reducing corruption.
(j) Report.--Not later than 180 days after the date of enactment of
this Act and every 180 days thereafter until September 30, 2024, the
Secretary of the Treasury shall submit a report to the appropriate
congressional committees detailing the actions taken by the United
States executive directors of the international financial institutions
to implement subsections (a), (b), (d), (e), (f), (g), and (h) of this
section: Provided, That such report shall include the processes
established to ensure compliance with the requirements in subsections
(e)(2) and (i)(3), including consultation with the Secretary of State.
technology security
Sec. 7030. (a) Insecure Communications Networks.--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, including funds appropriated under the
heading ``Economic Support Fund'', may be used to strengthen civilian
cybersecurity capacity, including participation of foreign law
enforcement and military personnel in non-military activities,
notwithstanding any other provision of law and following consultation
with the Committees on Appropriations.
(b) Consultation Requirement.--Funds appropriated or otherwise made
available by any provision of law for the Chips for America
International Technology Security and Innovation Fund or a similar fund
authorized or established by law, including to carry out sections 9905
and 9202(a)(2) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283), shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
financial management, budget transparency, and anti-corruption
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--
(A) 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 fully
met; and
(B) the recipient government is making measurable
progress in reducing corruption.
(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 2024 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) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to 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).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after the date of 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 make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of State
website: Provided, That such report shall include the elements
included under this heading in the explanatory statement
accompanying this Act.
(3) Assistance.--Not less than $7,000,000 of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their
immediate family members about whom the Secretary of
State has credible information have been involved,
directly or indirectly, in significant corruption,
including corruption related to the extraction of
natural resources, or a gross violation of human
rights, including the wrongful detention of 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 shall, as appropriate, refer the
matter to the Office of Foreign Assets Control,
Department of the Treasury, to determine whether 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
such subparagraph: Provided, That a copy of each such
referral shall be provided to the appropriate
congressional committees and the Committees on the
Judiciary not less than 5 days after such referral is
made.
(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 the date of
enactment of this Act, and every 90 days thereafter until
September 30, 2024, 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 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, as appropriate.
(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.
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 $2,900,000,000
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 $142,640,000 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) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law.
(e) Restrictions on Foreign Government Interference.--
(1) Prior approval.--With respect to the provision of
assistance for democracy programs in this Act, the
organizations implementing such assistance, the specific nature
of the assistance, and the participants in such programs shall
not be subject to prior approval by the government of any
foreign country.
(2) Disclosure of implementing partner information.--If the
Secretary of State, in consultation with the Administrator of
the United States Agency for International Development,
determines that the government of the country is undemocratic
or has engaged in or condoned harassment, threats, or attacks
against organizations implementing democracy programs, any new
bilateral agreement governing the terms and conditions under
which assistance is provided to such country shall not require
the disclosure of the names of implementing partners of
democracy programs, and the Secretary of State and the USAID
Administrator shall expeditiously seek to negotiate amendments
to existing bilateral agreements, as necessary, to conform to
this requirement.
(3) Reporting requirement.--The Secretary of State, in
coordination with the USAID Administrator, shall submit a
report to the appropriate congressional committees, not later
than 90 days after the date of enactment of this Act, detailing
steps taken by the Department of State and USAID to comply with
the requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall continue to
implement civil society and political competition and consensus
building programs abroad with funds appropriated by this Act in a
manner that recognizes the unique benefits of grants and cooperative
agreements in implementing such programs.
(g) Digital Security and Countering Disinformation.--Democracy
programs supported with funds appropriated by this Act under subsection
(a)(1) should, as appropriate--
(1) include--
(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;
and
(2) incorporate activities to counter disinformation
propagated by malign actors, including the People's Republic of
China and the Russian Federation.
(h) 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.
(i) Protection of Civil Society Activists and Journalists.--
(1) Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'', not
less than $30,000,000 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.
(j) International Freedom of Expression and Independent Media.--Of
the funds appropriated by this Act under the heading ``Economic Support
Fund'', not less than $20,000,000 shall be made available for programs
to protect international freedom of expression and independent media,
including to implement the updated action plan 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 funds appropriated by this Act under the heading
``Diplomatic Programs'' shall be made available to the Bureau of
Democracy, Human Rights, and Labor, Department of State, and funds
appropriated by this Act under the heading ``Operating Expenses'' shall
be made available to the Bureau for Development, Democracy, and
Innovation, USAID, for the costs of administering such programs.
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 and funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian
assistance for vulnerable and persecuted ethnic and religious
minorities: 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 in Iraq 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 2023.
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'' shall
be made available for DNA forensic technology programs to
combat human trafficking 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 $6,000,000 shall
be made available for programs to prevent atrocities: 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) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-
Eastern European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(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, 2025: 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 this Act under the heading ``Diplomatic Programs'', up to
$500,000 may be made available for grants pursuant to section
504 of the Foreign Relations Authorization Act, Fiscal Year
1979 (22 U.S.C. 2656d), including to facilitate collaboration
with Indigenous communities, and under the heading
``Educational and Cultural Exchange Programs'', up to
$1,115,000 may be made available for grants to carry out the
activities of the Cultural Antiquities Task Force.
(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.
(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) Payments.--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'' and ``Operating Expenses'', except for
funds designated by Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, are
available to provide payments pursuant to section 901(i)(2) of
title IX of division J of the Further Consolidated
Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided,
That funds made available pursuant to this paragraph shall be
subject to prior consultation with the Committees on
Appropriations.
(9) 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, 2023, 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, 2023, by substituting ``4 percent'' for
``2 percent'' in each place it appears.
(10) Afghan allies.--Section 602(b)(3)(F) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(A) in the heading, by striking ``2022'' and
inserting ``2023'';
(B) in the matter preceding clause (i), in the
first sentence, by striking ``34,500'' and inserting
``38,500''; and
(C) in clauses (i) and (ii), by striking ``December
31, 2023'' and inserting ``December 31, 2024''.
(e) Partner Vetting.--Prior to initiating a partner vetting
program, providing a direct vetting option, 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 and the Administrator may restrict the award of,
terminate, or cancel contracts, grants, or cooperative agreements or
require an awardee to restrict the award of, terminate, or cancel a
sub-award based on information in connection with a partner vetting
program.
(f) Contingencies.--During fiscal year 2023, the President may use
up to $145,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(g) 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.
(h) 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 2023, 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.
(i) 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 2023.
(j) Extradition.--Section 7055 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022 (division K
of Public Law 117-103) shall continue in effect during fiscal year
2023.
(k) Involuntary Repatriations.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs may not be made available for the
direct removal costs of involuntary repatriation operations.
(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, 2023'' 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, 2023.
(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,
2023'' 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, 2023.
(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
2022'' and inserting ``2022, and 2023''; and
(ii) in subsection (e), by striking
``2022'' each place it appears and inserting
``2023''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
striking ``2022'' and inserting ``2023''.
(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, 2023, 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) Accountability review boards.--The authority provided
by section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain
in effect for facilities in Afghanistan through September 30,
2023, except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(9) 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 2023.
(10) 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.
(11) Protective services.--Section 7071 of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2022 (division K of Public Law 117-103)
shall continue in effect during fiscal year 2023.
(12) Extension of loan guarantees to israel.--Chapter 5 of
title I of the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended under
the heading ``Loan Guarantees to Israel''--
(A) in the matter preceding the first proviso, by
striking ``September 30, 2023'' and inserting
``September 30, 2028''; and
(B) in the second proviso, by striking ``September
30, 2023'' and inserting ``September 30, 2028''.
(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'',
``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 the
date of enactment of this Act, the Secretary of State and USAID
Administrator shall submit to the Committees on Appropriations,
and 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--
(A) 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
(B) consult with the Committees on Appropriations
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.
(n) 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, and emerging and other 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, and
shall be subject to the regular notification procedures of the
Committees on Appropriations: 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.
(o) 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, 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: Provided further, That not less than 30 days prior to
the initial obligation of funds for a loan guarantee or a
public announcement of a loan guarantee if funds have not been
obligated for such purpose prior to such announcement, the
President shall designate, and concurrently report such
designation to the appropriate congressional committees, the
Federal agency or agencies responsible for managing the legacy
loan guarantee portfolio, maintaining the current and future
financial exposure of loan guarantees, and executing future
loan guarantees.
(2) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject
to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations.
(p) 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, 2027.
(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.
(q) 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 2023.
(r) 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, 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,
following consultation with the Director of National Intelligence:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of State shall submit to the appropriate
congressional committees a report detailing the use of the authority of
this subsection since enactment of this Act, which shall include the
scope and duration of any waiver granted, the entity covered by such
waiver, and a detailed description of the national security interest
served: Provided further, That such report shall be updated every 60
days until September 30, 2024.
(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 operating unit 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 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) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act,
funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' shall be made available for combat
casualty training and equipment in an amount above the
prior fiscal year.
(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.
(3) 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.
(4) 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 in foreign prisons
and other detention facilities, notwithstanding section 660 of
the Foreign Assistance Act of 1961: 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
the date of enactment of this Act: Provided further, That such
funds shall be in addition to funds otherwise made available by
this Act for such purpose.
(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
2023.
(3) 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.
(4) 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, 2025:
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.
(5) Amendment.--
(A) Application.--Section 620M(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d(a)) is amended
by inserting the following after ``a gross violation of
human rights'':
``or war crime as defined in section 2441 of title
18, United States Code''.
(B) Definition.--Section 620M(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d(e)) is
amended--
(i) by striking paragraph (2);
(ii) by redesignating paragraph (1) as
paragraph (2); and
(iii) by inserting before paragraph (2) the
following:
``(1) For purposes of this section--
``(A) the term `appropriate congressional
committees' means--
``(i) the Committee on Foreign Relations of
the Senate;
``(ii) the Committee on Appropriations of
the Senate;
``(iii) the Committee on Foreign Affairs of
the House of Representatives; and
``(iv) the Committee on Appropriations of
the House of Representatives; and
``(B) the term `credible information' means
information that, considering the source of such
information and the surrounding circumstances, supports
a reasonable belief that a violation has occurred, and
shall not be determined solely on the basis of--
``(i) the number of sources;
``(ii) whether the source has been critical
of a policy or action of the United States
Government or its security partners;
``(iii) whether the source has a personal
connection to the information being reported;
or
``(iv) whether the United States Government
is able to independently verify the
information.''.
(C) Effective date.--Section 620M(a) of the Foreign
Assistance Act of 1961 with respect to war crimes, as
amended by subparagraph (A) of this paragraph, shall
not have effect until October 1, 2023.
(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.--Not later than 120 days after the
date of enactment of this Act, the Secretary of State,
in consultation with the Secretary of Defense, shall
submit a report to the appropriate congressional
committees on implementation of the United States
policy regarding anti-personnel landmines (APLs)
announced on June 21, 2022, to include progress on the
destruction of APLs, and the number and types of APLs
required for the defense of the Republic of Korea and
the methodology used to determine such number:
Provided, That the report shall include the types (by
Department of Defense Ammunition Code) and quantities
of landmines demilitarized and removed from the
demilitarization account of the United States Armed
Forces, and demilitarization accomplished by contract
or outside the continental United States.
(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) Crowd control.--If the Secretary of State has
information that a unit of a foreign security force uses
excessive force to repress peaceful expression or assembly
concerning corruption, harm to the environment or human health,
or the fairness of electoral processes, or in countries that
are undemocratic or undergoing democratic transition, the
Secretary shall promptly determine if such information is
credible: Provided, That if the information is determined to
be credible, 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 such unit, unless the
foreign government is taking effective measures to bring the
responsible members of such unit to justice.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days
after the date of 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 2022, 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.
assistance for innocent victims of conflict
Sec. 7036. Of the funds appropriated under title III of this Act,
not less than $10,000,000 shall be made available for the Marla Ruzicka
Fund for Innocent Victims of Conflict: Provided, That the USAID
Administrator shall consult with the Committees on Appropriations not
later than 60 days after the date of enactment of this Act on the
proposed uses of such funds: Provided further, That section 7056 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2022 (division K of Public Law 117-103) is amended
by striking ``military operations'' and inserting ``armed conflict''.
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 2023, 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: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(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 2023 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
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 no 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 the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must 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 section 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.
(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, 2024, 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 the regular notification procedures of the
Committees on Appropriations: Provided further, That
$235,000,000 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 taking sustained and effective
steps to--
(i) strengthen the rule of law, democratic
institutions, and human rights in Egypt,
including to protect religious minorities and
the rights of women, which are in addition to
steps taken during the previous calendar year
for such purposes;
(ii) implement reforms that protect
freedoms of expression, association, and
peaceful assembly, including the ability of
civil society organizations, human rights
defenders, and the media to function without
interference;
(iii) hold Egyptian security forces
accountable, including officers credibly
alleged to have violated human rights;
(iv) investigate and prosecute cases of
extrajudicial killings and forced
disappearances; and
(v) provide regular access for United
States officials to monitor such assistance in
areas where the assistance is used:
Provided further, That the certification requirement
of this paragraph, with the exception of clauses (iii),
(iv), and (v), shall not apply to funds appropriated by
this Act under such heading for counterterrorism
programs for Egypt, and shall not apply to funds
appropriated by this Act under such heading for border
security and nonproliferation programs for Egypt.
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) 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), $95,000,000 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 clear and consistent
progress in releasing political prisoners, providing
detainees with due process of law, and preventing the
intimidation and harassment of American citizens.
(4) Pre-obligation determination.--Prior to the initial
obligation of funds made available by this Act under the
heading ``Foreign Military Financing Program'' for assistance
for Egypt, the Secretary of State shall submit a report to the
appropriate congressional committees on known disputes
involving injuries to American citizens caused by the Egyptian
military, steps taken during the preceding 12 months by the
Government of Egypt to resolve, or facilitate the just
resolution of, such disputes, the reasons for any delay in
resolving such disputes, and the remaining obstacles to such a
resolution.
(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 for the programs and
activities described under this section in House Report 117-84.
(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.--Funds appropriated under titles III and IV of this Act
shall be made available for assistance for Iraq for--
(1) bilateral economic assistance and international
security assistance, including in the Kurdistan Region of Iraq;
(2) stabilization assistance, including in Anbar Province;
(3) programs to support government transparency and
accountability, support judicial independence, protect the
right of due process, end the use of torture, and combat
corruption;
(4) humanitarian assistance, including in the Kurdistan
Region of Iraq;
(5) programs to protect and assist religious and ethnic
minority populations and for survivors of violence; and
(6) programs to increase United States private sector
investment.
(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 $775,300,000 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
``Economic Support Fund'' that are made available for
implementation of the Nita M. Lowey Middle East Partnership for
Peace Act of 2020 (title VIII of division K of Public Law 116-
260), not less than $1,500,000 shall be made available for a
new women's leadership program that brings together Israeli and
Palestinian women who are committed to working in pursuit of
Middle East peace.
(e) Jordan.--Of the funds appropriated by this Act under titles III
and IV, $1,457,500,000 should be made available for assistance for
Jordan: Provided, That of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made available for
assistance for Jordan, $75,000,000 shall remain available until
September 30, 2026, and may be made available for assistance for Jordan
if negotiated benchmarks towards reforms are met: Provided further,
That such funds may be reprogrammed for other countries and programs,
subject to the regular notification procedures of the Committees on
Appropriations.
(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.--None of the funds appropriated by this
Act under the heading ``International Military Education and
Training'' 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 titles III and IV 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) 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 shall be made available for assistance for Tunisia
for programs to improve economic growth and opportunity,
support democratic governance and civil society, protect due
process of law, and maintain regional stability and security,
following consultation with the Committees on Appropriations.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations on the extent to
which--
(A) the Government of Tunisia is implementing
economic reforms, countering corruption, and taking
credible steps to restore constitutional order and
democratic governance, including respecting freedoms of
expression, association, and the press, and the rights
of members of political parties, that are in addition
to steps taken in the preceding fiscal year;
(B) the Government of Tunisia is maintaining the
independence of the judiciary and holding security
forces who commit human rights abuses accountable; and
(C) the Tunisian military has remained an
apolitical and professional institution.
(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
infrastructure improvements.
(2) Report on assistance.--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).
(5) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law
110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after the
date of enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional committees
detailing steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace
and coexistence with Israel.
africa
Sec. 7042. (a) Central African Republic.--Of the funds appropriated
by this Act under the heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for a contribution to the Special
Criminal Court in Central African Republic.
(b) Counter Illicit Armed Groups.--Funds appropriated by this Act
shall be made available for programs and activities in areas affected
by the Lord's Resistance Army (LRA) or other illicit armed groups in
Eastern Democratic Republic of the Congo and the Central African
Republic, including to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support the
disarmament, demobilization, and reintegration of former LRA
combatants, especially child soldiers.
(c) Democratic Republic of the Congo.--Funds appropriated by this
Act shall be made available for assistance for the Democratic Republic
of the Congo (DRC) for stabilization, democracy, 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) Ethiopia.--
(1) Assistance.--Funds appropriated by this Act that are
made available for assistance for Ethiopia should be used to
support--
(A) political dialogues and confidence building
measures to end the conflicts;
(B) civil society and protect human rights;
(C) efforts to provide unimpeded access to
humanitarian assistance; and
(D) investigations and prosecutions of gross
violations of human rights.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees on the
extent to which the Government of Ethiopia and other parties to
the conflict--
(A) have ceased offensive military operations
across the country;
(B) have taken credible steps toward political
dialogues to end the conflicts;
(C) are providing unimpeded access to humanitarian
assistance;
(D) are taking effective steps to protect human
rights and comply with international humanitarian law
and international refugee law; and
(E) are cooperating with independent investigations
of gross violations of human rights.
(e) South Sudan.--None of the funds appropriated by this Act under
title IV may be made available for assistance for the central
Government of South Sudan, except to support implementation of
outstanding issues of the Comprehensive Peace Agreement, mutual
arrangements related to post-referendum issues associated with such
Agreement, or any other viable peace agreement in South Sudan:
Provided, That 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 South Sudan shall be subject to prior consultation with
the appropriate congressional committees.
(f) Sudan.--None of the funds appropriated by this Act under title
IV may be made available for assistance for the central Government of
Sudan, except to support implementation of outstanding issues of the
Comprehensive Peace Agreement, mutual arrangements related to post-
referendum issues associated with such Agreement, or any other viable
peace agreement in Sudan: Provided, That 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.
(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
extension by the respective institution of any loan or grant to
the Government of Zimbabwe, except to meet basic human needs or
to promote democracy.
(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.
east asia and the pacific
Sec. 7043. (a)Association of Southeast Asian Nations.--Of the funds
appropriated by this Act under titles III and IV, not less than
$25,000,000 shall be made available for programs to support the
Association of Southeast Asian Nations (ASEAN), for which the policy
justifications and decisions shall be coordinated with the Ambassador
to the United States Mission to ASEAN.
(b) 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 entities that
support peaceful efforts to establish an inclusive and
representative democracy in Burma and a federal union
to foster equality among Burma's diverse ethnic groups,
following consultation with the Committees on
Appropriations;
(C) shall be made available for programs to promote
ethnic and religious tolerance, unity, and
accountability 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''; and
(E) shall be made available for programs and
activities to investigate and document violations of
human rights in Burma committed by the military junta.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma.
(3) Limitations.--None of the funds appropriated by this
Act that are made available for assistance for Burma may be
made available to the State Administration Council or any
organization or entity controlled by, or an affiliate of, the
armed forces of Burma, or to any individual or organization
that has committed a gross violation of human rights or
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.
(4) Consultation.--Any new program or activity in Burma
initiated in fiscal year 2023 shall be subject to prior
consultation with the appropriate congressional committees.
(c) 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 runway at 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; and
(B) 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.
(d) 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 $1,800,000,000 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 up to
10 percent of such funds shall be held in reserve to respond to
unanticipated opportunities to counter PRC influence: Provided
further, That the uses of such funds shall be the joint
responsibility of the Secretary of State and the USAID
Administrator, in a manner consistent with the prior fiscal
year: Provided further, That funds made available pursuant to
this paragraph under the heading ``Foreign Military Financing
Program'' may remain available until September 30, 2024:
Provided further, That funds appropriated by this Act for such
Fund under the headings ``International Narcotics Control and
Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', and ``Foreign Military Financing
Program'' 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.
(e) 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, including for assistance for persons with
disabilities caused by unexploded ordnance accidents, and of which not
less than $1,500,000 should be made available for programs to assist
persons with severe physical mobility, cognitive, or developmental
disabilities in areas sprayed with Agent Orange and contaminated with
dioxin: Provided, That funds made available pursuant to this
subsection may be used, in consultation with the Government of Laos,
for assessments of the existence of dioxin contamination resulting from
the use of Agent Orange in Laos and the feasibility and cost of
remediation.
(f) 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.
(g) Pacific Islands Countries.--
(1) Operations.--
(A) Diplomatic facilities.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs under title I should be made available for
establishing and operating diplomatic facilities in
Kiribati, Tonga, Solomon Islands, and Vanuatu, subject
to section 7015(a)(3) of this Act and following
consultation with the Committees on Appropriations.
(B) Personnel.--Not later than 90 days after the
date of enactment of this Act, the Secretary of State,
in consultation with the USAID Administrator, shall
submit a report to the appropriate congressional
committees detailing plans, including timelines and
costs regarding property leases and personnel, for
expanding the presence of United States diplomatic and
development personnel in Pacific Islands countries:
Provided, That in order to expeditiously expand such
presence, the Secretary of State and USAID
Administrator may, following consultation with the
Committees on Appropriations, use funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs to hire locally employed staff in Kiribati,
Tonga, Solomon Islands, Vanuatu, and other Pacific
Islands countries that do not have United States
diplomatic facilities.
(C) Pacific air wing.--Not later than 90 days after
the date of enactment of this Act, the Secretary of
State, following consultation with the Secretary of
Defense and the heads of other relevant Federal
agencies, shall submit a report to the Committees on
Appropriations on the feasibility of, and if feasible,
plans for, establishing an air wing program to support
the operations of the Department of State and USAID in
Pacific Islands countries: Provided, That 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 such program if the Secretary of State determines
in the report required by this subparagraph that such
program is feasible, following consultation with, and
the regular notification procedures of, the Committees
on Appropriations.
(2) Programs.--
(A) Department of state and usaid.--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'', ``International
Military Education and Training'', and ``Foreign
Military Financing Program'', not less than
$205,200,000 shall be made available for assistance for
Pacific Islands countries, including as described in
the explanatory statement accompanying this Act:
Provided, That of the funds made available pursuant to
this subparagraph, funds shall be made available for
assistance for the Pacific Freely Associated States of
the Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau, including
for direct budget support, as appropriate: Provided
further, That funds made available for the purposes of
the previous proviso shall be in addition to funds made
available by any Act for Compacts of Free Association:
Provided further, That up to $1,500,000 may be made
available for assistance for the Republic of Nauru, in
accordance with the requirements of section 7047(c)(1)
of this Act: Provided further, That funds made
available pursuant to this subparagraph shall be made
available for joint development and security programs
between the United States and Australia, Japan, New
Zealand, South Korea, and Taiwan, following
consultation with the Committees on Appropriations.
(B) Transfer authority.--
(i) Funds made available pursuant to
subparagraph (A) under the headings
``Development Assistance'' and ``Economic
Support Fund'' may be transferred to, and
merged with, funds appropriated under such
headings.
(ii) Funds made available pursuant to
subparagraph (A) under the headings
``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing
Program'' may be transferred to, and merged
with, funds appropriated under such headings.
(iii) The transfer authority provided
pursuant to this subparagraph is in addition to
any other transfer authority otherwise
available under any other provision of law and
shall be subject to the regular notification
procedures of the Committees on Appropriations.
(C) United states international development finance
corporation.--Not later than 30 days after the date of
enactment of this Act, the Chief Executive Officer of
the United States International Development Finance
Corporation shall submit a report to the appropriate
congressional committees detailing the authority
necessary to support projects in countries that are
categorized as high income countries, particularly in
Pacific Islands countries: Provided, That such report
shall include representative examples of opportunities
to leverage such authority to further the national
economic or foreign policy interests of the United
States, including to counter the influence of the
People's Republic of China, and to produce significant
developmental outcomes, including in the health sector.
(h) 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.--The report required under section
7043(f)(3)(C) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2021 (division K of Public Law 116-260) shall be
updated and submitted to the Congress in the manner
described.
(i) 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 not later than 45 days
after the date of enactment of this Act, the Secretary of State shall
update the report required under this heading in Senate Report 116-126
and specify how United States assistance for the armed forces of the
Philippines is being used to achieve measurable results in addressing
the findings in such report, and the results achieved.
(j) Taiwan.--
(1) Global cooperation and training framework.--Of the
funds appropriated by this Act under the heading ``Economic
Support Fund'', not less than $4,000,000 shall be made
available for the Global Cooperation and Training Framework,
which shall be administered by the American Institute in
Taiwan.
(2) Foreign military financing program loan guarantees.--
(A) During fiscal year 2023, the Secretary of State
is authorized to make direct loans under section 23 of
the Arms Export Control Act available for Taiwan,
notwithstanding section 23(c)(1) of the Arms Export
Control Act, gross obligations for the principal
amounts of which shall not exceed $2,000,000,000:
Provided, That funds appropriated under the heading
``Foreign Military Financing Program'' in this Act may
be made available for the costs, as defined in section
502 of the Congressional Budget Act of 1974, of such
loans: 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
and may include the costs of selling, reducing, or
cancelling any amounts owed to the United States or any
agency of the United States: Provided further, That
the Government of the United States may charge fees for
such loans, which shall be collected from borrowers in
accordance with section 502(7) of the Congressional
Budget Act of 1974: Provided further, That no funds
made available by this or any other appropriations Act
for this fiscal year or prior fiscal years may be used
for payment of any fees associated with such loans:
Provided further, That such loans shall be repaid in
not more than 12 years, including a grace period of up
to one year on repayment of principal: Provided
further, That notwithstanding section 23(c)(1) of the
Arms Export Control Act, interest for such loans may be
charged at a rate determined by the Secretary of State,
except that such rate may not be less than the
prevailing interest rate on marketable Treasury
securities of similar maturity: Provided further, That
amounts made available under this paragraph for such
costs shall not be considered assistance for the
purposes of provisions of law limiting assistance to a
country.
(B) Funds appropriated under the heading ``Foreign
Military Financing Program'' by this Act may be made
available, notwithstanding the third proviso under such
heading, for the costs of loan guarantees under section
24 of the Arms Export Control Act for Taiwan, which are
authorized to be provided: Provided, That such funds
may be made available to subsidize gross obligations
for the principal amount of commercial loans, and total
loan principal, any part of which is to be guaranteed,
not to exceed $2,000,000,000: Provided further, That
no loan guarantee with respect to any one borrower may
exceed 80 percent of the loan principal: Provided
further, That any loan guaranteed under this paragraph
may not be subordinated to another debt contracted by
the borrower or to any other claims against the
borrower in the case of default: Provided further,
That repayment in United States dollars of any loan
guaranteed under this paragraph shall be required
within a period not to exceed 12 years after the loan
agreement is signed: Provided further, That the
Government of the United States may charge fees for
such loan guarantees, as may be determined,
notwithstanding section 24 of the Arms Export Control
Act, which shall be collected from borrowers or third
parties on behalf of such borrowers in accordance with
section 502(7) of the Congressional Budget Act of 1974:
Provided further, 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.
(C) Funds made available to carry out the
authorities of this subsection shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(k) Tibet.--
(1) 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) Notwithstanding any other provision of law, of
the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $10,000,000
shall be made available to nongovernmental
organizations with experience working with Tibetan
communities 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
$8,000,000 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.
(l) Vietnam.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $197,000,000 shall be made available
for assistance for Vietnam, of which not less than--
(A) $30,000,000 shall be made available for
programs to assist persons with severe physical
mobility, cognitive, or developmental disabilities:
Provided, That such funds shall be prioritized to
assist persons whose disabilities may be related to the
use of Agent Orange and exposure to dioxin, or are the
result of unexploded ordnance accidents;
(B) $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;
(C) $2,000,000 shall be made available for the
Vietnamese Wartime Accounting Initiative; and
(D) $15,000,000 shall be made available for higher
education programs.
(2) Section 7043(i)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022
(division K of Public Law 117-103) is amended by striking
``that'' and inserting ``: Provided, That such funds shall be
prioritized to assist persons whose disabilities''.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Restriction.--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.
(2) Afghan special immigrant visas.--Funds appropriated or
otherwise made available by this Act under the heading
``Administration for Foreign Affairs'' shall be made available
for additional Department of State personnel necessary to
eliminate processing backlogs and expedite adjudication of
Afghan Special Immigrant Visa cases.
(3) Afghan students.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be made
available to support the higher education of students from
Afghanistan studying outside of the country, including the
costs of reimbursement to institutions hosting such students,
as appropriate: Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the Committees
on Appropriations prior to the initial obligation of funds for
such purposes.
(4) Report.--Not later than 45 days after the date of
enactment of this Act, the Secretary of State and the USAID
Administrator shall submit a report to the appropriate
congressional committees detailing plans, consistent with the
restriction contained in paragraph (1), to--
(A) protect and strengthen the rights of Afghan
women and girls;
(B) support higher education programs, including
continued support for the American University of
Afghanistan's (AUAF) online programs and support for
other higher education institutions in South Asia and
the Middle East that are hosting AUAF and other Afghan
students;
(C) support Afghan civil society activists,
journalists, and independent media, including in third
countries; and
(D) support health, education, including community-
based education, and other programs to address the
basic needs of the people of Afghanistan.
(b) Bangladesh.--Of the funds appropriated under titles III and IV
of this Act that are made available for assistance for Bangladesh--
(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, military professionalization and
training, and border security activities: 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) Assistance.--
(A) Security assistance.--Funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' for assistance for Pakistan may be made
available only to support counterterrorism and
counterinsurgency capabilities in Pakistan.
(B) Bilateral economic assistance.--Prior to the
obligation of funds made available by this Act under
the heading ``Economic Support Fund'' for assistance
for the central Government of Pakistan, the Secretary
of State shall submit a report to the appropriate
congressional committees detailing--
(i) the amount of financing and other
support, if any, provided by the Government of
Pakistan to schools supported by, affiliated
with, or run by the Taliban or any domestic or
foreign terrorist organization in Pakistan;
(ii) the extent of cooperation by such
government in issuing visas in a timely manner
for United States visitors, including officials
and representatives of nongovernmental
organizations, engaged in assistance and
security programs in Pakistan;
(iii) the extent to which such government
is providing humanitarian organizations access
to detainees, internally displaced persons, and
other Pakistani civilians affected by conflict
in Pakistan and the region; and
(iv) the extent to which such government is
strengthening democracy in Pakistan, including
protecting freedom of expression, assembly, and
religion.
(2) Authority and uses of funds.--Funds appropriated by
this Act for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for section
620M of the Foreign Assistance Act of 1961.
(3) Withholding.--Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on
Appropriations that Dr. Shakil Afridi has been released from
prison and cleared of all charges relating to the assistance
provided to the United States in locating Osama bin Laden.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs.
(2) Certification.--Funds appropriated by this Act under
the headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' for assistance for Sri Lanka may be made
available only if the Secretary of State certifies and reports
to the Committees on Appropriations that the Government of Sri
Lanka is taking effective and consistent steps 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 of
such violations accountable;
(B) address the basic needs of the people of Sri
Lanka and responsibly mitigate the impact of the
country's economic collapse, including by addressing
transparency and accountability in governance;
(C) combat corruption, including bringing to
justice public officials who have engaged in
significant acts of corruption;
(D) assert its sovereignty against influence by the
People's Republic of China; and
(E) promote reconciliation between ethnic and
religious groups, particularly arising from past
conflict 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) investigating allegations of arbitrary
arrest and torture, and supporting a credible
justice mechanism for resolving cases of war
crimes:
Provided, That the limitations of this paragraph
shall not apply to funds made available for
humanitarian assistance and disaster relief; to enhance
maritime security and domain awareness, including
professionalization and training for the navy and coast
guard; and for instruction in human rights and related
curricula development.
(3) Consultation.--Funds made available for assistance for
Sri Lanka shall be subject to prior consultation with the
Committees on Appropriations.
(f) Regional Programs.--Funds appropriated by this Act shall 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.--Funds appropriated by this Act under
titles III and IV shall be made available for assistance for
Belize, Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua, and Panama, including through the Central America
Regional Security Initiative: Provided, That such assistance
shall be prioritized for programs that address the violence,
poverty, corruption, 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, protect the rights of Indigenous
people, support civil society and other independent
institutions, enhance economic opportunity, combat corruption
and impunity, and dismantle illegal armed groups and drug
trafficking organizations.
(A) Of the funds made available pursuant to
paragraph (1)--
(i) not less than $61,500,000 shall be made
available to support entities and activities to
combat corruption and impunity in such
countries, including, as appropriate, offices
of Attorneys General; and
(ii) not less than $70,000,000 shall be
made available for programs to reduce violence
against women and girls.
(B) Within the funds made available pursuant to
paragraph (1) and made available for assistance for El
Salvador, Guatemala, and Honduras, up to $47,600,000
may remain available until September 30, 2027 for
programs that support locally-led development in such
countries: Provided, That up to 15 percent of the
funds made available to carry out this subparagraph may
be used by the Administrator of the United States
Agency for International Development for administrative
and oversight expenses related to the purposes of this
subparagraph: 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) Funds made available pursuant to paragraph (1)
shall be made available for the Central America Service
Corps (CASC), which should be matched with
contributions from private donors and local
governments.
(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, 60 percent of
such funds that are made available for assistance for
each of the central governments of El Salvador and
Guatemala, and 45 percent of such funds that are made
available for assistance for the central government of
Honduras, 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 investigating and prosecuting
government officials, military personnel, and
police officers credibly alleged to be corrupt;
(ii) implementing reforms, policies, and
programs to strengthen the rule of law,
including increasing the transparency of public
institutions, strengthening the independence of
judicial and electoral institutions, and
improving the transparency of political
campaign and political party financing;
(iii) protecting the rights of human rights
defenders, trade unionists, journalists, civil
society groups, opposition political parties,
and the independence of the media;
(iv) providing effective and accountable
law enforcement and security for its citizens,
curtailing the role of the military in public
security, and upholding due process of law;
(v) implementing policies to reduce poverty
and promote economic growth and opportunity,
including the implementation of reforms to
strengthen educational systems, vocational
training programs, and programs for at-risk
youth;
(vi) improving border security and
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) implementing policies that improve
the environment for foreign investment,
including executing tax reform in a transparent
manner, ensuring effective legal mechanisms for
reimbursements of tax refunds owed to United
States businesses, and 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
shall be reprogrammed for assistance for civil society
organizations 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) judicial entities and activities
related to combating corruption and impunity;
(ii) programs to combat gender-based
violence;
(iii) programs to promote and protect human
rights, including those of Indigenous
communities and Afro-descendants;
(iv) humanitarian assistance; and
(v) 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, except for programs that support humanitarian
assistance, disaster response, and maritime security.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $471,375,000 should be
made available for assistance for Colombia: Provided, That
such funds shall be made available for the programs and
activities described in the explanatory statement accompanying
this Act: Provided further, That of the funds appropriated by
this Act under the heading ``International Narcotics Control
and Law Enforcement'' and made available for assistance
pursuant to this paragraph, not less than $40,000,000 shall be
made available to enhance rural security in coca producing
municipalities and other municipalities with high levels of
illicit activities: Provided further, That funds made
available pursuant to the preceding proviso shall be
prioritized in such municipalities that are also targeted for
assistance programs that provide viable economic alternatives
and improve access to public services.
(2) Withholding of funds.--
(A) Counternarcotics.--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--
(i) 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, including by prioritizing
funding to enhance rural security in coca
producing municipalities and assisting farmers
with voluntary eradication and viable economic
alternatives to coca cultivation in such
municipalities;
(ii) such strategy is in accordance with
the 2016 peace accord between the Government of
Colombia and the Revolutionary Armed Forces of
Colombia; and
(iii) the Government of Colombia is taking
effective steps to dismantle drug trafficking
networks.
(B) Human rights.--
(i) 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 gross 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
credibly alleged, or whose units are
credibly alleged, to be responsible for
ordering, committing, and covering up
cases of false positives and other
extrajudicial killings, or of
committing other gross violations of
human rights, or of conducting illegal
communications intercepts or other
illicit surveillance, are being held
accountable, including removal from
active duty if found guilty through
criminal, administrative, or
disciplinary proceedings; and
(V) the Colombian Armed Forces are
cooperating fully with the requirements
described in subclauses (I) through
(IV).
(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 (CNP), five 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 the police personnel who
ordered, directed, and used excessive force and
engaged in other illegal acts against
protesters in 2020 and 2021, and that the CNP
is cooperating fully with such efforts.
(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) Limitation.--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 Colombia may be made available for
payment of reparations to conflict victims or compensation to
demobilized combatants associated with a peace agreement
between the Government of Colombia and illegal armed groups.
(c) 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, subsistence
farmers, 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.
(d) Nicaragua.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $15,000,000 shall be
made available for democracy programs for Nicaragua, including to
support civil society.
(e) Venezuela.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $40,000,000 shall be
made available for democracy programs for Venezuela.
(2) Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under title III shall 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.--Of the funds appropriated by this Act under
titles III and IV, not less than $132,025,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Funds appropriated by this Act under titles
III and IV 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 central Government of
the Russian Federation.
(b) Annexation of Territory.--
(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 Russia or
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 Russia or 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 assistance by
such institution (including 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 assistance by
such institution (including 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: Provided, That
funds made available pursuant to this paragraph under the
heading ``Foreign Military Financing Program'' may remain
available until September 30, 2024.
(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.--Not later than 120
days after the date of enactment of this Act, the Secretary of State
shall report to the Committees on Appropriations whether each
organization, department, or agency receiving a contribution from funds
appropriated by this Act under the headings ``Contributions to
International Organizations'' and ``International Organizations and
Programs''--
(1) is posting on a publicly available website, consistent
with privacy regulations and due process, regular financial and
programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
(2) has submitted a report to the Department of State,
which shall be posted on the Department's website in a timely
manner, demonstrating that such organization is effectively
implementing and enforcing policies and procedures which meet
or exceed best practices in the United States for the
protection of whistleblowers from retaliation, including--
(A) protection against retaliation for internal and
lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to binding independent adjudicative
bodies, including shared cost and selection of external
arbitration; and
(E) results that eliminate the effects of proven
retaliation, including provision for the restoration of
prior employment; and
(3) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel.
(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 such
Council is not taking significant steps to remove Israel as a permanent
agenda item and ensure integrity in the election of members to such
Council, including a justification for such determination: Provided,
That the Secretary of State shall report to the Committees on
Appropriations not later than September 30, 2023, 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 such
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 not--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) 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) 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) 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) 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) refraining from engaging in operations with financial
institutions or related entities in violation of relevant
United States law, and is taking steps to improve the financial
transparency of the organization; and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is 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 the date of 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 2023 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 shall 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, 2024: 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.
(i) Operations of the United States Mission to the United
Nations.--Section 9(2) of the United Nations Participation Act of 1945
(22 U.S.C. 287e-1(2)) is amended by striking ``30'' and inserting
``41''.
war crimes tribunal
Sec. 7049. Section 705 of the Foreign Relations Authorization Act,
Fiscal Year 2000 and 2001 (22 U.S.C. 7401) is amended by striking
subsection (c) and inserting the following:
``(c) Exemption.--The prohibition under subsection (b) or under any
other provision of law shall not apply with regard to support,
including funding, information, or in-kind support, to the
International Criminal Court to assist with investigations into and
prosecutions related to the Situation in Ukraine or circumstances in
which the Secretary of State determines that it is in the national
security interest of the United States to provide such support to
assist with investigations and prosecutions of genocide, war crimes, or
crimes against humanity: Provided, That none of the funds made
available pursuant to this subsection may be made available for the
purpose of supporting investigations, apprehensions, or prosecutions of
American service members and other United States citizens or nationals,
consistent with the purpose of the American Servicemembers' Protection
Act of 2002 (22 U.S.C. 7421 et seq.), or for the purpose of supporting
investigations, apprehensions, or prosecutions of 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.
``(d) Notification.--The Secretary of State shall notify the
appropriate congressional committees of any amounts provided pursuant
to subsection (c) not later than 15 days before such payment is made.
``(e) Reporting.--Not later than 90 days after the date of the
enactment of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2023, and every 90 days thereafter until
September 30, 2025, the Secretary of State shall submit a report to the
appropriate congressional committees that describes the use of funds
made available pursuant to subsection (c).
``(f) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Relations of the
Senate;
``(B) the Committee on Appropriations of the
Senate;
``(C) the Committee on Foreign Affairs of the House
of Representatives; and
``(D) the Committee on Appropriations of the House
of Representatives.
``(2) International criminal court.--The term
`International Criminal Court' means the court established by
the Rome Statute of the International Criminal Court, adopted
by the United Nations Diplomatic Conference of
Plenipotentiaries on the Establishment of an International
Criminal Court on July 17, 1998.''.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for obligation
during fiscal year 2023 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$87,500,000 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 the date of 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 and 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 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, 2022''.
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.
food security and agricultural development
Sec. 7055. (a) In General.--Of the funds appropriated by title III
of this Act, not less than $1,010,600,000 shall 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) 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.
(c) Global Food Security Partnership Fund.--
(1) Negotiations for establishment.--The Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development and the heads of
other relevant Federal agencies, shall seek to enter into
negotiations with key bilateral, multilateral, philanthropic,
and private sector entities, including the United Nations Rome-
based agencies and the World Bank, and with countries impacted
by food insecurity, for the establishment of the Global Food
Security Partnership Fund.
(2) Purposes.--The purposes of such Global Food Security
Partnership Fund shall be to--
(A) increase funding from all sources to respond to
acute food insecurity and build resilience globally;
(B) improve international coordination; and
(C) transition from short-term emergency
investments toward comprehensive, compact-based
agreements that support country-led strategies to
sustainably address food insecurity.
(3) Consultation.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, shall consult with the Committees on
Appropriations on plans for the establishment of the Global
Food Security Partnership Fund, including identifying which
office at the Department of State will be responsible for
negotiating and participating in such Fund; key donors and
countries to be targeted for negotiations; expected timelines
for such negotiations; and any anticipated challenges to the
establishment of such Fund: Provided, That not later than 180
days after the date of enactment of this Act, the Secretary of
State shall consult with such committees on the status of such
negotiations, including the details enumerated under this
heading in the explanatory statement accompanying this Act.
(d) Market-Based Social Enterprises.--
(1) Assistance.--Of the funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs under title III, not
less than $5,000,000 shall be made available to provide
sustainable, market-based assistance for smallholder farmers
through locally-based social enterprises.
(2) Criteria.--Funds made available pursuant to paragraph
(1) shall be made available to support organizations that--
(A) generate diverse, hybrid financing;
(B) are significantly funded through earned
revenue;
(C) directly serve the world's poorest farmers and
focus primarily on food security; and
(D) demonstrate social impact through clear,
rigorously measured, impact data, including measuring
attributable crop yield increases.
(3) Consultation.--Not later than 90 days after the date of
enactment of this Act, the USAID Administrator shall consult
with the Committees on Appropriations on implementation of this
subsection.
enterprise funds
Sec. 7056. (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.
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 2023, $60,000,000 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,
maternal, 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) In General.--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: Provided,
That of the funds appropriated under the heading ``Global Health
Programs'' in 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.
(b) Pandemics and Other Infectious Disease Outbreaks.--
(1) Global health security.--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 countries to prevent, detect, and respond to
infectious disease outbreaks, including by strengthening public
health capacity where there is a high risk of emerging zoonotic
infectious diseases: Provided, That not later than 60 days
after the date of 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) Financial intermediary fund.--Funds appropriated by
this Act under the heading ``Global Health Programs'' may be
made available for contributions to a financial intermediary
fund for pandemic preparedness and global heath security.
(3) 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.
(4) Emergency reserve fund.--Up to $90,000,000 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.
(5) 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.
(c) Limitation.--Notwithstanding any other provision of law, none
of the funds made available by this Act may be made available to the
Wuhan Institute of Virology located in the City of Wuhan in the
People's Republic of China.
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 are available to implement the Women's
Entrepreneurship and Economic Empowerment Act of 2018 (Public
Law 115-428): Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the Committees
on Appropriations on the implementation of such Act.
(3) Gender equity and equality action fund.--Of the funds
appropriated under title III of this Act, up to $200,000,000
may be made available for the Gender Equity and Equality Action
Fund.
(b) Madeleine K. Albright Women's Leadership Program.--Of the funds
appropriated under title III of this Act, not less than $50,000,000
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:
Provided, That such programs shall hereafter be collectively named the
``Madeleine K. Albright Women's Leadership Program''.
(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.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of
this Act, not less than $693,448,000 shall 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 section 7(a) of Public Law 115-
56 shall be implemented by substituting ``the thirtieth
day of June following'' for ``180 days after''.
(B) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
not less than $175,000,000 shall be made available for
contributions to multilateral partnerships that support
education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $250,000,000 shall 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 the date of
enactment of this Act, the USAID Administrator shall consult
with the Committees on Appropriations on the proposed uses of
funds for such partnerships.
(3) Higher education in countries impacted by economic
crises.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', and in addition to amounts
made available pursuant to paragraph (2), not less than
$35,000,000 shall be made available, notwithstanding any other
provision of law that restricts assistance to foreign
countries, and following consultation with the Committees on
Appropriations, for the following institutions that are
recipients of United States assistance and located in countries
impacted by economic crises--
(A) United States-accredited institutions of higher
education in the Middle East; and
(B) not-for-profit, coeducational American
institutions of higher education in the Middle East and
Asia.
(4) Scholar rescue programs.--Of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia
and Central Asia'', not less than $7,000,000 shall be made
available for scholar rescue programs, including for scholars
from Afghanistan, Burma, Ethiopia, the Russian Federation,
Ukraine, and Yemen: Provided, That the Secretary of State and
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the Committees
on Appropriations on such programs not later than 90 days after
the date of enactment of this Act.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $20,000,000
shall be made available for USAID cooperative development programs and
not less than $31,500,000 shall be made available for the American
Schools and Hospitals Abroad program.
(c) Micro, Small, and Medium-Sized Enterprises.--Of the funds
appropriated by this Act, not less than $265,000,000 shall 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) 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 $126,400,000 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 $97,000,000 shall
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.
(e) Reconciliation Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $25,000,000
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: 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 Center
for Conflict and Violence Prevention, USAID.
(f) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $475,000,000 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 $237,000,000 shall be for programs
in sub-Saharan Africa, and of which not less than $17,000,000 shall be
made available to support initiatives by local communities in
developing countries to build and maintain safe latrines.
(g) Deviation.--
(1) Authority.--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
deviate by up to 10 percent below the minimum funding
requirements designated in sections 7055, 7059, 7060, and 7061
of this Act and similar provisions of law in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, notwithstanding such designations.
(2) Oversight.--Not later than 120 days after the date of
enactment of this Act, and every 120 days thereafter until
September 30, 2024, the Secretary of State shall submit a
report to the Committees on Appropriations on the use, and
planned use, of the authority provided in this subsection:
Provided, That any deviations made pursuant to this subsection
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
environment programs
Sec. 7061. (a) In General.--Of the funds appropriated under title
III of this Act, not less than $1,895,000,000 shall be made available
for environment programs.
(b) 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.
(c) Biodiversity Conservation.--
(1) Funding.--Of the funds appropriated under title III of
this Act, not less than $450,000,000 shall be made available
for biodiversity conservation programs.
(2) Public-private partnerships.--Funds appropriated by
this Act shall be made available to support a new public-
private partnership for conservation to promote the
establishment and long-term management of protected areas in
developing countries: Provided, That such funds may remain
available until September 30, 2025.
(d) Wildlife Poaching and Trafficking.--
(1) Funding.--Not less than $130,000,000 of the funds
appropriated under titles III and IV of this Act shall be made
available to combat the transnational threat of wildlife
poaching and trafficking.
(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.
(e) Tropical Forests.--Funds appropriated by this Act for
biodiversity programs shall not be used to support the expansion of
industrial scale logging, agriculture, livestock production, mining, or
any other industrial scale extractive 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
directors of each international financial institution (IFI) to use the
voice and vote of the United States to oppose any financing of any such
activity.
(f) Large Dams.--The Secretary of the Treasury shall instruct the
United States executive director of each IFI that it is the policy of
the United States to use the voice and vote of the United States, in
relation to any loan, grant, strategy, or policy of such institution,
regarding the construction of any large dam consistent with the
criteria set forth in Senate Report 114-79, while also considering
whether the project involves important foreign policy objectives.
(g) Sustainable Landscapes.--Of the funds appropriated under title
III of this Act, not less than $300,000,000 shall be made available for
sustainable landscapes programs.
(h) Adaptation Programs.--Of the funds appropriated under title III
of this Act, not less than $550,000,000 shall be made available for
adaptation programs, including in support of the implementation of the
Indo-Pacific Strategy.
(i) Clean Energy Programs.--Of the funds appropriated under title
III of this Act, not less than $425,000,000 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.
(j) Multilateral Funds.--Of the funds appropriated by this Act
under title III, not less than $100,000,000 may be made available for
United States contributions to the Adaptation Fund and the Least
Developed Countries Fund.
(k) Ocean Plastics.--Of the funds appropriated under title III of
this Act, not less than $60,000,000 shall be made available for the
purposes enumerated under section 7060(c)(7) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2021 (division K of Public Law 116-260): Provided, That such funds may
only be made available following consultation with the Committees on
Appropriations.
(l) 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 toxic chemicals,
including exposure to lead associated with unsafe disposal or recycling
of lead batteries, cookware, or other sources of lead exposure.
(m) Civil Society Programs.--Of the funds appropriated under title
III of this Act, not less than $20,000,000 shall be made available to
support civil society advocacy organizations in developing countries
that are working to prevent toxic pollutants and other harm to the
environment, and to support such organizations that are working to
prevent the poaching and trafficking of endangered species, as
described under this section in the explanatory statement accompanying
this Act.
(n) National Parks and Protected Areas.--The Secretary of State and
USAID Administrator shall implement the directive regarding law
enforcement in national parks and protected areas as described under
this heading in the explanatory statement accompanying this Act.
budget documents
Sec. 7062. (a) Operating Plans.--Not later than 45 days after the
date of 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 2023, 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) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to the
Committees on Appropriations spend plans as described under
this heading in the explanatory statement accompanying this
Act.
(2) Not later than 90 days after the date of 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.
(3) Notwithstanding paragraph (1), up to 10 percent of the
funds contained in a spend plan required by this subsection may
be obligated prior to the submission of such spend plan if the
Secretary of State, the USAID Administrator, or the Secretary
of the Treasury, as applicable, determines that the obligation
of such funds is necessary to avoid significant programmatic
disruption: Provided, That not less than seven days prior to
such obligation, the Secretary or Administrator, as
appropriate, shall consult with the Committees on
Appropriations on the justification for such obligation and the
proposed uses of such funds.
(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.
reorganization
Sec. 7063. (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 appropriate congressional committees: 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 previously justified to the Committees
on Appropriations for fiscal year 2023.
department of state management
Sec. 7064. (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 that are made available for new service
centers, shall be 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
internships, and select, appoint, employ for not more than 52 weeks
under an excepted service, and remove any such compensated intern
without regard to the provisions of law governing appointments in the
excepted service: Provided, That the Secretary of State shall consult
with the Director of the Office of Personnel Management on
implementation of this authority, including on the number of
individuals to be hired.
(d) Information Technology Platform.--None of the funds
appropriated in title I of this Act under the heading ``Administration
of Foreign Affairs'' may be made available for a new major information
technology investment without the concurrence of the Chief Information
Officer, Department of State.
united states agency for international development management
Sec. 7065. (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, 2024.
(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) Crisis Operations Staffing.--Up to $86,000,000 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 and
section 509(b) of the Global Fragility Act of 2019 (title V of division
J of Public Law 116-94) may be made available for the United States
Agency for International Development to appoint and employ personnel in
the excepted service to prevent or respond to foreign crises and
contexts with growing instability: Provided, That functions carried
out by personnel hired under the authority of this subsection shall be
related to the purpose for which the funds were appropriated: Provided
further, That such funds are in addition to funds otherwise available
for such purposes and may remain attributed to any minimum funding
requirement for which they were originally made available: Provided
further, That the USAID Administrator shall coordinate with the
Director of the Office of Personnel Management and consult with the
Committees on Appropriations on implementation of this provision.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7066. (a) Prevention and Stabilization Fund.--Of the funds
appropriated by this Act under the heading ``Economic Support Fund'',
$75,000,000 shall be made available for the Prevention and
Stabilization Fund 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 may be transferred to, and merged with, funds
appropriated under the headings ``International Narcotics Control and
Law Enforcement'' and ``Foreign Military Financing Program'' for such
purposes: 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 prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That such funds shall only be made available for such purposes
in coastal West Africa, Mozambique, and Papua New Guinea: Provided
further, That funds made available pursuant to this subsection that are
transferred to funds appropriated under the heading ``Foreign Military
Financing Program'' may remain available until September 30, 2024.
(b) Transitional Justice.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $10,000,000
shall be made available for programs to promote accountability for
genocide, crimes against humanity, and war crimes, 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 Ambassador at
Large for the Office of Global Criminal Justice, Department of State,
and shall be subject to prior consultation with the Committees on
Appropriations: Provided further, That funds made available by this
paragraph shall be made available on an open and competitive basis.
debt-for-development
Sec. 7067. 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: Provided, That amounts made
available in this Act under the heading ``Economic Support Fund'' may,
as necessary, be used to cover the cost of interest earned from
holdings of United States Treasury securities.
extension of consular fees and related authorities
Sec. 7068. (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 2023 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 2023 by
substituting ``2020 through 2023'' for ``2020, 2021, and 2022''.
(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 an emergency requirement
pursuant to a concurrent resolution on the budget or 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 2023, the Secretary of State may also
use fees deposited into the Fraud Prevention and Detection Account for
the costs of providing consular services.
(e) Of the amounts deposited in fiscal year 2023 pursuant to
section 7069(e) of division K of the Consolidated Appropriations Act,
2022 (Public Law 117-103), $25,000,000 shall be 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 subsection (b) are designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
rescission
(including rescission of funds)
peace corps
Sec. 7069. 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,
$30,000,000 are rescinded.
management of international transboundary water pollution
Sec. 7070. (a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Commission.--The term ``Commission'' means the United
States section of the International Boundary and Water
Commission.
(3) Covered funds.--The term ``covered funds'' means
amounts made available to the Administrator under the heading
``Environmental Protection Agency--State and Tribal Assistance
Grants'' under title IX of the United States-Mexico Canada
Agreement Implementation Act (Public Law 116-113).
(4) Treatment works.--The term ``treatment works'' has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 2 U.S.C. 1292).
(b) Transfer of Funds.--The Administrator is authorized to transfer
covered funds, by entering into an interagency agreement or by awarding
a grant, to the Commission, with concurrence of the Commissioner, to
support the construction of treatment works, which will be owned and
operated by the Commission.
(c) Use of Funds.--The Commission is authorized to use funds
received under this section to plan, study, design, and construct
treatment works and carry out any related activities, including
construction management and payment for general and administrative
overhead, that--
(1) protect residents within the United States-Mexico
border region from pollution resulting from--
(A) transboundary flows of wastewater, stormwater
or other international transboundary water flows
originating in Mexico; and
(B) any inadequacies or breakdowns of treatment
works in Mexico; and
(2) provide treatment of such flows in compliance with
local, State, and Federal law.
(d) Operation and Maintenance.--The Commission shall operate and
maintain new treatment works in accordance with future appropriations.
(e) Consultation and Coordination.--The Commission shall consult
and coordinate with the Administrator in carrying out any project using
funds received under this section.
(f) Application of Other Requirements.--The requirements of
sections 513 and 608 of the Federal Water Pollution Control Act (33
U.S.C. 1372, 1388) shall apply to the construction of any treatment
works in the United States for which the Commission receives funds
under this section.
(g) Savings Provision.--Nothing in this section shall be construed
to modify, amend, repeal or otherwise limit the authority of the
International Boundary and Water Commission in accordance with the
treaty relating to the utilization of the waters of the Colorado and
Tijuana Rivers and of the Rio Grande (Rio Bravo) from Fort Quitman,
Texas, to the Gulf of Mexico, and supplementary protocol, signed at
Washington February 3, 1944 (59 Stat. 1219), between the United States
and Mexico.
(h) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget are designated as an
emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
waiver authority
Sec. 7071. The President may waive section 414 of Public Law 101-
246 and section 410 of Public Law 103-236 with respect to the United
Nations Educational, Scientific and Cultural Organization 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.
assistance for foreign nongovernmental organizations
Sec. 7072. 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.''.
organization of american states
Sec. 7073. (a) The Secretary of State shall instruct the United
States Permanent Representative to the Organization of American States
(OAS) to use the voice and vote of the United States to: (1) implement
budgetary reforms and efficiencies within the Organization; (2)
eliminate arrears, increase other donor contributions, and impose
penalties for successive late payment of assessments; (3) prevent
programmatic and organizational redundancies and consolidate
duplicative activities and functions; (4) prioritize areas in which the
OAS has expertise, such as strengthening democracy, monitoring
electoral processes, and protecting human rights; and (5) implement
reforms within the Office of the Inspector General (OIG) to ensure the
OIG has the necessary leadership, integrity, professionalism,
independence, policies, and procedures to properly carry out its
responsibilities in a manner that meets or exceeds best practices in
the United States.
(b) Prior to the obligation of funds appropriated by this Act and
made available for an assessed contribution to the Organization of
American States, but not later than 90 days after the date of enactment
of this Act, the Secretary of State shall submit a report to the
Committees on Appropriations on actions taken or planned to be taken
pursuant to subsection (a) that are in addition to actions taken during
the preceding fiscal year, and the results of such actions.
multilateral development banks
Sec. 7074. (a) International Development Association Twentieth
Replenishment.--The International Development Association Act, Public
Law 86-565, as amended (22 U.S.C. 284 et seq.), is further amended by
adding at the end thereof the following new section:
``SEC. 32. TWENTIETH REPLENISHMENT.
``(a) In General.--The United States Governor of the International
Development Association is authorized to contribute on behalf of the
United States $3,500,000,000 to the twentieth replenishment of the
resources of the Association, subject to obtaining the necessary
appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$3,500,000,000 for payment by the Secretary of the Treasury.''.
(b) Asian Development Fund Twelfth Replenishment.--The Asian
Development Bank Act, Public Law 89-369, as amended, (22 U.S.C. 285 et
seq.), is further amended by adding at the end thereof the following
new section:
``SEC. 37. TWELFTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized to
contribute, on behalf of the United States, $177,440,000 to the twelfth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $177,440,000 for payment by the Secretary of
the Treasury.''.
consular notification compliance
Sec. 7075. (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.
TITLE VIII
EMERGENCY GLOBAL HEALTH SECURITY SUPPLEMENTAL APPROPRIATIONS
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for ``Global Health Programs'',
$950,000,000, to remain available until expended, for programs to
strengthen global health security and pandemic preparedness: Provided,
That not less than $400,000,000 shall be apportioned directly to the
United States Agency for International Development, of which
$200,000,000 shall be made available to strengthen the global health
workforce and related health systems capacities: Provided further,
That up to $550,000,000 may be made available for a contribution to a
financial intermediary fund for pandemic preparedness and global health
security: Provided further, That $100,000,000 shall be made available
for a contribution to the Coalition for Epidemic Preparedness
Innovations: Provided further, That not less than $100,000,000 shall
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), which shall be made available under the same terms and
conditions of such section: Provided further, That funds made
available in this title shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
GENERAL PROVISIONS--THIS TITLE
Sec. 8001. Each amount appropriated or made available by this
title is in addition to amounts otherwise appropriated for fiscal year
2023.
Sec. 8002. No part of any appropriation contained in this title
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 8003. Unless otherwise provided for by this title, the
additional amounts appropriated by this title to appropriations
accounts shall be available under the authorities and conditions
applicable to such appropriations accounts for funds appropriated in
fiscal year 2023.
Sec. 8004. Each amount made available by this title is designated
by the Congress as being for an emergency requirement pursuant to
section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
TITLE IX
EMERGENCY CORONAVIRUS RESPONSE SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2022, and for other purposes, namely:
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'', $15,000,000,
to remain available until September 30, 2024, to prevent, prepare for,
and respond to coronavirus.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $35,000,000,
to remain available until September 30, 2024, to prevent, prepare for,
and respond to coronavirus.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for ``Global Health Programs'',
$4,875,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus: Provided, That funds may be made
available as contributions, including to the Global Fund to Fight AIDS,
Tuberculosis, and Malaria, and to The GAVI Alliance: Provided further,
That any contribution to the Global Fund to Fight AIDS, Tuberculosis
and Malaria made pursuant to the preceding proviso shall be made
available notwithstanding section 202(d)(4)(A)(i) of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22
U.S.C. 7622(d)(4)(A)(i)), and such contribution shall not be considered
a contribution for the purpose of applying such section
202(d)(4)(A)(i).
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$75,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, and for humanitarian needs.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Each amount appropriated or made available by this
title is in addition to amounts otherwise appropriated for fiscal year
2022.
Sec. 9002. No part of any appropriation contained in this title
shall remain available for obligation beyond fiscal year 2022 unless
expressly so provided herein.
Sec. 9003. Unless otherwise provided for by this title, the
additional amounts appropriated by this title to appropriations
accounts shall be available under the authorities and conditions
applicable to such appropriations accounts for funds appropriated in
fiscal year 2022.
Sec. 9004. The reporting requirement provided by section 406(b) of
the Coronavirus Preparedness and Response Supplemental Appropriations
Act, 2020 (division A of Public Law 116-123) shall apply to funds
appropriated by this title, except that such section 406(b) shall be
applied to such funds by substituting ``September 30, 2023'' for
``September 30, 2022''.
Sec. 9005. This title shall become effective immediately upon
enactment of this Act.
Sec. 9006. If this Act is enacted after September 30, 2022, this
title shall be applied as if it were in effect on September 30, 2022.
Sec. 9007. Each amount made available by this title is 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.
Sec. 9008. In this title, the term ``coronavirus'' means SARS-CoV-
2 or another coronavirus with pandemic potential.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2023''.
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