II 

117TH CONGRESS 

1ST SESSION S. 3075 

Making appropriations for the Department of State, foreign operations, and 

related programs for the fiscal year ending September 30, 2022, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 26, 2021 

Mr. COONS introduced the following bill; which was read twice and referred 

to the Committee on Appropriations 

A BILL 

Making appropriations for the Department of State, foreign 

operations, and related programs for the fiscal year ending September 30, 2022, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of State, foreign operations, and related pro6 grams for the fiscal year ending September 30, 2022, and 

7 for other purposes, namely: 


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1 TITLE I 

2 DEPARTMENT OF STATE AND RELATED 

3 AGENCY 

4 DEPARTMENT OF STATE

5 ADMINISTRATION OF FOREIGN AFFAIRS

6 DIPLOMATIC PROGRAMS

7 For necessary expenses of the Department of State 

8 and the Foreign Service not otherwise provided for, 

9 $9,040,672,000, of which $812,216,000 may remain avail10 able until September 30, 2023, and of which up to 

11 $3,625,899,000 may remain available until expended for 

12 Worldwide Security Protection: Provided, That funds 

13 made available under this heading shall be allocated in ac14 cordance with paragraphs (1) through (4) as follows: 

15 (1) HUMAN RESOURCES.—For necessary ex16 penses for training, human resources management, 

17 and salaries, including employment without regard 

18 to civil service and classification laws of persons on 

19 a temporary basis (not to exceed $700,000), as au20 thorized by section 801 of the United States Infor21 mation and Educational Exchange Act of 1948 (62 

22 Stat. 11; Chapter 36), $3,216,871,000, of which up 

23 to $661,240,000 is for Worldwide Security Protec24 tion. 


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1 (2) OVERSEAS PROGRAMS.—For necessary ex2 penses for the regional bureaus of the Department 

3 of State and overseas activities as authorized by law, 

4 $1,791,425,000. 

5 (3) DIPLOMATIC POLICY AND SUPPORT.—For 

6 necessary expenses for the functional bureaus of the 

7 Department of State, including representation to 

8 certain international organizations in which the 

9 United States participates pursuant to treaties rati10 fied pursuant to the advice and consent of the Sen11 ate or specific Acts of Congress, general administra12 tion, and arms control, nonproliferation, and disar13 mament activities as authorized, $1,018,951,000. 

14 (4) SECURITY PROGRAMS.—For necessary ex15 penses for security activities, $3,013,425,000, of 

16 which up to $2,964,659,000 is for Worldwide Secu17 rity Protection. 

18 (5) FEES AND PAYMENTS COLLECTED.—In ad19 dition to amounts otherwise made available under 

20 this heading— 

21 (A) as authorized by section 810 of the 

22 United States Information and Educational Ex23 change Act, not to exceed $5,000,000, to re24 main available until expended, may be credited 

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1 ments received from English teaching, library, 

2 motion pictures, and publication programs and 

3 from fees from educational advising and coun4 seling and exchange visitor programs; and 

5 (B) not to exceed $15,000, which shall be 

6 derived from reimbursements, surcharges, and 

7 fees for use of Blair House facilities. 

8 (6) TRANSFER OF FUNDS, REPROGRAMMING, 

9 AND OTHER MATTERS.— 

10 (A) Notwithstanding any other provision of 

11 this Act, funds may be reprogrammed within 

12 and between paragraphs (1) through (4) under 

13 this heading subject to section 7015 of this Act. 

14 (B) Of the amount made available under 

15 this heading for Worldwide Security Protection, 

16 not to exceed $50,000,000 may be transferred 

17 to, and merged with, funds made available by 

18 this Act under the heading ‘‘Emergencies in the 

19 Diplomatic and Consular Service’’, to be avail20 able only for emergency evacuations and re21 wards, as authorized: Provided, That the exer22 cise of the authority provided by this subpara23 graph shall be subject to prior consultation with 

24 the Committees on Appropriations. 


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1 (C) Funds appropriated under this heading 

2 are available for acquisition by exchange or pur3 chase of passenger motor vehicles as authorized 

4 by law and, pursuant to section 1108(g) of title 

5 31, United States Code, for the field examina6 tion of programs and activities in the United 

7 States funded from any account contained in 

8 this title. 

9 (D) Funds appropriated under this head10 ing shall be made available for the following 

11 purposes and as specified under this heading in 

12 the explanatory statement accompanying this 

13 Act— 

14 (i) to establish and support the activi15 ties of an Ambassador-at-Large for the 

16 Arctic Region; and 

17 (ii) to implement the Arctic Indige18 nous Exchange Program. 

19 CAPITAL INVESTMENT FUND

20 For necessary expenses of the Capital Investment 

21 Fund, as authorized, $448,880,000, to remain available 

22 until expended. 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector 

25 General, $91,458,000, of which $13,718,000 may remain 


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1 available until September 30, 2023: Provided, That funds 

2 appropriated under this heading are made available not3 withstanding section 209(a)(1) of the Foreign Service Act 

4 of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post in5 spections. 

6 In addition, for the Special Inspector General for Af7 ghanistan Reconstruction (SIGAR) for reconstruction 

8 oversight, $46,000,000, to remain available until Sep9 tember 30, 2023: Provided, That funds appropriated 

10 under this heading that are made available for the print11 ing and reproduction costs of SIGAR shall not exceed 

12 amounts for such costs during the prior fiscal year. 

13 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

14 For necessary expenses of educational and cultural 

15 exchange programs, as authorized, $748,961,000, to re16 main available until expended, of which not less than 

17 $275,000,000 shall be for the Fulbright Program and not 

18 less than $113,340,000 shall be for Citizen Exchange Pro19 gram: Provided, That fees or other payments received 

20 from, or in connection with, English teaching, educational 

21 advising and counseling programs, and exchange visitor 

22 programs as authorized may be credited to this account, 

23 to remain available until expended: Provided further, That 

24 a portion of the Fulbright awards from the Eurasia and 

25 Central Asia regions shall be designated as Edmund S. 


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1 Muskie Fellowships, following consultation with the Com2 mittees on Appropriations: Provided further, That funds 

3 appropriated under this heading that are made available 

4 for the Benjamin Gilman International Scholarships Pro5 gram shall also be made available for the John S. McCain 

6 Scholars Program, pursuant to section 7075 of the De7 partment of State, Foreign Operations, and Related Pro8 grams Appropriations Act, 2019 (division F of Public Law 

9 116–6): Provided further, That funds appropriated under 

10 this heading shall be made available for the Community 

11 Engagement Exchange Program as described under the 

12 heading ‘‘Civil Society Exchange Program’’ in Senate Re13 port 116–126: Provided further, That any substantive 

14 modifications from the prior fiscal year to programs fund15 ed by this Act under this heading shall be subject to prior 

16 consultation with, and the regular notification procedures 

17 of, the Committees on Appropriations: Provided further, 

18 That of the amount made available under this heading, 

19 not to exceed $1,000,000 may be used to make grants to 

20 carry out the activities of the Cultural Antiquities Task 

21 Force. 

22 REPRESENTATION EXPENSES

23 For representation expenses as authorized, 

24 $7,415,000. 


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1 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

2 For necessary expenses, not otherwise provided, to 

3 enable the Secretary of State to provide for extraordinary 

4 protective services, as authorized, $30,890,000, to remain 

5 available until September 30, 2023. 

6 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

7 For necessary expenses for carrying out the Foreign 

8 Service Buildings Act of 1926 (22 U.S.C. 292 et seq.), 

9 preserving, maintaining, repairing, and planning for real 

10 property that are owned or leased by the Department of 

11 State, and renovating, in addition to funds otherwise avail12 able, the Harry S Truman Building, $850,772,000, to re13 main available until September 30, 2026, of which not to 

14 exceed $25,000 may be used for overseas representation 

15 expenses as authorized: Provided, That none of the funds 

16 appropriated in this paragraph shall be available for acqui17 sition of furniture, furnishings, or generators for other de18 partments and agencies of the United States Government. 

19 In addition, for the costs of worldwide security up20 grades, acquisition, and construction as authorized, 

21 $1,132,427,000, to remain available until expended. 

22 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

23 SERVICE

24 For necessary expenses to enable the Secretary of 

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1 matic and Consular Service, as authorized, $8,885,000, to 

2 remain available until expended, of which not to exceed 

3 $1,000,000 may be transferred to, and merged with, funds 

4 appropriated by this Act under the heading ‘‘Repatriation 

5 Loans Program Account’’: Provided, That funds trans6 ferred pursuant to the eleventh proviso under the heading 

7 ‘‘Diplomatic and Consular Programs’’ in the Department 

8 of State, Foreign Operations, and Related Programs Ap9 propriations Act, 2008 (title I of division J of Public Law 

10 110–161) in this and prior fiscal years may be used for 

11 expenses of rewards programs. 

12 REPATRIATION LOANS PROGRAM ACCOUNT

13 For the cost of direct loans, $1,300,000, as author14 ized: Provided, That such costs, including the cost of 

15 modifying such loans, shall be as defined in section 502 

16 of the Congressional Budget Act of 1974: Provided fur17 ther, That such funds are available to subsidize gross obli18 gations for the principal amount of direct loans not to ex19 ceed $4,937,742. 

20 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

21 For necessary expenses to carry out the Taiwan Rela22 tions Act (Public Law 96–8), $32,583,000. 


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1 INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF

2 COLUMBIA

3 Not to exceed $1,806,600 shall be derived from fees 

4 collected from other executive agencies for lease or use of 

5 facilities at the International Center in accordance with 

6 section 4 of the International Center Act (Public Law 90– 

7 553), and, in addition, as authorized by section 5 of such 

8 Act, $743,000, to be derived from the reserve authorized 

9 by such section, to be used for the purposes set out in 

10 that section. 

11 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

12 DISABILITY FUND

13 For payment to the Foreign Service Retirement and 

14 Disability Fund, as authorized, $158,900,000. 

15 INTERNATIONAL ORGANIZATIONS

16 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

17 For necessary expenses, not otherwise provided for, 

18 to meet annual obligations of membership in international 

19 multilateral organizations, pursuant to treaties ratified 

20 pursuant to the advice and consent of the Senate, conven21 tions, or specific Acts of Congress, $1,662,928,000, of 

22 which $96,240,000 may remain available until September 

23 30, 2023: Provided, That the Secretary of State shall, at 

24 the time of the submission of the President’s budget to 

25 Congress under section 1105(a) of title 31, United States 


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1 Code, transmit to the Committees on Appropriations the 

2 most recent biennial budget prepared by the United Na3 tions for the operations of the United Nations: Provided 

4 further, That the Secretary of State shall notify the Com5 mittees on Appropriations at least 15 days in advance (or 

6 in an emergency, as far in advance as is practicable) of 

7 any United Nations action to increase funding for any 

8 United Nations program without identifying an offsetting 

9 decrease elsewhere in the United Nations budget: Provided 

10 further, That any payment of arrearages under this head11 ing shall be directed to activities that are mutually agreed 

12 upon by the United States and the respective international 

13 organization and shall be subject to prior consultation 

14 with the Committees on Appropriations: Provided further, 

15 That none of the funds appropriated under this heading 

16 shall be available for a United States contribution to an 

17 international organization for the United States share of 

18 interest costs made known to the United States Govern19 ment by such organization for loans incurred on or after 

20 October 1, 1984, through external borrowings. 

21 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

22 ACTIVITIES

23 For necessary expenses to pay assessed and other ex24 penses of international peacekeeping activities directed to 

25 the maintenance or restoration of international peace and 


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1 security, $1,828,614,000, of which $914,307,000 may re2 main available until September 30, 2023: Provided, That 

3 none of the funds made available by this Act shall be obli4 gated or expended for any new or expanded United Na5 tions peacekeeping mission unless, at least 15 days in ad6 vance of voting for such mission in the United Nations 

7 Security Council (or in an emergency as far in advance 

8 as is practicable), the Committees on Appropriations are 

9 notified of: (1) the estimated cost and duration of the mis10 sion, the objectives of the mission, the national interest 

11 that will be served, and the exit strategy; and (2) the 

12 sources of funds, including any reprogrammings or trans13 fers, that will be used to pay the cost of the new or ex14 panded mission, and the estimated cost in future fiscal 

15 years: Provided further, That none of the funds appro16 priated under this heading may be made available for obli17 gation unless the Secretary of State certifies and reports 

18 to the Committees on Appropriations on a peacekeeping 

19 mission-by-mission basis that the United Nations is imple20 menting effective policies and procedures to prevent 

21 United Nations employees, contractor personnel, and 

22 peacekeeping troops serving in such mission from traf23 ficking in persons, exploiting victims of trafficking, or 

24 committing acts of sexual exploitation and abuse or other 

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1 viduals who engage in such acts while participating in 

2 such mission, including prosecution in their home coun3 tries and making information about such prosecutions 

4 publicly available on the website of the United Nations: 

5 Provided further, That the Secretary of State shall work 

6 with the United Nations and foreign governments contrib7 uting peacekeeping troops to implement effective vetting 

8 procedures to ensure that such troops have not violated 

9 human rights: Provided further, That funds shall be avail10 able for peacekeeping expenses unless the Secretary of 

11 State determines that United States manufacturers and 

12 suppliers are not being given opportunities to provide 

13 equipment, services, and material for United Nations 

14 peacekeeping activities equal to those being given to for15 eign manufacturers and suppliers: Provided further, That 

16 none of the funds appropriated or otherwise made avail17 able under this heading may be used for any United Na18 tions peacekeeping mission that will involve United States 

19 Armed Forces under the command or operational control 

20 of a foreign national, unless the President’s military advi21 sors have submitted to the President a recommendation 

22 that such involvement is in the national interest of the 

23 United States and the President has submitted to Con24 gress such a recommendation: Provided further, That any 

25 payment of arrearages with funds appropriated by this Act 


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1 shall be subject to prior consultation with the Committees 

2 on Appropriations: Provided further, That such funds may 

3 be made available above the amount authorized in section 

4 404(b)(2) of the Foreign Relations Authorization Act, Fis5 cal Years 1994 and 1995, as amended (22 U.S.C. 287e 

6 note): Provided further, That notwithstanding any other 

7 provision of law, funds appropriated or otherwise made 

8 available under this heading shall be available for United 

9 States assessed contributions up to the amount specified 

10 in the Annex accompanying United Nations General As11 sembly Document 64/220. 

12 INTERNATIONAL COMMISSIONS

13 For necessary expenses, not otherwise provided for, 

14 to meet obligations of the United States arising under 

15 treaties, or specific Acts of Congress, as follows: 

16 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

17 UNITED STATES AND MEXICO

18 For necessary expenses for the United States Section 

19 of the International Boundary and Water Commission, 

20 United States and Mexico, and to comply with laws appli21 cable to the United States Section, including not to exceed 

22 $6,000 for representation expenses; as follows: 


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1 SALARIES AND EXPENSES

2 For salaries and expenses, not otherwise provided for, 

3 $52,220,000, of which $7,833,000 may remain available 

4 until September 30, 2023. 

5 CONSTRUCTION

6 For detailed plan preparation and construction of au7 thorized projects, $51,300,000, to remain available until 

8 expended, as authorized: Provided, That of the funds ap9 propriated under this heading in this Act and prior Acts 

10 making appropriations for the Department of State, for11 eign operations, and related programs for the United 

12 States Section, except for funds designated by the Con13 gress as an emergency requirement pursuant to a concur14 rent resolution on the budget or the Balanced Budget and 

15 Emergency Deficit Control Act of 1985, up to $5,000,000 

16 may be transferred to, and merged with, funds appro17 priated under the heading ‘‘Salaries and Expenses’’ to 

18 carry out the purposes of the United States Section, which 

19 shall be subject to prior consultation with, and the regular 

20 notification procedures of, the Committees on Appropria21 tions: Provided further, That such transfer authority is in 

22 addition to any other transfer authority provided in this 

23 Act. 


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1 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

2 For necessary expenses, not otherwise provided, for 

3 the International Joint Commission and the International 

4 Boundary Commission, United States and Canada, as au5 thorized by treaties between the United States and Can6 ada or Great Britain, and for technical assistance grants 

7 and the Community Assistance Program of the North 

8 American Development Bank, $15,008,000: Provided, 

9 That of the amount provided under this heading for the 

10 International Joint Commission, up to $1,250,000 may re11 main available until September 30, 2023, and up to 

12 $9,000 may be made available for representation expenses: 

13 Provided further, That of the amount provided under this 

14 heading for the International Boundary Commission, up 

15 to $1,000 may be made available for representation ex16 penses. 

17 INTERNATIONAL FISHERIES COMMISSIONS

18 For necessary expenses for international fisheries 

19 commissions, not otherwise provided for, as authorized by 

20 law, $62,846,000: Provided, That the United States share 

21 of such expenses may be advanced to the respective com22 missions pursuant to section 3324 of title 31, United 

23 States Code. 


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1 RELATED AGENCY 

2 UNITED STATES AGENCY FOR GLOBAL MEDIA 

3 INTERNATIONAL BROADCASTING OPERATIONS

4 For necessary expenses to enable the United States 

5 Agency for Global Media (USAGM), as authorized, to 

6 carry out international communication activities, and to 

7 make and supervise grants for radio, Internet, and tele8 vision broadcasting to the Middle East, $870,696,000: 

9 Provided, That in addition to amounts otherwise available 

10 for such purposes, up to $45,708,000 of the amount ap11 propriated under this heading may remain available until 

12 expended for satellite transmissions and Internet freedom 

13 programs, of which not less than $25,000,000 shall be for 

14 Internet freedom programs: Provided further, That of the 

15 total amount appropriated under this heading, not to ex16 ceed $35,000 may be used for representation expenses, of 

17 which $10,000 may be used for such expenses within the 

18 United States as authorized, and not to exceed $30,000 

19 may be used for representation expenses of Radio Free 

20 Europe/Radio Liberty: Provided further, That funds ap21 propriated under this heading shall be allocated in accord22 ance with the table included under this heading in the ex23 planatory statement accompanying this Act: Provided fur24 ther, That notwithstanding the previous proviso, funds 

25 may be reprogrammed within and between amounts desVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 ignated in such table, subject to the regular notification 

2 procedures of the Committees on Appropriations, except 

3 that no such reprogramming may reduce a designated 

4 amount by more than 5 percent: Provided further, That 

5 funds appropriated under this heading shall be made avail6 able in accordance with the principles and standards set 

7 forth in section 303(a) and (b) of the United States Inter8 national Broadcasting Act of 1994 (22 U.S.C. 6202) and 

9 section 305(b) of such Act (22 U.S.C. 6204): Provided fur10 ther, That the USAGM Chief Executive Officer shall no11 tify the Committees on Appropriations within 15 days of 

12 any determination by the USAGM that any of its broad13 cast entities, including its grantee organizations, provides 

14 an open platform for international terrorists or those who 

15 support international terrorism, or is in violation of the 

16 principles and standards set forth in section 303(a) and 

17 (b) of such Act or the entity’s journalistic code of ethics: 

18 Provided further, That in addition to funds made available 

19 under this heading, and notwithstanding any other provi20 sion of law, up to $5,000,000 in receipts from advertising 

21 and revenue from business ventures, up to $500,000 in 

22 receipts from cooperating international organizations, and 

23 up to $1,000,000 in receipts from privatization efforts of 

24 the Voice of America and the International Broadcasting 

25 Bureau, shall remain available until expended for carrying 


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1 out authorized purposes: Provided further, That signifi2 cant modifications to USAGM broadcast hours previously 

3 justified to Congress, including changes to transmission 

4 platforms (shortwave, medium wave, satellite, Internet, 

5 and television), for all USAGM language services shall be 

6 subject to the regular notification procedures of the Com7 mittees on Appropriations. 

8 BROADCASTING CAPITAL IMPROVEMENTS

9 For the purchase, rent, construction, repair, preser10 vation, and improvement of facilities for radio, television, 

11 and digital transmission and reception; the purchase, rent, 

12 and installation of necessary equipment for radio, tele13 vision, and digital transmission and reception, including 

14 to Cuba, as authorized; and physical security worldwide, 

15 in addition to amounts otherwise available for such pur16 poses, $14,700,000, to remain available until expended, as 

17 authorized. 

18 RELATED PROGRAMS 

19 THE ASIA FOUNDATION

20 For a grant to The Asia Foundation, as authorized 

21 by The Asia Foundation Act (22 U.S.C. 4402), 

22 $21,500,000, to remain available until expended: Pro23 vided, That funds appropriated under this heading shall 

24 be apportioned and obligated to the Foundation not later 

25 than 60 days after enactment of this Act. 


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1 UNITED STATES INSTITUTE OF PEACE

2 For necessary expenses of the United States Institute 

3 of Peace, as authorized by the United States Institute of 

4 Peace Act (22 U.S.C. 4601 et seq.), $54,000,000, to re5 main available until September 30, 2023, which shall not 

6 be used for construction activities. 

7 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

8 TRUST FUND

9 For necessary expenses of the Center for Middle 

10 Eastern-Western Dialogue Trust Fund, as authorized by 

11 section 633 of the Departments of Commerce, Justice, and 

12 State, the Judiciary, and Related Agencies Appropriations 

13 Act, 2004 (22 U.S.C. 2078), the total amount of the inter14 est and earnings accruing to such Fund on or before Sep15 tember 30, 2022, to remain available until expended. 

16 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

17 For necessary expenses of Eisenhower Exchange Fel18 lowships, Incorporated, as authorized by sections 4 and 

19 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 

20 U.S.C. 5204–5205), all interest and earnings accruing to 

21 the Eisenhower Exchange Fellowship Program Trust 

22 Fund on or before September 30, 2022, to remain avail23 able until expended: Provided, That none of the funds ap24 propriated herein shall be used to pay any salary or other 

25 compensation, or to enter into any contract providing for 


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1 the payment thereof, in excess of the rate authorized by 

2 section 5376 of title 5, United States Code; or for pur3 poses which are not in accordance with section 200 of title 

4 2 of the Code of Federal Regulations, including the re5 strictions on compensation for personal services. 

6 ISRAELI ARAB SCHOLARSHIP PROGRAM

7 For necessary expenses of the Israeli Arab Scholar8 ship Program, as authorized by section 214 of the Foreign 

9 Relations Authorization Act, Fiscal Years 1992 and 1993 

10 (22 U.S.C. 2452 note), all interest and earnings accruing 

11 to the Israeli Arab Scholarship Fund on or before Sep12 tember 30, 2022, to remain available until expended. 

13 EAST-WEST CENTER

14 To enable the Secretary of State to provide for car15 rying out the provisions of the Center for Cultural and 

16 Technical Interchange Between East and West Act of 

17 1960, by grant to the Center for Cultural and Technical 

18 Interchange Between East and West in the State of Ha19 waii, $19,700,000. 

20 NATIONAL ENDOWMENT FOR DEMOCRACY

21 For grants made by the Department of State to the 

22 National Endowment for Democracy, as authorized by the 

23 National Endowment for Democracy Act (22 U.S.C. 

24 4412), $305,000,000, to remain available until expended: 

25 Provided, That the requirements of section 7063(a) of this 


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1 Act shall not apply to funds made available under this 

2 heading. 

3 OTHER COMMISSIONS 

4 COMMISSION FOR THE PRESERVATION OF AMERICA’S

5 HERITAGE ABROAD

6 SALARIES AND EXPENSES

7 For necessary expenses for the Commission for the 

8 Preservation of America’s Heritage Abroad, $642,000, as 

9 authorized by chapter 3123 of title 54, United States 

10 Code: Provided, That the Commission may procure tem11 porary, intermittent, and other services notwithstanding 

12 paragraph (3) of section 312304(b) of such chapter: Pro13 vided further, That such authority shall terminate on Oc14 tober 1, 2022: Provided further, That the Commission 

15 shall notify the Committees on Appropriations prior to ex16 ercising such authority. 

17 UNITED STATES COMMISSION ON INTERNATIONAL

18 RELIGIOUS FREEDOM

19 SALARIES AND EXPENSES

20 For necessary expenses for the United States Com21 mission on International Religious Freedom, as authorized 

22 by title II of the International Religious Freedom Act of 

23 1998 (22 U.S.C. 6431 et seq.), $4,500,000, to remain 

24 available until September 30, 2023, including not more 

25 than $4,000 for representation expenses: Provided, That 


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1 of the funds appropriated under this heading, $1,000,000 

2 shall be subject to prior consultation with, and the regular 

3 notification procedures of, the Committees on Appropria4 tions: Provided further, That the United States Commis5 sion on International Religious Freedom shall include in 

6 its Annual Report the actions taken and planned to be 

7 taken to report on, and advocate against, laws and policies 

8 of foreign governments that permit or condone discrimina9 tion against, or violations of human rights of, minority 

10 groups and other vulnerable communities on the basis of 

11 religion, in accordance with the explanatory statement ac12 companying this Act. 

13 COMMISSION ON SECURITY AND COOPERATION IN

14 EUROPE

15 SALARIES AND EXPENSES

16 For necessary expenses of the Commission on Secu17 rity and Cooperation in Europe, as authorized by Public 

18 Law 94–304 (22 U.S.C. 3001 et seq.), $2,908,000, includ19 ing not more than $5,000 for representation expenses, to 

20 remain available until September 30, 2023. 

21 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

22 PEOPLE’S REPUBLIC OF CHINA

23 SALARIES AND EXPENSES

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1 thorized by title III of the U.S.-China Relations Act of 

2 2000 (22 U.S.C. 6911 et seq.), $2,250,000, including not 

3 more than $3,000 for representation expenses, to remain 

4 available until September 30, 2023. 

5 UNITED STATES-CHINA ECONOMIC AND SECURITY

6 REVIEW COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the United States-China 

9 Economic and Security Review Commission, as authorized 

10 by section 1238 of the Floyd D. Spence National Defense 

11 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 

12 $4,000,000, including not more than $4,000 for represen13 tation expenses, to remain available until September 30, 

14 2023: Provided, That the authorities, requirements, limi15 tations, and conditions contained in the second through 

16 sixth provisos under this heading in the Department of 

17 State, Foreign Operations, and Related Programs Appro18 priations Act, 2010 (division F of Public Law 111–117) 

19 shall continue in effect during fiscal year 2022 and shall 

20 apply to funds appropriated under this heading. 


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1 TITLE II 

2 UNITED STATES AGENCY FOR INTERNATIONAL 

3 DEVELOPMENT 

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 OPERATING EXPENSES

6 For necessary expenses to carry out the provisions 

7 of section 667 of the Foreign Assistance Act of 1961, 

8 $1,635,947,000, of which up to $245,392,000 may remain 

9 available until September 30, 2023: Provided, That none 

10 of the funds appropriated under this heading and under 

11 the heading ‘‘Capital Investment Fund’’ in this title may 

12 be made available to finance the construction (including 

13 architect and engineering services), purchase, or long-term 

14 lease of offices for use by the United States Agency for 

15 International Development, unless the USAID Adminis16 trator has identified such proposed use of funds in a re17 port submitted to the Committees on Appropriations at 

18 least 15 days prior to the obligation of funds for such pur19 poses: Provided further, That contracts or agreements en20 tered into with funds appropriated under this heading may 

21 entail commitments for the expenditure of such funds 

22 through the following fiscal year: Provided further, That 

23 the authority of sections 610 and 109 of the Foreign As24 sistance Act of 1961 may be exercised by the Secretary 

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1 ter 1 of part I of such Act to ‘‘Operating Expenses’’ in 

2 accordance with the provisions of those sections: Provided 

3 further, That of the funds appropriated or made available 

4 under this heading, not to exceed $250,000 may be avail5 able for representation and entertainment expenses, of 

6 which not to exceed $5,000 may be available for entertain7 ment expenses, and not to exceed $100,500 shall be for 

8 official residence expenses, for USAID during the current 

9 fiscal year. 

10 CAPITAL INVESTMENT FUND

11 For necessary expenses for overseas construction and 

12 related costs, and for the procurement and enhancement 

13 of information technology and related capital investments, 

14 pursuant to section 667 of the Foreign Assistance Act of 

15 1961, $258,200,000, to remain available until expended: 

16 Provided, That this amount is in addition to funds other17 wise available for such purposes: Provided further, That 

18 funds appropriated under this heading shall be available 

19 subject to the regular notification procedures of the Com20 mittees on Appropriations. 

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses to carry out the provisions 

23 of section 667 of the Foreign Assistance Act of 1961, 

24 $82,200,000, of which up to $12,330,000 may remain 

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1 spector General of the United States Agency for Inter2 national Development: Provided, That of the funds appro3 priated under this heading, up to $10,000 may be avail4 able for representation expenses. 


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1 TITLE III 

2 BILATERAL ECONOMIC ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 For necessary expenses to enable the President to 

5 carry out the provisions of the Foreign Assistance Act of 

6 1961, and for other purposes, as follows: 

7 GLOBAL HEALTH PROGRAMS

8 For necessary expenses to carry out the provisions 

9 of chapters 1 and 10 of part I of the Foreign Assistance 

10 Act of 1961, for global health activities, in addition to 

11 funds otherwise available for such purposes, 

12 $4,423,950,000, to remain available until September 30, 

13 2023, and which shall be apportioned directly to the 

14 United States Agency for International Development: Pro15 vided, That this amount shall be made available for train16 ing, equipment, and technical assistance to build the ca17 pacity of public health institutions and organizations in 

18 developing countries, and for such activities as: (1) child 

19 survival and maternal health programs; (2) immunization 

20 and oral rehydration programs; (3) other health, nutrition, 

21 water and sanitation programs which directly address the 

22 needs of mothers and children, and related education pro23 grams; (4) assistance for children displaced or orphaned 

24 by causes other than AIDS; (5) programs for the preven25 tion, treatment, control of, and research on HIV/AIDS, 


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1 tuberculosis, polio, malaria, and other infectious diseases 

2 including neglected tropical diseases, and for assistance to 

3 communities severely affected by HIV/AIDS, including 

4 children infected or affected by AIDS; (6) disaster pre5 paredness training for health crises; (7) programs to pre6 vent, prepare for, and respond to unanticipated and 

7 emerging global health threats, including zoonotic dis8 eases; and (8) family planning/reproductive health: Pro9 vided further, That funds appropriated under this para10 graph may be made available for United States contribu11 tions to The GAVI Alliance and to a multilateral vaccine 

12 development partnership to support epidemic prepared13 ness: Provided further, That none of the funds made avail14 able by this Act nor any unobligated balances from prior 

15 appropriations Acts may be made available to any organi16 zation or program which, as determined by the President, 

17 directly supports or participates in the management of a 

18 program of coercive abortion or involuntary sterilization: 

19 Provided further, That any determination made under the 

20 previous proviso must be made not later than 6 months 

21 after the date of enactment of this Act, and must be ac22 companied by the evidence and criteria utilized to make 

23 the determination: Provided further, That none of the 

24 funds made available under this Act may be used to pay 

25 for the performance of abortion as a method of family 


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1 planning or to motivate or coerce any person to practice 

2 abortions: Provided further, That nothing in this para3 graph shall be construed to alter any existing statutory 

4 prohibitions against abortion under section 104 of the 

5 Foreign Assistance Act of 1961: Provided further, That 

6 none of the funds made available under this Act may be 

7 used to lobby for or against abortion: Provided further, 

8 That in order to reduce reliance on abortion in developing 

9 nations, funds shall be available only to voluntary family 

10 planning projects which offer, either directly or through 

11 referral to, or information about access to, a broad range 

12 of family planning methods and services, and that any 

13 such voluntary family planning project shall meet the fol14 lowing requirements: (1) service providers or referral 

15 agents in the project shall not implement or be subject 

16 to quotas, or other numerical targets, of total number of 

17 births, number of family planning acceptors, or acceptors 

18 of a particular method of family planning (this provision 

19 shall not be construed to include the use of quantitative 

20 estimates or indicators for budgeting and planning pur21 poses); (2) the project shall not include payment of incen22 tives, bribes, gratuities, or financial reward to: (A) an indi23 vidual in exchange for becoming a family planning accep24 tor; or (B) program personnel for achieving a numerical 

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1 ily planning acceptors, or acceptors of a particular method 

2 of family planning; (3) the project shall not deny any right 

3 or benefit, including the right of access to participate in 

4 any program of general welfare or the right of access to 

5 health care, as a consequence of any individual’s decision 

6 not to accept family planning services; (4) the project shall 

7 provide family planning acceptors comprehensible infor8 mation on the health benefits and risks of the method cho9 sen, including those conditions that might render the use 

10 of the method inadvisable and those adverse side effects 

11 known to be consequent to the use of the method; and 

12 (5) the project shall ensure that experimental contracep13 tive drugs and devices and medical procedures are pro14 vided only in the context of a scientific study in which 

15 participants are advised of potential risks and benefits; 

16 and, not less than 60 days after the date on which the 

17 USAID Administrator determines that there has been a 

18 violation of the requirements contained in paragraph (1), 

19 (2), (3), or (5) of this proviso, or a pattern or practice 

20 of violations of the requirements contained in paragraph 

21 (4) of this proviso, the Administrator shall submit to the 

22 Committees on Appropriations a report containing a de23 scription of such violation and the corrective action taken 

24 by the Agency: Provided further, That in awarding grants 

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1 eign Assistance Act of 1961 no applicant shall be discrimi2 nated against because of such applicant’s religious or con3 scientious commitment to offer only natural family plan4 ning; and, additionally, all such applicants shall comply 

5 with the requirements of the previous proviso: Provided 

6 further, That for purposes of this or any other Act author7 izing or appropriating funds for the Department of State, 

8 foreign operations, and related programs, the term ‘‘moti9 vate’’, as it relates to family planning assistance, shall not 

10 be construed to prohibit the provision, consistent with 

11 local law, of information or counseling about all pregnancy 

12 options: Provided further, That information provided 

13 about the use of condoms as part of projects or activities 

14 that are funded from amounts appropriated by this Act 

15 shall be medically accurate and shall include the public 

16 health benefits and failure rates of such use. 

17 In addition, for necessary expenses to carry out the 

18 provisions of the Foreign Assistance Act of 1961 for the 

19 prevention, treatment, and control of, and research on, 

20 HIV/AIDS, $5,930,000,000, to remain available until 

21 September 30, 2026, which shall be apportioned directly 

22 to the Department of State: Provided, That funds appro23 priated under this paragraph may be made available, not24 withstanding any other provision of law, except for the 

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1 culosis, and Malaria Act of 2003 (Public Law 108–25), 

2 for a United States contribution to the Global Fund to 

3 Fight AIDS, Tuberculosis and Malaria (Global Fund): 

4 Provided further, That the amount of such contribution 

5 shall be $1,560,000,000: Provided further, That up to 5 

6 percent of the aggregate amount of funds made available 

7 to the Global Fund in fiscal year 2022 may be made avail8 able to USAID for technical assistance related to the ac9 tivities of the Global Fund, subject to the regular notifica10 tion procedures of the Committees on Appropriations: Pro11 vided further, That of the funds appropriated under this 

12 paragraph, up to $17,000,000 may be made available, in 

13 addition to amounts otherwise available for such purposes, 

14 for administrative expenses of the Office of the United 

15 States Global AIDS Coordinator. 

16 DEVELOPMENT ASSISTANCE

17 For necessary expenses to carry out the provisions 

18 of sections 103, 105, 106, 214, and sections 251 through 

19 255, and chapter 10 of part I of the Foreign Assistance 

20 Act of 1961, $4,075,097,000, to remain available until 

21 September 30, 2023: Provided, That funds made available 

22 under this heading shall be apportioned directly to the 

23 United States Agency for International Development. 


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1 INTERNATIONAL DISASTER ASSISTANCE

2 For necessary expenses to carry out the provisions 

3 of section 491 of the Foreign Assistance Act of 1961 for 

4 international disaster relief, rehabilitation, and recon5 struction assistance, $4,682,362,000, to remain available 

6 until expended: Provided, That funds made available 

7 under this heading shall be apportioned directly to the 

8 United States Agency for International Development. 

9 TRANSITION INITIATIVES

10 For necessary expenses for international disaster re11 habilitation and reconstruction assistance administered by 

12 the Office of Transition Initiatives, United States Agency 

13 for International Development, pursuant to section 491 of 

14 the Foreign Assistance Act of 1961, and to support transi15 tion to democracy and long-term development of countries 

16 in crisis, $107,043,000, to remain available until ex17 pended: Provided, That such support may include assist18 ance to develop, strengthen, or preserve democratic insti19 tutions and processes, revitalize basic infrastructure, and 

20 foster the peaceful resolution of conflict: Provided further, 

21 That the USAID Administrator shall submit a report to 

22 the Committees on Appropriations at least 5 days prior 

23 to beginning a new, or terminating a, program of assist24 ance: Provided further, That if the Secretary of State de25 termines that it is important to the national interest of 


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1 the United States to provide transition assistance in ex2 cess of the amount appropriated under this heading, up 

3 to $15,000,000 of the funds appropriated by this Act to 

4 carry out the provisions of part I of the Foreign Assist5 ance Act of 1961 may be used for purposes of this heading 

6 and under the authorities applicable to funds appropriated 

7 under this heading: Provided further, That funds made 

8 available pursuant to the previous proviso shall be made 

9 available subject to prior consultation with the Committees 

10 on Appropriations. 

11 COMPLEX CRISES FUND

12 For necessary expenses to carry out the provisions 

13 of section 509(b) of the Global Fragility Act of 2019 (title 

14 V of division J of Public Law 116–94), $60,000,000, to 

15 remain available until expended: Provided, That funds ap16 propriated under this heading may be made available not17 withstanding any other provision of law, except sections 

18 7007, 7008, and 7018 of this Act and section 620M of 

19 the Foreign Assistance Act of 1961. 

20 ECONOMIC SUPPORT FUND

21 For necessary expenses to carry out the provisions 

22 of chapter 4 of part II of the Foreign Assistance Act of 

23 1961, $3,480,131,000, to remain available until Sep24 tember 30, 2023. 


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1 DEMOCRACY FUND

2 For necessary expenses to carry out the provisions 

3 of the Foreign Assistance Act of 1961 for the promotion 

4 of democracy globally, including to carry out the purposes 

5 of section 502(b)(3) and (5) of Public Law 98–164 (22 

6 U.S.C. 4411), $215,450,000, to remain available until 

7 September 30, 2023, of which up to $25,000,000 may re8 main available until September 30, 2024, which shall be 

9 made available for the Human Rights and Democracy 

10 Fund of the Bureau of Democracy, Human Rights, and 

11 Labor, Department of State: Provided, That funds appro12 priated under this heading that are made available to the 

13 National Endowment for Democracy and its core insti14 tutes are in addition to amounts otherwise available by 

15 this Act for such purposes: Provided further, That the As16 sistant Secretary for Democracy, Human Rights, and 

17 Labor, Department of State, shall consult with the Com18 mittees on Appropriations prior to the initial obligation 

19 of funds appropriated under this paragraph. 

20 For an additional amount for such purposes, 

21 $125,250,000, to remain available until September 30, 

22 2023, of which up to $25,000,000 may remain available 

23 until September 30, 2024, which shall be made available 

24 for the Bureau for Development, Democracy, and Innova25 tion, United States Agency for International Development. 


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1 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

2 For necessary expenses to carry out the provisions 

3 of the Foreign Assistance Act of 1961, the FREEDOM 

4 Support Act (Public Law 102–511), and the Support for 

5 Eastern European Democracy (SEED) Act of 1989 (Pub6 lic Law 101–179), $788,929,000, to remain available until 

7 September 30, 2023, which shall be available, notwith8 standing any other provision of law, except section 7047 

9 of this Act, for assistance and related programs for coun10 tries identified in section 3 of the FREEDOM Support 

11 Act (22 U.S.C. 5801) and section 3(c) of the SEED Act 

12 of 1989 (22 U.S.C. 5402), in addition to funds otherwise 

13 available for such purposes: Provided, That funds appro14 priated by this Act under the headings ‘‘Global Health 

15 Programs’’, ‘‘Economic Support Fund’’, and ‘‘Inter16 national Narcotics Control and Law Enforcement’’ that 

17 are made available for assistance for such countries shall 

18 be administered in accordance with the responsibilities of 

19 the coordinator designated pursuant to section 102 of the 

20 FREEDOM Support Act and section 601 of the SEED 

21 Act of 1989: Provided further, That funds appropriated 

22 under this heading shall be considered to be economic as23 sistance under the Foreign Assistance Act of 1961 for 

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1 ance: Provided further, That funds appropriated under 

2 this heading may be made available for contributions to 

3 multilateral initiatives to counter hybrid threats. 

4 DEPARTMENT OF STATE

5 MIGRATION AND REFUGEE ASSISTANCE

6 For necessary expenses not otherwise provided for, 

7 to enable the Secretary of State to carry out the provisions 

8 of section 2(a) and (b) of the Migration and Refugee As9 sistance Act of 1962 (22 U.S.C. 2601), and other activi10 ties to meet refugee and migration needs; salaries and ex11 penses of personnel and dependents as authorized by the 

12 Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.); 

13 allowances as authorized by sections 5921 through 5925 

14 of title 5, United States Code; purchase and hire of pas15 senger motor vehicles; and services as authorized by sec16 tion 3109 of title 5, United States Code, $3,845,000,000, 

17 to remain available until expended. 

18 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

19 ASSISTANCE FUND

20 For necessary expenses to carry out the provisions 

21 of section 2(c) of the Migration and Refugee Assistance 

22 Act of 1962 (22 U.S.C. 2601(c)), $100,000, to remain 

23 available until expended: Provided, That amounts in ex24 cess of the limitation contained in paragraph (2) of such 

25 section shall be transferred to, and merged with, funds 


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1 made available by this Act under the heading ‘‘Migration 

2 and Refugee Assistance’’. 

3 INDEPENDENT AGENCIES

4 PEACE CORPS

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses to carry out the provisions 

7 of the Peace Corps Act (22 U.S.C. 2501 et seq.), including 

8 the purchase of not to exceed five passenger motor vehicles 

9 for administrative purposes for use outside of the United 

10 States, $410,500,000, of which $6,330,000 is for the Of11 fice of Inspector General, to remain available until Sep12 tember 30, 2023: Provided, That the Director of the Peace 

13 Corps may transfer to the Foreign Currency Fluctuations 

14 Account, as authorized by section 16 of the Peace Corps 

15 Act (22 U.S.C. 2515), an amount not to exceed 

16 $5,000,000: Provided further, That funds transferred pur17 suant to the previous proviso may not be derived from 

18 amounts made available for Peace Corps overseas oper19 ations: Provided further, That of the funds appropriated 

20 under this heading, not to exceed $104,000 may be avail21 able for representation expenses, of which not to exceed 

22 $4,000 may be made available for entertainment expenses: 

23 Provided further, That in addition to the requirements 

24 under section 7015(a) of this Act, the Peace Corps shall 

25 consult with the Committees on Appropriations prior to 


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1 any decision to open, close, or suspend a domestic or over2 seas office or a country program unless there is a substan3 tial risk to volunteers or other Peace Corps personnel: Pro4 vided further, That none of the funds appropriated under 

5 this heading shall be used to pay for abortions: Provided 

6 further, That notwithstanding the previous proviso, section 

7 614 of division E of Public Law 113–76 shall apply to 

8 funds appropriated under this heading. 

9 MILLENNIUM CHALLENGE CORPORATION

10 For necessary expenses to carry out the provisions 

11 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 

12 et seq.) (MCA), $912,000,000, to remain available until 

13 expended: Provided, That of the funds appropriated under 

14 this heading, up to $115,000,000 may be available for ad15 ministrative expenses of the Millennium Challenge Cor16 poration: Provided further, That section 605(e) of the 

17 MCA (22 U.S.C. 7704(e)) shall apply to funds appro18 priated under this heading: Provided further, That funds 

19 appropriated under this heading may be made available 

20 for a Millennium Challenge Compact entered into pursu21 ant to section 609 of the MCA (22 U.S.C. 7708) only if 

22 such Compact obligates, or contains a commitment to obli23 gate subject to the availability of funds and the mutual 

24 agreement of the parties to the Compact to proceed, the 

25 entire amount of the United States Government funding 


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1 anticipated for the duration of the Compact: Provided fur2 ther, That no country should be eligible for a threshold 

3 program after such country has completed a country com4 pact: Provided further, That of the funds appropriated 

5 under this heading, not to exceed $100,000 may be avail6 able for representation and entertainment expenses, of 

7 which not to exceed $5,000 may be available for entertain8 ment expenses. 

9 INTER-AMERICAN FOUNDATION

10 For necessary expenses to carry out the functions of 

11 the Inter-American Foundation in accordance with the 

12 provisions of section 401 of the Foreign Assistance Act 

13 of 1969, $44,500,000, to remain available until September 

14 30, 2023: Provided, That of the funds appropriated under 

15 this heading, not to exceed $2,500 may be available for 

16 representation expenses. 

17 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

18 For necessary expenses to carry out the African De19 velopment Foundation Act (title V of Public Law 96–533; 

20 22 U.S.C. 290h et seq.), $43,000,000, to remain available 

21 until September 30, 2023, of which not to exceed $2,500 

22 may be available for representation expenses: Provided, 

23 That funds made available to grantees may be invested 

24 pending expenditure for project purposes when authorized 

25 by the Board of Directors of the United States African 


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1 Development Foundation (USADF): Provided further, 

2 That interest earned shall be used only for the purposes 

3 for which the grant was made: Provided further, That not4 withstanding section 505(a)(2) of the African Develop5 ment Foundation Act (22 U.S.C. 290h–3(a)(2)), in excep6 tional circumstances the Board of Directors of the 

7 USADF may waive the $250,000 limitation contained in 

8 that section with respect to a project and a project may 

9 exceed the limitation by up to 10 percent if the increase 

10 is due solely to foreign currency fluctuation: Provided fur11 ther, That the USADF shall submit a report to the appro12 priate congressional committees after each time such waiv13 er authority is exercised: Provided further, That the 

14 USADF may make rent or lease payments in advance 

15 from appropriations available for such purpose for offices, 

16 buildings, grounds, and quarters in Africa as may be nec17 essary to carry out its functions: Provided further, That 

18 the USADF may maintain bank accounts outside the 

19 United States Treasury and retain any interest earned on 

20 such accounts, in furtherance of the purposes of the Afri21 can Development Foundation Act: Provided further, That 

22 the USADF may not withdraw any appropriation from the 

23 Treasury prior to the need of spending such funds for pro24 gram purposes. 


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1 DEPARTMENT OF THE TREASURY

2 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

3 For necessary expenses to carry out the provisions 

4 of section 129 of the Foreign Assistance Act of 1961, 

5 $38,000,000, to remain available until expended, of which 

6 not more than $7,600,000 may be used for administrative 

7 expenses: Provided, That amounts made available under 

8 this heading may be made available to contract for services 

9 as described in section 129(d)(3)(A) of the Foreign Assist10 ance Act of 1961, without regard to the location in which 

11 such services are performed. 

12 DEBT RESTRUCTURING

13 For ‘‘Bilateral Economic Assistance—Department of 

14 the Treasury—Debt Restructuring’’ there is appropriated 

15 $52,000,000, to remain available until September 30, 

16 2023, for the costs, as defined in section 502 of the Con17 gressional Budget Act of 1974, of modifying loans and 

18 loan guarantees for, or credits extended to, such countries 

19 as the President may determine, including the cost of sell20 ing, reducing, or canceling amounts owed to the United 

21 States pursuant to the ‘‘Common Framework for Debt 

22 Treatments beyond the Debt Service Suspension Initiative 

23 (DSSI)’’, and for reducing interest rates paid by any coun24 try eligible for the DSSI: Provided, That such amounts 

25 may be used notwithstanding any other provision of law. 


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1 TROPICAL FOREST AND CORAL REEF CONSERVATION ACT

2 For the costs, as defined in section 502 of the Con3 gressional Budget Act of 1974, of modifying loans and 

4 loan guarantees, as the President may determine, for 

5 which funds have been appropriated or otherwise made 

6 available for programs within the International Affairs 

7 Budget Function 150, including the cost of selling, reduc8 ing, or canceling amounts owed to the United States as 

9 a result of concessional loans made to eligible countries 

10 pursuant to part V of the Foreign Assistance Act of 1961, 

11 $15,000,000, to remain available until September 30, 

12 2027. 


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1 TITLE IV 

2 INTERNATIONAL SECURITY ASSISTANCE 

3 DEPARTMENT OF STATE

4 INTERNATIONAL NARCOTICS CONTROL AND LAW

5 ENFORCEMENT

6 For necessary expenses to carry out section 481 of 

7 the Foreign Assistance Act of 1961, $1,388,853,000, to 

8 remain available until September 30, 2023: Provided, 

9 That the Department of State may use the authority of 

10 section 608 of the Foreign Assistance Act of 1961, with11 out regard to its restrictions, to receive excess property 

12 from an agency of the United States Government for the 

13 purpose of providing such property to a foreign country 

14 or international organization under chapter 8 of part I of 

15 such Act, subject to the regular notification procedures of 

16 the Committees on Appropriations: Provided further, That 

17 section 482(b) of the Foreign Assistance Act of 1961 shall 

18 not apply to funds appropriated under this heading, except 

19 that any funds made available notwithstanding such sec20 tion shall be subject to the regular notification procedures 

21 of the Committees on Appropriations: Provided further, 

22 That of the funds appropriated under this heading, not 

23 less than $9,000,000 shall be made available, on a com24 petitive basis, for rule of law programs for transitional and 

25 post-conflict states, and for activities to coordinate rule 


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1 of law programs among foreign governments, international 

2 and nongovernmental organizations, and other United 

3 States Government agencies: Provided further, That funds 

4 made available under this heading that are transferred to 

5 another department, agency, or instrumentality of the 

6 United States Government pursuant to section 632(b) of 

7 the Foreign Assistance Act of 1961 valued in excess of 

8 $5,000,000, and any agreement made pursuant to section 

9 632(a) of such Act, shall be subject to the regular notifica10 tion procedures of the Committees on Appropriations: Pro11 vided further, That funds made available under this head12 ing for Program Development and Support may be made 

13 available notwithstanding pre-obligation requirements con14 tained in this Act, except for the notification requirements 

15 of section 7015. 

16 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

17 RELATED PROGRAMS

18 For necessary expenses for nonproliferation, anti-ter19 rorism, demining and related programs and activities, 

20 $907,247,000, to remain available until September 30, 

21 2023, to carry out the provisions of chapter 8 of part II 

22 of the Foreign Assistance Act of 1961 for anti-terrorism 

23 assistance, chapter 9 of part II of the Foreign Assistance 

24 Act of 1961, section 504 of the FREEDOM Support Act 

25 (22 U.S.C. 5854), section 23 of the Arms Export Control 


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1 Act (22 U.S.C. 2763), or the Foreign Assistance Act of 

2 1961 for demining and unexploded ordnance clearance ac3 tivities, the destruction of small arms, and related activi4 ties, notwithstanding any other provision of law, including 

5 activities implemented through nongovernmental and 

6 international organizations, and section 301 of the For7 eign Assistance Act of 1961 for a United States contribu8 tion to the Comprehensive Nuclear Test Ban Treaty Pre9 paratory Commission, and for a voluntary contribution to 

10 the International Atomic Energy Agency (IAEA): Pro11 vided, That funds made available under this heading for 

12 the Nonproliferation and Disarmament Fund shall be 

13 made available, notwithstanding any other provision of law 

14 and subject to prior consultation with, and the regular no15 tification procedures of, the Committees on Appropria16 tions, to promote bilateral and multilateral activities relat17 ing to nonproliferation, disarmament, and weapons de18 struction, and shall remain available until expended: Pro19 vided further, That such funds may also be used for such 

20 countries other than the Independent States of the former 

21 Soviet Union and international organizations when it is 

22 in the national security interest of the United States to 

23 do so: Provided further, That funds appropriated under 

24 this heading may be made available for the IAEA unless 

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1 nied its right to participate in the activities of that Agen2 cy: Provided further, That funds made available for con3 ventional weapons destruction programs, including 

4 demining and unexploded ordnance clearance activities, in 

5 addition to funds otherwise available for such purposes, 

6 may be used for administrative expenses related to the op7 eration and management of such programs and activities, 

8 subject to the regular notification procedures of the Com9 mittees on Appropriations: Provided further, That funds 

10 made available under this heading for Export Control and 

11 Related Border Security, Global Threat Reduction, and 

12 countering Weapons of Mass Destruction Terrorism may 

13 be made available notwithstanding any other provision of 

14 law. 

15 PEACEKEEPING OPERATIONS

16 For necessary expenses to carry out the provisions 

17 of section 551 of the Foreign Assistance Act of 1961, 

18 $465,459,000, of which $232,730,000 may remain avail19 able until September 30, 2023: Provided, That funds ap20 propriated under this heading may be used, notwith21 standing section 660 of the Foreign Assistance Act of 

22 1961, to provide assistance to enhance the capacity of for23 eign civilian security forces, including gendarmes, to par24 ticipate in peacekeeping operations: Provided further, That 

25 of the funds appropriated under this heading, not less 


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1 than $24,000,000 shall be made available for a United 

2 States contribution to the Multinational Force and Ob3 servers mission in the Sinai: Provided further, That funds 

4 appropriated under this heading may be made available 

5 to pay assessed expenses of international peacekeeping ac6 tivities in Somalia under the same terms and conditions, 

7 as applicable, as funds appropriated by this Act under the 

8 heading ‘‘Contributions for International Peacekeeping 

9 Activities’’: Provided further, That funds appropriated 

10 under this heading shall be subject to the regular notifica11 tion procedures of the Committees on Appropriations. 

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 INTERNATIONAL MILITARY EDUCATION AND TRAINING

14 For necessary expenses to carry out the provisions 

15 of section 541 of the Foreign Assistance Act of 1961, 

16 $112,925,000, of which up to $56,463,000 may remain 

17 available until September 30, 2023: Provided, That the 

18 civilian personnel for whom military education and train19 ing may be provided under this heading may include civil20 ians who are not members of a government whose partici21 pation would contribute to improved civil-military rela22 tions, civilian control of the military, or respect for human 

23 rights, as specified in the explanatory statement accom24 panying this Act: Provided further, That of the funds ap25 propriated under this heading, $3,000,000 shall remain 


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1 available until September 30, 2025, and shall be used to 

2 increase the participation of women in programs and ac3 tivities funded under this heading, following consultation 

4 with, and the regular notification procedures of, the Com5 mittees on Appropriations: Provided further, That of the 

6 funds appropriated under this heading, not to exceed 

7 $50,000 may be available for entertainment expenses. 

8 FOREIGN MILITARY FINANCING PROGRAM

9 For necessary expenses for grants to enable the 

10 President to carry out the provisions of section 23 of the 

11 Arms Export Control Act (22 U.S.C. 2763), 

12 $6,175,524,000: Provided, That to expedite the provision 

13 of assistance to foreign countries and international organi14 zations, the Secretary of State, following consultation with 

15 the Committees on Appropriations and subject to the reg16 ular notification procedures of such Committees, may use 

17 the funds appropriated under this heading to procure de18 fense articles and services to enhance the capacity of for19 eign security forces: Provided further, That funds appro20 priated or otherwise made available under this heading 

21 shall be nonrepayable notwithstanding any requirement in 

22 section 23 of the Arms Export Control Act: Provided fur23 ther, That funds made available under this heading shall 

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1 graph (5)(C) of section 1501(a) of title 31, United States 

2 Code. 

3 None of the funds made available under this heading 

4 shall be available to finance the procurement of defense 

5 articles, defense services, or design and construction serv6 ices that are not sold by the United States Government 

7 under the Arms Export Control Act unless the foreign 

8 country proposing to make such procurement has first 

9 signed an agreement with the United States Government 

10 specifying the conditions under which such procurement 

11 may be financed with such funds, including any conditions 

12 on the end use and end users of such articles and services: 

13 Provided, That all country and funding level increases in 

14 allocations shall be submitted through the regular notifica15 tion procedures of section 7015 of this Act: Provided fur16 ther, That funds made available under this heading may 

17 be used, notwithstanding any other provision of law, for 

18 demining and unexploded ordnance clearance activities, 

19 and may include activities implemented through non20 governmental and international organizations: Provided 

21 further, That only those countries for which assistance was 

22 justified for the ‘‘Foreign Military Sales Financing Pro23 gram’’ in the fiscal year 1989 congressional presentation 

24 for security assistance programs may utilize funds made 

25 available under this heading for procurement of defense 


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1 articles, defense services, or design and construction serv2 ices that are not sold by the United States Government 

3 under the Arms Export Control Act: Provided further, 

4 That funds appropriated under this heading shall be ex5 pended at the minimum rate necessary to make timely 

6 payment for defense articles and services: Provided fur7 ther, That not more than $70,000,000 of the funds appro8 priated under this heading may be obligated for necessary 

9 expenses, including the purchase of passenger motor vehi10 cles for replacement only for use outside of the United 

11 States, for the general costs of administering military as12 sistance and sales, except that this limitation may be ex13 ceeded only through the regular notification procedures of 

14 the Committees on Appropriations: Provided further, That 

15 of the funds made available under this heading for general 

16 costs of administering military assistance and sales, not 

17 to exceed $4,000 may be available for entertainment ex18 penses and not to exceed $130,000 may be available for 

19 representation expenses: Provided further, That not more 

20 than $1,137,000,000 of funds realized pursuant to section 

21 21(e)(1)(A) of the Arms Export Control Act (22 U.S.C. 

22 2761(e)(1)(A)) may be obligated for expenses incurred by 

23 the Department of Defense during fiscal year 2021 pursu24 ant to section 43(b) of the Arms Export Control Act (22 

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1 ceeded only through the regular notification procedures of 

2 the Committees on Appropriations. 


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1 TITLE V 

2 MULTILATERAL ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

5 For necessary expenses to carry out the provisions 

6 of section 301 of the Foreign Assistance Act of 1961, 

7 $472,500,000: Provided, That section 307(a) of the For8 eign Assistance Act of 1961 shall not apply to contribu9 tions to the United Nations Democracy Fund and the 

10 United Nations Office for the Coordination of Humani11 tarian Affairs: Provided further, That not later than 60 

12 days after enactment of this Act, such funds shall be made 

13 available for core contributions for each entity listed in 

14 the table under this heading in the explanatory statement 

15 accompanying this Act unless otherwise provided for in 

16 this Act, or if the Secretary of State has justified to the 

17 Committees on Appropriations the proposed uses of funds 

18 other than for core contributions following prior consulta19 tion with, and subject to the regular notification proce20 dures of, such Committees. 

21 INTERNATIONAL FINANCIAL INSTITUTIONS

22 GLOBAL ENVIRONMENT FACILITY

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1 ronment Facility by the Secretary of the Treasury, 

2 $149,288,000, to remain available until expended. 

3 CONTRIBUTION TO THE GREEN CLIMATE FUND

4 For payment to the International Bank for Recon5 struction and Development as trustee for the Green Cli6 mate Fund by the Secretary of the Treasury, 

7 $1,450,000,000, to remain available until expended: Pro8 vided, That not later than 60 days after enactment of this 

9 Act, the Secretary of the Treasury shall submit a report 

10 to the Committees on Appropriations as specified under 

11 this heading in the explanatory statement accompanying 

12 this Act. 

13 CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

14 For contribution to the Clean Technology Fund, 

15 $450,000,000, to remain available until expended: Pro16 vided, That up to $400,000,000 of such amount shall be 

17 available to cover costs, as defined in section 502 of the 

18 Congressional Budget Act of 1974, of direct loans issued 

19 to the Clean Technology Fund: Provided further, That 

20 such funds are available to subsidize gross obligations for 

21 the principal amount of direct loans without limitation. 

22 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

23 RECONSTRUCTION AND DEVELOPMENT

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1 ury for the United States share of the paid-in portion of 

2 the increases in capital stock, $206,500,000, to remain 

3 available until expended. 

4 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

5 The United States Governor of the International 

6 Bank for Reconstruction and Development may subscribe 

7 without fiscal year limitation to the callable capital portion 

8 of the United States share of increases in capital stock 

9 in an amount not to exceed $1,421,275,728.70. 

10 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

11 ASSOCIATION

12 For payment to the International Development Asso13 ciation by the Secretary of the Treasury, $1,001,400,000, 

14 to remain available until expended. 

15 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

16 For payment to the Asian Development Bank’s Asian 

17 Development Fund by the Secretary of the Treasury, 

18 $53,323,000, to remain available until expended. 

19 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

20 For payment to the African Development Bank by 

21 the Secretary of the Treasury for the United States share 

22 of the paid-in portion of the increases in capital stock, 

23 $54,648,752, to remain available until expended. 


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1 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

2 The United States Governor of the African Develop3 ment Bank may subscribe without fiscal year limitation 

4 to the callable capital portion of the United States share 

5 of increases in capital stock in an amount not to exceed 

6 $856,174,624. 

7 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

8 For payment to the African Development Fund by 

9 the Secretary of the Treasury, $211,300,000, to remain 

10 available until expended. 

11 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

12 AGRICULTURAL DEVELOPMENT

13 For payment to the International Fund for Agricul14 tural Development by the Secretary of the Treasury, 

15 $43,000,000, to remain available until expended. 

16 GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

17 For payment to the Global Agriculture and Food Se18 curity Program by the Secretary of the Treasury, 

19 $10,000,000, to remain available until expended. 

20 CONTRIBUTIONS TO THE INTERNATIONAL MONETARY

21 FUND FACILITIES AND TRUST FUNDS

22 For contribution by the Secretary of the Treasury to 

23 the Poverty Reduction and Growth Trust or other special 

24 purpose vehicle of the International Monetary Fund, 


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1 $102,000,000, to remain available until December 31, 

2 2031. 


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1 TITLE VI 

2 EXPORT AND INVESTMENT ASSISTANCE 

3 EXPORT-IMPORT BANK OF THE UNITED STATES

4 INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector 

6 General in carrying out the provisions of the Inspector 

7 General Act of 1978 (5 U.S.C. App.), $6,500,000, of 

8 which up to $975,000 may remain available until Sep9 tember 30, 2023. 

10 PROGRAM ACCOUNT

11 The Export-Import Bank of the United States is au12 thorized to make such expenditures within the limits of 

13 funds and borrowing authority available to such corpora14 tion, and in accordance with law, and to make such con15 tracts and commitments without regard to fiscal year limi16 tations, as provided by section 9104 of title 31, United 

17 States Code, as may be necessary in carrying out the pro18 gram for the current fiscal year for such corporation: Pro19 vided, That none of the funds available during the current 

20 fiscal year may be used to make expenditures, contracts, 

21 or commitments for the export of nuclear equipment, fuel, 

22 or technology to any country, other than a nuclear-weapon 

23 state as defined in Article IX of the Treaty on the Non24 Proliferation of Nuclear Weapons eligible to receive eco25 nomic or military assistance under this Act, that has detoVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 nated a nuclear explosive after the date of enactment of 

2 this Act. 

3 ADMINISTRATIVE EXPENSES

4 For administrative expenses to carry out the direct 

5 and guaranteed loan and insurance programs, including 

6 hire of passenger motor vehicles and services as authorized 

7 by section 3109 of title 5, United States Code, and not 

8 to exceed $30,000 for official reception and representation 

9 expenses for members of the Board of Directors, not to 

10 exceed $114,000,000, of which up to $17,100,000 may re11 main available until September 30, 2023: Provided, That 

12 the Export-Import Bank (the Bank) may accept, and use, 

13 payment or services provided by transaction participants 

14 for legal, financial, or technical services in connection with 

15 any transaction for which an application for a loan, guar16 antee or insurance commitment has been made: Provided 

17 further, That notwithstanding subsection (b) of section 

18 117 of the Export Enhancement Act of 1992, subsection 

19 (a) of such section shall remain in effect until September 

20 30, 2022: Provided further, That the Bank shall charge 

21 fees for necessary expenses (including special services per22 formed on a contract or fee basis, but not including other 

23 personal services) in connection with the collection of mon24 eys owed the Bank, repossession or sale of pledged collat25 eral or other assets acquired by the Bank in satisfaction 


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1 of moneys owed the Bank, or the investigation or appraisal 

2 of any property, or the evaluation of the legal, financial, 

3 or technical aspects of any transaction for which an appli4 cation for a loan, guarantee or insurance commitment has 

5 been made, or systems infrastructure directly supporting 

6 transactions: Provided further, That in addition to other 

7 funds appropriated for administrative expenses, such fees 

8 shall be credited to this account for such purposes, to re9 main available until expended. 

10 PROGRAM BUDGET APPROPRIATIONS

11 For the cost of direct loans, loan guarantees, insur12 ance, and tied-aid grants as authorized by section 10 of 

13 the Export-Import Bank Act of 1945, as amended, not 

14 to exceed $5,000,000, to remain available until September 

15 30, 2025: Provided, That such costs, including the cost 

16 of modifying such loans, shall be as defined in section 502 

17 of the Congressional Budget Act of 1974: Provided fur18 ther, That such funds shall remain available until Sep19 tember 30, 2037, for the disbursement of direct loans, 

20 loan guarantees, insurance and tied-aid grants obligated 

21 in fiscal years 2022, 2023, 2024, and 2025. 

22 RECEIPTS COLLECTED

23 Receipts collected pursuant to the Export-Import 

24 Bank Act of 1945 (Public Law 79–173) and the Federal 

25 Credit Reform Act of 1990, in an amount not to exceed 


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1 the amount appropriated herein, shall be credited as off2 setting collections to this account: Provided, That the 

3 sums herein appropriated from the General Fund shall be 

4 reduced on a dollar-for-dollar basis by such offsetting col5 lections so as to result in a final fiscal year appropriation 

6 from the General Fund estimated at $0. 

7 UNITED STATES INTERNATIONAL DEVELOPMENT

8 FINANCE CORPORATION

9 INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978 (5 U.S.C. App.), $2,800,000, to re13 main available until September 30, 2023. 

14 CORPORATE CAPITAL ACCOUNT

15 The United States International Development Fi16 nance Corporation (the Corporation) is authorized to 

17 make such expenditures and commitments within the lim18 its of funds and borrowing authority available to the Cor19 poration, and in accordance with the law, and to make 

20 such expenditures and commitments without regard to fis21 cal year limitations, as provided by section 9104 of title 

22 31, United States Code, as may be necessary in carrying 

23 out the programs for the current fiscal year for the Cor24 poration: Provided, That for necessary expenses of the ac25 tivities described in subsections (b), (c), (e), (f), and (g) 


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1 of section 1421 of the BUILD Act of 2018 (division F 

2 of Public Law 115–254) and for administrative expenses 

3 to carry out authorized activities and project-specific 

4 transaction costs described in section 1434(d) of such Act, 

5 $698,000,000: Provided further, That of the amount pro6 vided— 

7 (1) $198,000,000 shall remain available until 

8 September 30, 2024, for administrative expenses to 

9 carry out authorized activities (including an amount 

10 for official reception and representation expenses 

11 which shall not exceed $25,000) and project-specific 

12 transaction costs as described in section 1434(k) of 

13 such Act, of which $1,000,000 shall remain available 

14 until September 30, 2026; 

15 (2) $500,000,000 shall remain available until 

16 September 30, 2024, for the activities described in 

17 subsections (b), (c), (e), (f), and (g) of section 1421 

18 of the BUILD Act of 2018, except such amounts ob19 ligated in a fiscal year for activities described in sec20 tion 1421(c) of such Act shall remain available for 

21 disbursement for the term of the underlying project: 

22 Provided further, That if the term of the project ex23 tends longer than 10 fiscal years, the Chief Execu24 tive Officer of the Corporation shall inform the ap25 propriate congressional committees prior to the obliVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 gation or disbursement of funds, as applicable: Pro2 vided further, That amounts made available under 

3 this paragraph may be paid to the ‘‘United States 

4 International Development Finance Corporation— 

5 Program Account’’ for programs authorized by sub6 sections (b), (e), (f), and (g) of section 1421 of the 

7 BUILD Act of 2018: 

8 Provided further, That funds may only be obligated pursu9 ant to section 1421(g) of the BUILD Act of 2018 subject 

10 to prior consultation with the appropriate congressional 

11 committees and the regular notification procedures of the 

12 Committees on Appropriations: Provided further, That in 

13 fiscal year 2022 collections of amounts described in sec14 tion 1434(h) of the BUILD Act of 2018 shall be credited 

15 as offsetting collections to this appropriation: Provided 

16 further, That such collections collected in fiscal year 2022 

17 in excess of $698,000,000 shall be credited to this account 

18 and shall be available in future fiscal years only to the 

19 extent provided in advance in appropriations Acts: Pro20 vided further, That in fiscal year 2022, if such collections 

21 are less than $698,000,000, receipts collected pursuant to 

22 the BUILD Act of 2018 and the Federal Credit Reform 

23 Act of 1990, in an amount equal to such shortfall, shall 

24 be credited as offsetting collections to this appropriation: 

25 Provided further, That funds appropriated or otherwise 


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1 made available under this heading may not be used to pro2 vide any type of assistance that is otherwise prohibited 

3 by any other provision of law or to provide assistance to 

4 any foreign country that is otherwise prohibited by any 

5 other provision of law: Provided further, That the sums 

6 herein appropriated from the General Fund shall be re7 duced on a dollar-for-dollar basis by the offsetting collec8 tions described under this heading so as to result in a final 

9 fiscal year appropriation from the General Fund estimated 

10 at $316,000,000. 

11 PROGRAM ACCOUNT

12 Amounts paid from ‘‘United States International De13 velopment Finance Corporation—Corporate Capital Ac14 count’’ (CCA) shall remain available until September 30, 

15 2024: Provided, That up to $550,000,000 of amounts paid 

16 to this account from CCA or transferred to this account 

17 pursuant to section 1434(j) of the BUILD Act of 2018 

18 (division F of Public Law 115–254) shall be available for 

19 the costs of direct and guaranteed loans provided by the 

20 Corporation pursuant to section 1421(b) of such Act and 

21 the costs of modifying loans and loan guarantees trans22 ferred to the Corporation pursuant to section 1463 of such 

23 Act: Provided further, That such costs, including the cost 

24 of modifying such loans, shall be as defined in section 502 

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1 ther, That such amounts obligated in a fiscal year shall 

2 remain available for disbursement for the following 8 fiscal 

3 years: Provided further, That funds made available in this 

4 Act and transferred to carry out the Foreign Assistance 

5 Act of 1961 pursuant to section 1434(j) of the BUILD 

6 Act of 2018 may remain available for obligation for 1 ad7 ditional fiscal year: Provided further, That the total loan 

8 principal or guaranteed principal amount shall not exceed 

9 $10,000,000,000. 

10 TRADE AND DEVELOPMENT AGENCY

11 For necessary expenses to carry out the provisions 

12 of section 661 of the Foreign Assistance Act of 1961, 

13 $79,500,000, to remain available until September 30, 

14 2023, of which no more than $19,000,000 may be used 

15 for administrative expenses: Provided, That of the funds 

16 appropriated under this heading, not more than $5,000 

17 may be available for representation and entertainment ex18 penses. 


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1 TITLE VII 

2 GENERAL PROVISIONS 

3 ALLOWANCES AND DIFFERENTIALS

4 SEC. 7001. Funds appropriated under title I of this 

5 Act shall be available, except as otherwise provided, for 

6 allowances and differentials as authorized by subchapter 

7 59 of title 5, United States Code; for services as author8 ized by section 3109 of such title and for hire of passenger 

9 transportation pursuant to section 1343(b) of title 31, 

10 United States Code. 

11 UNOBLIGATED BALANCES REPORT

12 SEC. 7002. Any department or agency of the United 

13 States Government to which funds are appropriated or 

14 otherwise made available by this Act shall provide to the 

15 Committees on Appropriations a quarterly accounting of 

16 cumulative unobligated balances and obligated, but unex17 pended, balances by program, project, and activity, and 

18 Treasury Account Fund Symbol of all funds received by 

19 such department or agency in fiscal year 2022 or any pre20 vious fiscal year, disaggregated by fiscal year: Provided, 

21 That the report required by this section shall be submitted 

22 not later than 30 days after the end of each fiscal quarter 

23 and should specify by account the amount of funds obli24 gated pursuant to bilateral agreements which have not 

25 been further sub-obligated. 


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1 CONSULTING SERVICES

2 SEC. 7003. The expenditure of any appropriation 

3 under title I of this Act for any consulting service through 

4 procurement contract, pursuant to section 3109 of title 

5 5, United States Code, shall be limited to those contracts 

6 where such expenditures are a matter of public record and 

7 available for public inspection, except where otherwise pro8 vided under existing law, or under existing Executive order 

9 issued pursuant to existing law. 

10 DIPLOMATIC FACILITIES

11 SEC. 7004. (a) CAPITAL SECURITY COST SHARING

12 EXCEPTION.—Notwithstanding paragraph (2) of section 

13 604(e) of the Secure Embassy Construction and Counter14 terrorism Act of 1999 (title VI of division A of H.R. 3427, 

15 as enacted into law by section 1000(a)(7) of Public Law 

16 106–113 and contained in appendix G of that Act), as 

17 amended by section 111 of the Department of State Au18 thorities Act, Fiscal Year 2017 (Public Law 114–323), a 

19 project to construct a facility of the United States may 

20 include office space or other accommodations for members 

21 of the United States Marine Corps. 

22 (b) NEW DIPLOMATIC FACILITIES.—For the pur23 poses of calculating the fiscal year 2022 costs of providing 

24 new United States diplomatic facilities in accordance with 

25 section 604(e) of the Secure Embassy Construction and 


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1 Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the 

2 Secretary of State, in consultation with the Director of 

3 the Office of Management and Budget, shall determine the 

4 annual program level and agency shares in a manner that 

5 is proportional to the contribution of the Department of 

6 State for this purpose. 

7 (c) CONSULTATION AND NOTIFICATION.—Funds ap8 propriated by this Act and prior Acts making appropria9 tions for the Department of State, foreign operations, and 

10 related programs, which may be made available for the 

11 acquisition of property or award of construction contracts 

12 for overseas United States diplomatic facilities during fis13 cal year 2022, shall be subject to prior consultation with, 

14 and the regular notification procedures of, the Committees 

15 on Appropriations: Provided, That notifications pursuant 

16 to this subsection shall include the information enumer17 ated under the heading ‘‘Embassy Security, Construction, 

18 and Maintenance’’ in the explanatory statement accom19 panying this Act. 

20 (d) INTERIM AND TEMPORARY FACILITIES

21 ABROAD.— 

22 (1) SECURITY VULNERABILITIES.—Funds ap23 propriated by this Act under the heading ‘‘Embassy 

24 Security, Construction, and Maintenance’’ may be 

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1 propriate congressional committees, to address secu2 rity vulnerabilities at interim and temporary United 

3 States diplomatic facilities abroad, including physical 

4 security upgrades and local guard staffing. 

5 (2) CONSULTATION.—Notwithstanding any other 

6 provision of law, the opening, closure, or any significant 

7 modification to an interim or temporary United States 

8 diplomatic facility shall be subject to prior consultation 

9 with, and the regular notification procedures of, the Com10 mittees on Appropriations, except that such consultation 

11 and notification may be waived if there is a security risk 

12 to personnel. 

13 PERSONNEL ACTIONS

14 SEC. 7005. Any costs incurred by a department or 

15 agency funded under title I of this Act resulting from per16 sonnel actions taken in response to funding reductions in17 cluded in this Act shall be absorbed within the total budg18 etary resources available under title I to such department 

19 or agency: Provided, That the authority to transfer funds 

20 between appropriations accounts as may be necessary to 

21 carry out this section is provided in addition to authorities 

22 included elsewhere in this Act: Provided further, That use 

23 of funds to carry out this section shall be treated as a 

24 reprogramming of funds under section 7015 of this Act. 


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1 PROHIBITION ON PUBLICITY OR PROPAGANDA

2 SEC. 7006. No part of any appropriation contained 

3 in this Act shall be used for publicity or propaganda pur4 poses within the United States not authorized before en5 actment of this Act by Congress: Provided, That up to 

6 $25,000 may be made available to carry out the provisions 

7 of section 316 of the International Security and Develop8 ment Cooperation Act of 1980 (Public Law 96–533; 22 

9 U.S.C. 2151a note). 

10 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

11 COUNTRIES

12 SEC. 7007. None of the funds appropriated or other13 wise made available pursuant to titles III through VI of 

14 this Act shall be obligated or expended to finance directly 

15 any assistance or reparations for the governments of 

16 Cuba, North Korea, Iran, or Syria: Provided, That for 

17 purposes of this section, the prohibition on obligations or 

18 expenditures shall include direct loans, credits, insurance, 

19 and guarantees of the Export-Import Bank or its agents. 

20 COUPS D’E ́TAT

21 SEC. 7008. None of the funds appropriated or other22 wise made available pursuant to titles III through VI of 

23 this Act shall be obligated or expended to finance directly 

24 any assistance to the government of any country whose 

25 duly elected head of government is deposed by military 


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1 coup d’e ́tat or decree or, after the date of enactment of 

2 this Act, a coup d’e ́tat or decree in which the military 

3 plays a decisive role: Provided, That assistance may be re4 sumed to such government if the Secretary of State cer5 tifies and reports to the appropriate congressional commit6 tees that subsequent to the termination of assistance a 

7 democratically elected government has taken office: Pro8 vided further, That the provisions of this section shall not 

9 apply to assistance to promote democratic elections or 

10 public participation in democratic processes: Provided fur11 ther, That funds made available pursuant to the previous 

12 provisos shall be subject to the regular notification proce13 dures of the Committees on Appropriations. 

14 TRANSFER OF FUNDS AUTHORITY

15 SEC. 7009. (a) DEPARTMENT OF STATE AND

16 UNITED STATES AGENCY FOR GLOBAL MEDIA.— 

17 (1) DEPARTMENT OF STATE.— 

18 (A) IN GENERAL.—Not to exceed 5 percent 

19 of any appropriation made available for the cur20 rent fiscal year for the Department of State 

21 under title I of this Act may be transferred be22 tween, and merged with, such appropriations, 

23 but no such appropriation, except as otherwise 

24 specifically provided, shall be increased by more 

25 than 10 percent by any such transfers, and no 


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1 such transfer may be made to increase the ap2 propriation under the heading ‘‘Representation 

3 Expenses’’. 

4 (B) EMBASSY SECURITY.—Funds appro5 priated under the headings ‘‘Diplomatic Pro6 grams’’, including for Worldwide Security Pro7 tection, ‘‘Embassy Security, Construction, and 

8 Maintenance’’, and ‘‘Emergencies in the Diplo9 matic and Consular Service’’ in this Act may be 

10 transferred to, and merged with, funds appro11 priated under such headings if the Secretary of 

12 State determines and reports to the Committees 

13 on Appropriations that to do so is necessary to 

14 implement the recommendations of the 

15 Benghazi Accountability Review Board, for 

16 emergency evacuations, or to prevent or re17 spond to security situations and requirements, 

18 following consultation with, and subject to the 

19 regular notification procedures of, such Com20 mittees: Provided, That such transfer authority 

21 is in addition to any transfer authority other22 wise available in this Act and under any other 

23 provision of law. 

24 (2) UNITED STATES AGENCY FOR GLOBAL

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1 tion made available for the current fiscal year for 

2 the United States Agency for Global Media under 

3 title I of this Act may be transferred between, and 

4 merged with, such appropriations, but no such ap5 propriation, except as otherwise specifically provided, 

6 shall be increased by more than 10 percent by any 

7 such transfers. 

8 (3) TREATMENT AS REPROGRAMMING.—Any 

9 transfer pursuant to this subsection shall be treated 

10 as a reprogramming of funds under section 7015 of 

11 this Act and shall not be available for obligation or 

12 expenditure except in compliance with the proce13 dures set forth in that section. 

14 (b) LIMITATION ON TRANSFERS OF FUNDS BE15 TWEEN AGENCIES.— 

16 (1) IN GENERAL.—None of the funds made 

17 available under titles II through V of this Act may 

18 be transferred to any department, agency, or instru19 mentality of the United States Government, except 

20 pursuant to a transfer made by, or transfer author21 ity provided in, this Act or any other appropriations 

22 Act. 

23 (2) ALLOCATION AND TRANSFERS.—Notwith24 standing paragraph (1), in addition to transfers 

25 made by, or authorized elsewhere in, this Act, funds 


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1 appropriated by this Act to carry out the purposes 

2 of the Foreign Assistance Act of 1961 may be allo3 cated or transferred to agencies of the United States 

4 Government pursuant to the provisions of sections 

5 109, 610, and 632 of the Foreign Assistance Act of 

6 1961, and section 1434(j) of the BUILD Act of 

7 2018 (division F of Public Law 115–254). 

8 (3) NOTIFICATION.—Any agreement entered 

9 into by the United States Agency for International 

10 Development or the Department of State with any 

11 department, agency, or instrumentality of the United 

12 States Government pursuant to section 632(b) of the 

13 Foreign Assistance Act of 1961 valued in excess of 

14 $1,000,000 and any agreement made pursuant to 

15 section 632(a) of such Act, with funds appropriated 

16 by this Act or prior Acts making appropriations for 

17 the Department of State, foreign operations, and re18 lated programs under the headings ‘‘Global Health 

19 Programs’’, ‘‘Development Assistance’’, ‘‘Economic 

20 Support Fund’’, and ‘‘Assistance for Europe, Eur21 asia and Central Asia’’ shall be subject to the reg22 ular notification procedures of the Committees on 

23 Appropriations: Provided, That the requirement in 

24 the previous sentence shall not apply to agreements 


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1 entered into between USAID and the Department of 

2 State. 

3 (c) UNITED STATES INTERNATIONAL DEVELOPMENT

4 FINANCE CORPORATION.— 

5 (1) LIMITATION.—Amounts transferred pursu6 ant to section 1434(j) of the BUILD Act of 2018 

7 (division F of Public Law 115–254) may only be 

8 transferred from funds made available under title III 

9 of this Act, and such amounts shall not exceed 

10 $50,000,000: Provided, That any such transfers 

11 shall be subject to prior consultation with, and the 

12 regular notification procedures of, the Committees 

13 on Appropriations: Provided further, That the Sec14 retary of State, the Administrator of the United 

15 States Agency for International Development, and 

16 the Chief Executive Officer of the United States 

17 International Development Finance Corporation (the 

18 Corporation), as appropriate, shall ensure that the 

19 programs funded by such transfers are coordinated 

20 with, and complement, foreign assistance programs 

21 implemented by the Department of State and 

22 USAID: Provided further, That no funds transferred 

23 pursuant to such authority may be used by the Cor24 poration to post personnel abroad or for activities 

25 described in section 1421(c) of the BUILD Act of 


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1 2018: Provided further, That funds appropriated by 

2 this Act or prior Acts making appropriations for the 

3 Department of State, foreign operations, and related 

4 programs to implement the Nita M. Lowey Middle 

5 East Partnership for Peace Act shall be excluded 

6 from the limitation contained in this paragraph. 

7 (2) TRANSFER OF FUNDS FROM MILLENNIUM

8 CHALLENGE CORPORATION.—Funds appropriated 

9 under the heading ‘‘Millennium Challenge Corpora10 tion’’ in this Act or prior Acts making appropria11 tions for the Department of State, foreign oper12 ations, and related programs may be transferred to, 

13 and merged with, amounts under the heading 

14 ‘‘United States International Development Finance 

15 Corporation—Program Account’’ and, when so 

16 transferred and merged, may be used for the costs 

17 of loans and guaranties provided by the United 

18 States International Development Finance Corpora19 tion pursuant to section 1421(b) of the BUILD Act 

20 and shall be subject to the limitations provided in 

21 the second, third, and fourth provisos under the 

22 heading ‘‘United States International Development 

23 Finance Corporation—Program Account’’ in this 

24 Act: Provided, That such funds shall not be available 

25 for administrative expenses of the United States 


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1 International Development Finance Corporation: 

2 Provided further, That such authority shall be sub3 ject to prior consultation with, and the regular noti4 fication procedures of, the Committees on Appro5 priations: Provided further, That such transfers shall 

6 be excluded from the limitation under paragraph (1): 

7 Provided further, That the transfer authority pro8 vided in this section is in addition to any other 

9 transfer authority provided by law. 

10 (d) TRANSFER OF FUNDS BETWEEN ACCOUNTS.— 

11 None of the funds made available under titles II through 

12 V of this Act may be obligated under an appropriations 

13 account to which such funds were not appropriated, except 

14 for transfers specifically provided for in this Act, unless 

15 the President, not less than 5 days prior to the exercise 

16 of any authority contained in the Foreign Assistance Act 

17 of 1961 to transfer funds, consults with and provides a 

18 written policy justification to the Committees on Appro19 priations. 

20 (e) AUDIT OF INTER-AGENCY TRANSFERS OF

21 FUNDS.—Any agreement for the transfer or allocation of 

22 funds appropriated by this Act or prior Acts making ap23 propriations for the Department of State, foreign oper24 ations, and related programs entered into between the De25 partment of State or USAID and another agency of the 


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1 United States Government under the authority of section 

2 632(a) of the Foreign Assistance Act of 1961, or any com3 parable provision of law, shall expressly provide that the 

4 Inspector General (IG) for the agency receiving the trans5 fer or allocation of such funds, or other entity with audit 

6 responsibility if the receiving agency does not have an IG, 

7 shall perform periodic program and financial audits of the 

8 use of such funds and report to the Department of State 

9 or USAID, as appropriate, upon completion of such au10 dits: Provided, That such audits shall be transmitted to 

11 the Committees on Appropriations by the Department of 

12 State or USAID, as appropriate: Provided further, That 

13 funds transferred under such authority may be made 

14 available for the cost of such audits. 

15 PROHIBITION AND LIMITATION ON CERTAIN EXPENSES

16 SEC. 7010. (a) COMPUTER NETWORKS.—None of the 

17 funds made available by this Act for the operating ex18 penses of any United States Government department or 

19 agency may be used to establish or maintain a computer 

20 network for use by such department or agency unless such 

21 network has filters designed to block access to sexually 

22 explicit websites: Provided, That nothing in this subsection 

23 shall limit the use of funds necessary for any Federal, 

24 State, tribal, or local law enforcement agency, or any other 

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1 tigations, prosecutions, and adjudications; administrative 

2 discipline; and the monitoring of such websites undertaken 

3 as part of official business. 

4 (b) PROHIBITION ON PROMOTION OF TOBACCO.— 

5 None of the funds made available by this Act shall be 

6 available to promote the sale or export of tobacco or to7 bacco products (including electronic nicotine delivery sys8 tems), or to seek the reduction or removal by any foreign 

9 country of restrictions on the marketing of tobacco or to10 bacco products (including electronic nicotine delivery sys11 tems), except for restrictions which are not applied equally 

12 to all tobacco or tobacco products (including electronic nic13 otine delivery systems) of the same type. 

14 (c) REPRESENTATION AND ENTERTAINMENT EX15 PENSES.—Each Federal department, agency, or entity 

16 funded in titles I or II of this Act, and the Department 

17 of the Treasury and independent agencies funded in titles 

18 III or VI of this Act, shall take steps to ensure that do19 mestic and overseas representation and entertainment ex20 penses further official agency business and United States 

21 foreign policy interests, and— 

22 (1) are primarily for fostering relations outside 

23 of the Executive Branch; 

24 (2) are principally for meals and events of a 

25 protocol nature; 


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1 (3) are not for employee-only events; and 

2 (4) do not include activities that are substan3 tially of a recreational character. 

4 (d) LIMITATIONS ON ENTERTAINMENT EXPENSES.— 

5 None of the funds appropriated or otherwise made avail6 able by this Act under the headings ‘‘International Mili7 tary Education and Training’’ or ‘‘Foreign Military Fi8 nancing Program’’ for Informational Program activities or 

9 under the headings ‘‘Global Health Programs’’, ‘‘Develop10 ment Assistance’’, ‘‘Economic Support Fund’’, and ‘‘As11 sistance for Europe, Eurasia and Central Asia’’ may be 

12 obligated or expended to pay for— 

13 (1) alcoholic beverages; or 

14 (2) entertainment expenses for activities that 

15 are substantially of a recreational character, includ16 ing entrance fees at sporting events, theatrical and 

17 musical productions, and amusement parks. 

18 AVAILABILITY OF FUNDS

19 SEC. 7011. No part of any appropriation contained 

20 in this Act shall remain available for obligation after the 

21 expiration of the current fiscal year unless expressly so 

22 provided by this Act: Provided, That funds appropriated 

23 for the purposes of chapters 1 and 8 of part I, section 

24 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 

25 Assistance Act of 1961, section 23 of the Arms Export 


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1 Control Act (22 U.S.C. 2763), and funds made available 

2 for ‘‘United States International Development Finance 

3 Corporation’’ and under the heading ‘‘Assistance for Eu4 rope, Eurasia and Central Asia’’ shall remain available for 

5 an additional 4 years from the date on which the avail6 ability of such funds would otherwise have expired, if such 

7 funds are initially obligated before the expiration of their 

8 respective periods of availability contained in this Act: 

9 Provided further, That notwithstanding any other provi10 sion of this Act, any funds made available for the purposes 

11 of chapter 1 of part I and chapter 4 of part II of the 

12 Foreign Assistance Act of 1961 which are allocated or ob13 ligated for cash disbursements in order to address balance 

14 of payments or economic policy reform objectives, shall re15 main available for an additional 4 years from the date on 

16 which the availability of such funds would otherwise have 

17 expired, if such funds are initially allocated or obligated 

18 before the expiration of their respective periods of avail19 ability contained in this Act: Provided further, That the 

20 Secretary of State and the Administrator of the United 

21 States Agency for International Development shall provide 

22 a report to the Committees on Appropriations not later 

23 than October 31, 2022, detailing by account and source 

24 year, the use of this authority during the previous fiscal 

25 year. 


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1 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

2 SEC. 7012. No part of any appropriation provided 

3 under titles III through VI in this Act shall be used to 

4 furnish assistance to the government of any country which 

5 is in default during a period in excess of 1 calendar year 

6 in payment to the United States of principal or interest 

7 on any loan made to the government of such country by 

8 the United States pursuant to a program for which funds 

9 are appropriated under this Act unless the President de10 termines, following consultation with the Committees on 

11 Appropriations, that assistance for such country is in the 

12 national interest of the United States. 

13 PROHIBITION ON TAXATION OF UNITED STATES

14 ASSISTANCE

15 SEC. 7013. (a) PROHIBITION ON TAXATION.—None 

16 of the funds appropriated under titles III through VI of 

17 this Act may be made available to provide assistance for 

18 a foreign country under a new bilateral agreement gov19 erning the terms and conditions under which such assist20 ance is to be provided unless such agreement includes a 

21 provision stating that assistance provided by the United 

22 States shall be exempt from taxation, or reimbursed, by 

23 the foreign government, and the Secretary of State and 

24 the Administrator of the United States Agency for Inter25 national Development shall expeditiously seek to negotiate 


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1 amendments to existing bilateral agreements, as nec2 essary, to conform with this requirement. 

3 (b) NOTIFICATION AND REIMBURSEMENT OF FOR4 EIGN TAXES.—An amount equivalent to 200 percent of 

5 the total taxes assessed during fiscal year 2022 on funds 

6 appropriated by this Act and prior Acts making appropria7 tions for the Department of State, foreign operations, and 

8 related programs by a foreign government or entity 

9 against United States assistance programs, either directly 

10 or through grantees, contractors, and subcontractors, shall 

11 be withheld from obligation from funds appropriated for 

12 assistance for fiscal year 2023 and for prior fiscal years 

13 and allocated for the central government of such country 

14 or for the West Bank and Gaza program, as applicable, 

15 if, not later than September 30, 2023, such taxes have 

16 not been reimbursed: Provided, That the Secretary of 

17 State shall report to the Committees on Appropriations 

18 not later than 30 days after enactment of this Act and 

19 then quarterly thereafter until September 30, 2022, on the 

20 foreign governments and entities that have not reimbursed 

21 such taxes, including any amount of funds withheld pursu22 ant to this subsection. 

23 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 

24 minimis nature shall not be subject to the provisions of 

25 subsection (b). 


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1 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

2 from obligation for each foreign government or entity pur3 suant to subsection (b) shall be reprogrammed for assist4 ance for countries which do not assess taxes on United 

5 States assistance or which have an effective arrangement 

6 that is providing substantial reimbursement of such taxes, 

7 and that can reasonably accommodate such assistance in 

8 a programmatically responsible manner. 

9 (e) DETERMINATIONS.— 

10 (1) IN GENERAL.—The provisions of this sec11 tion shall not apply to any foreign government or en12 tity that assesses such taxes if the Secretary of 

13 State reports to the Committees on Appropriations 

14 that— 

15 (A) such foreign government or entity has 

16 an effective arrangement that is providing sub17 stantial reimbursement of such taxes; or 

18 (B) the foreign policy interests of the 

19 United States outweigh the purpose of this sec20 tion to ensure that United States assistance is 

21 not subject to taxation. 

22 (2) CONSULTATION.—The Secretary of State 

23 shall consult with the Committees on Appropriations 

24 at least 15 days prior to exercising the authority of 


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1 this subsection with regard to any foreign govern2 ment or entity. 

3 (f) IMPLEMENTATION.—The Secretary of State shall 

4 issue and update rules, regulations, or policy guidance, as 

5 appropriate, to implement the prohibition against the tax6 ation of assistance contained in this section. 

7 (g) DEFINITIONS.—As used in this section: 

8 (1) BILATERAL AGREEMENT.—The term ‘‘bilat9 eral agreement’’ refers to a framework bilateral 

10 agreement between the Government of the United 

11 States and the government of the country receiving 

12 assistance that describes the privileges and immuni13 ties applicable to United States foreign assistance 

14 for such country generally, or an individual agree15 ment between the Government of the United States 

16 and such government that describes, among other 

17 things, the treatment for tax purposes that will be 

18 accorded the United States assistance provided 

19 under that agreement. 

20 (2) TAXES AND TAXATION.—The term ‘‘taxes 

21 and taxation’’ shall include value added taxes and 

22 customs duties but shall not include individual in23 come taxes assessed to local staff. 


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1 RESERVATIONS OF FUNDS

2 SEC. 7014. (a) REPROGRAMMING.—Funds appro3 priated under titles III through VI of this Act which are 

4 specifically designated may be reprogrammed for other 

5 programs within the same account notwithstanding the 

6 designation if compliance with the designation is made im7 possible by operation of any provision of this or any other 

8 Act: Provided, That any such reprogramming shall be sub9 ject to the regular notification procedures of the Commit10 tees on Appropriations: Provided further, That assistance 

11 that is reprogrammed pursuant to this subsection shall be 

12 made available under the same terms and conditions as 

13 originally provided. 

14 (b) EXTENSION OF AVAILABILITY.—In addition to 

15 the authority contained in subsection (a), the original pe16 riod of availability of funds appropriated by this Act and 

17 administered by the Department of State or the United 

18 States Agency for International Development that are spe19 cifically designated for particular programs or activities by 

20 this or any other Act may be extended for an additional 

21 fiscal year if the Secretary of State or the USAID Admin22 istrator, as appropriate, determines and reports promptly 

23 to the Committees on Appropriations that the termination 

24 of assistance to a country or a significant change in cir25 cumstances makes it unlikely that such designated funds 


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1 can be obligated during the original period of availability: 

2 Provided, That such designated funds that continue to be 

3 available for an additional fiscal year shall be obligated 

4 only for the purpose of such designation. 

5 (c) OTHER ACTS.—Ceilings and specifically des6 ignated funding levels contained in this Act shall not be 

7 applicable to funds or authorities appropriated or other8 wise made available by any subsequent Act unless such 

9 Act specifically so directs: Provided, That specifically des10 ignated funding levels or minimum funding requirements 

11 contained in any other Act shall not be applicable to funds 

12 appropriated by this Act. 

13 NOTIFICATION REQUIREMENTS

14 SEC. 7015. (a) NOTIFICATION OF CHANGES IN PRO15 GRAMS, PROJECTS, AND ACTIVITIES.—None of the funds 

16 made available in titles I, II, and VI, and under the head17 ings ‘‘Peace Corps’’ and ‘‘Millennium Challenge Corpora18 tion’’, of this Act or prior Acts making appropriations for 

19 the Department of State, foreign operations, and related 

20 programs to the departments and agencies funded by this 

21 Act that remain available for obligation in fiscal year 

22 2022, or provided from any accounts in the Treasury of 

23 the United States derived by the collection of fees or of 

24 currency reflows or other offsetting collections, or made 


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1 available by transfer, to the departments and agencies 

2 funded by this Act, shall be available for obligation to— 

3 (1) create new programs; 

4 (2) suspend or eliminate a program, project, or 

5 activity; 

6 (3) close, suspend, open, or reopen a mission or 

7 post; 

8 (4) create, close, reorganize, downsize, or re9 name bureaus, centers, or offices; or 

10 (5) contract out or privatize any functions or 

11 activities presently performed by Federal employees; 

12 unless previously justified to the Committees on Appro13 priations or such Committees are notified 15 days in ad14 vance of such obligation. 

15 (b) NOTIFICATION OF REPROGRAMMING OF

16 FUNDS.—None of the funds provided under titles I, II, 

17 and VI of this Act or prior Acts making appropriations 

18 for the Department of State, foreign operations, and re19 lated programs, to the departments and agencies funded 

20 under such titles that remain available for obligation in 

21 fiscal year 2022, or provided from any accounts in the 

22 Treasury of the United States derived by the collection 

23 of fees available to the department and agency funded 

24 under title I of this Act, shall be available for obligation 

25 or expenditure for programs, projects, or activities 


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1 through a reprogramming of funds in excess of 

2 $1,000,000 or 10 percent, whichever is less, that— 

3 (1) augments or changes existing programs, 

4 projects, or activities; 

5 (2) relocates an existing office or employees; 

6 (3) reduces by 10 percent funding for any exist7 ing program, project, or activity, or numbers of per8 sonnel by 10 percent as approved by Congress; or 

9 (4) results from any general savings, including 

10 savings from a reduction in personnel, which would 

11 result in a change in existing programs, projects, or 

12 activities as approved by Congress; 

13 unless the Committees on Appropriations are notified 15 

14 days in advance of such reprogramming of funds. 

15 (c) NOTIFICATION REQUIREMENT.—None of the 

16 funds made available by this Act under the headings 

17 ‘‘Global Health Programs’’, ‘‘Development Assistance’’, 

18 ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assist19 ance for Europe, Eurasia and Central Asia’’, ‘‘Peace 

20 Corps’’, ‘‘Millennium Challenge Corporation’’, ‘‘Inter21 national Narcotics Control and Law Enforcement’’, ‘‘Non22 proliferation, Anti-terrorism, Demining and Related Pro23 grams’’, ‘‘Peacekeeping Operations’’, ‘‘International Mili24 tary Education and Training’’, ‘‘Foreign Military Financ25 ing Program’’, ‘‘International Organizations and ProVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 grams’’, ‘‘United States International Development Fi2 nance Corporation’’, and ‘‘Trade and Development Agen3 cy’’ shall be available for obligation for programs, projects, 

4 activities, type of materiel assistance, countries, or other 

5 operations not justified or in excess of the amount justi6 fied to the Committees on Appropriations for obligation 

7 under any of these specific headings unless the Commit8 tees on Appropriations are notified 15 days in advance of 

9 such obligation: Provided, That the President shall not 

10 enter into any commitment of funds appropriated for the 

11 purposes of section 23 of the Arms Export Control Act 

12 for the provision of major defense equipment, other than 

13 conventional ammunition, or other major defense items 

14 defined to be aircraft, ships, missiles, or combat vehicles, 

15 not previously justified to Congress or 20 percent in excess 

16 of the quantities justified to Congress unless the Commit17 tees on Appropriations are notified 15 days in advance of 

18 such commitment: Provided further, That requirements of 

19 this subsection or any similar provision of this or any 

20 other Act shall not apply to any reprogramming for a pro21 gram, project, or activity for which funds are appropriated 

22 under titles III through VI of this Act of less than 10 

23 percent of the amount previously justified to Congress for 

24 obligation for such program, project, or activity for the 

25 current fiscal year: Provided further, That any notification 


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1 submitted pursuant to subsection (f) of this section shall 

2 include information (if known on the date of transmittal 

3 of such notification) on the use of notwithstanding author4 ity. 

5 (d) DEPARTMENT OF DEFENSE PROGRAMS AND

6 FUNDING NOTIFICATIONS.— 

7 (1) PROGRAMS.—None of the funds appro8 priated by this Act or prior Acts making appropria9 tions for the Department of State, foreign oper10 ations, and related programs may be made available 

11 to support or continue any program initially funded 

12 under any authority of title 10, United States Code, 

13 or any Act making or authorizing appropriations for 

14 the Department of Defense, unless the Secretary of 

15 State, in consultation with the Secretary of Defense 

16 and in accordance with the regular notification pro17 cedures of the Committees on Appropriations, sub18 mits a justification to such Committees that includes 

19 a description of, and the estimated costs associated 

20 with, the support or continuation of such program. 

21 (2) FUNDING.—Notwithstanding any other pro22 vision of law, funds transferred by the Department 

23 of Defense to the Department of State and the 

24 United States Agency for International Development 

25 for assistance for foreign countries and international 


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1 organizations shall be subject to the regular notifica2 tion procedures of the Committees on Appropria3 tions. 

4 (3) NOTIFICATION ON EXCESS DEFENSE ARTI5 CLES.—Prior to providing excess Department of De6 fense articles in accordance with section 516(a) of 

7 the Foreign Assistance Act of 1961, the Department 

8 of Defense shall notify the Committees on Appro9 priations to the same extent and under the same 

10 conditions as other committees pursuant to sub11 section (f) of that section: Provided, That before 

12 issuing a letter of offer to sell excess defense articles 

13 under the Arms Export Control Act, the Department 

14 of Defense shall notify the Committees on Appro15 priations in accordance with the regular notification 

16 procedures of such Committees if such defense arti17 cles are significant military equipment (as defined in 

18 section 47(9) of the Arms Export Control Act) or 

19 are valued (in terms of original acquisition cost) at 

20 $7,000,000 or more, or if notification is required 

21 elsewhere in this Act for the use of appropriated 

22 funds for specific countries that would receive such 

23 excess defense articles: Provided further, That such 

24 Committees shall also be informed of the original ac25 quisition cost of such defense articles. 


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1 (e) WAIVER.—The requirements of this section or 

2 any similar provision of this Act or any other Act, includ3 ing any prior Act requiring notification in accordance with 

4 the regular notification procedures of the Committees on 

5 Appropriations, may be waived if failure to do so would 

6 pose a substantial risk to human health or welfare: Pro7 vided, That in case of any such waiver, notification to the 

8 Committees on Appropriations shall be provided as early 

9 as practicable, but in no event later than 3 days after tak10 ing the action to which such notification requirement was 

11 applicable, in the context of the circumstances necessi12 tating such waiver: Provided further, That any notification 

13 provided pursuant to such a waiver shall contain an expla14 nation of the emergency circumstances. 

15 (f) COUNTRY NOTIFICATION REQUIREMENTS.—None 

16 of the funds appropriated under titles III through VI of 

17 this Act may be obligated or expended for assistance for 

18 Afghanistan, Bahrain, Bangladesh, Burma, Cambodia, 

19 Colombia, Cuba, Egypt, El Salvador, Ethiopia, Greenland, 

20 Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, 

21 Mexico, Nicaragua, Pakistan, Philippines, the Russian 

22 Federation, Rwanda, Somalia, South Sudan, Sri Lanka, 

23 Sudan, Syria, Tunisia, Uganda, Uzbekistan, Venezuela, 

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1 ular notification procedures of the Committees on Appro2 priations. 

3 (g) TRUST FUNDS.—Funds appropriated or other4 wise made available in title III of this Act and prior Acts 

5 making funds available for the Department of State, for6 eign operations, and related programs that are made avail7 able for a trust fund held by an international financial 

8 institution shall be subject to the regular notification pro9 cedures of the Committees on Appropriations, and such 

10 notification shall include the information specified under 

11 the heading ‘‘Notification Requirements’’ in the explana12 tory statement accompanying this Act. 

13 (h) OTHER PROGRAM NOTIFICATION REQUIRE14 MENT.— 

15 (1) DIPLOMATIC PROGRAMS.—Funds appro16 priated under title I of this Act under the heading 

17 ‘‘Diplomatic Programs’’ that are made available for 

18 lateral entry into the Foreign Service shall be sub19 ject to prior consultation with, and the regular noti20 fication procedures of, the Committees on Appro21 priations. 

22 (2) OTHER PROGRAMS.—Funds appropriated by 

23 this Act that are made available for the following 

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1 ular notification procedures of the Committees on 

2 Appropriations: 

3 (A) the Global Engagement Center; 

4 (B) the Power Africa and Prosper Africa 

5 initiatives; 

6 (C) community-based police assistance con7 ducted pursuant to the authority of section 

8 7035(a)(1) of this Act; 

9 (D) the Prevention and Stabilization Fund 

10 and the Multi-Donor Global Fragility Fund; 

11 (E) the Indo-Pacific Strategy; 

12 (F) the Countering PRC Influence Fund 

13 and the Countering Russian Influence Fund; 

14 and 

15 (G) the Gender Equity and Equality Ac16 tion Fund. 

17 (3) DEMOCRACY PROGRAM POLICY AND PROCE18 DURES.—Modifications to democracy program policy 

19 and procedures, including relating to the use of con20 sortia, by the Department of State and USAID shall 

21 be subject to prior consultation with, and the regular 

22 notification procedures of, the Committees on Ap23 propriations. 

24 (4) ARMS SALES.—The reports, notifications, 

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1 quired to be submitted pursuant to section 36(a) of 

2 the Arms Export Control Act (22 U.S.C. 2776), and 

3 such documents submitted pursuant to section 36(b) 

4 through (d) of such Act with respect to countries 

5 that have received assistance provided with funds 

6 appropriated by this Act or prior Acts making ap7 propriations for the Department of State, foreign 

8 operations, and related programs, shall be concur9 rently submitted to the Committees on Appropria10 tions and shall include information about the source 

11 of funds for any sale or transfer, as applicable, if 

12 known at the time of submission. 

13 (i) WITHHOLDING OF FUNDS.—Funds appropriated 

14 by this Act under titles III and IV that are withheld from 

15 obligation or otherwise not programmed as a result of ap16 plication of a provision of law in this or any other Act 

17 shall, if reprogrammed, be subject to the regular notifica18 tion procedures of the Committees on Appropriations. 

19 (j) PRIOR CONSULTATION REQUIREMENT.—The Sec20 retary of State, the Administrator of the United States 

21 Agency for International Development, the Chief Execu22 tive Officer of the United States International Develop23 ment Finance Corporation, and the Chief Executive Offi24 cer of the Millennium Challenge Corporation shall consult 

25 with the Committees on Appropriations at least 7 days 


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1 prior to informing a government of, or publically announc2 ing a decision on, the suspension or early termination of 

3 assistance to a country or a territory, including as a result 

4 of an interagency review of such assistance, from funds 

5 appropriated by this Act or prior Acts making appropria6 tions for the Department of State, foreign operations, and 

7 related programs: Provided, That such consultation shall 

8 include a detailed justification for such suspension, includ9 ing a description of the assistance being suspended. 

10 DOCUMENT REQUESTS, RECORDS MANAGEMENT, AND

11 RELATED CYBERSECURITY PROTECTIONS

12 SEC. 7016. (a) DOCUMENT REQUESTS.—None of the 

13 funds appropriated or made available pursuant to titles 

14 III through VI of this Act shall be available to a non15 governmental organization, including any contractor, 

16 which fails to provide upon timely request any document, 

17 file, or record necessary to the auditing requirements of 

18 the Department of State and the United States Agency 

19 for International Development. 

20 (b) RECORDS MANAGEMENT AND RELATED CYBER21 SECURITY PROTECTIONS.—The Secretary of State and 

22 USAID Administrator shall— 

23 (1) regularly review and update the policies, di24 rectives, and oversight necessary to comply with 

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1 tive orders and memoranda concerning the preserva2 tion of all records made or received in the conduct 

3 of official business, including record emails, instant 

4 messaging, and other online tools; 

5 (2) use funds appropriated by this Act under 

6 the headings ‘‘Diplomatic Programs’’ and ‘‘Capital 

7 Investment Fund’’ in title I, and ‘‘Operating Ex8 penses’’ and ‘‘Capital Investment Fund’’ in title II, 

9 as appropriate, to improve Federal records manage10 ment pursuant to the Federal Records Act (44 

11 U.S.C. Chapters 21, 29, 31, and 33) and other ap12 plicable Federal records management statutes, regu13 lations, or policies for the Department of State and 

14 USAID; 

15 (3) direct departing employees, including senior 

16 officials, that all Federal records generated by such 

17 employees belong to the Federal Government; 

18 (4) substantially reduce, compared to the pre19 vious fiscal year, the response time for identifying 

20 and retrieving Federal records, including requests 

21 made pursuant to section 552 of title 5, United 

22 States Code (commonly known as the ‘‘Freedom of 

23 Information Act’’); 

24 (5) strengthen cybersecurity measures to miti25 gate vulnerabilities, including those resulting from 


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1 the use of personal email accounts or servers outside 

2 the .gov domain, improve the process to identify and 

3 remove inactive user accounts, update and enforce 

4 guidance related to the control of national security 

5 information, and implement the recommendations of 

6 the applicable reports of the cognizant Office of In7 spector General; and 

8 (6) not later than September 30, 2022, submit 

9 a report to the Committees on Appropriations de10 scribing actions taken under paragraphs (4) and (5) 

11 of this subsection. 

12 USE OF FUNDS IN CONTRAVENTION OF THIS ACT

13 SEC. 7017. If the President makes a determination 

14 not to comply with any provision of this Act on constitu15 tional grounds, the head of the relevant Federal agency 

16 shall notify the Committees on Appropriations in writing 

17 within 5 days of such determination, the basis for such 

18 determination and any resulting changes to program or 

19 policy. 

20 PROHIBITION ON FUNDING FOR ABORTIONS AND

21 INVOLUNTARY STERILIZATION

22 SEC. 7018. None of the funds made available to carry 

23 out part I of the Foreign Assistance Act of 1961, as 

24 amended, may be used to pay for the performance of abor25 tions as a method of family planning or to motivate or 


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1 coerce any person to practice abortions. None of the funds 

2 made available to carry out part I of the Foreign Assist3 ance Act of 1961, as amended, may be used to pay for 

4 the performance of involuntary sterilization as a method 

5 of family planning or to coerce or provide any financial 

6 incentive to any person to undergo sterilizations. None of 

7 the funds made available to carry out part I of the Foreign 

8 Assistance Act of 1961, as amended, may be used to pay 

9 for any biomedical research which relates in whole or in 

10 part, to methods of, or the performance of, abortions or 

11 involuntary sterilization as a means of family planning. 

12 None of the funds made available to carry out part I of 

13 the Foreign Assistance Act of 1961, as amended, may be 

14 obligated or expended for any country or organization if 

15 the President certifies that the use of these funds by any 

16 such country or organization would violate any of the 

17 above provisions related to abortions and involuntary steri18 lizations. 

19 ALLOCATIONS AND REPORTS

20 SEC. 7019. (a) ALLOCATION TABLES.—Subject to 

21 subsection (b), funds appropriated by this Act under titles 

22 III through V shall be made available in the amounts spe23 cifically designated in the respective tables included in the 

24 explanatory statement accompanying this Act: Provided, 

25 That such designated amounts for foreign countries and 


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1 international organizations shall serve as the amounts for 

2 such countries and international organizations transmitted 

3 to Congress in the report required by section 653(a) of 

4 the Foreign Assistance Act of 1961, and shall be made 

5 available for such foreign countries and international orga6 nizations notwithstanding the date of the transmission of 

7 such report. 

8 (b) AUTHORIZED DEVIATIONS.—Unless otherwise 

9 provided for by this Act, the Secretary of State and the 

10 Administrator of the United States Agency for Inter11 national Development, as applicable, may only deviate up 

12 to 10 percent from the amounts specifically designated in 

13 the respective tables included in the explanatory statement 

14 accompanying this Act: Provided, That such percentage 

15 may be exceeded only if the Secretary of State or USAID 

16 Administrator, as applicable, determines and reports to 

17 the Committees on Appropriations on a case-by-case basis 

18 that such deviation is necessary to respond to significant, 

19 exigent, or unforeseen events, or to address other excep20 tional circumstances directly related to the national inter21 est of the United States, including a description of such 

22 events or circumstances: Provided further, That deviations 

23 pursuant to the preceding proviso shall be subject to prior 

24 consultation with, and the regular notification procedures 

25 of, the Committees on Appropriations. 


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1 (c) LIMITATION.—For specifically designated 

2 amounts that are included, pursuant to subsection (a), in 

3 the report required by section 653(a) of the Foreign As4 sistance Act of 1961, deviations authorized by subsection 

5 (b) may only take place after submission of such report. 

6 (d) EXCEPTIONS.—Subsections (a) and (b) shall not 

7 apply to— 

8 (1) amounts designated for ‘‘International Mili9 tary Education and Training’’ in the table included 

10 in the explanatory statement accompanying this Act; 

11 (2) funds for which the initial period of avail12 ability has expired; and 

13 (3) amounts designated by this Act as min14 imum funding requirements. 

15 (e) REPORTS.—The Secretary of State, USAID Ad16 ministrator, and other designated officials, as appropriate, 

17 shall submit the reports required, in the manner described, 

18 in the explanatory statement accompanying this Act. 

19 (f) CLARIFICATION.—Funds appropriated by this Act 

20 under the headings ‘‘International Disaster Assistance’’ 

21 and ‘‘Migration and Refugee Assistance’’ shall not be in22 cluded for purposes of meeting amounts designated for 

23 countries in this Act or in the explanatory statement ac24 companying this Act, unless such headings are specifically 

25 designated as the source of funds. 


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1 MULTI-YEAR PLEDGES

2 SEC. 7020. None of the funds appropriated or other3 wise made available by this Act may be used to make any 

4 pledge for future year funding for any multilateral or bi5 lateral program funded in titles III through VI of this Act 

6 unless such pledge was: (1) previously justified, including 

7 the projected future year costs, in a congressional budget 

8 justification; (2) included in an Act making appropriations 

9 for the Department of State, foreign operations, and re10 lated programs or previously authorized by an Act of Con11 gress; (3) notified in accordance with the regular notifica12 tion procedures of the Committees on Appropriations, in13 cluding the projected future year costs; or (4) the subject 

14 of prior consultation with the Committees on Appropria15 tions. 

16 PROHIBITION ON ASSISTANCE TO GOVERNMENTS

17 SUPPORTING INTERNATIONAL TERRORISM

18 SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EX19 PORTS.— 

20 (1) PROHIBITION.—None of the funds appro21 priated or otherwise made available under titles III 

22 through VI of this Act may be made available to any 

23 foreign government which provides lethal military 

24 equipment to a country the government of which the 

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1 national terrorism for purposes of section 1754(c) of 

2 the Export Reform Control Act of 2018 (50 U.S.C. 

3 4813(c)): Provided, That the prohibition under this 

4 section with respect to a foreign government shall 

5 terminate 12 months after that government ceases 

6 to provide such military equipment: Provided further, 

7 That this section applies with respect to lethal mili8 tary equipment provided under a contract entered 

9 into after October 1, 1997. 

10 (2) DETERMINATION.—Assistance restricted by 

11 paragraph (1) or any other similar provision of law, 

12 may be furnished if the President determines that to 

13 do so is important to the national interest of the 

14 United States. 

15 (3) REPORT.—Whenever the President makes a 

16 determination pursuant to paragraph (2), the Presi17 dent shall submit to the Committees on Appropria18 tions a report with respect to the furnishing of such 

19 assistance, including a detailed explanation of the 

20 assistance to be provided, the estimated dollar 

21 amount of such assistance, and an explanation of 

22 how the assistance furthers the United States na23 tional interest. 

24 (b) BILATERAL ASSISTANCE.— 


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1 (1) LIMITATIONS.—Funds appropriated for bi2 lateral assistance in titles III through VI of this Act 

3 and funds appropriated under any such title in prior 

4 Acts making appropriations for the Department of 

5 State, foreign operations, and related programs, 

6 shall not be made available to any foreign govern7 ment which the President determines— 

8 (A) grants sanctuary from prosecution to 

9 any individual or group which has committed 

10 an act of international terrorism; 

11 (B) otherwise supports international ter12 rorism; or 

13 (C) is controlled by an organization des14 ignated as a terrorist organization under sec15 tion 219 of the Immigration and Nationality 

16 Act (8 U.S.C. 1189). 

17 (2) WAIVER.—The President may waive the ap18 plication of paragraph (1) to a government if the 

19 President determines that national security or hu20 manitarian reasons justify such waiver: Provided, 

21 That the President shall publish each such waiver in 

22 the Federal Register and, at least 15 days before the 

23 waiver takes effect, shall notify the Committees on 

24 Appropriations of the waiver (including the justifica25 tion for the waiver) in accordance with the regular 


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1 notification procedures of the Committees on Appro2 priations. 

3 AUTHORIZATION REQUIREMENTS

4 SEC. 7022. Funds appropriated by this Act, except 

5 funds appropriated under the heading ‘‘Trade and Devel6 opment Agency’’, may be obligated and expended notwith7 standing section 10 of Public Law 91–672 (22 U.S.C. 

8 2412), section 15 of the State Department Basic Authori9 ties Act of 1956 (22 U.S.C. 2680), section 313 of the For10 eign Relations Authorization Act, Fiscal Years 1994 and 

11 1995 (22 U.S.C. 6212), and section 504(a)(1) of the Na12 tional Security Act of 1947 (50 U.S.C. 3094(a)(1)). 

13 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

14 SEC. 7023. For the purpose of titles II through VI 

15 of this Act ‘‘program, project, and activity’’ shall be de16 fined at the appropriations Act account level and shall in17 clude all appropriations and authorizations Acts funding 

18 directives, ceilings, and limitations with the exception that 

19 for the ‘‘Economic Support Fund’’, ‘‘Assistance for Eu20 rope, Eurasia and Central Asia’’, and ‘‘Foreign Military 

21 Financing Program’’ accounts, ‘‘program, project, and ac22 tivity’’ shall also be considered to include country, re23 gional, and central program level funding within each such 

24 account, and for the development assistance accounts of 

25 the United States Agency for International Development, 


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1 ‘‘program, project, and activity’’ shall also be considered 

2 to include central, country, regional, and program level 

3 funding, either as— 

4 (1) justified to Congress; or 

5 (2) allocated by the Executive Branch in ac6 cordance with the report required by section 653(a) 

7 of the Foreign Assistance Act of 1961 or as modi8 fied pursuant to section 7019 of this Act. 

9 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

10 FOUNDATION, AND UNITED STATES AFRICAN DEVEL11 OPMENT FOUNDATION

12 SEC. 7024. Unless expressly provided to the contrary, 

13 provisions of this or any other Act, including provisions 

14 contained in prior Acts authorizing or making appropria15 tions for the Department of State, foreign operations, and 

16 related programs, shall not be construed to prohibit activi17 ties authorized by or conducted under the Peace Corps 

18 Act, the Inter-American Foundation Act, or the African 

19 Development Foundation Act: Provided, That prior to con20 ducting activities in a country for which assistance is pro21 hibited, the agency shall consult with the Committees on 

22 Appropriations and report to such Committees within 15 

23 days of taking such action. 


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1 COMMERCE, TRADE AND SURPLUS COMMODITIES

2 SEC. 7025. (a) WORLD MARKETS.—None of the 

3 funds appropriated or made available pursuant to titles 

4 III through VI of this Act for direct assistance and none 

5 of the funds otherwise made available to the Export-Im6 port Bank and the United States International Develop7 ment Finance Corporation shall be obligated or expended 

8 to finance any loan, any assistance, or any other financial 

9 commitments for establishing or expanding production of 

10 any commodity for export by any country other than the 

11 United States, if the commodity is likely to be in surplus 

12 on world markets at the time the resulting productive ca13 pacity is expected to become operative and if the assist14 ance will cause substantial injury to United States pro15 ducers of the same, similar, or competing commodity: Pro16 vided, That such prohibition shall not apply to the Export17 Import Bank if in the judgment of its Board of Directors 

18 the benefits to industry and employment in the United 

19 States are likely to outweigh the injury to United States 

20 producers of the same, similar, or competing commodity, 

21 and the Chairman of the Board so notifies the Committees 

22 on Appropriations: Provided further, That this subsection 

23 shall not prohibit— 

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1 ciation, is not eligible for assistance from the Inter2 national Bank for Reconstruction and Development, 

3 and does not export on a consistent basis the agri4 cultural commodity with respect to which assistance 

5 is furnished; or 

6 (2) activities in a country the President deter7 mines is recovering from widespread conflict, a hu8 manitarian crisis, or a complex emergency. 

9 (b) EXPORTS.—None of the funds appropriated by 

10 this or any other Act to carry out chapter 1 of part I 

11 of the Foreign Assistance Act of 1961 shall be available 

12 for any testing or breeding feasibility study, variety im13 provement or introduction, consultancy, publication, con14 ference, or training in connection with the growth or pro15 duction in a foreign country of an agricultural commodity 

16 for export which would compete with a similar commodity 

17 grown or produced in the United States: Provided, That 

18 this subsection shall not prohibit— 

19 (1) activities designed to increase food security 

20 in developing countries where such activities will not 

21 have a significant impact on the export of agricul22 tural commodities of the United States; 

23 (2) research activities intended primarily to 

24 benefit United States producers; 


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1 (3) activities in a country that is eligible for as2 sistance from the International Development Asso3 ciation, is not eligible for assistance from the Inter4 national Bank for Reconstruction and Development, 

5 and does not export on a consistent basis the agri6 cultural commodity with respect to which assistance 

7 is furnished; or 

8 (4) activities in a country the President deter9 mines is recovering from widespread conflict, a hu10 manitarian crisis, or a complex emergency. 

11 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.— 

12 The Secretary of the Treasury shall instruct the United 

13 States executive director of each international financial in14 stitution to use the voice and vote of the United States 

15 to oppose any assistance by such institution, using funds 

16 appropriated or otherwise made available by this Act, for 

17 the production or extraction of any commodity or mineral 

18 for export, if it is in surplus on world markets and if the 

19 assistance will cause substantial injury to United States 

20 producers of the same, similar, or competing commodity. 

21 SEPARATE ACCOUNTS

22 SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL

23 CURRENCIES.— 

24 (1) AGREEMENTS.—If assistance is furnished to 

25 the government of a foreign country under chapters 


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1 1 and 10 of part I or chapter 4 of part II of the 

2 Foreign Assistance Act of 1961 under agreements 

3 which result in the generation of local currencies of 

4 that country, the Administrator of the United States 

5 Agency for International Development shall— 

6 (A) require that local currencies be depos7 ited in a separate account established by that 

8 government; 

9 (B) enter into an agreement with that gov10 ernment which sets forth— 

11 (i) the amount of the local currencies 

12 to be generated; and 

13 (ii) the terms and conditions under 

14 which the currencies so deposited may be 

15 utilized, consistent with this section; and 

16 (C) establish by agreement with that gov17 ernment the responsibilities of USAID and that 

18 government to monitor and account for deposits 

19 into and disbursements from the separate ac20 count. 

21 (2) USES OF LOCAL CURRENCIES.—As may be 

22 agreed upon with the foreign government, local cur23 rencies deposited in a separate account pursuant to 

24 subsection (a), or an equivalent amount of local cur25 rencies, shall be used only— 


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1 (A) to carry out chapter 1 or 10 of part 

2 I or chapter 4 of part II of the Foreign Assist3 ance Act of 1961 (as the case may be), for such 

4 purposes as— 

5 (i) project and sector assistance activi6 ties; or 

7 (ii) debt and deficit financing; or 

8 (B) for the administrative requirements of 

9 the United States Government. 

10 (3) PROGRAMMING ACCOUNTABILITY.—USAID 

11 shall take all necessary steps to ensure that the 

12 equivalent of the local currencies disbursed pursuant 

13 to subsection (a)(2)(A) from the separate account 

14 established pursuant to subsection (a)(1) are used 

15 for the purposes agreed upon pursuant to subsection 

16 (a)(2). 

17 (4) TERMINATION OF ASSISTANCE PRO18 GRAMS.—Upon termination of assistance to a coun19 try under chapter 1 or 10 of part I or chapter 4 of 

20 part II of the Foreign Assistance Act of 1961 (as 

21 the case may be), any unencumbered balances of 

22 funds which remain in a separate account estab23 lished pursuant to subsection (a) shall be disposed of 

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1 ernment of that country and the United States Gov2 ernment. 

3 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

4 (1) IN GENERAL.—If assistance is made avail5 able to the government of a foreign country, under 

6 chapter 1 or 10 of part I or chapter 4 of part II of 

7 the Foreign Assistance Act of 1961, as cash transfer 

8 assistance or as nonproject sector assistance, that 

9 country shall be required to maintain such funds in 

10 a separate account and not commingle with any 

11 other funds. 

12 (2) APPLICABILITY OF OTHER PROVISIONS OF

13 LAW.—Such funds may be obligated and expended 

14 notwithstanding provisions of law which are incon15 sistent with the nature of this assistance, including 

16 provisions which are referenced in the Joint Explan17 atory Statement of the Committee of Conference ac18 companying House Joint Resolution 648 (House Re19 port No. 98–1159). 

20 (3) NOTIFICATION.—At least 15 days prior to 

21 obligating any such cash transfer or nonproject sec22 tor assistance, the President shall submit a notifica23 tion through the regular notification procedures of 

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1 posed to be made available will be used, with a dis2 cussion of the United States interests that will be 

3 served by such assistance (including, as appropriate, 

4 a description of the economic policy reforms that will 

5 be promoted by such assistance). 

6 (4) EXEMPTION.—Nonproject sector assistance 

7 funds may be exempt from the requirements of para8 graph (1) only through the regular notification pro9 cedures of the Committees on Appropriations. 

10 ELIGIBILITY FOR ASSISTANCE

11 SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN12 MENTAL ORGANIZATIONS.—Restrictions contained in this 

13 or any other Act with respect to assistance for a country 

14 shall not be construed to restrict assistance in support of 

15 programs of nongovernmental organizations from funds 

16 appropriated by this Act to carry out the provisions of 

17 chapters 1, 10, 11, and 12 of part I and chapter 4 of 

18 part II of the Foreign Assistance Act of 1961 and from 

19 funds appropriated under the heading ‘‘Assistance for Eu20 rope, Eurasia and Central Asia’’: Provided, That before 

21 using the authority of this subsection to furnish assistance 

22 in support of programs of nongovernmental organizations, 

23 the President shall notify the Committees on Appropria24 tions pursuant to the regular notification procedures, in25 cluding a description of the program to be assisted, the 


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1 assistance to be provided, and the reasons for furnishing 

2 such assistance: Provided further, That nothing in this 

3 subsection shall be construed to alter any existing statu4 tory prohibitions against abortion or involuntary steriliza5 tions contained in this or any other Act. 

6 (b) PUBLIC LAW 480.—During fiscal year 2022, re7 strictions contained in this or any other Act with respect 

8 to assistance for a country shall not be construed to re9 strict assistance under the Food for Peace Act (Public 

10 Law 83–480; 7 U.S.C. 1721 et seq.): Provided, That none 

11 of the funds appropriated to carry out title I of such Act 

12 and made available pursuant to this subsection may be 

13 obligated or expended except as provided through the reg14 ular notification procedures of the Committees on Appro15 priations. 

16 (c) EXCEPTION.—This section shall not apply— 

17 (1) with respect to section 620A of the Foreign 

18 Assistance Act of 1961 or any comparable provision 

19 of law prohibiting assistance to countries that sup20 port international terrorism; or 

21 (2) with respect to section 116 of the Foreign 

22 Assistance Act of 1961 or any comparable provision 

23 of law prohibiting assistance to the government of a 

24 country that violates internationally recognized 

25 human rights. 


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1 DISABILITY PROGRAMS

2 SEC. 7028. (a) ASSISTANCE.—Of the funds appro3 priated by this Act under the heading ‘‘Development As4 sistance’’, not less than $20,000,000 shall be made avail5 able for programs and activities administered by the 

6 United States Agency for International Development to 

7 implement a multi-year strategy to address the needs and 

8 protect and promote the rights of people with disabilities 

9 in developing countries, including initiatives that focus on 

10 independent living, economic self-sufficiency, advocacy, 

11 education, employment, transportation, sports, political 

12 and electoral participation, and integration of individuals 

13 with disabilities, including for the cost of translation: Pro14 vided, That of such funds, not less than $5,000,000 shall 

15 be made available to support disability rights advocacy or16 ganizations in developing countries: Provided further, That 

17 the USAID Administrator shall consult with the Commit18 tees on Appropriations on a multi-year strategy prior to 

19 the initial obligation of funds. 

20 (b) MANAGEMENT, OVERSIGHT, AND TECHNICAL

21 SUPPORT.—Of the funds made available pursuant to this 

22 section, 5 percent may be used by USAID for manage23 ment, oversight, and technical support. 


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1 INTERNATIONAL FINANCIAL INSTITUTIONS

2 SEC. 7029. (a) EVALUATIONS AND REPORT.—The 

3 Secretary of the Treasury shall instruct the United States 

4 executive director of each international financial institu5 tion to use the voice of the United States to encourage 

6 such institution to adopt and implement a publicly avail7 able policy, including the strategic use of peer reviews and 

8 external experts, to conduct independent, in-depth evalua9 tions of the effectiveness of at least 35 percent of all loans, 

10 grants, programs, and significant analytical non-lending 

11 activities in advancing the institution’s goals of reducing 

12 poverty and promoting equitable economic growth, con13 sistent with relevant safeguards, to ensure that decisions 

14 to support such loans, grants, programs, and activities are 

15 based on accurate data and objective analysis: Provided, 

16 That not later than 45 days after enactment of this Act, 

17 the Secretary shall submit a report to the Committees on 

18 Appropriations on steps taken in fiscal year 2021 by the 

19 United States executive directors and the international fi20 nancial institutions consistent with this subsection com21 pared to the previous fiscal year. 

22 (b) SAFEGUARDS.— 

23 (1) STANDARD.—The Secretary of the Treasury 

24 shall instruct the United States Executive Director 

25 of the International Bank for Reconstruction and 


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1 Development and the International Development As2 sociation to use the voice and vote of the United 

3 States to oppose any loan, grant, policy, or strategy 

4 if such institution has adopted and is implementing 

5 any social or environmental safeguard relevant to 

6 such loan, grant, policy, or strategy that provides 

7 less protection than World Bank safeguards in effect 

8 on September 30, 2015. 

9 (2) ACCOUNTABILITY, STANDARDS, AND BEST

10 PRACTICES.—The Secretary of the Treasury shall in11 struct the United States executive director of each 

12 international financial institution to use the voice 

13 and vote of the United States to oppose loans or 

14 other financing for projects unless such projects— 

15 (A) provide for accountability and trans16 parency, including the collection, verification, 

17 and publication of beneficial ownership informa18 tion related to extractive industries and on-site 

19 monitoring during the life of the project; 

20 (B) will be developed and carried out in ac21 cordance with best practices regarding environ22 mental conservation, cultural protection, and 

23 empowerment of local populations, including 

24 free, prior and informed consent of affected In25 digenous communities; 


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1 (C) do not provide incentives for, or facili2 tate, forced displacement or other violations of 

3 human rights; and 

4 (D) do not partner with or otherwise in5 volve enterprises owned or controlled by the 

6 armed forces. 

7 (c) COMPENSATION.—None of the funds appro8 priated under title V of this Act may be made as payment 

9 to any international financial institution while the United 

10 States executive director to such institution is com11 pensated by the institution at a rate which, together with 

12 whatever compensation such executive director receives 

13 from the United States, is in excess of the rate provided 

14 for an individual occupying a position at level IV of the 

15 Executive Schedule under section 5315 of title 5, United 

16 States Code, or while any alternate United States execu17 tive director to such institution is compensated by the in18 stitution at a rate in excess of the rate provided for an 

19 individual occupying a position at level V of the Executive 

20 Schedule under section 5316 of title 5, United States 

21 Code. 

22 (d) GOVERNANCE.—The Secretary of the Treasury 

23 shall instruct the United States executive director of each 

24 international financial institution to use the voice and vote 

25 of the United States to— 


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1 (1) oppose loans, grants, credits, guarantees, 

2 and other financing, except to address basic human 

3 needs, to a country if the Secretary has credible in4 formation that the government of such country is 

5 not making consistent progress in reducing corrup6 tion including— 

7 (A) bringing to justice public officials who 

8 have engaged in significant acts of corruption; 

9 (B) supporting judicial independence, in10 cluding the transparent selection of judges; and 

11 (C) protecting the ability of civil society or12 ganizations to advocate for anti-corruption laws 

13 and policies without interference. 

14 (2) include in loan, grant, credit, guarantee, 

15 and other financing agreements benchmarks for im16 provements in borrowing countries’ financial man17 agement and judicial capacity to investigate, pros18 ecute, and punish fraud and corruption; and 

19 (3) promote human rights due diligence and 

20 risk management, as appropriate, in connection with 

21 any loan, grant, policy, or strategy of such institu22 tion as specified under this subsection in the explan23 atory statement accompanying this Act: Provided, 

24 That prior to voting on any such loan, grant, policy, 

25 or strategy the executive director shall consult with 


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1 the Assistant Secretary for Democracy, Human 

2 Rights, and Labor, Department of State, if the exec3 utive director has reason to believe that such loan, 

4 grant, policy, or strategy could result in forced dis5 placement or other violation of human rights. 

6 (e) BENEFICIAL OWNERSHIP INFORMATION.—The 

7 Secretary of the Treasury shall instruct the United States 

8 executive director of each international financial institu9 tion to use the voice of the United States to encourage 

10 such institution to collect, verify, and publish, to the max11 imum extent practicable, beneficial ownership information 

12 (excluding proprietary information) for any corporation or 

13 limited liability company, other than a publicly listed com14 pany, that receives funds from any such financial institu15 tion: Provided, That not later than 45 days after enact16 ment of this Act, the Secretary shall submit a report to 

17 the Committees on Appropriations on steps taken in fiscal 

18 year 2021 by the United States executive directors and 

19 the international financial institutions consistent with this 

20 subsection compared to the previous fiscal year. 

21 (f) WHISTLEBLOWER PROTECTIONS.—The Secretary 

22 of the Treasury shall instruct the United States executive 

23 director of each international financial institution to use 

24 the voice of the United States to encourage each such in25 stitution to effectively implement and enforce policies and 


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1 procedures which meet or exceed best practices in the 

2 United States for the protection of whistleblowers from 

3 retaliation, including— 

4 (1) protection against retaliation for internal 

5 and lawful public disclosure; 

6 (2) legal burdens of proof; 

7 (3) statutes of limitation for reporting retalia8 tion; 

9 (4) access to binding independent adjudicative 

10 bodies, including shared cost and selection external 

11 arbitration; and 

12 (5) results that eliminate the effects of proven 

13 retaliation, including provision for the restoration of 

14 prior employment. 

15 (g) GRIEVANCE MECHANISMS AND PROCEDURES.— 

16 The Secretary of the Treasury or the Secretary of State, 

17 as appropriate, shall instruct the United States executive 

18 director of, or representative to, each international finan19 cial institution, each United Nations agency, and the Or20 ganization of American States to use the voice and vote 

21 of the United States to support the establishment or en22 hancement of independent investigative and adjudicative 

23 mechanisms and procedures which meet or exceed best 

24 practices in the United States, to provide due process and 

25 fair compensation, including the right to reinstatement, 


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1 for employees who are subjected to harassment, discrimi2 nation, retaliation, false allegations, or other misconduct. 

3 (h) CAPITAL INCREASES.—None of the funds appro4 priated by this Act or prior Acts making appropriations 

5 for the Department of State, foreign operations, and re6 lated programs should be made available to support a cap7 ital increase for an international financial institution until 

8 the President submits a budget request for such increase 

9 to the Congress and certifies and reports to the Commit10 tees on Appropriations that— 

11 (1) the institution has completed a thorough 

12 analysis of the development challenges facing the rel13 evant geographical region, the role of the institution 

14 in addressing such challenges and its role relative to 

15 other financing partners, and the steps to be taken 

16 to enhance the efficiency and effectiveness of the in17 stitution; 

18 (2) governors of such institution representing 

19 countries holding a majority of shares of such insti20 tution have voted to support the capital increase; 

21 and 

22 (3) in order for a country to be eligible to re23 ceive a loan, grant, credit, guarantee, or other fi24 nancing resulting from the capital increase, the govVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 ernment of the country is making consistent 

2 progress in reducing corruption including— 

3 (A) bringing to justice public officials who 

4 have engaged in significant acts of corruption; 

5 (B) supporting judicial independence, in6 cluding the transparent selection of judges; and 

7 (C) protecting the ability of civil society or8 ganizations to advocate for anti-corruption laws 

9 and policies without interference. 

10 INSECURE COMMUNICATIONS NETWORKS

11 SEC. 7030. Funds appropriated by this Act shall be 

12 made available for programs, including through the Dig13 ital Connectivity and Cybersecurity Partnership, to— 

14 (1) advance the adoption of secure, next-genera15 tion communications networks and services, includ16 ing 5G, and cybersecurity policies, in countries re17 ceiving assistance under this Act and prior Acts 

18 making appropriations for the Department of State, 

19 foreign operations, and related programs; 

20 (2) counter the establishment of insecure com21 munications networks and services, including 5G, 

22 promoted by the People’s Republic of China and 

23 other state-backed enterprises that are subject to 

24 undue or extrajudicial control by their country of or25 igin; and 


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1 (3) provide policy and technical training on de2 ploying open, interoperable, reliable, and secure net3 works to information communication technology pro4 fessionals in countries receiving assistance under 

5 this Act, as appropriate: 

6 Provided, That such funds may be used to support the 

7 participation of foreign military officials in programs de8 signed to strengthen civilian cybersecurity capacity, fol9 lowing consultation with the Committees on Appropria10 tions. 

11 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

12 SEC. 7031. (a) LIMITATION ON DIRECT GOVERN13 MENT-TO-GOVERNMENT ASSISTANCE.— 

14 (1) REQUIREMENTS.—Funds appropriated by 

15 this Act may be made available for direct govern16 ment-to-government assistance only if the require17 ments included in section 7031(a)(1)(A) through (E) 

18 of the Department of State, Foreign Operations, and 

19 Related Programs Appropriations Act, 2019 (divi20 sion F of Public Law 116–6) are met. 

21 (2) CONSULTATION AND NOTIFICATION.—In 

22 addition to the requirements in paragraph (1), funds 

23 may only be made available for direct government24 to-government assistance subject to prior consulta25 tion with, and the regular notification procedures of, 


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1 the Committees on Appropriations: Provided, That 

2 such notification shall contain an explanation of how 

3 the proposed activity meets the requirements of 

4 paragraph (1): Provided further, That the require5 ments of this paragraph shall only apply to direct 

6 government-to-government assistance in excess of 

7 $10,000,000 and all funds available for cash trans8 fer, budget support, and cash payments to individ9 uals. 

10 (3) SUSPENSION OF ASSISTANCE.—The Admin11 istrator of the United States Agency for Inter12 national Development or the Secretary of State, as 

13 appropriate, shall suspend any direct government-to14 government assistance if the Administrator or the 

15 Secretary has credible information of material mis16 use of such assistance, unless the Administrator or 

17 the Secretary reports to the Committees on Appro18 priations that it is in the national interest of the 

19 United States to continue such assistance, including 

20 a justification, or that such misuse has been appro21 priately addressed. 

22 (4) SUBMISSION OF INFORMATION.—The Sec23 retary of State shall submit to the Committees on 

24 Appropriations, concurrent with the fiscal year 2023 

25 congressional budget justification materials, amounts 


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1 planned for assistance described in paragraph (1) by 

2 country, proposed funding amount, source of funds, 

3 and type of assistance. 

4 (5) DEBT SERVICE PAYMENT PROHIBITION.— 

5 None of the funds made available by this Act may 

6 be used by the government of any foreign country 

7 for debt service payments owed by any country to 

8 any international financial institution. 

9 (b) NATIONAL BUDGET AND CONTRACT TRANS10 PARENCY.— 

11 (1) REPORT RENAMED.—The Fiscal Trans12 parency Report required by section 7031(b)(3) of 

13 the Department of State, Foreign Operations, and 

14 Related Programs Appropriations Act, 2014 (divi15 sion K of Public Law 113–76) shall hereafter be re16 ferred to as the ‘‘Fiscal Transparency and Anti-Cor17 ruption Report’’. 

18 (2) MINIMUM REQUIREMENTS OF FISCAL

19 TRANSPARENCY AND REDUCING CORRUPTION.—The 

20 Secretary of State shall update and strengthen the 

21 ‘‘minimum requirements of fiscal transparency’’ for 

22 each government receiving assistance appropriated 

23 by this Act, as identified in the report required by 

24 section 7031(b) of the Department of State, Foreign 

25 Operations, and Related Programs Appropriations 


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1 Act, 2014 (division K of Public Law 113–76), and 

2 establish, for purposes of the report renamed under 

3 paragraph (1), minimum requirements for reducing 

4 corruption, including bringing to justice public offi5 cials who have engaged in significant acts of corrup6 tion. 

7 (3) DETERMINATION AND REPORT.—For each 

8 government identified pursuant to paragraph (2), 

9 the Secretary of State, not later than 180 days after 

10 enactment of this Act, shall make or update any de11 termination of ‘‘significant progress’’ or ‘‘no signifi12 cant progress’’ in meeting the minimum require13 ments of fiscal transparency and reducing corrup14 tion, and make such determinations publicly avail15 able in an annual ‘‘Fiscal Transparency and Anti16 Corruption Report’’ to be posted on the Department 

17 of State website: Provided, That such report shall 

18 include the elements specified under this section in 

19 the explanatory statement accompanying this Act. 

20 (4) ASSISTANCE.—Funds appropriated by this 

21 Act under the heading ‘‘Economic Support Fund’’ 

22 shall be made available for programs and activities 

23 to assist governments identified in the report ref24 erenced in paragraph (1) in improving budget trans25 parency, including not less than $10,000,000 to supVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 port civil society organizations in such countries that 

2 advocate for laws and policies to improve budget 

3 transparency and reduce corruption. 

4 (c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— 

5 (1) INELIGIBILITY.— 

6 (A) Current and former government offi7 cials, or persons acting for or on behalf of such 

8 an official, and their immediate family mem9 bers, about whom the Secretary of State has 

10 credible information are responsible for or 

11 knowingly complicit in, directly or indirectly, 

12 significant acts of corruption, including corrup13 tion related to the extraction of natural re14 sources, or a serious violation of human rights, 

15 including the unjust or wrongful detention of 

16 members of political parties, journalists, civil 

17 society leaders, locally employed staff of a 

18 United States diplomatic mission, or a United 

19 States citizen or national, shall be ineligible for 

20 entry into the United States. 

21 (B) Concurrent with the application of 

22 subparagraph (A), the Secretary should, as ap23 propriate, request the Secretary of the Treas24 ury, through the Office of Foreign Assets Con25 trol, to apply sanctions authorities in accordVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 ance with United States law to block the trans2 fer of property and interests in property, and 

3 all financial transactions, in the United States 

4 involving any person described in subparagraph 

5 (A). 

6 (C) The Secretary shall also publicly or 

7 privately designate or identify the officials of 

8 foreign governments and their immediate family 

9 members about whom the Secretary has such 

10 credible information without regard to whether 

11 the individual has applied for a visa. 

12 (2) EXCEPTION.—Individuals shall not be ineli13 gible for entry into the United States pursuant to 

14 paragraph (1) if such entry would further important 

15 United States law enforcement objectives or is nec16 essary to permit the United States to fulfill its obli17 gations under the United Nations Headquarters 

18 Agreement: Provided, That nothing in paragraph (1) 

19 shall be construed to derogate from United States 

20 Government obligations under applicable inter21 national agreements. 

22 (3) WAIVER.—The Secretary may waive the ap23 plication of paragraph (1) if the Secretary deter24 mines that the waiver would serve a compelling na25 tional interest or that the circumstances which 


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1 caused the individual to be ineligible have changed 

2 sufficiently. 

3 (4) REPORT.—Not later than 30 days after en4 actment of this Act, and every 90 days thereafter 

5 until September 30, 2022, the Secretary of State 

6 shall submit a report, including a classified annex if 

7 necessary, to the appropriate congressional commit8 tees and the Committees on the Judiciary describing 

9 the information related to corruption or violation of 

10 human rights concerning each of the individuals 

11 found ineligible in the previous 12 months pursuant 

12 to paragraph (1)(A) as well as the individuals who 

13 the Secretary designated or identified pursuant to 

14 paragraph (1)(B), or who would be ineligible but for 

15 the application of paragraph (2), a list of any waiv16 ers provided under paragraph (3), and the justifica17 tion for each waiver. 

18 (5) POSTING OF REPORT.—Any unclassified 

19 portion of the report required under paragraph (4) 

20 shall be posted on the Department of State website. 

21 (6) CLARIFICATION.—For purposes of para22 graphs (1), (4), and (5), the records of the Depart23 ment of State and of diplomatic and consular offices 

24 of the United States pertaining to the issuance or 


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1 refusal of visas or permits to enter the United 

2 States shall not be considered confidential. 

3 (d) EXTRACTION OF NATURAL RESOURCES.— 

4 (1) ASSISTANCE.—Funds appropriated by this 

5 Act shall be made available to promote and support 

6 transparency and accountability of expenditures and 

7 revenues related to the extraction of natural re8 sources, including by strengthening implementation 

9 and monitoring of the Extractive Industries Trans10 parency Initiative, implementing and enforcing sec11 tion 8204 of the Food, Conservation, and Energy 

12 Act of 2008 (Public Law 110–246; 122 Stat. 2052) 

13 and the amendments made by such section, and to 

14 prevent the sale of conflict diamonds and other con15 flict minerals, and for technical assistance to pro16 mote independent audit mechanisms and support 

17 civil society participation in natural resource man18 agement. 

19 (2) PUBLIC DISCLOSURE AND INDEPENDENT

20 AUDITS.—(A) The Secretary of the Treasury shall 

21 instruct the executive director of each international 

22 financial institution to use the voice and vote of the 

23 United States to oppose any assistance by such in24 stitutions (including any loan, credit, grant, or guar25 antee) to any country for the extraction and export 


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1 of a natural resource if the government of such 

2 country has in place laws, regulations, or procedures 

3 to prevent or limit the public disclosure of company 

4 payments as required by United States law, and un5 less such government has adopted laws, regulations, 

6 or procedures in the sector in which assistance is 

7 being considered that: (1) accurately account for and 

8 publicly disclose payments to the government by 

9 companies involved in the extraction and export of 

10 natural resources; (2) include independent auditing 

11 of accounts receiving such payments and the public 

12 disclosure of such audits; and (3) require public dis13 closure of agreement and bidding documents. 

14 (B) The requirements of subparagraph (A) 

15 shall not apply to assistance for the purpose of 

16 building the capacity of such government to meet 

17 the requirements of such subparagraph. 

18 (e) FOREIGN ASSISTANCE WEBSITE.—Funds appro19 priated by this Act under titles I and II, and funds made 

20 available for any independent agency in title III, as appro21 priate, shall be made available to support the provision 

22 of additional information on United States Government 

23 foreign assistance on the ‘‘ForeignAssistance.gov’’ 

24 website: Provided, That all Federal agencies funded under 

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1 ance, upon request and in a timely manner, to the Depart2 ment of State and USAID. 

3 DEMOCRACY PROGRAMS

4 SEC. 7032. (a) FUNDING.— 

5 (1) IN GENERAL.—Of the funds appropriated 

6 by this Act under the headings ‘‘Development As7 sistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy 

8 Fund’’, ‘‘Assistance for Europe, Eurasia and Cen9 tral Asia’’, and ‘‘International Narcotics Control and 

10 Law Enforcement’’, not less than $2,600,000,000 

11 should be made available for democracy programs. 

12 (2) PROGRAMS.—Of the funds made available 

13 for democracy programs under the headings ‘‘Eco14 nomic Support Fund’’ and ‘‘Assistance for Europe, 

15 Eurasia and Central Asia’’ pursuant to paragraph 

16 (1), not less than $102,040,000 shall be made avail17 able to the Bureau of Democracy, Human Rights, 

18 and Labor, Department of State. 

19 (b) AUTHORITIES.— 

20 (1) AVAILABILITY.—Funds made available by 

21 this Act for democracy programs pursuant to sub22 section (a) and under the heading ‘‘National Endow23 ment for Democracy’’ may be made available not24 withstanding any other provision of law, and with 


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1 regard to the National Endowment for Democracy 

2 (NED), any regulation. 

3 (2) BENEFICIARIES.—Funds made available by 

4 this Act for the NED are made available pursuant 

5 to the authority of the National Endowment for De6 mocracy Act (title V of Public Law 98–164), includ7 ing all decisions regarding the selection of bene8 ficiaries. 

9 (c) DEFINITION OF DEMOCRACY PROGRAMS.—For 

10 purposes of funds appropriated by this Act, the term ‘‘de11 mocracy programs’’ means programs that support good 

12 governance, credible and competitive elections, freedom of 

13 expression, association, assembly, and religion, human 

14 rights, labor rights, independent media, and the rule of 

15 law, and that otherwise strengthen the capacity of demo16 cratic political parties, governments, nongovernmental or17 ganizations and institutions, and citizens to support the 

18 development of democratic states and institutions that are 

19 responsive and accountable to citizens. 

20 (d) RESTRICTION ON PRIOR APPROVAL AND DISCLO21 SURE OF NAMES.—With respect to the provision of assist22 ance for democracy programs in this Act, the organiza23 tions implementing such assistance, the specific nature of 

24 that assistance, and the participants in such programs 

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1 ment of any foreign country: Provided, That notwith2 standing the requirements of any bilateral agreement be3 tween the United States and a foreign country, the names 

4 of implementing partners of such programs shall also not 

5 be disclosed to any foreign government the Secretary of 

6 State determines is undemocratic or has engaged in or 

7 condoned harassment, threats, or attacks against such or8 ganizations: Provided further, That the Secretary of State, 

9 in coordination with the Administrator of the United 

10 States Agency for International Development, shall report 

11 to the Committees on Appropriations, not later than 120 

12 days after enactment of this Act, on steps taken by the 

13 Department of State and USAID to comply with the re14 quirements of this subsection. 

15 (e) DIGITAL SECURITY AND COUNTERING

16 DISINFORMATION.—(1) Democracy programs supported 

17 with funds appropriated by this Act under subsection 

18 (a)(1) should include, as appropriate— 

19 (A) a component on digital security to enhance 

20 the safety of implementers and beneficiaries; 

21 (B) assistance for civil society organizations to 

22 counter government surveillance, censorship, and re23 pression by digital means; 


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1 (C) efforts to combat weaponized technology, 

2 including the misuse of social media to spread 

3 disinformation or incite hate; and 

4 (D) measures to prevent the digital manipula5 tion of elections, electoral data, and critical infra6 structure. 

7 (2) Such programs should incorporate activities, 

8 as appropriate, to counter disinformation propagated 

9 by malign actors, including the People’s Republic of 

10 China and the Russian Federation. 

11 (f) INFORMING THE NATIONAL ENDOWMENT FOR

12 DEMOCRACY.—The Assistant Secretary for Democracy, 

13 Human Rights, and Labor, Department of State, and the 

14 Assistant Administrator for Democracy, Conflict, and Hu15 manitarian Assistance, USAID, shall regularly inform the 

16 NED of democracy programs that are planned and sup17 ported with funds made available by this Act and prior 

18 Acts making appropriations for the Department of State, 

19 foreign operations, and related programs. 

20 (g) PROTECTION OF CIVIL SOCIETY ACTIVISTS AND

21 JOURNALISTS, INDEPENDENCE OF THE MEDIA, AND

22 FREEDOM OF EXPRESSION.— 

23 (1) OPERATIONS.—Funds appropriated by this 

24 Act under the heading ‘‘Diplomatic Programs’’ shall 

25 be made available for the Bureau of Democracy, 


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1 Human Rights, and Labor, Department of State, 

2 and funds appropriated under the heading ‘‘Oper3 ating Expenses’’ shall be made available for the Bu4 reau for Development, Democracy, and Innovation, 

5 USAID, for the costs of administering programs to 

6 protect civil society activists and journalists, inde7 pendence of the media, and freedom of expression. 

8 (2) ASSISTANCE.—Of the funds appropriated by 

9 this Act under the headings ‘‘Development Assist10 ance’’, ‘‘Democracy Fund’’, ‘‘Economic Support 

11 Fund’’, and ‘‘Assistance for Europe, Eurasia and 

12 Central Asia’’, not less than $55,000,000 shall be 

13 made available to support and protect civil society 

14 activists and journalists who have been threatened, 

15 harassed, or attacked, including journalists affiliated 

16 with the United States Agency for Global Media, 

17 and to promote and defend independence of the 

18 media and freedom of expression, consistent with the 

19 ‘‘Update of the Action Plan for Protection of Civil 

20 Society Activists and Journalists’’ (March 2021) re21 quired under section 7032(h) of the Department of 

22 State, Foreign Operations, and Related Programs 

23 Appropriations Act, 2021 (division K of Public Law 

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1 ject to prior consultation with the Committees on 

2 Appropriations. 

3 INTERNATIONAL RELIGIOUS FREEDOM

4 SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREE5 DOM OFFICE.—Funds appropriated by this Act under the 

6 heading ‘‘Diplomatic Programs’’ shall be made available 

7 for the Office of International Religious Freedom, Depart8 ment of State. 

9 (b) ASSISTANCE.—Funds appropriated by this Act 

10 under the headings ‘‘Economic Support Fund’’, ‘‘Democ11 racy Fund’’, and ‘‘International Broadcasting Operations’’ 

12 shall be made available for international religious freedom 

13 programs: Provided, That funds made available by this 

14 Act under the headings ‘‘Economic Support Fund’’ and 

15 ‘‘Democracy Fund’’ pursuant to this section shall be the 

16 responsibility of the Ambassador-at-Large for Inter17 national Religious Freedom, in consultation with other rel18 evant United States Government officials, and shall be 

19 subject to prior consultation with the Committees on Ap20 propriations. 

21 (c) AUTHORITY.—Funds appropriated by this Act 

22 and prior Acts making appropriations for the Department 

23 of State, foreign operations, and related programs under 

24 the heading ‘‘Economic Support Fund’’ may be made 

25 available notwithstanding any other provision of law for 


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1 assistance for ethnic and religious minorities, including in 

2 Iraq, Sri Lanka, and Syria. 

3 (d) DESIGNATION OF NON-STATE ACTORS.—Section 

4 7033(e) of the Department of State, Foreign Operations, 

5 and Related Programs Appropriations Act, 2017 (division 

6 J of Public Law 115–31) shall continue in effect during 

7 fiscal year 2022. 

8 SPECIAL PROVISIONS

9 SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHIL10 DREN, AND DISPLACED BURMESE.—Funds appropriated 

11 in title III of this Act that are made available for victims 

12 of war, displaced children, displaced Burmese, and to com13 bat trafficking in persons and assist victims of such traf14 ficking, may be made available notwithstanding any other 

15 provision of law. 

16 (b) FORENSIC ASSISTANCE.— 

17 (1) Of the funds appropriated by this Act under 

18 the heading ‘‘Economic Support Fund’’, not less 

19 than $20,000,000 shall be made available for foren20 sic anthropology assistance related to the exhuma21 tion and identification of victims of war crimes, 

22 crimes against humanity, and genocide, which shall 

23 be administered by the Assistant Secretary for De24 mocracy, Human Rights, and Labor, Department of 

25 State: Provided, That such funds shall be in addition 


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1 to funds made available by this Act and prior Acts 

2 making appropriations for the Department of State, 

3 foreign operations, and related programs for assist4 ance for countries. 

5 (2) Funds appropriated by this Act under the 

6 heading ‘‘International Narcotics Control and Law 

7 Enforcement’’ may be made available for DNA fo8 rensic technology programs to combat human traf9 ficking, including in Central America and Mexico. 

10 (c) ATROCITIES PREVENTION.—Of the funds appro11 priated by this Act under the headings ‘‘Economic Sup12 port Fund’’ and ‘‘International Narcotics Control and 

13 Law Enforcement’’, not less than $5,000,000 shall be 

14 made available for programs to prevent atrocities, includ15 ing to implement recommendations of the Atrocities Pre16 vention Board: Provided, That funds made available pur17 suant to this subsection are in addition to amounts other18 wise made available for such purposes: Provided further, 

19 That such funds shall be subject to the regular notification 

20 procedures of the Committees on Appropriations. 

21 (d) WORLD FOOD PROGRAMME.—Funds managed by 

22 the Bureau for Humanitarian Assistance, United States 

23 Agency for International Development, from this or any 

24 other Act, may be made available as a general contribution 


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1 to the World Food Programme, notwithstanding any other 

2 provision of law. 

3 (e) DIRECTIVES AND AUTHORITIES.— 

4 (1) RESEARCH AND TRAINING.—Funds appro5 priated by this Act under the heading ‘‘Assistance 

6 for Europe, Eurasia and Central Asia’’ should be 

7 made available to carry out the Program for Re8 search and Training on Eastern Europe and the 

9 Independent States of the Former Soviet Union as 

10 authorized by the Soviet-Eastern European Research 

11 and Training Act of 1983 (22 U.S.C. 4501 et seq.). 

12 (2) GENOCIDE VICTIMS MEMORIAL SITES.— 

13 Funds appropriated by this Act and prior Acts mak14 ing appropriations for the Department of State, for15 eign operations, and related programs under the 

16 headings ‘‘Economic Support Fund’’ and ‘‘Assist17 ance for Europe, Eurasia and Central Asia’’ may be 

18 made available as contributions to establish and 

19 maintain memorial sites of genocide, subject to the 

20 regular notification procedures of the Committees on 

21 Appropriations. 

22 (3) PRIVATE SECTOR PARTNERSHIPS.—Of the 

23 funds appropriated by this Act under the headings 

24 ‘‘Development Assistance’’ and ‘‘Economic Support 

25 Fund’’ that are made available for private sector 


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1 partnerships, including partnerships with philan2 thropic foundations, up to $50,000,000 may remain 

3 available until September 30, 2024: Provided, That 

4 funds made available pursuant to this paragraph 

5 may only be made available following prior consulta6 tion with, and the regular notification procedures of, 

7 the Committees on Appropriations. 

8 (4) ADDITIONAL AUTHORITIES.—Of the 

9 amounts made available by title I of this Act under 

10 the heading ‘‘Diplomatic Programs’’, up to $500,000 

11 may be made available for grants pursuant to sec12 tion 504 of the Foreign Relations Authorization Act, 

13 Fiscal Year 1979 (22 U.S.C. 2656d), including to 

14 facilitate collaboration with Indigenous communities. 

15 (5) INNOVATION.—The USAID Administrator 

16 may use funds appropriated by this Act under title 

17 III to make innovation incentive awards in accord18 ance with the terms and conditions of section 

19 7034(e)(4) of the Department of State, Foreign Op20 erations, and Related Programs Appropriations Act, 

21 2019 (division F of Public Law 116–6): Provided, 

22 That each individual award may not exceed 

23 $100,000: Provided further, That no more than 15 

24 such awards may be made during fiscal year 2022. 


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1 (6) DEVELOPMENT INNOVATION VENTURES.— 

2 Funds appropriated by this Act under the heading 

3 ‘‘Development Assistance’’ and made available for 

4 the Development Innovation Ventures program may 

5 be made available for the purposes of chapter I of 

6 part I of the Foreign Assistance Act of 1961. 

7 (7) EXCHANGE VISITOR PROGRAM.—None of 

8 the funds made available by this Act may be used 

9 to modify the Exchange Visitor Program adminis10 tered by the Department of State to implement the 

11 Mutual Educational and Cultural Exchange Act of 

12 1961 (Public Law 87–256; 22 U.S.C. 2451 et seq.), 

13 except through the formal rulemaking process pursu14 ant to the Administrative Procedure Act (5 U.S.C. 

15 551 et seq.) and notwithstanding the exceptions to 

16 such rulemaking process in such Act: Provided, That 

17 funds made available for such purpose shall only be 

18 made available after consultation with, and subject 

19 to the regular notification procedures of, the Com20 mittees on Appropriations, regarding how any pro21 posed modification would affect the public diplomacy 

22 goals of, and the estimated economic impact on, the 

23 United States: Provided further, That such consulta24 tion shall take place not later than 30 days prior to 

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1 latory action modifying the Exchange Visitor Pro2 gram. 

3 (8) EXPORT-IMPORT BANK.— 

4 (A) Section 6(a)(3) of the Export-Import 

5 Bank Act of 1945 (12 U.S.C. 635e(a)(3)) shall 

6 be applied through September 30, 2022, by 

7 substituting ‘‘4 percent’’ for ‘‘2 percent’’ in 

8 each place it appears. 

9 (B) Section 8(g) of the Export-Import 

10 Bank Act of 1945 (12 U.S.C. 635g(g)) shall be 

11 applied through September 30, 2022, by sub12 stituting ‘‘4 percent’’ for ‘‘2 percent’’ in each 

13 place it appears. 

14 (f) PARTNER VETTING.—Prior to initiating a partner 

15 vetting program, or making a significant change to the 

16 scope of an existing partner vetting program, the Sec17 retary of State and USAID Administrator, as appropriate, 

18 shall consult with the Committees on Appropriations: Pro19 vided, That the Secretary and the Administrator shall pro20 vide a direct vetting option for prime awardees in any 

21 partner vetting program initiated or significantly modified 

22 after the date of enactment of this Act, unless the Sec23 retary of State or USAID Administrator, as applicable, 

24 informs the Committees on Appropriations on a case-by25 case basis that a direct vetting option is not feasible for 


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1 such program: Provided further, That the Secretary or the 

2 Administrator, as appropriate, shall consult with such 

3 Committees prior to providing a direct vetting option. 

4 (g) CONTINGENCIES.—During fiscal year 2022, the 

5 President may use up to $125,000,000 under the author6 ity of section 451 of the Foreign Assistance Act of 1961, 

7 notwithstanding any other provision of law. 

8 (h) INTERNATIONAL CHILD ABDUCTIONS.—The Sec9 retary of State should withhold funds appropriated under 

10 title III of this Act for assistance for the central govern11 ment of any country that is not taking appropriate steps 

12 to comply with the Convention on the Civil Aspects of 

13 International Child Abductions, done at the Hague on Oc14 tober 25, 1980: Provided, That the Secretary shall report 

15 to the Committees on Appropriations within 15 days of 

16 withholding funds under this subsection. 

17 (i) TRANSFER OF FUNDS FOR EXTRAORDINARY PRO18 TECTION.—The Secretary of State may transfer to, and 

19 merge with, funds under the heading ‘‘Protection of For20 eign Missions and Officials’’ unobligated balances of ex21 pired funds appropriated under the heading ‘‘Diplomatic 

22 Programs’’ for fiscal year 2022, at no later than the end 

23 of the fifth fiscal year after the last fiscal year for which 

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1 priated: Provided, That not more than $50,000,000 may 

2 be transferred. 

3 (j) AUTHORITY.—Funds made available by this Act 

4 under the heading ‘‘Economic Support Fund’’ to counter 

5 extremism may be made available notwithstanding any 

6 other provision of law restricting assistance to foreign 

7 countries, except sections 502B, 620A, and 620M of the 

8 Foreign Assistance Act of 1961: Provided, That the use 

9 of the authority of this subsection shall be subject to prior 

10 consultation with the appropriate congressional commit11 tees and the regular notification procedures of the Com12 mittees on Appropriations. 

13 (k) PROTECTIONS AND REMEDIES FOR EMPLOYEES

14 OF DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANI15 ZATIONS.—The terms and conditions of section 7034(k) 

16 of the Department of State, Foreign Operations, and Re17 lated Programs Appropriations Act, 2020 (division G of 

18 Public Law 116–94) shall continue in effect during fiscal 

19 year 2022. 

20 (l) EXTENSION OF AUTHORITIES.— 

21 (1) PASSPORT FEES.—Section 1(b)(2) of the 

22 Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) 

23 shall be applied by substituting ‘‘September 30, 

24 2022’’ for ‘‘September 30, 2010’’. 


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1 (2) INCENTIVES FOR CRITICAL POSTS.—The 

2 authority contained in section 1115(d) of the Sup3 plemental Appropriations Act, 2009 (Public Law 

4 111–32) shall remain in effect through September 

5 30, 2022. 

6 (3) USAID CIVIL SERVICE ANNUITANT WAIV7 ER.—Section 625(j)(1) of the Foreign Assistance 

8 Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied 

9 by substituting ‘‘September 30, 2022’’ for ‘‘October 

10 1, 2010’’ in subparagraph (B). 

11 (4) OVERSEAS PAY COMPARABILITY AND LIMI12 TATION.—(A) Subject to the limitation described in 

13 subparagraph (B), the authority provided by section 

14 1113 of the Supplemental Appropriations Act, 2009 

15 (Public Law 111–32) shall remain in effect through 

16 September 30, 2022. 

17 (B) The authority described in subparagraph 

18 (A) may not be used to pay an eligible member of 

19 the Foreign Service (as defined in section 1113(b) of 

20 the Supplemental Appropriations Act, 2009 (Public 

21 Law 111–32)) a locality-based comparability pay22 ment (stated as a percentage) that exceeds two23 thirds of the amount of the locality-based com24 parability payment (stated as a percentage) that 

25 would be payable to such member under section 


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1 5304 of title 5, United States Code, if such mem2 ber’s official duty station were in the District of Co3 lumbia. 

4 (5) CATEGORICAL ELIGIBILITY.—The Foreign 

5 Operations, Export Financing, and Related Pro6 grams Appropriations Act, 1990 (Public Law 101– 

7 167) is amended— 

8 (A) in section 599D (8 U.S.C. 1157 

9 note)— 

10 (i) in subsection (b)(3), by striking 

11 ‘‘and 2021’’ and inserting ‘‘2021, and 

12 2022’’; and 

13 (ii) in subsection (e), by striking 

14 ‘‘2021’’ each place it appears and inserting 

15 ‘‘2022’’; and 

16 (B) in section 599E(b)(2) (8 U.S.C. 1255 

17 note), by striking ‘‘2021’’ and inserting 

18 ‘‘2022’’. 

19 (6) INSPECTOR GENERAL ANNUITANT WAIV20 ER.—The authorities provided in section 1015(b) of 

21 the Supplemental Appropriations Act, 2010 (Public 

22 Law 111–212) shall remain in effect through Sep23 tember 30, 2022, and may be used to facilitate the 

24 assignment of persons for oversight of programs in 


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1 Somalia, South Sudan, Syria, Venezuela, and 

2 Yemen. 

3 (7) SPECIAL INSPECTOR GENERAL FOR AF4 GHANISTAN RECONSTRUCTION COMPETITIVE STA5 TUS.—Notwithstanding any other provision of law, 

6 any employee of the Special Inspector General for 

7 Afghanistan Reconstruction (SIGAR) who completes 

8 at least 12 months of continuous service after enact9 ment of this Act or who is employed on the date on 

10 which SIGAR terminates, whichever occurs first, 

11 shall acquire competitive status for appointment to 

12 any position in the competitive service for which the 

13 employee possesses the required qualifications. 

14 (8) TRANSFER OF BALANCES.—Section 7081(h) 

15 of the Department of State, Foreign Operations, and 

16 Related Programs Appropriations Act, 2017 (divi17 sion J of Public Law 115–31) shall continue in ef18 fect during fiscal year 2022. 

19 (9) DEPARTMENT OF STATE INSPECTOR GEN20 ERAL WAIVER AUTHORITY.—The Inspector General 

21 of the Department of State may waive the provisions 

22 of subsections (a) through (d) of section 824 of the 

23 Foreign Service Act of 1980 (22 U.S.C. 4064) on a 

24 case-by-case basis for an annuitant reemployed by 

25 the Inspector General on a temporary basis, subject 


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1 to the same constraints and in the same manner by 

2 which the Secretary of State may exercise such waiv3 er authority pursuant to subsection (g) of such sec4 tion. 

5 (m) MONITORING AND EVALUATION.— 

6 (1) BENEFICIARY FEEDBACK.—Funds appro7 priated by this Act that are made available for moni8 toring and evaluation of assistance under the head9 ings ‘‘Development Assistance’’, ‘‘Economic Support 

10 Fund’’, ‘‘International Disaster Assistance’’, and 

11 ‘‘Migration and Refugee Assistance’’ shall be made 

12 available for the regular and systematic collection of 

13 feedback obtained directly from beneficiaries to en14 hance the quality and relevance of such assistance: 

15 Provided, That not later than 90 days after enact16 ment of this Act, the Department of State and 

17 USAID shall post on their respective websites up18 dated procedures for implementing partners that re19 ceive funds under such headings for regularly and 

20 systematically collecting and responding to such 

21 feedback, including guidelines for the reporting on 

22 actions taken in response to the feedback received: 

23 Provided further, That the Secretary of State and 

24 USAID Administrator shall regularly conduct over25 sight to ensure that such feedback is regularly colVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 lected and used by implementing partners to maxi2 mize the cost-effectiveness and utility of such assist3 ance, and submit a report to the Committees on Ap4 propriations not later than 90 days after enactment 

5 of this Act, and annually thereafter until September 

6 30, 2027, on the results of such oversight. 

7 (2) EX-POST EVALUATIONS.—Of the funds ap8 propriated by this Act under titles III and IV, not 

9 less than $10,000,000 shall be made available for 

10 ex-post evaluations of the effectiveness and sustain11 ability of United States Government-funded assist12 ance programs: Provided, That not later than 60 

13 days after enactment of this Act, the Secretary of 

14 State and USAID Administrator shall consult with 

15 the Committees on Appropriations on the criteria for 

16 selecting countries and programs to be evaluated, 

17 and the methodology for conducting such evaluations 

18 and applying lessons learned in future program de19 sign. 

20 (n) LOANS, CONSULTATION, AND NOTIFICATION.— 

21 (1) LOAN GUARANTEES.—Funds appropriated 

22 under the headings ‘‘Economic Support Fund’’ and 

23 ‘‘Assistance for Europe, Eurasia and Central Asia’’ 

24 by this Act and prior Acts making appropriations 

25 for the Department of State, foreign operations, and 


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1 related programs may be made available for the 

2 costs, as defined in section 502 of the Congressional 

3 Budget Act of 1974, of loan guarantees for Egypt, 

4 Jordan, Tunisia, and Ukraine, which are authorized 

5 to be provided: Provided, That amounts made avail6 able under this paragraph for the costs of such 

7 guarantees shall not be considered assistance for the 

8 purposes of provisions of law limiting assistance to 

9 a country. 

10 (2) CONSULTATION AND NOTIFICATION.— 

11 Funds made available pursuant to the authorities of 

12 this subsection shall be subject to prior consultation 

13 with, and the regular notification procedures of, the 

14 Committees on Appropriations. 

15 (o) LOCAL WORKS.— 

16 (1) FUNDING.—Of the funds appropriated by 

17 this Act under the headings ‘‘Development Assist18 ance’’ and ‘‘Economic Support Fund’’, not less than 

19 $100,000,000 shall be made available for Local 

20 Works pursuant to section 7080 of the Department 

21 of State, Foreign Operations, and Related Programs 

22 Appropriations Act, 2015 (division J of Public Law 

23 113–235), which may remain available until Sep24 tember 30, 2026. 


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1 (2) ELIGIBLE ENTITIES.—For the purposes of 

2 section 7080 of the Department of State, Foreign 

3 Operations, and Related Programs Appropriations 

4 Act, 2015 (division J of Public Law 113–235), ‘‘eli5 gible entities’’ shall be defined as small local, inter6 national, and United States-based nongovernmental 

7 organizations, educational institutions, and other 

8 small entities that have received less than a total of 

9 $5,000,000 from USAID over the previous 5 fiscal 

10 years: Provided, That departments or centers of 

11 such educational institutions may be considered indi12 vidually in determining such eligibility. 

13 (p) EXTENSION OF PROCUREMENT AUTHORITY.— 

14 Section 7077 of the Department of State, Foreign Oper15 ations, and Related Programs Appropriations Act, 2012 

16 (division I of Public Law 112–74) shall continue in effect 

17 during fiscal year 2022. 

18 (q) SECTION 889.—For the purposes of obligations 

19 and expenditures made with funds appropriated by this 

20 Act and prior Acts making appropriations for the Depart21 ment of State, foreign operations, and related programs, 

22 and funds appropriated under section 10003 of the Amer23 ican Rescue Plan Act, the waiver authority in section 

24 889(d)(2) of the John S. McCain National Defense Au25 thorization Act for Fiscal Year 2019 (Public Law 115– 


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1 232) may also be available to the Secretary of State and 

2 USAID Administrator, as appropriate. 

3 (r) PROTECTIVE SERVICES.—The terms and condi4 tions of section 7070 of the Department of State, Foreign 

5 Operations, and Related Programs Appropriations Act, 

6 2021 (division K of Public Law 116–260), with the excep7 tion of the last proviso, shall apply to this Act. 

8 (s) DEFINITIONS.— 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—Unless otherwise defined in this Act, for 

11 purposes of this Act the term ‘‘appropriate congres12 sional committees’’ means the Committees on Appro13 priations and Foreign Relations of the Senate and 

14 the Committees on Appropriations and Foreign Af15 fairs of the House of Representatives. 

16 (2) FUNDS APPROPRIATED BY THIS ACT AND

17 PRIOR ACTS.—Unless otherwise defined in this Act, 

18 for purposes of this Act the term ‘‘funds appro19 priated by this Act and prior Acts making appro20 priations for the Department of State, foreign oper21 ations, and related programs’’ means funds that re22 main available for obligation, and have not expired. 

23 (3) INTERNATIONAL FINANCIAL INSTITU24 TIONS.—In this Act ‘‘international financial institu25 tions’’ means the International Bank for ReconVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 struction and Development, the International Devel2 opment Association, the International Finance Cor3 poration, the Inter-American Development Bank, the 

4 International Monetary Fund, the International 

5 Fund for Agricultural Development, the Asian De6 velopment Bank, the Asian Development Fund, the 

7 Inter-American Investment Corporation, the North 

8 American Development Bank, the European Bank 

9 for Reconstruction and Development, the African 

10 Development Bank, the African Development Fund, 

11 and the Multilateral Investment Guarantee Agency. 

12 (4) SPEND PLAN.—In this Act, the term 

13 ‘‘spend plan’’ means a plan for the uses of funds ap14 propriated for a particular entity, country, program, 

15 purpose, or account and which shall include, at a 

16 minimum, a description of— 

17 (A) realistic and sustainable goals, criteria 

18 for measuring progress, and a timeline for 

19 achieving such goals; 

20 (B) amounts and sources of funds by ac21 count; 

22 (C) how such funds will complement other 

23 ongoing or planned programs; and 

24 (D) implementing partners, to the max25 imum extent practicable. 


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1 (5) SUCCESSOR OPERATING UNIT.—Any ref2 erence to a particular USAID operating unit or of3 fice in this Act or prior Acts making appropriations 

4 for the Department of State, foreign operations, and 

5 related programs shall be deemed to include any suc6 cessor operating unit or office performing the same 

7 or similar functions. 

8 (6) USAID.—In this Act, the term ‘‘USAID’’ 

9 means the United States Agency for International 

10 Development. 

11 LAW ENFORCEMENT AND SECURITY

12 SEC. 7035. (a) ASSISTANCE.— 

13 (1) COMMUNITY-BASED POLICE ASSISTANCE.— 

14 Funds made available under titles III and IV of this 

15 Act to carry out the provisions of chapter 1 of part 

16 I and chapters 4 and 6 of part II of the Foreign As17 sistance Act of 1961, may be used, notwithstanding 

18 section 660 of that Act, to enhance the effectiveness 

19 and accountability of civilian police authority 

20 through training and technical assistance in human 

21 rights, the rule of law, anti-corruption, strategic 

22 planning, and through assistance to foster civilian 

23 police roles that support democratic governance, in24 cluding assistance for programs to prevent conflict, 

25 respond to disasters, address gender-based violence, 


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1 and foster improved police relations with the com2 munities they serve. 

3 (2) COUNTERTERRORISM PARTNERSHIPS

4 FUND.—Funds appropriated by this Act under the 

5 heading ‘‘Nonproliferation, Anti-terrorism, Demining 

6 and Related Programs’’ shall be made available for 

7 the Counterterrorism Partnerships Fund for pro8 grams in areas liberated from, under the influence 

9 of, or adversely affected by, the Islamic State of Iraq 

10 and Syria or other terrorist organizations: Provided, 

11 That such areas shall include the Kurdistan Region 

12 of Iraq: Provided further, That prior to the obliga13 tion of funds made available pursuant to this para14 graph, the Secretary of State shall take all prac15 ticable steps to ensure that mechanisms are in place 

16 for monitoring, oversight, and control of such funds: 

17 Provided further, That funds made available pursu18 ant to this paragraph shall be subject to prior con19 sultation with, and the regular notification proce20 dures of, the Committees on Appropriations. 

21 (3) COMBAT CASUALTY CARE.— 

22 (A) Consistent with the objectives of the 

23 Foreign Assistance Act of 1961 and the Arms 

24 Export Control Act, 1 percent of the funds ap25 propriated by this Act under the headings 


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1 ‘‘Peacekeeping Operations’’ and ‘‘Foreign Mili2 tary Financing Program’’ shall be designated 

3 for combat casualty training and equipment. 

4 (B) The Secretary of State shall offer com5 bat casualty care training and equipment as a 

6 component of any package of lethal assistance 

7 funded by this Act with funds appropriated 

8 under the headings ‘‘Peacekeeping Operations’’ 

9 and ‘‘Foreign Military Financing Program’’: 

10 Provided, That the requirement of this subpara11 graph shall apply to a country in conflict, un12 less the Secretary determines that such country 

13 has in place, to the maximum extent prac14 ticable, functioning combat casualty care treat15 ment and equipment that meets or exceeds the 

16 standards recommended by the Committee on 

17 Tactical Combat Casualty Care: Provided fur18 ther, That any such training and equipment for 

19 combat casualty care shall be made available 

20 through an open and competitive process. 

21 (4) TRAINING RELATED TO INTERNATIONAL

22 HUMANITARIAN LAW.—The Secretary of State shall 

23 offer training related to the requirements of inter24 national humanitarian law as a component of any 

25 package of lethal assistance funded by this Act with 


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1 funds appropriated under the headings ‘‘Peace2 keeping Operations’’ and ‘‘Foreign Military Financ3 ing Program’’: Provided, That the requirement of 

4 this paragraph shall not apply to a country that is 

5 a member of the North Atlantic Treaty Organization 

6 (NATO), is a major non-NATO ally designated by 

7 section 517(b) of the Foreign Assistance Act of 

8 1961, or is complying with international humani9 tarian law: Provided further, That any such training 

10 shall be made available through an open and com11 petitive process. 

12 (5) SECURITY FORCE PROFESSIONALIZATION.— 

13 Unobligated balances from funds appropriated by 

14 prior Acts making appropriations for the Depart15 ment of State, foreign operations, and related pro16 grams, except for funds designated by the Congress 

17 as an emergency requirement pursuant to a concur18 rent resolution on the budget or the Balanced Budg19 et and Emergency Deficit Control Act of 1985, 

20 under the headings ‘‘International Narcotics Control 

21 and Law Enforcement’’ and ‘‘Peacekeeping Oper22 ations’’, shall be made available to increase the ca23 pacity of foreign military and law enforcement per24 sonnel to operate in accordance with appropriate 

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1 tion of civilians as specified under this section in the 

2 explanatory statement accompanying this Act, fol3 lowing consultation with the Committees on Appro4 priations: Provided, That funds made available pur5 suant to this paragraph shall be made available 

6 through an open and competitive process. 

7 (6) INTERNATIONAL PRISON CONDITIONS.— 

8 Funds appropriated by this Act under the headings 

9 ‘‘Development Assistance’’, ‘‘Economic Support 

10 Fund’’, and ‘‘International Narcotics Control and 

11 Law Enforcement’’ shall be made available for as12 sistance to eliminate inhumane conditions and re13 duce pre-trial detention in foreign prisons and other 

14 detention facilities, notwithstanding section 660 of 

15 the Foreign Assistance Act of 1961, including not 

16 less than $20,000,000 under the heading ‘‘Inter17 national Narcotics Control and Law Enforcement’’: 

18 Provided, That the Secretary of State and the 

19 USAID Administrator shall consult with the Com20 mittees on Appropriations on the proposed uses of 

21 such funds prior to obligation and not later than 60 

22 days after enactment of this Act: Provided further, 

23 That such funds shall be in addition to funds other24 wise made available by this Act for such purposes. 

25 (b) AUTHORITIES.— 


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1 (1) RECONSTITUTING CIVILIAN POLICE AU2 THORITY.—In providing assistance with funds ap3 propriated by this Act under section 660(b)(6) of 

4 the Foreign Assistance Act of 1961, support for a 

5 nation emerging from instability may be deemed to 

6 mean support for regional, district, municipal, or 

7 other sub-national entity emerging from instability, 

8 as well as a nation emerging from instability. 

9 (2) DISARMAMENT, DEMOBILIZATION, AND RE10 INTEGRATION.—Section 7034(d) of the Department 

11 of State, Foreign Operations, and Related Programs 

12 Appropriations Act, 2015 (division J of Public Law 

13 113–235) shall continue in effect during fiscal year 

14 2022. 

15 (3) EXTENSION OF WAR RESERVES STOCKPILE

16 AUTHORITY.—Section 12001(d) of the Department 

17 of Defense Appropriations Act, 2005 (Public Law 

18 108–287; 118 Stat. 1011) is amended by striking 

19 ‘‘of this section’’ and all that follows through the pe20 riod at the end and inserting ‘‘of this section after 

21 September 30, 2025.’’. 

22 (4) COMMERCIAL LEASING OF DEFENSE ARTI23 CLES.—Notwithstanding any other provision of law, 

24 and subject to the regular notification procedures of 

25 the Committees on Appropriations, the authority of 


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1 section 23(a) of the Arms Export Control Act (22 

2 U.S.C. 2763) may be used to provide financing to 

3 Israel, Egypt, the North Atlantic Treaty Organiza4 tion (NATO), and major non-NATO allies for the 

5 procurement by leasing (including leasing with an 

6 option to purchase) of defense articles from United 

7 States commercial suppliers, not including Major 

8 Defense Equipment (other than helicopters and 

9 other types of aircraft having possible civilian appli10 cation), if the President determines that there are 

11 compelling foreign policy or national security reasons 

12 for those defense articles being provided by commer13 cial lease rather than by government-to-government 

14 sale under such Act. 

15 (5) SPECIAL DEFENSE ACQUISITION FUND.— 

16 Not to exceed $900,000,000 may be obligated pursu17 ant to section 51(c)(2) of the Arms Export Control 

18 Act (22 U.S.C. 2795(c)(2)) for the purposes of the 

19 Special Defense Acquisition Fund (the Fund), to re20 main available for obligation until September 30, 

21 2024: Provided, That the provision of defense arti22 cles and defense services to foreign countries or 

23 international organizations from the Fund shall be 

24 subject to the concurrence of the Secretary of State. 


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1 (6) DUTY TO INFORM AND PUBLIC DISCLO2 SURE.—Section 620M of the Foreign Assistance Act 

3 of 1961 (Limitation on Assistance to Security 

4 Forces) is amended as follows— 

5 (A) In subsection (b), by striking ‘‘Com6 mittee on Foreign Relations’’ through ‘‘Appro7 priations’’ and inserting in lieu thereof ‘‘appro8 priate congressional committees’’. 

9 (B) In subsection (c), by striking every10 thing after ‘‘DUTY TO INFORM.—’’ and insert11 ing— 

12 ‘‘(1) If assistance to a foreign security force is 

13 provided in a manner in which the recipient unit or 

14 units cannot be identified prior to the transfer of as15 sistance, the Secretary of State shall regularly pro16 vide a list of units prohibited from receiving assist17 ance pursuant to this section to the recipient govern18 ment and the appropriate congressional committees 

19 and, effective September 30, 2022, such assistance 

20 shall only be made available subject to a written 

21 agreement that the recipient government will comply 

22 with such prohibition. 

23 ‘‘(2) In the event that assistance is withheld 

24 from any unit pursuant to this section, the Secretary 

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1 ment and the appropriate congressional committees 

2 of the basis for such action and shall, to the max3 imum extent practicable, assist the foreign govern4 ment in taking effective measures to bring the re5 sponsible members of the unit to justice.’’. 

6 (C) After subsection (d), by inserting the 

7 following new subsection: 

8 ‘‘(e) DEFINITIONS.— 

9 ‘‘(1) For the purposes of subsection (d)(7), the 

10 term ‘to the maximum extent practicable’ means 

11 that the identity of such units shall be made publicly 

12 available unless the Secretary of State, on a case-by13 case basis, determines and reports to the appro14 priate congressional committees that public disclo15 sure is not in the national security interest of the 

16 United States and provides a detailed justification 

17 for such determination, which may be submitted in 

18 classified form. 

19 ‘‘(2) For the purposes of this section, ‘appro20 priate congressional committees’ means the Com21 mittee on Foreign Relations and the Committee on 

22 Appropriations of the Senate, and the Committee on 

23 Foreign Affairs and the Committee on Appropria24 tions of the House of Representatives.’’. 

25 (7) OVERSIGHT AND ACCOUNTABILITY.— 


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1 (A) Prior to the signing of a new Letter of 

2 Offer and Acceptance (LOA) involving funds 

3 appropriated under the heading ‘‘Foreign Mili4 tary Financing Program’’, the Secretary of 

5 State shall consult with each recipient govern6 ment to confirm that the LOA between the 

7 United States and such recipient government 

8 complies with the purposes of section 4 of the 

9 Arms Export Control Act (22 U.S.C. 2754) and 

10 that the defense articles, services, and training 

11 procured with funds appropriated under such 

12 heading are consistent with United States na13 tional security and foreign policy interests. 

14 (B) The Secretary of State shall promptly 

15 inform the appropriate congressional commit16 tees of any instance in which the Secretary of 

17 State has credible information that such assist18 ance was used in a manner contrary to such 

19 agreement. 

20 (C) None of the funds appropriated by this 

21 Act may be used to issue licenses, or assist an22 other Federal agency in issuing licenses, for the 

23 sale or export of firearms or ammunition to a 

24 government security force in Mexico or Central 

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1 mines and reports to the appropriate congres2 sional committees that such government— 

3 (i) is implementing end use agree4 ments, including providing end user certifi5 cates, to prevent the transfer of such fire6 arms or ammunition to individuals or units 

7 implicated in serious crimes or not author8 ized in such agreements or certificates to 

9 receive such items; and 

10 (ii) will maintain a record of the users 

11 of such firearms and ammunition for the 

12 purpose of regular audits. 

13 (c) LIMITATIONS.— 

14 (1) CHILD SOLDIERS.—Funds appropriated by 

15 this Act should not be used to support any military 

16 training or operations that include child soldiers. 

17 (2) LANDMINES AND CLUSTER MUNITIONS.— 

18 (A) LANDMINES.—Notwithstanding any 

19 other provision of law, demining equipment 

20 available to the United States Agency for Inter21 national Development and the Department of 

22 State and used in support of the clearance of 

23 landmines and unexploded ordnance for human24 itarian purposes may be disposed of on a grant 

25 basis in foreign countries, subject to such terms 


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1 and conditions as the Secretary of State may 

2 prescribe. 

3 (B) CLUSTER MUNITIONS.—No military 

4 assistance shall be furnished for cluster muni5 tions, no defense export license for cluster mu6 nitions may be issued, and no cluster munitions 

7 or cluster munitions technology shall be sold or 

8 transferred, unless— 

9 (i) the submunitions of the cluster 

10 munitions, after arming, do not result in 

11 more than 1 percent unexploded ordnance 

12 across the range of intended operational 

13 environments, and the agreement applica14 ble to the assistance, transfer, or sale of 

15 such cluster munitions or cluster munitions 

16 technology specifies that the cluster muni17 tions will only be used against clearly de18 fined military targets and will not be used 

19 where civilians are known to be present or 

20 in areas normally inhabited by civilians; or 

21 (ii) such assistance, license, sale, or 

22 transfer is for the purpose of demilitarizing 

23 or permanently disposing of such cluster 

24 munitions. 


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1 (3) CONGRESSIONAL BUDGET JUSTIFICA2 TIONS.—Of the funds realized pursuant to section 

3 21(e)(1)(A) of the Arms Export Control Act and 

4 made available for obligation for expenses incurred 

5 by the Department of Defense, Defense Security Co6 operation Agency (DSCA) during fiscal year 2022 

7 pursuant to section 43(b) of the Arms Export Con8 trol Act (22 U.S.C. 2792(b)), $25,000,000 shall be 

9 withheld from obligation until the DSCA, jointly 

10 with the Department of State, submits to the Com11 mittees on Appropriations the congressional budget 

12 justification for funds requested under the heading 

13 ‘‘Foreign Military Financing Program’’ for fiscal 

14 years 2022 and 2023, including the accompanying 

15 classified appendices. 

16 (4) CROWD CONTROL ITEMS.—Funds appro17 priated by this Act should not be used for tear gas, 

18 small arms, light weapons, ammunition, or other 

19 items for crowd control purposes for a unit of a for20 eign security force if the Secretary of State has 

21 credible information that such unit uses excessive 

22 force to repress peaceful expression or assembly con23 cerning corruption, harm to the environment, or the 

24 fairness of electoral processes, or in countries that 


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1 the Secretary determines are undemocratic or under2 going democratic transition. 

3 (d) REPORTS.— 

4 (1) SECURITY ASSISTANCE REPORT.—Not later 

5 than 120 days after enactment of this Act, the Sec6 retary of State shall submit to the Committees on 

7 Appropriations a report on funds obligated and ex8 pended during fiscal year 2021, by country and pur9 pose of assistance, under the headings ‘‘Peace10 keeping Operations’’, ‘‘International Military Edu11 cation and Training’’, and ‘‘Foreign Military Fi12 nancing Program’’. 

13 (2) ANNUAL FOREIGN MILITARY TRAINING RE14 PORT.—For the purposes of implementing section 

15 656 of the Foreign Assistance Act of 1961, the term 

16 ‘‘military training provided to foreign military per17 sonnel by the Department of Defense and the De18 partment of State’’ shall be deemed to include all 

19 military training provided by foreign governments 

20 with funds appropriated to the Department of De21 fense or the Department of State, except for train22 ing provided by the government of a country des23 ignated by section 517(b) of such Act (22 U.S.C. 

24 2321k(b)) as a major non-North Atlantic Treaty Or25 ganization ally: Provided, That such third-country 


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1 training shall be clearly identified in the report sub2 mitted pursuant to section 656 of such Act. 

3 ARAB LEAGUE BOYCOTT OF ISRAEL

4 SEC. 7036. It is the sense of the Congress that— 

5 (1) the Arab League boycott of Israel remains 

6 a symbolic impediment to trade and investment in 

7 the Middle East and should be terminated forthwith; 

8 (2) Arab states and Israel have made important 

9 progress through peace treaties and the Abraham 

10 Accords, opening a path toward a more peaceful 

11 Middle East; 

12 (3) all Arab League states should join Egypt, 

13 Jordan, the United Arab Emirates, Bahrain, Mo14 rocco, and Sudan in establishing and normalizing re15 lations with Israel; 

16 (4) the President and the Secretary of State 

17 should continue to vigorously oppose the Arab 

18 League boycott of Israel; and 

19 (5) the President should support broadening 

20 and deepening participation in the Abraham Ac21 cords, and report annually to the appropriate con22 gressional committees on the United States Govern23 ment’s strategy and steps being taken by the United 

24 States to encourage additional Arab League and 


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1 other Muslim-majority states to normalize relations 

2 with Israel. 

3 PALESTINIAN STATEHOOD

4 SEC. 7037. (a) LIMITATION ON ASSISTANCE.—None 

5 of the funds appropriated under titles III through VI of 

6 this Act may be provided to support a Palestinian state 

7 unless the Secretary of State determines and certifies to 

8 the appropriate congressional committees that— 

9 (1) the governing entity of a new Palestinian 

10 state— 

11 (A) has demonstrated a firm commitment 

12 to peaceful co-existence with the State of Israel; 

13 and 

14 (B) is taking appropriate measures to 

15 counter terrorism and terrorist financing in the 

16 West Bank and Gaza, including the dismantling 

17 of terrorist infrastructures, and is cooperating 

18 with appropriate Israeli and other appropriate 

19 security organizations; and 

20 (2) the Palestinian Authority (or the governing 

21 entity of a new Palestinian state) is working with 

22 other countries in the region to vigorously pursue ef23 forts to establish a just, lasting, and comprehensive 

24 peace in the Middle East that will enable Israel and 

25 an independent Palestinian state to exist within the 


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1 context of full and normal relationships, which 

2 should include— 

3 (A) termination of all claims or states of 

4 belligerency; 

5 (B) respect for and acknowledgment of the 

6 sovereignty, territorial integrity, and political 

7 independence of every state in the area through 

8 measures including the establishment of demili9 tarized zones; 

10 (C) their right to live in peace within se11 cure and recognized boundaries free from 

12 threats or acts of force; 

13 (D) freedom of navigation through inter14 national waterways in the area; and 

15 (E) a framework for achieving a just set16 tlement of the refugee problem. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that the governing entity should enact a constitution 

19 assuring the rule of law, an independent judiciary, and 

20 respect for human rights for its citizens, and should enact 

21 other laws and regulations assuring transparent and ac22 countable governance. 

23 (c) WAIVER.—The President may waive subsection 

24 (a) if the President determines that it is important to the 

25 national security interest of the United States to do so. 


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1 (d) EXEMPTION.—The restriction in subsection (a) 

2 shall not apply to assistance intended to help reform the 

3 Palestinian Authority and affiliated institutions, or the 

4 governing entity, in order to help meet the requirements 

5 of subsection (a), consistent with the provisions of section 

6 7040 of this Act (‘‘Limitation on Assistance for the Pales7 tinian Authority’’). 

8 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

9 BROADCASTING CORPORATION

10 SEC. 7038. None of the funds appropriated or other11 wise made available by this Act may be used to provide 

12 equipment, technical support, consulting services, or any 

13 other form of assistance to the Palestinian Broadcasting 

14 Corporation. 

15 ASSISTANCE FOR THE WEST BANK AND GAZA

16 SEC. 7039. (a) OVERSIGHT.—For fiscal year 2022, 

17 30 days prior to the initial obligation of funds for the bi18 lateral West Bank and Gaza Program, the Secretary of 

19 State shall certify to the Committees on Appropriations 

20 that procedures have been established to assure the Comp21 troller General of the United States will have access to 

22 appropriate United States financial information in order 

23 to review the uses of United States assistance for the Pro24 gram funded under the heading ‘‘Economic Support 

25 Fund’’ for the West Bank and Gaza. 


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1 (b) VETTING.—Prior to the obligation of funds ap2 propriated by this Act under the heading ‘‘Economic Sup3 port Fund’’ for assistance for the West Bank and Gaza, 

4 the Secretary of State shall take all appropriate steps to 

5 ensure that such assistance is not provided to or through 

6 any individual, private or government entity, or edu7 cational institution that the Secretary knows or has reason 

8 to believe advocates, plans, sponsors, engages in, or has 

9 engaged in, terrorist activity nor, with respect to private 

10 entities or educational institutions, those that have as a 

11 principal officer of the entity’s governing board or gov12 erning board of trustees any individual that has been de13 termined to be involved in, or advocating terrorist activity 

14 or determined to be a member of a designated foreign ter15 rorist organization: Provided, That the Secretary of State 

16 shall, as appropriate, establish procedures specifying the 

17 steps to be taken in carrying out this subsection and shall 

18 terminate assistance to any individual, entity, or edu19 cational institution which the Secretary has determined to 

20 be involved in or advocating terrorist activity. 

21 (c) PROHIBITION.— 

22 (1) RECOGNITION OF ACTS OF TERRORISM.— 

23 None of the funds appropriated under titles III 

24 through VI of this Act for assistance under the West 


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1 Bank and Gaza Program may be made available 

2 for— 

3 (A) the purpose of recognizing or otherwise 

4 honoring individuals who commit, or have com5 mitted acts of terrorism; and 

6 (B) any educational institution located in 

7 the West Bank or Gaza that is named after an 

8 individual who the Secretary of State deter9 mines has committed an act of terrorism. 

10 (2) SECURITY ASSISTANCE AND REPORTING RE11 QUIREMENT.—Notwithstanding any other provision 

12 of law, none of the funds made available by this or 

13 prior appropriations Acts, including funds made 

14 available by transfer, may be made available for obli15 gation for security assistance for the West Bank and 

16 Gaza until the Secretary of State reports to the 

17 Committees on Appropriations on— 

18 (A) the benchmarks that have been estab19 lished for security assistance for the West Bank 

20 and Gaza and on the extent of Palestinian com21 pliance with such benchmarks; and 

22 (B) the steps being taken by the Pales23 tinian Authority to end torture and other cruel, 

24 inhuman, and degrading treatment of detainees, 

25 including by bringing to justice members of 


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1 Palestinian security forces who commit such 

2 crimes. 

3 (d) OVERSIGHT BY THE UNITED STATES AGENCY

4 FOR INTERNATIONAL DEVELOPMENT.— 

5 (1) The Administrator of the United States 

6 Agency for International Development shall ensure 

7 that Federal or non-Federal audits of all contractors 

8 and grantees, and significant subcontractors and 

9 sub-grantees, under the West Bank and Gaza Pro10 gram, are conducted at least on an annual basis to 

11 ensure, among other things, compliance with this 

12 section. 

13 (2) Of the funds appropriated by this Act, up 

14 to $1,300,000 may be used by the Office of Inspec15 tor General of the United States Agency for Inter16 national Development for audits, investigations, and 

17 other activities in furtherance of the requirements of 

18 this subsection. 

19 (e) COMPTROLLER GENERAL OF THE UNITED

20 STATES AUDIT.—Subsequent to the certification specified 

21 in subsection (a), the Comptroller General of the United 

22 States shall conduct an audit and an investigation of the 

23 treatment, handling, and uses of all funds for the bilateral 

24 West Bank and Gaza Program, including all funds pro25 vided as cash transfer assistance, in fiscal year 2022 


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1 under the heading ‘‘Economic Support Fund’’, and such 

2 audit shall address— 

3 (1) the extent to which such Program complies 

4 with the requirements of subsections (b) and (c); 

5 and 

6 (2) an examination of all programs, projects, 

7 and activities carried out under such Program, in8 cluding both obligations and expenditures. 

9 (f) NOTIFICATION PROCEDURES.—Funds made 

10 available in this Act for the West Bank and Gaza shall 

11 be subject to the regular notification procedures of the 

12 Committees on Appropriations. 

13 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN

14 AUTHORITY

15 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of 

16 the funds appropriated by this Act to carry out the provi17 sions of chapter 4 of part II of the Foreign Assistance 

18 Act of 1961 may be obligated or expended with respect 

19 to providing funds to the Palestinian Authority. 

20 (b) WAIVER.—The prohibition included in subsection 

21 (a) shall not apply if the President certifies in writing to 

22 the Speaker of the House of Representatives, the Presi23 dent pro tempore of the Senate, and the Committees on 

24 Appropriations that waiving such prohibition is important 

25 to the national security interest of the United States. 


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1 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

2 waiver pursuant to subsection (b) shall be effective for not 

3 more than a period of 6 months at a time and shall not 

4 apply beyond 12 months after the enactment of this Act. 

5 (d) REPORT.—Whenever the waiver authority pursu6 ant to subsection (b) is exercised, the President shall sub7 mit a report to the Committees on Appropriations detail8 ing the justification for the waiver, the purposes for which 

9 the funds will be spent, and the accounting procedures in 

10 place to ensure that the funds are properly disbursed: Pro11 vided, That the report shall also detail the steps the Pales12 tinian Authority has taken to arrest terrorists, confiscate 

13 weapons and dismantle terrorist infrastructure. 

14 (e) CERTIFICATION.—If the President exercises the 

15 waiver authority under subsection (b), the Secretary of 

16 State shall certify and report to the Committees on Appro17 priations prior to the obligation of funds that the Pales18 tinian Authority has established a single treasury account 

19 for all Palestinian Authority financing and all financing 

20 mechanisms flow through this account, no parallel financ21 ing mechanisms exist outside of the Palestinian Authority 

22 treasury account, and there is a single comprehensive civil 

23 service roster and payroll, and the Palestinian Authority 

24 is acting to counter incitement of violence against Israelis 


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1 and is supporting activities aimed at promoting peace, co2 existence, and security cooperation with Israel. 

3 (f) PROHIBITION TO HAMAS AND THE PALESTINE

4 LIBERATION ORGANIZATION.— 

5 (1) None of the funds appropriated in titles III 

6 through VI of this Act may be obligated for salaries 

7 of personnel of the Palestinian Authority located in 

8 Gaza or may be obligated or expended for assistance 

9 to Hamas or any entity effectively controlled by 

10 Hamas, any power-sharing government of which 

11 Hamas is a member, or that results from an agree12 ment with Hamas and over which Hamas exercises 

13 undue influence. 

14 (2) Notwithstanding the limitation of paragraph 

15 (1), assistance may be provided to a power-sharing 

16 government only if the President certifies and re17 ports to the Committees on Appropriations that such 

18 government, including all of its ministers or such 

19 equivalent, has publicly accepted and is complying 

20 with the principles contained in section 620K(b)(1) 

21 (A) and (B) of the Foreign Assistance Act of 1961, 

22 as amended. 

23 (3) The President may exercise the authority in 

24 section 620K(e) of the Foreign Assistance Act of 

25 1961, as added by the Palestinian Anti-Terrorism 


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1 Act of 2006 (Public Law 109–446) with respect to 

2 this subsection. 

3 (4) Whenever the certification pursuant to 

4 paragraph (2) is exercised, the Secretary of State 

5 shall submit a report to the Committees on Appro6 priations within 120 days of the certification and 

7 every quarter thereafter on whether such govern8 ment, including all of its ministers or such equiva9 lent are continuing to comply with the principles 

10 contained in section 620K(b)(1) (A) and (B) of the 

11 Foreign Assistance Act of 1961, as amended: Pro12 vided, That the report shall also detail the amount, 

13 purposes and delivery mechanisms for any assistance 

14 provided pursuant to the abovementioned certifi15 cation and a full accounting of any direct support of 

16 such government. 

17 (5) None of the funds appropriated under titles 

18 III through VI of this Act may be obligated for as19 sistance for the Palestine Liberation Organization. 

20 MIDDLE EAST AND NORTH AFRICA

21 SEC. 7041. (a) EGYPT.— 

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1 sistance for Egypt, except for this subsection and 

2 sections 502B and 620M of the Foreign Assistance 

3 Act of 1961, and may only be made available for as4 sistance for the Government of Egypt if the Sec5 retary of State certifies and reports to the Commit6 tees on Appropriations that such government is— 

7 (A) sustaining the strategic relationship 

8 with the United States; and 

9 (B) meeting its obligations under the 1979 

10 Egypt-Israel Peace Treaty. 

11 (2) ECONOMIC SUPPORT FUND.—Of the funds 

12 appropriated by this Act under the heading ‘‘Eco13 nomic Support Fund’’, not less than $125,000,000 

14 shall be made available for assistance for Egypt, of 

15 which not less than $40,000,000 should be made 

16 available for higher education programs, including 

17 not less than $15,000,000 for scholarships for Egyp18 tian students with high financial need to attend not19 for-profit institutions of higher education in Egypt 

20 that are currently accredited by a regional accred21 iting agency recognized by the United States De22 partment of Education, or meets standards equiva23 lent to those required for United States institutional 

24 accreditation by a regional accrediting agency recog25 nized by such Department: Provided, That such 


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1 funds shall be made available for democracy pro2 grams, and for development programs in the Sinai: 

3 Provided further, That such funds may not be made 

4 available for cash transfer assistance or budget sup5 port. 

6 (3) FOREIGN MILITARY FINANCING PRO7 GRAM.— 

8 (A) CERTIFICATION.—Of the funds appro9 priated by this Act under the heading ‘‘Foreign 

10 Military Financing Program’’, $1,300,000,000, 

11 to remain available until September 30, 2023, 

12 should be made available for assistance for 

13 Egypt: Provided, That such funds may be 

14 transferred to an interest bearing account in 

15 the Federal Reserve Bank of New York, fol16 lowing consultation with the Committees on Ap17 propriations, and the uses of any interest 

18 earned on such funds shall be subject to prior 

19 consultation with, and the regular notification 

20 procedures of, the Committees on Appropria21 tions: Provided further, That $225,000,000 of 

22 such funds shall be withheld from obligation 

23 until the Secretary of State certifies and reports 

24 to the Committees on Appropriations that the 


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1 Government of Egypt is making consistent 

2 progress in— 

3 (i) strengthening the rule of law, 

4 democratic institutions, and human rights 

5 in Egypt, including protecting religious mi6 norities and the rights of women, which 

7 are in addition to steps taken during the 

8 previous calendar year for such purposes; 

9 (ii) implementing reforms that protect 

10 freedom of expression, association, and as11 sembly, including the ability of civil society 

12 organizations, human rights defenders, and 

13 the media to function without interference; 

14 (iii) holding Egyptian security forces 

15 accountable, including officers credibly al16 leged to have violated human rights; 

17 (iv) investigating and prosecuting 

18 cases of torture, extrajudicial killings, and 

19 forced disappearances; and 

20 (v) providing regular access for 

21 United States officials to monitor such as22 sistance in the North Sinai and other areas 

23 where the assistance is used. 

24 (B) WAIVER.—The Secretary of State may 

25 waive the certification requirement with respect 


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1 to the withholding of funds in subparagraph 

2 (A), in whole or in part, if the Secretary deter3 mines and reports to the Committees on Appro4 priations that to do so is important to the na5 tional security interest of the United States, 

6 and submits a report to such Committees con7 taining a detailed justification for the use of 

8 such waiver and the reasons why any of the re9 quirements of subparagraph (A) cannot be met: 

10 Provided, That the report required by this para11 graph shall be submitted in unclassified form, 

12 but may be accompanied by a classified annex. 

13 (C) In addition to the funds withheld pur14 suant to subparagraph (A)— 

15 (i) $75,000,000 of the funds made 

16 available pursuant to this paragraph shall 

17 be withheld from obligation until the Sec18 retary of State determines and reports to 

19 the Committees on Appropriations that the 

20 Government of Egypt is making consistent 

21 progress in ending arbitrary detention and 

22 the mistreatment of prisoners, and releas23 ing political prisoners, and is not engaging 

24 in a pattern of intimidation or harassment 

25 as referenced in 22 U.S.C. 2756; and 


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1 (ii) the Secretary of State shall take 

2 the necessary steps to ensure that the Gov3 ernment of Egypt provides for timely and 

4 fair compensation for injuries and losses 

5 suffered by American citizens as a result of 

6 actions by the Egyptian military. 

7 (b) IRAN.— 

8 (1) FUNDING.—Funds appropriated by this Act 

9 under the headings ‘‘Diplomatic Programs’’, ‘‘Eco10 nomic Support Fund’’, and ‘‘Nonproliferation, Anti11 terrorism, Demining and Related Programs’’ shall 

12 be made available to support: (A) the United States 

13 policy to prevent Iran from achieving the capability 

14 to produce or otherwise obtain a nuclear weapon; 

15 (B) an expeditious response to any violation of UN 

16 Security Council Resolutions or to efforts that ad17 vance Iran’s nuclear program; (C) the implementa18 tion and enforcement of sanctions against Iran for 

19 its support of nuclear weapons development, ter20 rorism, human rights abuses, and ballistic missile 

21 and weapons proliferation; and (D) democracy pro22 grams for Iran, to be administered by the Assistant 

23 Secretary of State for Democracy, Human Rights, 

24 and Labor. 

25 (2) REPORTS.— 


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1 (A) SEMI-ANNUAL REPORT.—The Sec2 retary of State shall submit to the Committees 

3 on Appropriations the semi-annual report re4 quired by section 135(d)(4) of the Atomic En5 ergy Act of 1954 (42 U.S.C. 2160e(d)(4)), as 

6 added by section 2 of the Iran Nuclear Agree7 ment Review Act of 2015 (Public Law 114–17). 

8 (B) SANCTIONS REPORT.—Not later than 

9 180 days after the date of enactment of this 

10 Act, the Secretary of State, in consultation with 

11 the Secretary of the Treasury, shall submit to 

12 the appropriate congressional committees a re13 port on— 

14 (i) the status of United States bilat15 eral sanctions on Iran; 

16 (ii) the reimposition and renewed en17 forcement of secondary sanctions; and 

18 (iii) the impact such sanctions have 

19 had on Iran’s destabilizing activities 

20 throughout the Middle East. 

21 (c) IRAQ.— 

22 (1) PURPOSES.—Funds appropriated under ti23 tles III and IV of this Act shall be made available 

24 for assistance for Iraq for— 


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1 (A) bilateral economic assistance and inter2 national security assistance, including in the 

3 Kurdistan Region of Iraq; 

4 (B) stabilization assistance, including in 

5 Anbar Province; 

6 (C) programs to support government 

7 transparency and accountability, judicial inde8 pendence, protect the right of due process, and 

9 combat corruption; 

10 (D) humanitarian assistance, including in 

11 the Kurdistan Region of Iraq; and 

12 (E) programs to protect and assist reli13 gious and ethnic minority populations in Iraq. 

14 (2) LIMITATIONS.—The Secretary of State shall 

15 ensure that funds appropriated under title IV of this 

16 Act that are made available for assistance for Iraqi 

17 security forces are monitored in accordance with sec18 tions 502B and 620M of the Foreign Assistance Act 

19 of 1961. 

20 (d) ISRAEL.— 

21 (1) Of the funds appropriated by this Act under 

22 the heading ‘‘Foreign Military Financing Program’’, 

23 not less than $3,300,000,000 shall be available for 

24 grants only for Israel which shall be disbursed with25 in 30 days of enactment of this Act: Provided, That 


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1 to the extent that the Government of Israel requests 

2 that funds be used for such purposes, grants made 

3 available for Israel under this heading shall, as 

4 agreed by the United States and Israel, be available 

5 for advanced weapons systems, of which not less 

6 than $785,300,000 shall be available for the pro7 curement in Israel of defense articles and defense 

8 services, including research and development. 

9 (2) Of the funds appropriated by this Act under 

10 the heading ‘‘Migration and Refugee Assistance’’, 

11 $5,000,000 shall be made available for refugees re12 settling in Israel. 

13 (e) JORDAN.—Of the funds appropriated by this Act 

14 under titles III and IV, not less than $1,250,000,000 shall 

15 be made available for assistance for Jordan: Provided, 

16 That up to an additional $400,000,000 under the heading 

17 ‘‘Economic Support Fund’’ may be made available for as18 sistance for Jordan, including for budget support. 

19 (f) LEBANON.— 

20 (1) ASSISTANCE.—Funds appropriated under 

21 titles III and IV of this Act shall be made available 

22 for assistance for Lebanon: Provided, That such 

23 funds made available under the heading ‘‘Economic 

24 Support Fund’’ may be made available notwith25 standing section 1224 of the Foreign Relations AuVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 thorization Act, Fiscal Year 2003 (Public Law 107– 

2 228; 22 U.S.C. 2346 note). 

3 (2) SECURITY ASSISTANCE.— 

4 (A) Funds appropriated by this Act under 

5 the headings ‘‘International Narcotics Control 

6 and Law Enforcement’’ and ‘‘Foreign Military 

7 Financing Program’’ that are made available 

8 for assistance for Lebanon may be made avail9 able for programs and equipment for the Leba10 nese Internal Security Forces (ISF) and the 

11 Lebanese Armed Forces (LAF) to address secu12 rity and stability requirements in areas affected 

13 by conflict in Syria, following consultation with 

14 the appropriate congressional committees. 

15 (B) Funds appropriated by this Act under 

16 the heading ‘‘Foreign Military Financing Pro17 gram’’ that are made available for assistance 

18 for Lebanon may only be made available for 

19 programs to— 

20 (i) professionalize the LAF to miti21 gate internal and external threats from 

22 non-state actors, including Hizballah; 

23 (ii) strengthen border security and 

24 combat terrorism, including training and 

25 equipping the LAF to secure the borders 


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1 of Lebanon and address security and sta2 bility requirements in areas affected by 

3 conflict in Syria, interdicting arms ship4 ments, and preventing the use of Lebanon 

5 as a safe haven for terrorist groups; and 

6 (iii) implement United Nations Secu7 rity Council Resolution 1701: 

8 Provided, That prior to obligating funds made 

9 available by this subparagraph for assistance 

10 for the LAF, the Secretary of State shall sub11 mit to the Committees on Appropriations a 

12 spend plan, including actions to be taken to en13 sure equipment provided to the LAF is used 

14 only for the intended purposes, except such plan 

15 may not be considered as meeting the notifica16 tion requirements under section 7015 of this 

17 Act or under section 634A of the Foreign As18 sistance Act of 1961: Provided further, That 

19 any notification submitted pursuant to such 

20 section shall include any funds specifically in21 tended for lethal military equipment. 

22 (3) LIMITATION.—None of the funds appro23 priated by this Act may be made available for the 

24 ISF or the LAF if the ISF or the LAF is controlled 

25 by a foreign terrorist organization, as designated 


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1 pursuant to section 219 of the Immigration and Na2 tionality Act (8 U.S.C. 1189). 

3 (g) LIBYA.—Funds appropriated under titles III and 

4 IV of this Act shall be made available for stabilization as5 sistance for Libya, including support for a United Na6 tions-facilitated political process and border security: Pro7 vided, That the limitation on the uses of funds for certain 

8 infrastructure projects in section 7041(f)(2) of the De9 partment of State, Foreign Operations, and Related Pro10 grams Appropriations Act, 2014 (division K of Public Law 

11 113–76) shall apply to such funds. 

12 (h) SAUDI ARABIA.— 

13 (1) PROHIBITION ON ASSISTANCE.—None of 

14 the funds appropriated by this Act and prior Acts 

15 making appropriations for the Department of State, 

16 foreign operations, and related programs may be 

17 made available for assistance for the Government of 

18 Saudi Arabia. 

19 (2) EXPORT-IMPORT BANK.—None of the funds 

20 appropriated or otherwise made available by this Act 

21 and prior Acts making appropriations for the De22 partment of State, foreign operations, and related 

23 programs should be obligated or expended by the 

24 Export-Import Bank of the United States to guar25 antee, insure, or extend (or participate in the extenVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 sion of) credit in connection with the export of nu2 clear technology, equipment, fuel, materials, or other 

3 nuclear technology-related goods or services to Saudi 

4 Arabia unless the Government of Saudi Arabia— 

5 (A) has in effect a nuclear cooperation 

6 agreement pursuant to section 123 of the 

7 Atomic Energy Act of 1954 (42 U.S.C. 2153); 

8 (B) has committed to renounce uranium 

9 enrichment and reprocessing on its territory 

10 under that agreement; and 

11 (C) has signed and implemented an Addi12 tional Protocol to its Comprehensive Safeguards 

13 Agreement with the International Atomic En14 ergy Agency. 

15 (i) SYRIA.— 

16 (1) NON-LETHAL ASSISTANCE.—Funds appro17 priated by this Act under the headings ‘‘Economic 

18 Support Fund’’, ‘‘International Narcotics Control 

19 and Law Enforcement’’, and ‘‘Peacekeeping Oper20 ations’’, may be made available, notwithstanding any 

21 other provision of law, for non-lethal stabilization as22 sistance for Syria, including for emergency medical 

23 and rescue response and chemical weapons investiga24 tions. 


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1 (2) LIMITATIONS.—Funds made available pur2 suant to paragraph (1) of this subsection— 

3 (A) may not be made available for a 

4 project or activity that supports or otherwise le5 gitimizes the Government of Iran, foreign ter6 rorist organizations (as designated pursuant to 

7 section 219 of the Immigration and Nationality 

8 Act (8 U.S.C. 1189)), or a proxy of Iran in 

9 Syria; 

10 (B) may not be made available for activi11 ties that further the strategic objectives of the 

12 Government of the Russian Federation that the 

13 Secretary of State determines may threaten or 

14 undermine United States national security in15 terests; and 

16 (C) should not be used in areas of Syria 

17 controlled by a government led by Bashar al18 Assad or associated forces. 

19 (3) AUTHORITY.—The President may exercise 

20 the authority of sections 552(c) and 610 of the For21 eign Assistance Act of 1961 to provide assistance for 

22 Syria, notwithstanding any other provision of law 

23 and without regard to the percentage and dollar lim24 itations in such sections. 


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1 (4) CONSULTATION AND NOTIFICATION.— 

2 Funds made available pursuant to this subsection 

3 may only be made available following consultation 

4 with the appropriate congressional committees, and 

5 shall be subject to the regular notification proce6 dures of the Committees on Appropriations. 

7 (j) TUNISIA.— 

8 (1) ASSISTANCE.—Funds appropriated under 

9 titles III and IV of this Act should be made avail10 able for assistance for Tunisia to implement the re11 forms enumerated in section 7041(m)(1) through (4) 

12 of this Act. 

13 (2) REPORT.—Prior to the obligation of funds 

14 appropriated by this Act under the heading ‘‘For15 eign Military Financing Program’’ for assistance for 

16 Tunisia but not later than 45 days after enactment 

17 of this Act, the Secretary of State shall submit a re18 port to the Committees on Appropriations on wheth19 er— 

20 (A) the Tunisian military has participated 

21 in or otherwise supported the democratic back22 sliding in Tunisia; 

23 (B) the Government of Tunisia is using or 

24 relying on the military to reinforce its auto25 cratic actions; and 


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1 (C) the government is taking credible steps 

2 to restore constitutional order and democratic 

3 governance, including respecting freedom of ex4 pression, association, and the press, and the 

5 rights of members of political parties. 

6 (k) WEST BANK AND GAZA.— 

7 (1) ASSISTANCE.—Of the funds appropriated by 

8 this Act under the heading ‘‘Economic Support 

9 Fund’’, not less than $225,000,000 shall be made 

10 available for programs in the West Bank and Gaza, 

11 including for water, sanitation, and other municipal 

12 infrastructure improvements. 

13 (2) REPORT.—Prior to the initial obligation of 

14 funds made available by this Act under the heading 

15 ‘‘Economic Support Fund’’ for assistance for the 

16 West Bank and Gaza, the Secretary of State shall 

17 report to the Committees on Appropriations that the 

18 purpose of such assistance is to— 

19 (A) advance Middle East peace; 

20 (B) improve security in the region; 

21 (C) continue support for transparent and 

22 accountable government institutions; 

23 (D) promote a private sector economy; or 

24 (E) address urgent humanitarian needs. 

25 (3) LIMITATIONS.— 


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1 (A)(i) None of the funds appropriated 

2 under the heading ‘‘Economic Support Fund’’ 

3 in this Act may be made available for assistance 

4 for the Palestinian Authority, if after the date 

5 of enactment of this Act— 

6 (I) the Palestinians obtain the same 

7 standing as member states or full member8 ship as a state in the United Nations or 

9 any specialized agency thereof outside an 

10 agreement negotiated between Israel and 

11 the Palestinians; or 

12 (II) the Palestinians initiate an Inter13 national Criminal Court (ICC) judicially 

14 authorized investigation, or actively sup15 port such an investigation, that subjects 

16 Israeli nationals to an investigation for al17 leged crimes against Palestinians. 

18 (ii) The Secretary of State may waive the 

19 restriction in clause (i) of this subparagraph re20 sulting from the application of subclause (I) of 

21 such clause if the Secretary certifies to the 

22 Committees on Appropriations that to do so is 

23 in the national security interest of the United 

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1 ation of assistance would assist in furthering 

2 Middle East peace. 

3 (B)(i) The President may waive the provi4 sions of section 1003 of the Foreign Relations 

5 Authorization Act, Fiscal Years 1988 and 1989 

6 (Public Law 100–204) if the President deter7 mines and certifies in writing to the Speaker of 

8 the House of Representatives, the President pro 

9 tempore of the Senate, and the appropriate con10 gressional committees that the Palestinians 

11 have not, after the date of enactment of this 

12 Act— 

13 (I) obtained in the United Nations or 

14 any specialized agency thereof the same 

15 standing as member states or full member16 ship as a state outside an agreement nego17 tiated between Israel and the Palestinians; 

18 and 

19 (II) initiated or actively supported an 

20 ICC investigation against Israeli nationals 

21 for alleged crimes against Palestinians. 

22 (ii) Not less than 90 days after the Presi23 dent is unable to make the certification pursu24 ant to clause (i) of this subparagraph, the 

25 President may waive section 1003 of Public 


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1 Law 100–204 if the President determines and 

2 certifies in writing to the Speaker of the House 

3 of Representatives, the President pro tempore 

4 of the Senate, and the Committees on Appro5 priations that the Palestinians have entered 

6 into direct and meaningful negotiations with 

7 Israel: Provided, That any waiver of the provi8 sions of section 1003 of Public Law 100–204 

9 under clause (i) of this subparagraph or under 

10 previous provisions of law must expire before 

11 the waiver under this clause may be exercised. 

12 (iii) Any waiver pursuant to this subpara13 graph shall be effective for no more than a pe14 riod of 6 months at a time and shall not apply 

15 beyond 12 months after the enactment of this 

16 Act. 

17 (4) APPLICATION OF TAYLOR FORCE ACT.— 

18 Funds appropriated by this Act under the heading 

19 ‘‘Economic Support Fund’’ that are made available 

20 for assistance for the West Bank and Gaza shall be 

21 made available consistent with section 1004(a) of 

22 the Taylor Force Act (title X of division S of Public 

23 Law 115–141). 

24 (l) WESTERN SAHARA.— 


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1 (1) Funds appropriated by this Act under titles 

2 I through IV shall be made available for assistance 

3 for the Western Sahara, including to support diplo4 matic efforts to facilitate a political settlement of the 

5 conflict in the Western Sahara. 

6 (2) None of the funds appropriated or otherwise 

7 made available by this Act or prior Acts making ap8 propriations for the Department of State, foreign 

9 operations, and related programs may be used to 

10 support the construction or operation in the Western 

11 Sahara of a United States consulate. 

12 (m) ECONOMIC AND GOVERNANCE REFORMS.—Prior 

13 to the initial obligation of funds appropriated by this Act 

14 under the heading ‘‘Economic Support Fund’’ for assist15 ance for the governments of Egypt, Jordan, Lebanon, and 

16 Tunisia, but not later than 90 days after enactment of 

17 this Act, the Secretary of State shall submit a report to 

18 the Committees on Appropriations on the extent to which 

19 each government is making consistent progress in increas20 ing equitable economic growth and opportunity, improving 

21 governance, and reducing corruption, including by— 

22 (1) implementing free market and civil service 

23 reforms, raising revenue to support public utilities 

24 and services, and reducing subsidies; 


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1 (2) improving transparency and accountability 

2 to reduce waste, enhance efficiencies, and prevent 

3 conflicts of interest and other corrupt practices re4 lated to public service and expenditures; 

5 (3) enforcing laws and policies that protect 

6 freedom of expression, association, and the press, 

7 and the right of due process; and 

8 (4) strengthening judicial independence, includ9 ing the transparent selection of judges. 

10 AFRICA

11 SEC. 7042. (a) AFRICAN GREAT LAKES REGION AS12 SISTANCE RESTRICTION.—Funds appropriated by this Act 

13 under the heading ‘‘International Military Education and 

14 Training’’ for the central government of a country in the 

15 African Great Lakes region may be made available only 

16 for Expanded International Military Education and Train17 ing and professional military education until the Secretary 

18 of State determines and reports to the Committees on Ap19 propriations that such government is not facilitating or 

20 otherwise participating in destabilizing activities in a 

21 neighboring country, including aiding and abetting armed 

22 groups. 

23 (b) ETHIOPIA.— 

24 (1) PROHIBITION.—None of the funds appro25 priated by this Act under the heading ‘‘Foreign MiliVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 tary Financing Program’’ may be made available for 

2 assistance for Ethiopia. 

3 (2) RESTRICTIONS.—The Secretary of the 

4 Treasury shall instruct the United States executive 

5 director of each international financial institution— 

6 (A) to use the voice and vote of the United 

7 States to oppose any loan or extension of finan8 cial or technical assistance to the Government 

9 of Ethiopia; and 

10 (B) to work with other key donor countries 

11 to develop a coherent policy for future engage12 ment with, and lending to, the Government of 

13 Ethiopia, in a manner that protects human 

14 rights and promotes peace and reconciliation. 

15 (3) EXCEPTION.—The restrictions under para16 graph (2) shall not apply— 

17 (A) with respect to loans or financial or 

18 technical assistance for humanitarian purposes 

19 or to support projects that meet basic human 

20 needs; and 

21 (B) on or after the date that is 30 days 

22 after the Secretary of State determines and re23 ports to the appropriate congressional commit24 tees that the Government of Ethiopia has— 


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1 (i) ceased all offensive military oper2 ations; 

3 (ii) taken credible and sustained steps 

4 toward a genuine political dialogue to end 

5 the conflict; 

6 (iii) implemented measures to protect 

7 human rights and ensure adherence to 

8 international humanitarian law and inter9 national refugee law; 

10 (iv) continuously allowed unimpeded 

11 humanitarian access; and 

12 (v) cooperated with independent inves13 tigations of serious violations of human 

14 rights. 

15 (c) DEMOCRATIC REPUBLIC OF THE CONGO.—Of the 

16 funds appropriated under titles III and IV of this Act, 

17 not less than $325,000,000 shall be made available for 

18 assistance for the Democratic Republic of the Congo 

19 (DRC) for stabilization, global health, and bilateral eco20 nomic assistance, including in areas affected by, and at 

21 risk from, the Ebola virus disease: Provided, That such 

22 funds shall also be made available to support security, sta23 bilization, development, and democracy in Eastern DRC: 

24 Provided further, That funds appropriated by this Act 

25 under the headings ‘‘Peacekeeping Operations’’ and 


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1 ‘‘International Military Education and Training’’ that are 

2 made available for such purposes may be made available 

3 notwithstanding any other provision of law, except section 

4 620M of the Foreign Assistance Act of 1961. 

5 (d) MOZAMBIQUE.—Of the funds appropriated under 

6 titles III and IV of this Act, not less than $537,500,000 

7 shall be made available for assistance for Mozambique, in8 cluding for stabilization, global health, and bilateral eco9 nomic assistance in areas affected by violent extremism. 

10 (e) SOUTH SUDAN.— 

11 (1) ASSISTANCE.—Funds appropriated under 

12 title III of this Act that are made available for as13 sistance for South Sudan should be made available 

14 for democracy programs and for conflict mitigation 

15 and reconciliation programs. 

16 (2) LIMITATION ON ASSISTANCE FOR THE CEN17 TRAL GOVERNMENT.—Funds appropriated by this 

18 Act that are made available for assistance for the 

19 central Government of South Sudan may only be 

20 made available, following consultation with the Com21 mittees on Appropriations, for— 

22 (A) humanitarian assistance; 

23 (B) health programs, including to prevent, 

24 detect, and respond to infectious diseases; 


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1 (C) assistance to support South Sudan 

2 peace negotiations or to advance or implement 

3 a peace agreement; and 

4 (D) assistance to support implementation 

5 of outstanding issues of the Comprehensive 

6 Peace Agreement, and subsequent and mutual 

7 arrangements related to such agreement, or any 

8 other internationally recognized viable peace 

9 agreement in South Sudan: 

10 Provided, That prior to the initial obligation of 

11 funds made available pursuant to subparagraphs (C) 

12 and (D), the Secretary of State shall consult with 

13 the Committees on Appropriations on the intended 

14 uses of such funds and steps taken by such govern15 ment to advance or implement a peace agreement. 

16 (f) SUDAN.— 

17 (1) ASSISTANCE.—Funds appropriated by this 

18 Act and prior Acts making appropriations for the 

19 Department of State, foreign operations, and related 

20 programs, except funds designated by the Congress 

21 as an emergency requirement pursuant to a concur22 rent resolution on the budget or the Balanced Budg23 et and Emergency Deficit Control Act, may be made 

24 available for assistance for Sudan notwithstanding 

25 any other provision of law except sections 502B and 


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1 620M of the Foreign Assistance Act of 1961, the 

2 Trafficking Victims Protection Act of 2000, and the 

3 Child Soldiers Prevention Act of 2008. 

4 (2) LIMITATION.—None of the funds appro5 priated under title IV of this Act may be made avail6 able for military assistance for Sudan except with 

7 the consent of relevant civilian transitional authori8 ties, and only for— 

9 (A) Expanded International Military Edu10 cation and Training and professional military 

11 education; 

12 (B) security sector reform; and 

13 (C) assistance to support implementation 

14 of outstanding issues of the Juba Peace Agree15 ment, Comprehensive Peace Agreement, mutual 

16 arrangements related to post-referendum issues 

17 associated with such Agreement, or any other 

18 viable peace agreement in Sudan. 

19 (3) CONSULTATION AND NOTIFICATION.— 

20 Funds appropriated by this Act and prior Acts mak21 ing appropriations for the Department of State, for22 eign operations, and related programs that are made 

23 available for any new program, project, or activity in 

24 Sudan shall be subject to prior consultation with the 

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1 ular notification procedures of the Committees on 

2 Appropriations. 

3 (g) ZIMBABWE.— 

4 (1) INSTRUCTION.—The Secretary of the Treas5 ury shall instruct the United States executive direc6 tor of each international financial institution to vote 

7 against any loan, credit, grant, or guarantee for 

8 Zimbabwe, except to meet basic human needs or to 

9 promote democracy, unless the Secretary of State 

10 certifies and reports to the Committees on Appro11 priations that the Government of Zimbabwe is mak12 ing consistent progress in strengthening democratic 

13 institutions and protecting freedom of expression, 

14 association, and assembly. 

15 (2) LIMITATION.—None of the funds appro16 priated by this Act shall be made available for as17 sistance for the central Government of Zimbabwe, 

18 except for health and education, unless the Secretary 

19 of State certifies and reports as required in para20 graph (1). 

21 EAST ASIA AND THE PACIFIC

22 SEC. 7043. (a) BURMA.— 

23 (1) USES OF FUNDS.—Of the funds appro24 priated by this Act, not less than $136,127,000 shall 

25 be made available for assistance for Burma, which— 


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1 (A) may be made available notwithstanding 

2 any other provision of law and following con3 sultation with the appropriate congressional 

4 committees; 

5 (B) may be made available for support for 

6 the administrative operations and programs of 

7 the National Unity Government of the Republic 

8 of the Union of Myanmar (NUG), the Civil Dis9 obedience Movement, and other entities pro10 moting democracy, following consultation with 

11 the appropriate congressional committees: Pro12 vided, That such administrative operations sup13 port for the NUG may only be made available 

14 for the Ministry of Human Rights and the Min15 istry of Women, Youths and Children Affairs; 

16 (C) shall be made available for programs 

17 to promote ethnic and religious tolerance and to 

18 combat gender-based violence, including in 

19 Kachin, Chin, Mon, Karen, Karenni, Rakhine, 

20 and Shan states; 

21 (D) shall be made available for community22 based organizations with experience operating 

23 in Thailand to provide food, medical, and other 

24 humanitarian assistance to internally displaced 

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1 ance for Burmese refugees from funds appro2 priated by this Act under the heading ‘‘Migra3 tion and Refugee Assistance’’; 

4 (E) shall be made available for programs 

5 and activities to investigate and document viola6 tions of human rights in Burma committed by 

7 the military junta; 

8 (F) may not be made available for assist9 ance for the State Administration Council; 

10 (G) may not be made available to any or11 ganization or entity controlled by the military 

12 junta in Burma, or to any individual or organi13 zation that has committed, or is credibly alleged 

14 to have committed, a gross violation of human 

15 rights or who advocates violence against ethnic 

16 or religious groups or individuals in Burma, as 

17 determined by the Secretary of State for pro18 grams administered by the Department of State 

19 and USAID or the President of the National 

20 Endowment for Democracy (NED) for pro21 grams administered by NED; and 

22 (H) may not be made available for assist23 ance under the headings ‘‘International Military 

24 Education and Training’’ and ‘‘Foreign Military 

25 Financing Program’’. 


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1 (2) CONSULTATION.—Any new program or ac2 tivity in Burma initiated in fiscal year 2022 shall be 

3 subject to prior consultation with the appropriate 

4 congressional committees. 

5 (b) CAMBODIA.— 

6 (1) ASSISTANCE.—Of the funds appropriated 

7 under title III of this Act, not less than $82,505,000 

8 shall be made available for assistance for Cambodia. 

9 (2) CERTIFICATION AND EXCEPTIONS.— 

10 (A) CERTIFICATION.—None of the funds 

11 appropriated by this Act that are made avail12 able for assistance for the Government of Cam13 bodia may be obligated or expended unless the 

14 Secretary of State certifies and reports to the 

15 Committees on Appropriations that such Gov16 ernment is taking effective steps to— 

17 (i) strengthen regional security and 

18 stability, particularly regarding territorial 

19 disputes in the South China Sea and the 

20 enforcement of international sanctions with 

21 respect to North Korea; 

22 (ii) assert its sovereignty against in23 terference by the People’s Republic of 

24 China, including by verifiably maintaining 

25 the neutrality of Ream Naval Base, other 


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1 military installations in Cambodia, and 

2 dual use facilities such as the Dara Sakor 

3 development project; 

4 (iii) cease violence, threats, and har5 assment against civil society and the polit6 ical opposition in Cambodia, and dismiss 

7 any politically motivated criminal charges 

8 against critics of the government; and 

9 (iv) respect the rights, freedoms, and 

10 responsibilities enshrined in the Constitu11 tion of the Kingdom of Cambodia as en12 acted in 1993. 

13 (B) EXCEPTIONS.—The certification re14 quired by subparagraph (A) shall not apply to 

15 funds appropriated by this Act and made avail16 able for democracy, health, education, and envi17 ronment programs, programs to strengthen the 

18 sovereignty of Cambodia, and programs to edu19 cate and inform the people of Cambodia of the 

20 influence activities of the People’s Republic of 

21 China in Cambodia. 

22 (3) USES OF FUNDS.—Funds appropriated 

23 under title III of this Act for assistance for Cam24 bodia shall be made available for— 


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1 (A) research, documentation, and edu2 cation programs associated with the Khmer 

3 Rouge in Cambodia; 

4 (B) assistance for survivors of the Khmer 

5 Rouge; and 

6 (C) programs in the Khmer language to 

7 monitor, map, and publicize the efforts by the 

8 People’s Republic of China to expand its influ9 ence in Cambodia. 

10 (c) INDO-PACIFIC STRATEGY AND THE ASIA REAS11 SURANCE INITIATIVE ACT OF 2018.— 

12 (1) ASSISTANCE.—Of the funds appropriated 

13 under titles III and IV of this Act, not less than 

14 $1,605,105,000 shall be made available to support 

15 implementation of the Indo-Pacific Strategy and the 

16 Asia Reassurance Initiative Act of 2018 (Public Law 

17 115–409). 

18 (2) COUNTERING PRC INFLUENCE FUND.—Of 

19 the funds appropriated by this Act under the head20 ings ‘‘Development Assistance’’, ‘‘Economic Support 

21 Fund’’, ‘‘International Narcotics Control and Law 

22 Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 

23 Demining and Related Programs’’, and ‘‘Foreign 

24 Military Financing Program’’, not less than 

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1 tering PRC Influence Fund to counter the influence 

2 of the Government of the People’s Republic of China 

3 and the Chinese Communist Party and entities act4 ing on their behalf globally, which shall be subject 

5 to prior consultation with the Committees on Appro6 priations: Provided, That such funds are in addition 

7 to amounts otherwise made available for such pur8 poses: Provided further, That such funds appro9 priated under such headings may be transferred to, 

10 and merged with, funds appropriated under such 

11 headings: Provided further, That such transfer au12 thority is in addition to any other transfer authority 

13 provided by this Act or any other Act, and is subject 

14 to the regular notification procedures of the Com15 mittees on Appropriations. 

16 (3) RESTRICTION ON USES OF FUNDS.—None 

17 of the funds appropriated by this Act and prior Acts 

18 making appropriations for the Department of State, 

19 foreign operations, and related programs may be 

20 made available for any project or activity that di21 rectly supports or promotes— 

22 (A) the Belt and Road Initiative or any 

23 dual-use infrastructure projects of the People’s 

24 Republic of China; and 


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1 (B) the use of technology, including bio2 technology, digital, telecommunications, and 

3 cyber, developed by the People’s Republic of 

4 China unless the Secretary of State, in con5 sultation with the USAID Administrator and 

6 the heads of other Federal agencies, as appro7 priate, determines that such use does not ad8 versely impact the national security of the 

9 United States. 

10 (d) LAOS.—Of the funds appropriated by this Act 

11 under titles III and IV, not less than $85,000,000 shall 

12 be made available for assistance for Laos, of which not 

13 less than— 

14 (1) $7,500,000 shall be made available for ma15 ternal and child health and nutrition programs; 

16 (2) $1,500,000 shall be made available for 

17 health/disability programs in areas sprayed with 

18 Agent Orange; 

19 (3) $1,500,000 shall be made available for as20 sessments to determine the extent of dioxin contami21 nation at former United States military sites in 

22 Laos, and the feasibility and cost of remediation; 

23 and 


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1 (4) $45,000,000 shall be made available for 

2 demining and unexploded ordnance clearance activi3 ties. 

4 (e) NORTH KOREA.— 

5 (1) CYBERSECURITY.—None of the funds ap6 propriated by this Act or prior Acts making appro7 priations for the Department of State, foreign oper8 ations, and related programs may be made available 

9 for assistance for the central government of a coun10 try the Secretary of State determines and reports to 

11 the appropriate congressional committees engages in 

12 significant transactions contributing materially to 

13 the malicious cyber-intrusion capabilities of the Gov14 ernment of North Korea: Provided, That the Sec15 retary of State shall submit the report required by 

16 section 209 of the North Korea Sanctions and Policy 

17 Enhancement Act of 2016 (Public Law 114–122; 22 

18 U.S.C. 9229) to the Committees on Appropriations: 

19 Provided further, That the Secretary of State may 

20 waive the application of the restriction in this para21 graph with respect to assistance for the central gov22 ernment of a country if the Secretary determines 

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1 curity interest of the United States, including a de2 scription of such interest served. 

3 (2) BROADCASTS.—Funds appropriated by this 

4 Act under the heading ‘‘International Broadcasting 

5 Operations’’ shall be made available to maintain 

6 broadcasting hours into North Korea at levels not 

7 less than the prior fiscal year. 

8 (3) HUMAN RIGHTS.—Funds appropriated by 

9 this Act under the headings ‘‘Economic Support 

10 Fund’’ and ‘‘Democracy Fund’’ shall be made avail11 able for the promotion of human rights in North 

12 Korea: Provided, That the authority of section 

13 7032(b)(1) of this Act shall apply to such funds. 

14 (4) LIMITATION ON USE OF FUNDS.—None of 

15 the funds made available by this Act under the 

16 heading ‘‘Economic Support Fund’’ may be made 

17 available for assistance for the Government of North 

18 Korea. 

19 (f) PEOPLE’S REPUBLIC OF CHINA.— 

20 (1) LIMITATION ON USE OF FUNDS.—None of 

21 the funds appropriated under the heading ‘‘Diplo22 matic Programs’’ in this Act may be obligated or ex23 pended for processing licenses for the export of sat24 ellites of United States origin (including commercial 

25 satellites and satellite components) to the People’s 


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1 Republic of China (PRC) unless, at least 15 days in 

2 advance, the Committees on Appropriations are noti3 fied of such proposed action. 

4 (2) PEOPLE’S LIBERATION ARMY.—The terms 

5 and requirements of section 620(h) of the Foreign 

6 Assistance Act of 1961 shall apply to foreign assist7 ance projects or activities of the People’s Liberation 

8 Army (PLA) of the PRC, to include such projects or 

9 activities by any entity that is owned or controlled 

10 by, or an affiliate of, the PLA: Provided, That none 

11 of the funds appropriated or otherwise made avail12 able pursuant to this Act may be used to finance 

13 any grant, contract, or cooperative agreement with 

14 the PLA, or any entity that the Secretary of State 

15 has reason to believe is owned or controlled by, or 

16 an affiliate of, the PLA. 

17 (3) HONG KONG.— 

18 (A) DEMOCRACY PROGRAMS.—Of the 

19 funds appropriated by this Act under the first 

20 paragraph under the heading ‘‘Democracy 

21 Fund’’, not less than $5,000,000 shall be made 

22 available for democracy and Internet freedom 

23 programs for Hong Kong, including legal and 

24 other support for democracy activists. 


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1 (B) RESTRICTIONS ON ASSISTANCE.—None 

2 of the funds appropriated by this Act or prior 

3 Acts making appropriations for the Department 

4 of State, foreign operations, and related pro5 grams that are made available for assistance for 

6 Hong Kong should be obligated for assistance 

7 for the Government of the People’s Republic of 

8 China and the Chinese Communist Party or 

9 any entity acting on their behalf in Hong Kong. 

10 (C) REPORT.—Funds appropriated under 

11 title I of this Act shall be made available to pre12 pare and submit to Congress the report re13 quired by section 301 of the United States14 Hong Kong Policy Act of 1992 (22 U.S.C. 

15 5731), which shall include the information de16 scribed in section 7043(f)(4)(B) of the Depart17 ment of State, Foreign Operations, and Related 

18 Programs Appropriations Act, 2020 (division G 

19 of Public Law 116–94) and under section 

20 7043(f)(3)(C) in the explanatory statement de21 scribed in section 4 in the matter preceding di22 vision A of the Department of State, Foreign 

23 Operations, and Related Programs Appropria24 tions Act, 2021 (division K of Public Law 116– 

25 260). 


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1 (4) CLARIFICATION.—Funds appropriated by 

2 this Act and prior Acts making appropriations for 

3 the Department of State, foreign operations, and re4 lated programs that are made available for programs 

5 in the People’s Republic of China may be used to 

6 counter the impact of Chinese influence and invest7 ments in the Greater Mekong Subregion, following 

8 consultation with the Committees on Appropriations. 

9 (g) PHILIPPINES.—None of the funds appropriated 

10 by this Act may be made available for counternarcotics 

11 assistance for the Philippines, except for drug demand re12 duction, maritime law enforcement, or transnational inter13 diction: Provided, That funds appropriated by this Act 

14 under the heading ‘‘Foreign Military Financing Program’’ 

15 should only be made available for maritime security and 

16 domain awareness: Provided further, That not later than 

17 45 days after enactment of this Act, the Secretary of State 

18 shall submit to the Committees on Appropriations the re19 port required under this heading in the explanatory state20 ment accompanying this Act. 

21 (h) TIBET.— 

22 (1) MULTILATERAL FINANCING OF PROJECTS

23 IN TIBET.—The Secretary of the Treasury should in24 struct the United States executive director of each 

25 international financial institution to use the voice 


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1 and vote of the United States to support financing 

2 of projects in Tibet if such projects do not provide 

3 incentives for the migration and settlement of non4 Tibetans into Tibet or facilitate the transfer of own5 ership of Tibetan land and natural resources to non6 Tibetans, are based on a thorough needs-assessment, 

7 foster self-sufficiency of the Tibetan people and re8 spect Tibetan culture and traditions, and are subject 

9 to effective monitoring. 

10 (2) PROGRAMS FOR TIBETAN COMMUNITIES.— 

11 (A) Of the funds appropriated by this Act 

12 under the heading ‘‘Economic Support Fund’’, 

13 not less than $13,000,000 shall be made avail14 able to nongovernmental organizations to sup15 port activities which preserve cultural traditions 

16 and promote sustainable development, edu17 cation, and environmental conservation in Ti18 betan communities in the Tibet Autonomous 

19 Region and in other Tibetan communities in 

20 China. 

21 (B) Of the funds appropriated by this Act 

22 under the heading ‘‘Economic Support Fund’’, 

23 not less than $7,000,000 shall be made avail24 able for programs to promote and preserve Ti25 betan culture and language in the refugee and 


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1 diaspora Tibetan communities, development, 

2 and the resilience of Tibetan communities and 

3 the Central Tibetan Administration in India 

4 and Nepal, and to assist in the education and 

5 development of the next generation of Tibetan 

6 leaders from such communities: Provided, That 

7 such funds are in addition to amounts made 

8 available in subparagraph (A) for programs in9 side Tibet. 

10 (C) Of the funds appropriated by this Act 

11 under the heading ‘‘Economic Support Fund’’, 

12 not less than $3,000,000 shall be made avail13 able for programs to strengthen the capacity of 

14 the Central Tibetan Administration: Provided, 

15 That such funds shall be administered by the 

16 United States Agency for International Devel17 opment. 

18 (D) Funds made available pursuant to this 

19 paragraph may be made available notwith20 standing any other provision of law. 

21 (3) TIBETAN INSTITUTES PROMOTING DEMOC22 RACY AND RELIGIOUS FREEDOM.—Of the funds ap23 propriated by this Act under the heading ‘‘Economic 

24 Support Fund’’ that are made available for the 

25 Countering PRC Influence Fund, not less than 


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1 $3,000,000 shall be made available, on a competitive 

2 basis, as grants for operations and program ex3 penses of one or more Tibetan institutes established 

4 by Tibetan nationals and located in Asia, a purpose 

5 of which is to support democracy and religious free6 dom in Tibet and the People’s Republic of China 

7 and to counter the influence of Confucius Institutes: 

8 Provided, That such funds shall be the responsibility 

9 of the Assistant Secretary of State for Democracy, 

10 Human Rights, and Labor, and shall be in addition 

11 to funds otherwise made available for such purposes. 

12 (i) VIETNAM.—Of the funds appropriated under titles 

13 III and IV of this Act, not less than $181,000,000 shall 

14 be made available for assistance for Vietnam, of which not 

15 less than— 

16 (1) $15,000,000 shall be made available for 

17 health and disability programs related to the use of 

18 Agent Orange and exposure to dioxin, to assist indi19 viduals with severe upper or lower body mobility im20 pairment or cognitive or developmental disabilities; 

21 (2) $19,000,000 shall be made available for 

22 demining and unexploded ordnance clearance activi23 ties; 

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1 ties related to the remediation of dioxin contami2 nated sites in Vietnam and may be made available 

3 for assistance for the Government of Vietnam, in4 cluding the military, for such purposes; 

5 (4) $2,000,000 shall be made available for a 

6 war legacy reconciliation program; and 

7 (5) $15,000,000 shall be made available for 

8 higher education programs. 

9 SOUTH AND CENTRAL ASIA

10 SEC. 7044. (a) AFGHANISTAN.— 

11 (1) ASSISTANCE.— 

12 (A) None of the funds appropriated by this 

13 Act and prior Acts making appropriations for 

14 the Department of State, foreign operations, 

15 and related programs and made available for 

16 assistance for Afghanistan may be made avail17 able for direct assistance to the Taliban. 

18 (B) Funds appropriated by this Act under 

19 the heading ‘‘Economic Support Fund’’ that are 

20 available for assistance for Afghanistan should 

21 be made available to support higher education 

22 programs for Afghan students, including 

23 through distance learning and scholarships to 

24 institutions located outside of Afghanistan. 


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1 (2) REPORT.—Not later than 30 days after en2 actment of this Act and every 60 days thereafter 

3 until September 30, 2022, the Secretary of State 

4 shall submit a report to the Committees on Appro5 priations, in classified form if necessary, detailing 

6 the status of United States diplomatic facilities in 

7 Afghanistan, including whether such facilities are oc8 cupied and controlled by United States officials or 

9 contractors, information regarding any breach of 

10 such facilities by the Taliban or other non-United 

11 States Government entities, the plan and costs asso12 ciated with the security and maintenance of such fa13 cilities beginning in August 2021, and an estimate 

14 of the cost of any losses regarding physical damage 

15 or violation of the integrity of the security associated 

16 with such facilities. 

17 (b) BANGLADESH.—Of the funds appropriated under 

18 titles III and IV of this Act, not less than $198,325,000 

19 shall be made available for assistance for Bangladesh, of 

20 which— 

21 (1) not less than $23,500,000 shall be made 

22 available to address the needs of communities im23 pacted by refugees from Burma; 

24 (2) not less than $10,000,000 shall be made 

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1 sion and association, and the right of due process; 

2 and 

3 (3) not less than $23,300,000 shall be made 

4 available for democracy programs, of which not less 

5 than $2,000,000 shall be made available for such 

6 programs for the Rohingya community in Ban7 gladesh. 

8 (c) NEPAL.—Funds appropriated by this Act under 

9 the heading ‘‘Foreign Military Financing Program’’ that 

10 are made available for assistance for Nepal shall only be 

11 made available for humanitarian and disaster relief and 

12 reconstruction activities, and in support of international 

13 peacekeeping operations: Provided, That such funds may 

14 only be made available for additional uses if the Secretary 

15 of State certifies and reports to the Committees on Appro16 priations that the Government of Nepal is investigating 

17 and prosecuting violations of human rights and the laws 

18 of war by the Nepal Army, and the Nepal Army is cooper19 ating fully with civilian judicial authorities in such cases. 

20 (d) PAKISTAN.— 

21 (1) TERMS AND CONDITIONS.—The terms and 

22 conditions of section 7044(c) of the Department of 

23 State, Foreign Operations, and Related Programs 

24 Appropriations Act, 2019 (division F of Public Law 


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1 116–6) shall continue in effect during fiscal year 

2 2022. 

3 (2) ASSISTANCE.—Of the funds appropriated 

4 under title III of this Act that are made available 

5 for assistance for Pakistan, not less than 

6 $15,000,000 shall be made available for democracy 

7 programs and not less than $10,000,000 shall be 

8 made available for gender programs. 

9 (e) SRI LANKA.— 

10 (1) ASSISTANCE.—Funds appropriated by this 

11 Act under titles I and III should be made available 

12 for assistance for Sri Lanka for— 

13 (A) educational and cultural exchanges; 

14 (B) public diplomacy programs; 

15 (C) democracy and governance programs; 

16 and 

17 (D) economic development programs, par18 ticularly in areas recovering from ethnic and re19 ligious conflict. 

20 (2) NOTIFICATION.—Funds made available for 

21 assistance for any other purposes in Sri Lanka shall 

22 be subject to prior consultation with, and the regular 

23 notification procedures of, the Committees on Ap24 propriations. 


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1 (3) LIMITATION.—None of the funds appro2 priated by this Act may be made available for assist3 ance for the Sri Lankan armed forces, except for 

4 maritime security and domain awareness, including 

5 professionalization and training for the navy and 

6 coast guard. 

7 (4) INELIGIBILITY.—The Secretary of State 

8 should apply section 7031(c) of this Act to Sri 

9 Lankan officials credibly implicated in war crimes 

10 and other serious violations of human rights, or in 

11 significant acts of corruption. 

12 (5) REPORT.—Not later than 45 days after en13 actment of this Act and every 90 days thereafter 

14 until September 30, 2022, the Secretary of State 

15 shall submit a report to the Committees on Appro16 priations assessing actions taken by the Government 

17 of Sri Lanka to— 

18 (A) protect the rights and freedoms of the 

19 people of Sri Lanka regardless of ethnicity and 

20 religious belief, including by investigating viola21 tions of human rights and the laws of war and 

22 holding perpetrators accountable; 

23 (B) increase transparency and account24 ability in governance, and reduce corruption; 


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1 (C) assert its sovereignty against influence 

2 by the People’s Republic of China; and 

3 (D) promote reconciliation between ethnic 

4 and religious groups, particularly arising from 

5 past conflicts in Sri Lanka, including by— 

6 (i) addressing land confiscation and 

7 ownership issues; 

8 (ii) resolving cases of missing persons, 

9 including by maintaining a functioning of10 fice of missing persons; 

11 (iii) reducing the presence of the 

12 armed forces in former conflict zones and 

13 restructuring the armed forces for a peace14 time role that contributes to post-conflict 

15 reconciliation and regional security; 

16 (iv) repealing or amending laws on ar17 rest and detention by security forces to 

18 comply with international standards; and 

19 (v) bringing to justice police officers 

20 involved in cases of arbitrary and incom21 municado detention and torture, and sup22 porting a credible justice mechanism for 

23 resolving cases of war crimes. 

24 (f) REGIONAL PROGRAMS.—Funds appropriated by 

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1 tries in South and Central Asia to significantly increase 

2 the recruitment, training, and retention of women in the 

3 judiciary, police, and other security forces, and to train 

4 judicial and security personnel in such countries to pre5 vent and address gender-based violence, human traf6 ficking, and other practices that disproportionately harm 

7 women and girls. 

8 LATIN AMERICA AND THE CARIBBEAN

9 SEC. 7045. (a) CENTRAL AMERICA.— 

10 (1) ASSISTANCE.— 

11 (A) Of the funds appropriated by this Act 

12 under titles III and IV, not less than 

13 $653,875,000 should be made available for as14 sistance for Belize, Costa Rica, El Salvador, 

15 Guatemala, Honduras, Nicaragua, and Pan16 ama, including to implement the Root Causes 

17 Strategy and through the Central America Re18 gional Security Initiative: Provided, That such 

19 assistance shall be prioritized for programs and 

20 activities that address the violence, poverty, and 

21 other factors that contribute to irregular migra22 tion, particularly of unaccompanied minors, to 

23 the United States, including for programs to re24 duce violence against women and girls, address 

25 the needs and protect the rights of Indigenous 


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1 people, and for support for civil society and 

2 other independent institutions and activities to 

3 combat corruption and impunity. 

4 (B) Up to $100,000,000 of the funds 

5 made available pursuant to subparagraph (A) 

6 for assistance for El Salvador, Guatemala, and 

7 Honduras may be made available for programs 

8 that support locally-led development in such 

9 countries and may remain available until Sep10 tember 30, 2027: Provided, That up to 15 per11 cent of the funds made available to carry out 

12 this subparagraph may be used by USAID for 

13 administrative and oversight expenses related to 

14 the purposes of this subparagraph: Provided 

15 further, That other than to meet the require16 ments of this subparagraph, funds made avail17 able to carry out this subparagraph may not be 

18 allocated in the report required by section 

19 653(a) of the Foreign Assistance Act of 1961 

20 to meet any other specifically designated fund21 ing levels contained in this Act: Provided fur22 ther, That such funds may be attributed to any 

23 such specifically designated funding level after 

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1 ministrator shall consult with the Committees 

2 on Appropriations on the planned uses of funds 

3 to carry out this subparagraph prior to the ini4 tial obligation of funds: Provided further, That 

5 such funds shall be subject to the regular notifi6 cation procedures of the Committees on Appro7 priations. 

8 (C) Not less than $70,000,000 of the 

9 funds made available pursuant to subparagraph 

10 (A) shall be made available for programs to re11 duce violence against women and girls, includ12 ing for women’s shelters, girls education, and 

13 anti-gang programs: Provided, That of such 

14 funds, not less than $20,000,000 shall be made 

15 available to support bilateral compacts with the 

16 governments of El Salvador, Guatemala, and 

17 Honduras for the specific purpose of strength18 ening the capacity of the judicial systems in 

19 such countries to protect women and children 

20 from domestic violence, sexual assault, traf21 ficking, and child abuse or neglect, including by 

22 holding perpetrators accountable. 

23 (2) LIMITATION ON ASSISTANCE TO CERTAIN

24 CENTRAL GOVERNMENTS.— 


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1 (A) Of the funds made available pursuant 

2 to paragraph (1) under the heading ‘‘Economic 

3 Support Fund’’ and under title IV of this Act 

4 that are made available for assistance for each 

5 of the central governments of El Salvador, Gua6 temala, and Honduras, 50 percent may only be 

7 obligated after the Secretary of State certifies 

8 and reports to the Committees on Appropria9 tions that such government is— 

10 (i) combating corruption and impu11 nity, including by implementing laws and 

12 policies to ensure transparency of govern13 ment receipts and expenditures, and by al14 lowing independent investigations and 

15 prosecutions of corrupt public officials to 

16 proceed; 

17 (ii) protecting the rights of civil soci18 ety, members of political parties, freedom 

19 of expression, association, and the press; 

20 (iii) respecting the right of due proc21 ess and holding accountable members of 

22 security forces who violate human rights; 

23 (iv) implementing policies to reduce 

24 poverty and promote equitable economic 

25 growth and opportunity; 


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1 (v) respecting the independence of the 

2 judiciary and of electoral processes; 

3 (vi) combating human smuggling and 

4 trafficking and countering the activities of 

5 criminal gangs, drug traffickers, and 

6 transnational criminal organizations; 

7 (vii) informing its citizens of the dan8 gers of the journey to the southwest border 

9 of the United States; and 

10 (viii) resolving disputes involving the 

11 confiscation of real property of United 

12 States entities. 

13 (B) REPROGRAMMING.—If the Secretary is 

14 unable to make the certification required by 

15 subparagraph (A) for one or more of the cen16 tral governments, such assistance may be repro17 grammed for assistance for civil society organi18 zations and local governments in such country, 

19 or for other countries in Latin America and the 

20 Caribbean, notwithstanding the funding provi21 sions in this subsection and the limitations in 

22 section 7019 of this Act: Provided, That any 

23 such reprogramming shall be subject to the reg24 ular notification procedures of the Committees 

25 on Appropriations. 


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1 (C) EXCEPTIONS.—The limitation of sub2 paragraph (A) shall not apply to funds appro3 priated by this Act that are made available 

4 for— 

5 (i) offices of Attorneys General and 

6 other judicial authorities that are acting 

7 independently to combat organized crime, 

8 corruption, and impunity; 

9 (ii) programs to support women and 

10 girls and to combat sexual and gender11 based violence; 

12 (iii) programs to promote respect for 

13 the rule of law and to protect human 

14 rights, including of Indigenous commu15 nities and Afro-descendants; 

16 (iv) programs to strengthen democ17 racy; 

18 (v) humanitarian assistance; 

19 (vi) public health and education; and 

20 (vii) food security programs. 

21 (D) FOREIGN MILITARY FINANCING PRO22 GRAM.—None of the funds appropriated by this 

23 Act under the heading ‘‘Foreign Military Fi24 nancing Program’’ may be made available for 


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1 assistance for El Salvador, Guatemala, or Hon2 duras. 

3 (E) CENTRAL AMERICORPS.—Of the funds 

4 appropriated by this Act under the heading 

5 ‘‘Development Assistance’’, not less than 

6 $50,000,000 shall be made available for a pro7 gram modeled on ‘‘AmeriCorps’’ in El Salvador, 

8 Guatemala, and Honduras, which shall be 

9 named ‘‘Central AmeriCorps’’ and implemented 

10 in accordance with the guidelines under this 

11 heading in the explanatory statement accom12 panying this Act: Provided, That the goal of 

13 Central AmeriCorps shall be to create measur14 able reductions in migration from targeted com15 munities in such countries by recruiting young 

16 people to engage in COVID–19 response, hurri17 cane preparedness and recovery, and other com18 munity projects, while having secondary im19 pacts by channeling additional income into local 

20 economies and providing needed skills training 

21 for future employment in local businesses: Pro22 vided further, That participants shall be re23 cruited from communities with high outward 

24 migration and low income, including Indigenous 

25 communities: Provided further, That not later 


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1 than 45 days after enactment of this Act, the 

2 USAID Administrator shall consult with the 

3 Committees on Appropriations on the establish4 ment and implementation of Central 

5 AmeriCorps. 

6 (b) COLOMBIA.— 

7 (1) ASSISTANCE.—Of the funds appropriated by 

8 this Act under titles III and IV, not less than 

9 $463,850,000 should be made available for assist10 ance for Colombia: Provided, That of such funds 

11 that are made available under the heading ‘‘Inter12 national Narcotics Control and Law Enforcement’’ 

13 for such assistance, not less than $70,000,000 shall 

14 be made available to enhance rural security in coca 

15 producing municipalities that are targeted for assist16 ance programs that provide viable economic alter17 natives and improve access to public services. 

18 (2) WITHHOLDING OF FUNDS.— 

19 (A) COUNTERNARCOTICS.— 

20 (i) Of the funds appropriated by this 

21 Act under the heading ‘‘International Nar22 cotics Control and Law Enforcement’’ that 

23 are made available for assistance for Co24 lombia, 20 percent may be obligated only if 

25 the Secretary of State certifies and reports 


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1 to the Committees on Appropriations that 

2 the Government of Colombia is imple3 menting an effective whole-of-government 

4 strategy to substantially and sustainably 

5 reduce coca cultivation and cocaine produc6 tion levels in Colombia, by prioritizing and 

7 increasing domestic funding to enhance 

8 rural security in coca producing munici9 palities that are targeted for assistance 

10 programs that provide viable economic al11 ternatives and improve access to public 

12 services, and such strategy is in accordance 

13 with the 2016 peace accord between the 

14 Government of Colombia and the Revolu15 tionary Armed Forces of Colombia; and 

16 (ii) Of the funds appropriated by this 

17 Act under the heading ‘‘International Nar18 cotics Control and Law Enforcement’’ and 

19 made available for assistance for the Co20 lombian National Police, 5 percent may be 

21 obligated only if the Secretary of State cer22 tifies and reports to the Committees on 

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1 cessive force and engaged in other illegal 

2 acts against peaceful protesters in 2021. 

3 (B) HUMAN RIGHTS.—Of the funds appro4 priated by this Act under the heading ‘‘Foreign 

5 Military Financing Program’’ and made avail6 able for assistance for Colombia, 20 percent 

7 may be obligated only if the Secretary of State 

8 certifies and reports to the Committees on Ap9 propriations that— 

10 (i) the Special Jurisdiction for Peace 

11 and other judicial authorities, as appro12 priate, are sentencing perpetrators of seri13 ous violations of human rights, including 

14 those with command responsibility, to dep15 rivation of liberty; 

16 (ii) the Government of Colombia is 

17 making consistent progress in reducing 

18 threats and attacks against human rights 

19 defenders and other civil society activists, 

20 and judicial authorities are prosecuting 

21 and punishing those responsible for order22 ing and carrying out such attacks; 

23 (iii) the Government of Colombia is 

24 making consistent progress in protecting 

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1 nities and is respecting their rights and 

2 territories; 

3 (iv) senior military officers responsible 

4 for ordering, committing, and covering up 

5 cases of false positives are being pros6 ecuted and punished, officers with pending 

7 cases are not being promoted, and wit8 nesses are being protected; and 

9 (v) the Government of Colombia is 

10 bringing to justice military and police per11 sonnel who authorized, conducted, and cov12 ered up illegal surveillance and commu13 nications intercepts and has taken effective 

14 steps to prevent the recurrence of such 

15 crimes. 

16 (3) EXCEPTIONS.—The limitations of para17 graph (2) shall not apply to funds made available for 

18 aviation instruction and maintenance, and maritime 

19 and riverine security programs. 

20 (4) AUTHORITY.—Aircraft supported by funds 

21 appropriated by this Act and prior Acts making ap22 propriations for the Department of State, foreign 

23 operations, and related programs and made available 

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1 cation and interdiction, including security for such 

2 activities, and to provide transport in support of al3 ternative development programs and investigations 

4 by civilian judicial authorities. 

5 (5) PROHIBITION.—None of the funds appro6 priated by this Act may be made available for assist7 ance for the Colombian National Police’s Mobile 

8 Anti-Disturbances Squadron. 

9 (6) REINTEGRATION PROGRAMS.—Funds ap10 propriated by this Act that are made available for 

11 assistance for Colombia may be used to support 

12 demining and unexploded ordnance clearance activi13 ties involving former combatants who have demobi14 lized and renounced violence. 

15 (c) CUBA.— 

16 (1) Of the funds appropriated by this Act under 

17 the heading ‘‘Economic Support Fund’’, 

18 $20,000,000 shall be made available for democracy 

19 programs in Cuba. 

20 (2) Of the funds appropriated by this Act under 

21 the heading ‘‘Economic Support Fund’’, $5,000,000 

22 shall be made available, notwithstanding any other 

23 provision of law, for programs to support— 

24 (A) free enterprise and private business or25 ganizations in Cuba; and 


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1 (B) people-to-people educational and cul2 tural activities involving citizens of Cuba and 

3 the United States. 

4 (3) None of the funds appropriated by this Act 

5 may be made available to any entity controlled by 

6 the Cuban military. 

7 (4) Funds appropriated under title I of this Act 

8 shall be made available for— 

9 (A) the operation of, and infrastructure 

10 and security improvements to, United States 

11 diplomatic facilities in Cuba; and 

12 (B) costs associated with additional United 

13 States diplomatic personnel in Cuba. 

14 (5) Funds made available pursuant to this sub15 section shall be subject to prior consultation with the 

16 Committees on Appropriations. 

17 (d) HAITI.— 

18 (1) CERTIFICATION.—Funds appropriated by 

19 this Act that are made available for assistance for 

20 Haiti may only be made available for the central 

21 Government of Haiti if the Secretary of State cer22 tifies and reports to the appropriate congressional 

23 committees that a new President and Parliament 

24 have taken office after free and fair elections, or the 

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1 thority that is broadly representative of Haitian soci2 ety, and it is in the national interest of the United 

3 States to provide such assistance. 

4 (2) EXCEPTIONS.—Notwithstanding paragraph 

5 (1), funds may be made available to support— 

6 (A) free and fair elections; 

7 (B) anti-gang police and administration of 

8 justice programs, including to reduce pre-trial 

9 detention and eliminate inhumane prison condi10 tions; 

11 (C) public health, food security, water and 

12 sanitation, education, and other programs to 

13 meet basic human needs; and 

14 (D) disaster relief and recovery. 

15 (3) NOTIFICATION.—Funds appropriated by 

16 this Act that are made available for assistance for 

17 Haiti shall be subject to prior consultation with, and 

18 the regular notification procedures of, the Commit19 tees on Appropriations. 

20 (4) PROHIBITION.—None of the funds appro21 priated or otherwise made available by this Act may 

22 be used for assistance for the armed forces of Haiti. 

23 (5) HAITIAN COAST GUARD.—The Government 

24 of Haiti shall be eligible to purchase defense articles 


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1 and services under the Arms Export Control Act (22 

2 U.S.C. 2751 et seq.) for the Coast Guard. 

3 (e) NICARAGUA.—(1) Of the funds appropriated by 

4 this Act under the heading ‘‘Economic Support Fund’’, 

5 not less than $10,000,000 shall be made available for civil 

6 society programs for Nicaragua. 

7 (2) The Secretary of the Treasury shall instruct the 

8 United States executive director of each international fi9 nancial institution to vote against any loan, grant, credit, 

10 or guarantee for the Government of Nicaragua, except to 

11 meet basic human needs or to strengthen democracy, un12 less the Secretary of State certifies and reports to the 

13 Committees on Appropriations that Nicaragua has held 

14 free and fair presidential elections and the rule of law has 

15 been restored, including freedom of expression, associa16 tion, and assembly, the right of due process, and the rights 

17 of members of political parties. 

18 (3) The Secretary of State should apply section 

19 7031(c) of this Act to the Nicaraguan officials responsible 

20 for ordering the wrongful arrests of potential presidential 

21 candidates in 2021. 

22 (4) None of the funds appropriated by this Act should 

23 be made available for assistance for the central govern24 ment of a country that the Secretary of State determines 

25 and reports to the Committees on Appropriations has 


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1 taken affirmative steps intended to support or be sup2 portive of the outcome of presidential elections in Nica3 ragua that the Secretary determines are neither free nor 

4 fair: Provided, That the Secretary may waive the restric5 tion on assistance required by this paragraph if the Sec6 retary determines and reports to such Committees that to 

7 do so is in the national interest of the United States, and 

8 includes a justification for such interest. 

9 (5) The Secretary of State should use all available 

10 diplomatic tools to suspend Nicaragua’s participation in 

11 the Central America Free Trade Agreement in govern12 ment-controlled sectors of the economy, until the Sec13 retary determines and reports to the Committees on Ap14 propriations that Nicaragua has held free and fair presi15 dential elections. 

16 (f) VENEZUELA.—(1) Of the funds appropriated by 

17 this Act under the heading ‘‘Economic Support Fund’’, 

18 not less than $50,000,000 should be made available for 

19 democracy programs for Venezuela. 

20 (2) Funds appropriated under title III of this Act and 

21 prior Acts making appropriations for the Department of 

22 State, foreign operations, and related programs should be 

23 made available for assistance for communities in countries 

24 supporting or otherwise impacted by refugees from Ven25 ezuela, including Colombia, Peru, Ecuador, Curacao, and 


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1 Trinidad and Tobago: Provided, That such amounts are 

2 in addition to funds otherwise made available for assist3 ance for such countries, subject to prior consultation with, 

4 and the regular notification procedures of, the Committees 

5 on Appropriations. 

6 EUROPE AND EURASIA

7 SEC. 7046. (a) ASSISTANCE.— 

8 (1) GEORGIA.— 

9 (A) ASSISTANCE.—Of the funds appro10 priated by this Act under titles III and IV, not 

11 less than $120,625,000 should be made avail12 able for assistance for Georgia. 

13 (B) LIMITATION.—None of the funds made 

14 available pursuant to subparagraph (A) for eco15 nomic growth programs should be made avail16 able for assistance for the central Government 

17 of Georgia, unless the Secretary of State deter18 mines and reports to the appropriate congres19 sional committees that such government is mak20 ing consistent progress in implementing rule of 

21 law, judicial, and electoral reforms. 

22 (C) WAIVER.—The Secretary may waive 

23 the limitation in subparagraph (B) if the Sec24 retary determines and reports to such Commit25 tees that to do so is important to the national 


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1 interest of the United States and includes a jus2 tification for such waiver. 

3 (2) UKRAINE.—Of the funds appropriated by 

4 this Act under titles III and IV, not less than 

5 $559,000,000 shall be made available for assistance 

6 for Ukraine. 

7 (b) TERRITORIAL INTEGRITY.—None of the funds 

8 appropriated by this Act may be made available for assist9 ance for a government of an Independent State of the 

10 former Soviet Union if such government directs any action 

11 in violation of the territorial integrity or national sov12 ereignty of any other Independent State of the former So13 viet Union, such as those violations included in the Hel14 sinki Final Act: Provided, That except as otherwise pro15 vided in section 7047(a) of this Act, funds may be made 

16 available without regard to the restriction in this sub17 section if the President determines that to do so is in the 

18 national security interest of the United States: Provided 

19 further, That prior to executing the authority contained 

20 in the previous proviso, the Secretary of State shall con21 sult with the Committees on Appropriations on how such 

22 assistance supports the national security interest of the 

23 United States. 


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1 (c) SECTION 907 OF THE FREEDOM SUPPORT

2 ACT.—Section 907 of the FREEDOM Support Act (22 

3 U.S.C. 5812 note) shall not apply to— 

4 (1) activities to support democracy or assist5 ance under title V of the FREEDOM Support Act 

6 (22 U.S.C. 5851 et seq.) and section 1424 of the 

7 Defense Against Weapons of Mass Destruction Act 

8 of 1996 (50 U.S.C. 2333) or non-proliferation as9 sistance; 

10 (2) any assistance provided by the Trade and 

11 Development Agency under section 661 of the For12 eign Assistance Act of 1961; 

13 (3) any activity carried out by a member of the 

14 United States and Foreign Commercial Service while 

15 acting within his or her official capacity; 

16 (4) any insurance, reinsurance, guarantee, or 

17 other assistance provided by the United States 

18 International Development Finance Corporation as 

19 authorized by the BUILD Act of 2018 (division F 

20 of Public Law 115–254); 

21 (5) any financing provided under the Export22 Import Bank Act of 1945 (Public Law 79–173); or 

23 (6) humanitarian assistance. 

24 (d) TURKEY.—None of the funds made available by 

25 this Act may be used to facilitate or support the sale of 


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1 defense articles or defense services to the Turkish Presi2 dential Protection Directorate (TPPD) under Chapter 2 

3 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) 

4 unless the Secretary of State determines and reports to 

5 the appropriate congressional committees that members of 

6 the TPPD who are named in the July 17, 2017, indict7 ment by the Superior Court of the District of Columbia, 

8 and against whom there are pending charges, have re9 turned to the United States to stand trial in connection 

10 with the offenses contained in such indictment or have 

11 otherwise been brought to justice: Provided, That the limi12 tation in this paragraph shall not apply to the use of funds 

13 made available by this Act for border security purposes, 

14 for North Atlantic Treaty Organization or coalition oper15 ations, or to enhance the protection of United States offi16 cials and facilities in Turkey. 

17 COUNTERING RUSSIAN INFLUENCE AND AGGRESSION

18 SEC. 7047. (a) PROHIBITION.—None of the funds ap19 propriated by this Act may be made available for assist20 ance for the Government of the Russian Federation. 

21 (b) ANNEXATION OF CRIMEA.— 

22 (1) PROHIBITION.—None of the funds appro23 priated by this Act may be made available for assist24 ance for the central government of a country that 

25 the Secretary of State determines and reports to the 


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1 Committees on Appropriations has taken affirmative 

2 steps intended to support or be supportive of the 

3 Russian Federation annexation of Crimea or other 

4 territory in Ukraine: Provided, That except as other5 wise provided in subsection (a), the Secretary may 

6 waive the restriction on assistance required by this 

7 paragraph if the Secretary determines and reports to 

8 such Committees that to do so is in the national in9 terest of the United States, and includes a justifica10 tion for such interest. 

11 (2) LIMITATION.—None of the funds appro12 priated by this Act may be made available for— 

13 (A) the implementation of any action or 

14 policy that recognizes the sovereignty of the 

15 Russian Federation over Crimea or other terri16 tory in Ukraine; 

17 (B) the facilitation, financing, or guarantee 

18 of United States Government investments in 

19 Crimea or other territory in Ukraine under the 

20 control of Russian-backed separatists, if such 

21 activity includes the participation of Russian 

22 Government officials, or other Russian owned 

23 or controlled financial entities; or 

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1 backed separatists, if such assistance includes 

2 the participation of Russian Government offi3 cials, or other Russian owned or controlled fi4 nancial entities. 

5 (3) INTERNATIONAL FINANCIAL INSTITU6 TIONS.—The Secretary of the Treasury shall in7 struct the United States executive director of each 

8 international financial institution to use the voice 

9 and vote of the United States to oppose any loan, 

10 credit, grant, or guarantee for any program that vio11 lates the sovereignty or territorial integrity of 

12 Ukraine. 

13 (4) DURATION.—The requirements and limita14 tions of this subsection shall cease to be in effect if 

15 the Secretary of State determines and reports to the 

16 Committees on Appropriations that the Government 

17 of Ukraine has reestablished sovereignty over Cri18 mea and other territory in Ukraine under the con19 trol of Russian-backed separatists. 

20 (c) OCCUPATION OF THE GEORGIAN TERRITORIES OF

21 ABKHAZIA AND TSKHINVALI REGION/SOUTH OSSETIA.— 

22 (1) PROHIBITION.—None of the funds appro23 priated by this Act may be made available for assist24 ance for the central government of a country that 

25 the Secretary of State determines and reports to the 


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1 Committees on Appropriations has recognized the 

2 independence of, or has established diplomatic rela3 tions with, the Russian Federation occupied Geor4 gian territories of Abkhazia and Tskhinvali Region/ 

5 South Ossetia: Provided, That the Secretary shall 

6 publish on the Department of State website a list of 

7 any such central governments in a timely manner: 

8 Provided further, That the Secretary may waive the 

9 restriction on assistance required by this paragraph 

10 if the Secretary determines and reports to the Com11 mittees on Appropriations that to do so is in the na12 tional interest of the United States, and includes a 

13 justification for such interest. 

14 (2) LIMITATION.—None of the funds appro15 priated by this Act may be made available to sup16 port the Russian Federation occupation of the Geor17 gian territories of Abkhazia and Tskhinvali Region/ 

18 South Ossetia. 

19 (3) INTERNATIONAL FINANCIAL INSTITU20 TIONS.—The Secretary of the Treasury shall in21 struct the United States executive director of each 

22 international financial institution to use the voice 

23 and vote of the United States to oppose any loan, 

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1 lates the sovereignty and territorial integrity of 

2 Georgia. 

3 (d) COUNTERING RUSSIAN INFLUENCE FUND.— 

4 (1) ASSISTANCE.—Of the funds appropriated by 

5 this Act under the headings ‘‘Assistance for Europe, 

6 Eurasia and Central Asia’’, ‘‘International Narcotics 

7 Control and Law Enforcement’’, ‘‘International Mili8 tary Education and Training’’, and ‘‘Foreign Mili9 tary Financing Program’’, not less than 

10 $295,000,000 shall be made available to carry out 

11 the purposes of the Countering Russian Influence 

12 Fund, as authorized by section 254 of the Coun13 tering Russian Influence in Europe and Eurasia Act 

14 of 2017 (Public Law 115–44; 22 U.S.C. 9543) and 

15 notwithstanding the country limitation in subsection 

16 (b) of such section, and programs to enhance the ca17 pacity of law enforcement and security forces in 

18 countries in Europe, Eurasia, and Central Asia and 

19 strengthen security cooperation between such coun20 tries and the United States and the North Atlantic 

21 Treaty Organization, as appropriate. 

22 (2) ECONOMICS AND TRADE.—Funds appro23 priated by this Act and made available for assistance 

24 for the Eastern Partnership countries shall be made 

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1 tion Agreements and trade agreements with the Eu2 ropean Union, and to reduce their vulnerability to 

3 external economic and political pressure from the 

4 Russian Federation. 

5 (e) DEMOCRACY PROGRAMS.—Funds appropriated by 

6 this Act shall be made available to support democracy pro7 grams in the Russian Federation and other countries in 

8 Europe, Eurasia, and Central Asia, including to promote 

9 Internet freedom: Provided, That of the funds appro10 priated under the heading ‘‘Assistance for Europe, Eur11 asia and Central Asia’’, not less than $20,000,000 shall 

12 be made available to strengthen democracy and civil soci13 ety in Central Europe, including for transparency, inde14 pendent media, rule of law, minority rights, and programs 

15 to combat anti-Semitism. 

16 UNITED NATIONS

17 SEC. 7048. (a) TRANSPARENCY AND ACCOUNT18 ABILITY.— 

19 (1) Of the funds appropriated by this Act under 

20 the headings ‘‘Contributions to International Orga21 nizations’’ and ‘‘International Organizations and 

22 Programs’’ in this Act that are available for con23 tributions to the United Nations, any United Na24 tions department or agency, and the Organization of 


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1 American States, 10 percent may not be expended 

2 for such department, agency, or organization until— 

3 (A) the Secretary of State determines that 

4 such department, agency, or organization— 

5 (i) is posting on a publicly available 

6 website, consistent with privacy regulations 

7 and due process, regular financial and pro8 grammatic audits of such department, 

9 agency, or organization, and providing the 

10 United States Government with necessary 

11 access to such financial and performance 

12 audits; and 

13 (ii) is effectively enforcing policies and 

14 procedures on the appropriate use of travel 

15 funds, including restrictions on first-class 

16 and business-class travel; and 

17 (B) such department, agency, or organiza18 tion submits a report to the Department of 

19 State, which shall be posted on the Depart20 ment’s website with an opportunity for public 

21 comment, demonstrating that it is effectively 

22 implementing policies and procedures which 

23 meet or exceed best practices in the United 

24 States for the protection of whistleblowers from 

25 retaliation, including— 


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1 (i) protection against retaliation for 

2 internal and lawful public disclosures; 

3 (ii) legal burdens of proof; 

4 (iii) statutes of limitation for report5 ing retaliation; 

6 (iv) access to binding independent ad7 judicative bodies, including shared cost and 

8 selection of external arbitration; and 

9 (v) results that eliminate the effects of 

10 proven retaliation, including provision for 

11 the restoration of prior employment; and 

12 (C) the Secretary determines and reports 

13 to the Committees on Appropriations, based on 

14 the report required by subparagraph (B), public 

15 comments, and any other information available 

16 to the Secretary, that the department, agency, 

17 or organization is meeting or exceeding best 

18 practices: Provided, That such determination 

19 shall be posted on the Department’s website. 

20 (b) RESTRICTIONS ON UNITED NATIONS DELEGA21 TIONS AND ORGANIZATIONS.— 

22 (1) RESTRICTIONS ON UNITED STATES DELEGA23 TIONS.—None of the funds made available by this 

24 Act may be used to pay expenses for any United 

25 States delegation to any specialized agency, body, or 


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1 commission of the United Nations if such agency, 

2 body, or commission is chaired or presided over by 

3 a country, the government of which the Secretary of 

4 State has determined, for purposes of section 

5 1754(c) of the Export Reform Control Act of 2018 

6 (50 U.S.C. 4813(c)), supports international ter7 rorism. 

8 (2) RESTRICTIONS ON CONTRIBUTIONS.—None 

9 of the funds made available by this Act may be used 

10 by the Secretary of State as a contribution to any 

11 organization, agency, commission, or program within 

12 the United Nations system if such organization, 

13 agency, commission, or program is chaired or pre14 sided over by a country the government of which the 

15 Secretary of State has determined, for purposes of 

16 section 620A of the Foreign Assistance Act of 1961, 

17 section 40 of the Arms Export Control Act, section 

18 1754(c) of the Export Reform Control Act of 2018 

19 (50 U.S.C. 4813(c)), or any other provision of law, 

20 is a government that has repeatedly provided sup21 port for acts of international terrorism. 

22 (3) WAIVER.—The Secretary of State may 

23 waive the restriction in this subsection if the Sec24 retary determines and reports to the Committees on 

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1 tional interest of the United States, including a de2 scription of the national interest served. 

3 (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.— 

4 Funds appropriated by this Act may be made available 

5 to support the United Nations Human Rights Council un6 less the Secretary of State determines and reports to the 

7 Committees on Appropriations that participation in the 

8 Council does not serve the national interest of the United 

9 States, and that the Council is not taking significant steps 

10 to remove Israel as a permanent agenda item and to en11 sure integrity in the election of members to the Council: 

12 Provided, That such report shall describe why participa13 tion in the Council does not serve the national interest 

14 and the steps that should be taken to remove Israel as 

15 a permanent agenda item and ensure integrity in the elec16 tion of members to the Council: Provided further, That the 

17 Secretary of State shall report to the Committees on Ap18 propriations not later than September 30, 2022, on the 

19 resolutions considered in the United Nations Human 

20 Rights Council during the previous 12 months, and on 

21 steps taken to remove Israel as a permanent agenda item 

22 and ensure integrity in the election of members to the 

23 Council. 

24 (d) UNITED NATIONS RELIEF AND WORKS AGEN25 CY.—Funds appropriated by this Act should be made 


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1 available for the United Nations Relief and Works Agency 

2 (UNRWA) unless the Secretary of State determines and 

3 reports to the Committees on Appropriations that 

4 UNRWA is— 

5 (1) not utilizing Operations Support Officers in 

6 the West Bank, Gaza, and other fields of operation 

7 to inspect UNRWA installations and reporting any 

8 inappropriate use; 

9 (2) not acting promptly to address any staff or 

10 beneficiary violation of its own policies (including the 

11 policies on neutrality and impartiality of employees) 

12 and the legal requirements under section 301(c) of 

13 the Foreign Assistance Act of 1961; 

14 (3) not implementing procedures to maintain 

15 the neutrality of its facilities, including imple16 menting a no-weapons policy, and conducting reg17 ular inspections of its installations, to ensure they 

18 are only used for humanitarian or other appropriate 

19 purposes; 

20 (4) not taking necessary and appropriate meas21 ures to ensure it is operating in compliance with the 

22 conditions of section 301(c) of the Foreign Assist23 ance Act of 1961 and continuing regular reporting 

24 to the Department of State on actions it has taken 

25 to ensure conformance with such conditions; 


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1 (5) not taking steps to ensure the content of all 

2 educational materials currently taught in UNRWA3 administered schools and summer camps is con4 sistent with the values of human rights, dignity, and 

5 tolerance and does not induce incitement; 

6 (6) engaging in operations with financial insti7 tutions or related entities in violation of relevant 

8 United States law, and is not taking steps to im9 prove the financial transparency of the organization; 

10 and 

11 (7) not in compliance with the United Nations 

12 Board of Auditors’ biennial audit requirements and 

13 is not implementing in a timely fashion the Board’s 

14 recommendations. 

15 (e) PROHIBITION OF PAYMENTS TO UNITED NA16 TIONS MEMBERS.—None of the funds appropriated or 

17 made available pursuant to titles III through VI of this 

18 Act for carrying out the Foreign Assistance Act of 1961, 

19 may be used to pay in whole or in part any assessments, 

20 arrearages, or dues of any member of the United Nations 

21 or, from funds appropriated by this Act to carry out chap22 ter 1 of part I of the Foreign Assistance Act of 1961, 

23 the costs for participation of another country’s delegation 

24 at international conferences held under the auspices of 

25 multilateral or international organizations. 


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1 (f) REPORT.—Not later than 45 days after enactment 

2 of this Act, the Secretary of State shall submit a report 

3 to the Committees on Appropriations detailing the amount 

4 of funds available for obligation or expenditure in fiscal 

5 year 2021 for contributions to any organization, depart6 ment, agency, or program within the United Nations sys7 tem or any international program that are withheld from 

8 obligation or expenditure due to any provision of law: Pro9 vided, That the Secretary shall update such report each 

10 time additional funds are withheld by operation of any 

11 provision of law: Provided further, That the reprogram12 ming of any withheld funds identified in such report, in13 cluding updates thereof, shall be subject to prior consulta14 tion with, and the regular notification procedures of, the 

15 Committees on Appropriations. 

16 (g) SEXUAL EXPLOITATION AND ABUSE IN PEACE17 KEEPING OPERATIONS.—The Secretary of State should 

18 withhold assistance to any unit of the security forces of 

19 a foreign country if the Secretary has credible information 

20 that such unit has engaged in sexual exploitation or abuse, 

21 including while serving in a United Nations peacekeeping 

22 operation, until the Secretary determines that the govern23 ment of such country is taking effective steps to hold the 

24 responsible members of such unit accountable and to pre25 vent future incidents: Provided, That the Secretary shall 


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1 promptly notify the government of each country subject 

2 to any withholding of assistance pursuant to this para3 graph, and shall notify the appropriate congressional com4 mittees of such withholding not later than 10 days after 

5 a determination to withhold such assistance is made: Pro6 vided further, That the Secretary shall, to the maximum 

7 extent practicable, assist such government in bringing the 

8 responsible members of such unit to justice. 

9 (h) ADDITIONAL AVAILABILITY.—Subject to the reg10 ular notification procedures of the Committees on Appro11 priations, funds appropriated by this Act which are re12 turned or not made available due to the second proviso 

13 under the heading ‘‘Contributions for International Peace14 keeping Activities’’ in title I of this Act or section 307(a) 

15 of the Foreign Assistance Act of 1961 (22 U.S.C. 

16 2227(a)), shall remain available for obligation until Sep17 tember 30, 2023: Provided, That the requirement to with18 hold funds for programs in Burma under section 307(a) 

19 of the Foreign Assistance Act of 1961 shall not apply to 

20 funds appropriated by this Act. 

21 WAR CRIMES TRIBUNALS

22 SEC. 7049. (a) If the President determines that doing 

23 so will contribute to a just resolution of charges regarding 

24 genocide or other violations of international humanitarian 

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1 tion 552(c) of the Foreign Assistance Act of 1961 of up 

2 to $30,000,000 of commodities and services for inter3 national tribunals or commissions established or author4 ized by the United Nations Security Council to address 

5 war crimes, crimes against humanity, or genocide, without 

6 regard to the ceiling limitation contained in paragraph (2) 

7 thereof: Provided, That such international tribunals or 

8 commissions shall not include the International Criminal 

9 Court: Provided further, That the determination required 

10 under this section shall be in lieu of any determinations 

11 otherwise required under section 552(c): Provided further, 

12 That funds made available pursuant to this section shall 

13 be made available subject to the regular notification proce14 dures of the Committees on Appropriations. 

15 (b) None of the funds appropriated by this Act may 

16 be made available for a United States contribution to the 

17 International Criminal Court: Provided, That funds should 

18 be made available for technical assistance, training, assist19 ance for victims, protection of witnesses, and law enforce20 ment support related to international investigations, ap21 prehensions, prosecutions, and adjudications of genocide, 

22 crimes against humanity, and war crimes: Provided fur23 ther, That the previous proviso shall not apply to inves24 tigations, apprehensions, or prosecutions of American 

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1 tionals, or nationals of the North Atlantic Treaty Organi2 zation (NATO) or major non-NATO allies initially des3 ignated pursuant to section 517(b) of the Foreign Assist4 ance Act of 1961. 

5 GLOBAL INTERNET FREEDOM

6 SEC. 7050. (a) FUNDING.—Of the funds available for 

7 obligation during fiscal year 2022 under the headings 

8 ‘‘International Broadcasting Operations’’, ‘‘Economic 

9 Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for 

10 Europe, Eurasia and Central Asia’’, not less than 

11 $81,000,000 shall be made available for programs to pro12 mote Internet freedom globally: Provided, That such pro13 grams shall be prioritized for countries whose governments 

14 restrict freedom of expression on the Internet, and that 

15 are important to the national interest of the United 

16 States: Provided further, That funds made available pursu17 ant to this section shall be matched, to the maximum ex18 tent practicable, by sources other than the United States 

19 Government, including from the private sector. 

20 (b) REQUIREMENTS.— 

21 (1) DEPARTMENT OF STATE AND UNITED

22 STATES AGENCY FOR INTERNATIONAL DEVELOP23 MENT.—Funds appropriated by this Act under the 

24 headings ‘‘Economic Support Fund’’, ‘‘Democracy 

25 Fund’’, and ‘‘Assistance for Europe, Eurasia and 


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1 Central Asia’’ that are made available pursuant to 

2 subsection (a) shall be— 

3 (A) coordinated with other democracy pro4 grams funded by this Act under such headings, 

5 and shall be incorporated into country assist6 ance and democracy promotion strategies, as 

7 appropriate; 

8 (B) for programs to implement the May 

9 2011, International Strategy for Cyberspace, 

10 the Department of State International Cyber11 space Policy Strategy required by section 402 

12 of the Cybersecurity Act of 2015 (division N of 

13 Public Law 114–113), and the comprehensive 

14 strategy to promote Internet freedom and ac15 cess to information in Iran, as required by sec16 tion 414 of the Iran Threat Reduction and 

17 Syria Human Rights Act of 2012 (22 U.S.C. 

18 8754); 

19 (C) made available for programs that sup20 port the efforts of civil society to counter the 

21 development of repressive Internet-related laws 

22 and regulations, including countering threats to 

23 Internet freedom at international organizations; 

24 to combat violence against bloggers and other 


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1 users; and to enhance digital security training 

2 and capacity building for democracy activists; 

3 (D) made available for research of key 

4 threats to Internet freedom; the continued de5 velopment of technologies that provide or en6 hance access to the Internet, including cir7 cumvention tools that bypass Internet blocking, 

8 filtering, and other censorship techniques used 

9 by authoritarian governments; and maintenance 

10 of the technological advantage of the United 

11 States Government over such censorship tech12 niques: Provided, That the Secretary of State, 

13 in consultation with the United States Agency 

14 for Global Media Chief Executive Officer 

15 (USAGM CEO) and the President of the Open 

16 Technology Fund (OTF), shall coordinate any 

17 such research and development programs with 

18 other relevant United States Government de19 partments and agencies in order to share infor20 mation, technologies, and best practices, and to 

21 assess the effectiveness of such technologies; 

22 and 

23 (E) made available only with the concur24 rence of the Assistant Secretary for Democracy, 

25 Human Rights, and Labor, Department of 


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1 State, that such funds are allocated consistent 

2 with— 

3 (i) the strategies referenced in sub4 paragraph (B) of this paragraph; 

5 (ii) best practices regarding security 

6 for, and oversight of, Internet freedom pro7 grams; and 

8 (iii) sufficient resources and support 

9 for the development and maintenance of 

10 anti-censorship technology and tools. 

11 (2) UNITED STATES AGENCY FOR GLOBAL

12 MEDIA.—Funds appropriated by this Act under the 

13 heading ‘‘International Broadcasting Operations’’ 

14 that are made available pursuant to subsection (a) 

15 shall be— 

16 (A) made available only for open-source 

17 tools and techniques to securely develop and 

18 distribute USAGM digital content, facilitate au19 dience access to such content on websites that 

20 are censored, coordinate the distribution of 

21 USAGM digital content to targeted regional au22 diences, and to promote and distribute such 

23 tools and techniques, including digital security 

24 techniques; 


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1 (B) coordinated by the USAGM CEO, in 

2 consultation with the OTF President, with pro3 grams funded by this Act under the heading 

4 ‘‘International Broadcasting Operations’’, and 

5 shall be incorporated into country broadcasting 

6 strategies, as appropriate; 

7 (C) coordinated by the USAGM CEO, in 

8 consultation with the OTF President, to solicit 

9 project proposals through an open, transparent, 

10 and competitive process, seek input from tech11 nical and subject matter experts to select pro12 posals, and support Internet circumvention 

13 tools and techniques for audiences in countries 

14 that are strategic priorities for the OTF and in 

15 a manner consistent with the United States 

16 Government Internet freedom strategy; and 

17 (D) made available for the research and 

18 development of new tools or techniques author19 ized in subparagraph (A) only after the 

20 USAGM CEO, in consultation with the Sec21 retary of State, the OTF President, and other 

22 relevant United States Government depart23 ments and agencies, evaluates the risks and 

24 benefits of such new tools or techniques, and 


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1 establishes safeguards to minimize the use of 

2 such new tools or techniques for illicit purposes. 

3 (c) COORDINATION AND SPEND PLANS.—After con4 sultation among the relevant agency heads to coordinate 

5 and de-conflict planned activities, but not later than 90 

6 days after enactment of this Act, the Secretary of State 

7 and the USAGM CEO, in consultation with the OTF 

8 President, shall submit to the Committees on Appropria9 tions spend plans for funds made available by this Act for 

10 programs to promote Internet freedom globally, which 

11 shall include a description of safeguards established by rel12 evant agencies to ensure that such programs are not used 

13 for illicit purposes: Provided, That the Department of 

14 State spend plan shall include funding for all such pro15 grams for all relevant Department of State and United 

16 States Agency for International Development offices and 

17 bureaus. 

18 (d) SECURITY AUDITS.—Funds made available pur19 suant to this section to promote Internet freedom globally 

20 may only be made available to support open-source tech21 nologies that undergo comprehensive security audits con22 sistent with the requirements of the Bureau of Democracy, 

23 Human Rights, and Labor, Department of State to ensure 

24 that such technology is secure and has not been com25 promised in a manner detrimental to the interest of the 


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1 United States or to individuals and organizations bene2 fiting from programs supported by such funds: Provided, 

3 That the security auditing procedures used by such Bu4 reau shall be reviewed and updated periodically to reflect 

5 current industry security standards. 

6 TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING

7 TREATMENT OR PUNISHMENT

8 SEC. 7051. (a) PROHIBITION.—None of the funds 

9 made available by this Act may be used to support or jus10 tify the use of torture or other cruel, inhuman, or degrad11 ing treatment or punishment by any official or contract 

12 employee of the United States Government. 

13 (b) ASSISTANCE.—Funds appropriated under titles 

14 III and IV of this Act shall be made available, notwith15 standing section 660 of the Foreign Assistance Act of 

16 1961 and following consultation with the Committees on 

17 Appropriations, for assistance to eliminate torture and 

18 other cruel, inhuman, or degrading treatment or punish19 ment by foreign police, military, or other security forces 

20 in countries receiving assistance from funds appropriated 

21 by this Act. 

22 AIRCRAFT TRANSFER, COORDINATION, AND USE

23 SEC. 7052. (a) TRANSFER AUTHORITY.—Notwith24 standing any other provision of law or regulation, aircraft 

25 procured with funds appropriated by this Act and prior 


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1 Acts making appropriations for the Department of State, 

2 foreign operations, and related programs under the head3 ings ‘‘Diplomatic Programs’’, ‘‘International Narcotics 

4 Control and Law Enforcement’’, ‘‘Andean Counterdrug 

5 Initiative’’, and ‘‘Andean Counterdrug Programs’’ may be 

6 used for any other program and in any region. 

7 (b) PROPERTY DISPOSAL.—The authority provided 

8 in subsection (a) shall apply only after the Secretary of 

9 State determines and reports to the Committees on Appro10 priations that the equipment is no longer required to meet 

11 programmatic purposes in the designated country or re12 gion: Provided, That any such transfer shall be subject 

13 to prior consultation with, and the regular notification 

14 procedures of, the Committees on Appropriations. 

15 (c) AIRCRAFT COORDINATION.— 

16 (1) AUTHORITY.—The uses of aircraft pur17 chased or leased by the Department of State and the 

18 United States Agency for International Development 

19 with funds made available in this Act or prior Acts 

20 making appropriations for the Department of State, 

21 foreign operations, and related programs shall be co22 ordinated under the authority of the appropriate 

23 Chief of Mission: Provided, That notwithstanding 

24 section 7065(a) of this Act, such aircraft may be 

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1 bursable basis, Federal and non-Federal personnel 

2 supporting Department of State and USAID pro3 grams and activities: Provided further, That official 

4 travel for other agencies for other purposes may be 

5 supported on a reimbursable basis, or without reim6 bursement when traveling on a space available basis: 

7 Provided further, That funds received by the Depart8 ment of State in connection with the use of aircraft 

9 owned, leased, or chartered by the Department of 

10 State may be credited to the Working Capital Fund 

11 of the Department and shall be available for ex12 penses related to the purchase, lease, maintenance, 

13 chartering, or operation of such aircraft. 

14 (2) SCOPE.—The requirement and authorities 

15 of this subsection shall only apply to aircraft, the 

16 primary purpose of which is the transportation of 

17 personnel. 

18 (d) AIRCRAFT OPERATIONS AND MAINTENANCE.— 

19 To the maximum extent practicable, the costs of oper20 ations and maintenance, including fuel, of aircraft funded 

21 by this Act shall be borne by the recipient country. 

22 PARKING FINES AND REAL PROPERTY TAXES OWED BY

23 FOREIGN GOVERNMENTS

24 SEC. 7053. The terms and conditions of section 7055 

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1 lated Programs Appropriations Act, 2010 (division F of 

2 Public Law 111–117) shall apply to this Act: Provided, 

3 That the date ‘‘September 30, 2009’’ in subsection 

4 (f)(2)(B) of such section shall be deemed to be ‘‘Sep5 tember 30, 2021’’. 

6 INTERNATIONAL MONETARY FUND

7 SEC. 7054. (a) EXTENSIONS.—The terms and condi8 tions of sections 7086(b) (1) and (2) and 7090(a) of the 

9 Department of State, Foreign Operations, and Related 

10 Programs Appropriations Act, 2010 (division F of Public 

11 Law 111–117) shall apply to this Act. 

12 (b) REPAYMENT.—The Secretary of the Treasury 

13 shall instruct the United States Executive Director of the 

14 International Monetary Fund (IMF) to seek to ensure 

15 that any loan will be repaid to the IMF before other pri16 vate or multilateral creditors. 

17 ORGANIZATION OF AMERICAN STATES

18 SEC. 7055. (a) Of the funds appropriated by this Act 

19 under the heading ‘‘Contributions to International Organi20 zations’’, $10,000,000 of the United States assessment for 

21 the Organization of American States (OAS) for calendar 

22 year 2022 should be withheld from obligation until the 

23 Secretary of State determines and reports to the Commit24 tees on Appropriations that the OAS is implementing an 

25 action plan to— 


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1 (1) transfer to locations outside of the District 

2 of Columbia administrative functions that can be 

3 performed virtually at lower cost; 

4 (2) sell real estate in the District of Columbia 

5 that is not needed to carry out OAS core activities 

6 or that the OAS is financially unable to operate and 

7 maintain; 

8 (3) increase quota levels on a routine basis to 

9 match the rate of inflation; 

10 (4) eliminate credit for on-time payment of as11 sessments and impose penalties for successive late 

12 payment of assessments; 

13 (5) restructure the OAS to reduce organiza14 tional complexity, consolidate functions and elimi15 nate lower priority activities, and shift funds to OAS 

16 core activities with a focus on strengthening democ17 racy, electoral cooperation and observation, pro18 tecting human rights, and multidimensional security; 

19 and 

20 (6) overhaul the Office of the Inspector Gen21 eral. 

22 (b) Funds appropriated by this Act that are made 

23 available as contributions to the OAS shall be subject to 

24 prior consultation with, and the regular notification proce25 dures of, the Committees on Appropriations. 


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1 ASSISTANCE FOR INNOCENT VICTIMS OF CONFLICT

2 SEC. 7056. Not later than 90 days after enactment 

3 of this Act, the Administrator of the United States Agency 

4 for International Development shall establish a fund, 

5 which shall be referred to as the ‘‘Marla Ruzicka Fund 

6 for Innocent Victims of Conflict’’ (the ‘‘Marla Fund’’), to 

7 provide assistance to civilians harmed as a result of mili8 tary operations of the United States: Provided, That such 

9 assistance may also be provided to other innocent victims 

10 of conflict: Provided further, That of the funds appro11 priated under title III of this Act, not less than 

12 $17,000,000 shall be made available for the Marla Fund: 

13 Provided further, That the USAID Administrator shall 

14 consult with the Committees on Appropriations not later 

15 than 60 days after enactment of this Act regarding the 

16 establishment and implementation of the Marla Fund. 

17 UNITED NATIONS POPULATION FUND

18 SEC. 7057. (a) CONTRIBUTION.—Of the funds made 

19 available under the heading ‘‘International Organizations 

20 and Programs’’ in this Act for fiscal year 2022, not less 

21 than $55,000,000 shall be made available for the United 

22 Nations Population Fund (UNFPA). 

23 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

24 by this Act for UNFPA, that are not made available for 

25 UNFPA because of the operation of any provision of law, 


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1 shall be transferred to the ‘‘Global Health Programs’’ ac2 count and shall be made available for family planning and 

3 reproductive health activities, subject to the regular notifi4 cation procedures of the Committees on Appropriations. 

5 (c) PROHIBITION ON USE OF FUNDS IN CHINA.— 

6 None of the funds made available by this Act may be used 

7 by UNFPA for a country program in the People’s Repub8 lic of China. 

9 (d) CONDITIONS ON AVAILABILITY OF FUNDS.— 

10 Funds made available by this Act for UNFPA may not 

11 be made available unless— 

12 (1) UNFPA maintains funds made available by 

13 this Act in an account separate from other accounts 

14 of UNFPA and does not commingle such funds with 

15 other sums; and 

16 (2) UNFPA does not fund abortions. 

17 GLOBAL HEALTH ACTIVITIES

18 SEC. 7058. (a) PREVENTING AND RESPONDING TO

19 PANDEMICS.— 

20 (1) Funds appropriated by this Act under the 

21 heading ‘‘Global Health Programs’’ shall be made 

22 available for global health security programs to ac23 celerate the capacity of targeted countries to pre24 vent, detect, and respond to infectious disease out25 breaks by strengthening public health capacity where 


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1 there is a high risk of emerging zoonotic infectious 

2 diseases, and by supporting the collection, analysis, 

3 and transparent sharing of data on unknown viruses 

4 and other pathogens that may pose future threats to 

5 human health: Provided, That not later than 60 

6 days after enactment of this Act, the USAID Ad7 ministrator and the Secretary of State, as appro8 priate, shall consult with the Committees on Appro9 priations on the planned uses of such funds. 

10 (2) REDUCING HUMAN CONTACT WITH WILD11 LIFE.—Funds appropriated by this Act shall be 

12 made available to support national and local strate13 gies to reduce human contact with wildlife, deforest14 ation and wildlife habitat degradation, and the com15 merce in, and consumption of, live wildlife and raw 

16 or unprocessed wildlife parts and derivatives that 

17 contribute to zoonotic spillover between animals and 

18 humans: Provided, That not later than 60 days after 

19 enactment of this Act, the USAID Administrator 

20 shall consult with the Committees on Appropriations 

21 on funding for this purpose, including planned 

22 amounts, geographical areas, partners, and activi23 ties. 

24 (3) INTERNATIONAL FINANCING MECHANISM.— 

25 Up to $250,000,000 of the funds appropriated by 


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1 this Act under the heading ‘‘Global Health Pro2 grams’’ may be made available for a contribution to 

3 an international financing mechanism for pandemic 

4 preparedness, following consultation with the Com5 mittees on Appropriations. 

6 (4) EXTRAORDINARY MEASURES.—If the Sec7 retary of State determines and reports to the Com8 mittees on Appropriations that an international in9 fectious disease outbreak is sustained, severe, and is 

10 spreading internationally, or that it is in the na11 tional interest to respond to a Public Health Emer12 gency of International Concern, not to exceed an ag13 gregate total of $200,000,000 of the funds appro14 priated by this Act under the headings ‘‘Global 

15 Health Programs’’, ‘‘Development Assistance’’, 

16 ‘‘International Disaster Assistance’’, ‘‘Complex Cri17 ses Fund’’, ‘‘Economic Support Fund’’, ‘‘Democracy 

18 Fund’’, ‘‘Assistance for Europe, Eurasia and Cen19 tral Asia’’, ‘‘Migration and Refugee Assistance’’, and 

20 ‘‘Millennium Challenge Corporation’’ may be made 

21 available to combat such infectious disease or public 

22 health emergency, and may be transferred to, and 

23 merged with, funds appropriated under such head24 ings for the purposes of this paragraph: Provided, 

25 That such aggregate total may be exceeded if the 


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1 President determines and reports to such commit2 tees that it is vital to the national security interest 

3 of the United States to do so, including a detailed 

4 explanation of such interest: Provided further, That 

5 such determination and report should include future 

6 budget plans to reimburse the accounts from which 

7 funds are to be made available pursuant to such de8 termination. 

9 (5) EMERGENCY RESERVE FUND.—Up to 

10 $100,000,000 of the funds made available under the 

11 heading ‘‘Global Health Programs’’ may be made 

12 available for the Emergency Reserve Fund estab13 lished pursuant to section 7058(c)(1) of the Depart14 ment of State, Foreign Operations, and Related Pro15 grams Appropriations Act, 2017 (division J of Pub16 lic Law 115–31): Provided, That such funds shall be 

17 made available under the same terms and conditions 

18 of such section. 

19 (6) CONSULTATION AND NOTIFICATION.— 

20 Funds made available by this subsection shall be 

21 subject to prior consultation with, and the regular 

22 notification procedures of, the Committees on Ap23 propriations. 

24 (b) AUTHORITY.—Funds appropriated under titles 

25 III and IV of this Act that are made available for bilateral 


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1 assistance for global health programs, including activities 

2 relating to research on, and the prevention, treatment, and 

3 control of, HIV/AIDS may be made available notwith4 standing any other provision of law except for provisions 

5 under the heading ‘‘Global Health Programs’’ and the 

6 United States Leadership Against HIV/AIDS, Tuber7 culosis, and Malaria Act of 2003 (117 Stat. 711; 22 

8 U.S.C. 7601 et seq.), as amended. 

9 (c) HIV/AIDS WORKING CAPITAL FUND.—Funds 

10 available in the HIV/AIDS Working Capital Fund estab11 lished pursuant to section 525(b)(1) of the Foreign Oper12 ations, Export Financing, and Related Programs Appro13 priations Act, 2005 (Public Law 108–447) may be made 

14 available for pharmaceuticals and other products for child 

15 survival, malaria, tuberculosis, emerging infectious dis16 eases, and other global health activities to the same extent 

17 as HIV/AIDS pharmaceuticals and other products, subject 

18 to the terms and conditions in such section: Provided, 

19 That the authority in section 525(b)(5) of the Foreign Op20 erations, Export Financing, and Related Programs Appro21 priation Act, 2005 (Public Law 108–447) shall be exer22 cised by the Assistant Administrator for Global Health, 

23 USAID, with respect to funds deposited for such non24 HIV/AIDS pharmaceuticals and other products: Provided 

25 further, That the Secretary of State shall include in the 


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1 congressional budget justification an accounting of budg2 etary resources, disbursements, balances, and reimburse3 ments related to such fund. 

4 (d) FAMILY PLANNING AND REPRODUCTIVE

5 HEALTH.—Of the funds appropriated under title III of 

6 this Act, not less than $650,000,000 shall be made avail7 able for family planning/reproductive health, including in 

8 areas where population growth threatens biodiversity or 

9 endangered species. 

10 GENDER EQUALITY AND WOMEN’S EMPOWERMENT

11 SEC. 7059. (a) IN GENERAL.— 

12 (1) GENDER EQUALITY.—Funds appropriated 

13 by this Act shall be made available to promote gen14 der equality in United States Government diplomatic 

15 and development efforts by raising the status, in16 creasing the economic participation and opportuni17 ties for political leadership, and protecting the rights 

18 of women and girls worldwide. 

19 (2) WOMEN’S ECONOMIC EMPOWERMENT.— 

20 Funds appropriated by this Act shall be made avail21 able for programs, projects, and activities that pro22 mote and support women’s entrepreneurship and 

23 economic empowerment as a core element of each 

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1 partment of State and the United States Agency for 

2 International Development. 

3 (3) GENDER EQUITY AND EQUALITY ACTION

4 FUND.—Of the funds appropriated under title III of 

5 this Act, not less than $200,000,000 should be made 

6 available for the Gender Equity and Equality Action 

7 Fund. 

8 (b) WOMEN’S LEADERSHIP.—Of the funds appro9 priated under title III of this Act, not less than 

10 $70,000,000 shall be made available for programs specifi11 cally designed to increase leadership opportunities for 

12 women in countries where women and girls suffer discrimi13 nation due to law, policy, or practice, by strengthening 

14 protections for women’s political status, expanding wom15 en’s participation in political parties and elections, and in16 creasing women’s opportunities for leadership positions in 

17 the public and private sectors at the local, provincial, and 

18 national levels. 

19 (c) GENDER-BASED VIOLENCE.— 

20 (1) Of the funds appropriated under titles III 

21 and IV of this Act, not less than $175,000,000 shall 

22 be made available to implement a multi-year strat23 egy to prevent and respond to gender-based violence 

24 in countries where it is common in conflict and non25 conflict settings. 


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1 (2) Funds appropriated under titles III and IV 

2 of this Act that are available to train foreign police, 

3 judicial, and military personnel, including for inter4 national peacekeeping operations, shall address, 

5 where appropriate, prevention and response to gen6 der-based violence and trafficking in persons, and 

7 shall promote the integration of women into the po8 lice and other security forces. 

9 (d) WOMEN, PEACE, AND SECURITY.—Of the funds 

10 appropriated by this Act under the headings ‘‘Develop11 ment Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assist12 ance for Europe, Eurasia and Central Asia’’, and ‘‘Inter13 national Narcotics Control and Law Enforcement’’, not 

14 less than $135,000,000 should be made available to sup15 port a multi-year strategy to expand, and improve coordi16 nation of, United States Government efforts to empower 

17 women as equal partners in conflict prevention, peace 

18 building, transitional processes, and reconstruction efforts 

19 in countries affected by conflict or in political transition, 

20 and to ensure the equitable provision of relief and recovery 

21 assistance to women and girls. 

22 EDUCATION PROGRAMS

23 SEC. 7060. (a) BASIC EDUCATION.— 

24 (1) Of the funds appropriated under title III of 

25 this Act, not less than $682,448,000 should be made 


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1 available for the Nita M. Lowey Basic Education 

2 Fund, and such funds may be made available not3 withstanding any other provision of law that re4 stricts assistance to foreign countries: Provided, 

5 That such funds shall also be used for secondary 

6 education activities: Provided further, That funds 

7 made available by this paragraph should be made 

8 available for the education of girls in areas of con9 flict or humanitarian crises where girls have been 

10 denied equal access to education. 

11 (2) Of the funds appropriated under title III of 

12 this Act for assistance for basic education programs, 

13 not less than $150,000,000 should be made available 

14 for contributions to multilateral partnerships that 

15 support education. 

16 (b) HIGHER EDUCATION.—Of the funds appropriated 

17 by title III of this Act, not less than $250,000,000 should 

18 be made available for assistance for higher education: Pro19 vided, That such funds may be made available notwith20 standing any other provision of law that restricts assist21 ance to foreign countries, and shall be subject to the reg22 ular notification procedures of the Committees on Appro23 priations: Provided further, That of such amount, not less 

24 than $35,000,000 shall be made available for new and on25 going partnerships between higher education institutions 


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1 in the United States and developing countries focused on 

2 building the capacity of higher education institutions and 

3 systems in developing countries: Provided further, That 

4 not later than 45 days after enactment of this Act, the 

5 USAID Administrator shall consult with the Committees 

6 on Appropriations on the proposed uses of funds for such 

7 partnerships. 

8 ENVIRONMENT PROGRAMS

9 SEC. 7061. (a) IN GENERAL.—Of the funds appro10 priated under title III of this Act, not less than 

11 $1,484,400,000 shall be made available for environment 

12 programs. 

13 (b) ADAPTATION PROGRAMS.—Of the funds appro14 priated under title III of this Act, not less than 

15 $343,900,000 shall be made available for climate change 

16 adaptation programs, including in support of the Indo-Pa17 cific Strategy. 

18 (c) CLEAN ENERGY PROGRAMS.—Of the funds ap19 propriated under title III of this Act, not less than 

20 $418,200,000 shall be made available for clean energy 

21 programs, including in support of carrying out the pur22 poses of the Electrify Africa Act (Public Law 114–121) 

23 and implementing the Power Africa initiative, of which not 

24 less than $10,000,000 shall be made available to support 

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1 vocate for laws and policies to reduce carbon emissions 

2 and other harmful pollution, as specified in the explana3 tory statement accompanying this Act. 

4 (d) BIODIVERSITY CONSERVATION.— 

5 (1) FUNDING.—Of the funds appropriated 

6 under title III of this Act, not less than 

7 $405,000,000 shall be made available for biodiver8 sity conservation programs. 

9 (2) TROPICAL FORESTS.—None of the funds 

10 appropriated by this Act may be used to support the 

11 expansion of industrial scale logging, agriculture, 

12 livestock production, mining, or any other industrial 

13 scale activity into areas that were primary/intact 

14 tropical forests as of December 30, 2013, and the 

15 Secretary of the Treasury shall instruct the United 

16 States executive director of each international finan17 cial institution (IFI) to use the voice and vote of the 

18 United States to oppose any financing of any such 

19 activity. 

20 (3) PARTNERSHIP FOR CONSERVATION.—Funds 

21 appropriated by this Act may be made available to 

22 support a public-private partnership grant-making 

23 entity, if authorized in a subsequent act of Congress, 

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1 cluding terrestrial, coastal and marine protected 

2 areas, parks, community conservancies, Indigenous 

3 reserves, conservation easements, and biological re4 serves, and to carry out other effective area-based 

5 conservation measures: Provided, That such a part6 nership should be supported by contributions from 

7 the private and philanthropic sectors, as well as gov8 ernments and multilateral institutions: Provided fur9 ther, That not later than 60 days after enactment of 

10 a subsequent act of Congress authorizing such a 

11 grant-making entity, the Secretary of State and the 

12 USAID Administrator, in coordination with the Sec13 retary of the Interior and other relevant Federal 

14 agencies, shall consult with the Committees on Ap15 propriations on the establishment and management 

16 of such an entity. 

17 (e) SUSTAINABLE LANDSCAPES.—Of the funds ap18 propriated under title III of this Act, not less than 

19 $232,300,000 should be made available for sustainable 

20 landscapes programs. 

21 (f) WILDLIFE POACHING AND TRAFFICKING.— 

22 (1) FUNDING.—Of the funds appropriated 

23 under titles III and IV of this Act, not less than 

24 $125,000,000 shall be made available to combat the 

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1 ficking, of which not less than $10,000,000 shall be 

2 made available to support civil society organizations 

3 in developing countries that are working to stop the 

4 poaching and trafficking of endangered species, as 

5 specified in the explanatory statement accompanying 

6 this Act. 

7 (2) LIMITATION.—None of the funds appro8 priated under title IV of this Act may be made avail9 able for training or other assistance for any military 

10 unit or personnel that the Secretary of State deter11 mines has been credibly alleged to have participated 

12 in wildlife poaching or trafficking, unless the Sec13 retary reports to the appropriate congressional com14 mittees that to do so is in the national security in15 terest of the United States. 

16 (g) LARGE DAMS.—Funds appropriated by this Act 

17 shall not be used to support the construction of any large 

18 dam, and the Secretary of the Treasury shall instruct the 

19 United States executive director of each IFI to use the 

20 voice and vote of the United States, in relation to any loan, 

21 grant, credit, guarantee, strategy, or policy of such institu22 tion regarding the construction of any large dam, con23 sistent with the criteria specified in the explanatory state24 ment accompanying this Act, while also considering 


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1 whether the project involves overriding foreign policy ob2 jectives. 

3 (h) OCEAN PLASTIC POLLUTION.—Of the funds ap4 propriated under title III of this Act, not less than 

5 $75,000,000 shall be made available for programs to re6 duce ocean plastic pollution and other marine debris, in7 cluding technical assistance for waste management: Pro8 vided, That the Secretary of State, in consultation with 

9 the Secretary of the Treasury, the USAID Administrator, 

10 and the heads of other relevant Federal agencies, shall 

11 seek to enter into negotiations with key bilateral and mul12 tilateral donors, including the World Bank, to establish 

13 a new multilateral fund to reduce ocean plastic pollution 

14 and other marine debris: Provided further, That such 

15 funds may be made available for a contribution to such 

16 a multilateral fund, for a USAID-administered multi17 donor fund, and for other USAID programs for such pur18 pose: Provided further, That such funds may only be made 

19 available following consultation with the Committees on 

20 Appropriations. 

21 (i) TOXIC CHEMICALS.—Of the funds appropriated 

22 under title III of this Act, not less than $10,000,000 shall 

23 be made available to support programs to measurably re24 duce public exposure to lead associated with the unsafe 

25 disposal or recycling of lead batteries, contaminated food 


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1 and cookware, or other sources of lead exposure: Provided, 

2 That prior to the initial obligation of funds, the USAID 

3 Administrator shall consult with the Committees on Ap4 propriations on a multi-year strategy targeting such expo5 sure and materials in countries with high estimated child6 hood blood lead levels. 

7 (j) ADMINISTRATION OF FUNDS.—Of the funds made 

8 available pursuant to subsections (b) and (c), not less than 

9 $641,800,000 shall be administered by the USAID Ad10 ministrator. 

11 (k) AUTHORITY.—Funds appropriated by this Act to 

12 carry out the provisions of sections 103 through 106, and 

13 chapter 4 of part II, of the Foreign Assistance Act of 1961 

14 may be used, notwithstanding any other provision of law, 

15 to support environment programs: Provided, That funds 

16 appropriated by this Act under titles III and V may be 

17 made available for United States contributions to multilat18 eral environmental funds and facilities to support adapta19 tion and mitigation programs. 

20 (l) NOTIFICATION.—Funds made available pursuant 

21 to this section shall be subject to prior consultation with, 

22 and the regular notification procedures of, the Committees 

23 on Appropriations. 


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1 SECTOR ALLOCATIONS

2 SEC. 7062. (a) FOOD SECURITY AND AGRICULTURAL

3 DEVELOPMENT.—Of the funds appropriated under title 

4 III of this Act, not less than $1,010,600,000 should be 

5 made available for food security and agricultural develop6 ment programs to carry out the purposes of the Global 

7 Food Security Act of 2016 (Public Law 114–195): Pro8 vided, That funds may be made available for a contribu9 tion as authorized by section 3202 of the Food, Conserva10 tion, and Energy Act of 2008 (Public Law 110–246), as 

11 amended by section 3310 of the Agriculture Improvement 

12 Act of 2018 (Public Law 115–334). 

13 (b) WATER AND SANITATION.—Of the funds appro14 priated under title III of this Act, not less than 

15 $500,000,000 shall be made available for water supply 

16 and sanitation projects pursuant to section 136 of the 

17 Foreign Assistance Act of 1961, of which not less than 

18 $250,000,000 should be made available for programs in 

19 sub-Saharan Africa, and of which not less than 

20 $17,000,000 shall be used to support initiatives by local 

21 communities in developing countries to build and maintain 

22 safe latrines. 

23 (c) MICRO, SMALL, AND MEDIUM-SIZED ENTER24 PRISES.—Of the funds appropriated under title III of this 

25 Act, not less than $265,000,000 should be made available 


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1 to support the development of, and access to financing for, 

2 micro, small, and medium-sized enterprises that benefit 

3 the poor, especially women. 

4 (d) DEVELOPMENT PROGRAMS.—Of the funds appro5 priated by this Act under the heading ‘‘Development As6 sistance’’, not less than $19,000,000 shall be made avail7 able for USAID cooperative development programs and 

8 not less than $31,000,000 shall be made available for the 

9 American Schools and Hospitals Abroad program. 

10 (e) PROGRAMS TO COMBAT TRAFFICKING IN PER11 SONS.—Of the funds appropriated by this Act under the 

12 headings ‘‘Development Assistance’’, ‘‘Economic Support 

13 Fund’’, ‘‘Assistance for Europe, Eurasia and Central 

14 Asia’’, and ‘‘International Narcotics Control and Law En15 forcement’’, not less than $106,400,000 shall be made 

16 available for activities to combat trafficking in persons 

17 internationally, including for the Program to End Modern 

18 Slavery, of which not less than $77,000,000 should be 

19 from funds made available under the heading ‘‘Inter20 national Narcotics Control and Law Enforcement’’: Pro21 vided, That funds made available by this Act under the 

22 headings ‘‘Development Assistance’’, ‘‘Economic Support 

23 Fund’’, and ‘‘Assistance for Europe, Eurasia and Central 

24 Asia’’ that are made available for activities to combat traf25 ficking in persons should be obligated and programmed 


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1 consistent with the country-specific recommendations in2 cluded in the annual Trafficking in Persons Report, and 

3 shall be coordinated with the Office to Monitor and Com4 bat Trafficking in Persons, Department of State. 

5 (f) RECONCILIATION PROGRAMS.—Of the funds ap6 propriated by this Act under the heading ‘‘Development 

7 Assistance’’, not less than $30,000,000 shall be made 

8 available to support people-to-people reconciliation pro9 grams which bring together individuals of different ethnic, 

10 racial, religious, and political backgrounds from areas of 

11 civil strife and war, including cross border programs in12 volving Palestinians and Israelis: Provided, That the 

13 USAID Administrator shall consult with the Committees 

14 on Appropriations, prior to the initial obligation of funds, 

15 on the uses of such funds, and such funds shall be subject 

16 to the regular notification procedures of the Committees 

17 on Appropriations: Provided further, That to the max18 imum extent practicable, such funds shall be matched by 

19 sources other than the United States Government: Pro20 vided further, That such funds shall be administered by 

21 the Office of Conflict Management and Mitigation, 

22 USAID. 

23 BUDGET DOCUMENTS

24 SEC. 7063. (a) OPERATING PLANS.—Not later than 

25 45 days after enactment of this Act, each department, 


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1 agency, or organization funded in titles I, II, and VI of 

2 this Act, and the Department of the Treasury and Inde3 pendent Agencies funded in title III of this Act, including 

4 the Inter-American Foundation and the United States Af5 rican Development Foundation, shall submit to the Com6 mittees on Appropriations an operating plan for funds ap7 propriated to such department, agency, or organization in 

8 such titles of this Act, or funds otherwise available for ob9 ligation in fiscal year 2022, that provides details of the 

10 uses of such funds at the program, project, and activity 

11 level: Provided, That such plans shall include, as applica12 ble, a comparison between the congressional budget jus13 tification funding levels, the most recent congressional di14 rectives or approved funding levels, and the funding levels 

15 proposed by the department or agency; and a clear, con16 cise, and informative description/justification: Provided 

17 further, That operating plans that include changes in lev18 els of funding for programs, projects, and activities speci19 fied in the congressional budget justification, in this Act, 

20 or amounts specifically designated in the respective tables 

21 included in the explanatory statement accompanying this 

22 Act, as applicable, shall be subject to the notification and 

23 reprogramming requirements of section 7015 of this Act. 

24 (b) SPEND PLANS.— 


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1 (1) Not later than 90 days after enactment of 

2 this Act, the Secretary of State or Administrator of 

3 the United States Agency for International Develop4 ment, as appropriate, shall submit to the Commit5 tees on Appropriations a spend plan for funds made 

6 available by this Act for— 

7 (A) assistance for Colombia, Cuba, Demo8 cratic Republic of the Congo, Egypt, El Sal9 vador, Ethiopia, Guatemala, Honduras, Iraq, 

10 Jordan, Lebanon, Mexico, Mozambique, Paki11 stan, Sri Lanka, Sudan, Syria, Tunisia, and 

12 Vietnam; 

13 (B) assistance made available pursuant to 

14 section 7047(d) of this Act to counter Russian 

15 influence, except that such plan shall be on a 

16 country-by-country basis; 

17 (C) assistance made available pursuant to 

18 section 7059 of this Act; 

19 (D) the Indo-Pacific Strategy and the 

20 Countering PRC Influence Fund; 

21 (E) environment programs, including adap22 tation and clean energy programs; 

23 (F) democracy programs, education pro24 grams, the Power Africa and Prosper Africa 

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1 sections (a), (b), (c), (e), and (f) of section 

2 7062 of this Act; 

3 (G) funds provided under the heading 

4 ‘‘International Narcotics Control and Law En5 forcement’’ for International Organized Crime 

6 and for Cybercrime and Intellectual Property 

7 Rights: Provided, That the spend plans shall in8 clude bilateral and global programs funded 

9 under such heading along with a brief descrip10 tion of the activities planned for each country; 

11 (H) implementation of the Global Fragility 

12 Act of 2019 (title V of division J of Public Law 

13 116–94); and 

14 (I) the Caribbean Basin Security Initiative; 

15 the Central America Regional Security Initia16 tive; the Trans-Saharan Counterterrorism Part17 nership; the Partnership for Regional East Af18 rica Counterterrorism; the Global Peace Oper19 ations Initiative, including Africa Contingency 

20 Operations Training and Assistance; the Africa 

21 Regional Counterterrorism program; and the 

22 Counterterrorism Partnerships Fund. 

23 (2) Not later than 90 days after enactment of 

24 this Act, the Secretary of the Treasury shall submit 

25 to the Committees on Appropriations a detailed 


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1 spend plan for funds made available by this Act 

2 under the heading ‘‘Department of the Treasury, 

3 International Affairs Technical Assistance’’ in title 

4 III. 

5 (c) CLARIFICATION.—The spend plans referenced in 

6 subsection (b) shall not be considered as meeting the noti7 fication requirements in this Act or under section 634A 

8 of the Foreign Assistance Act of 1961. 

9 (d) CONGRESSIONAL BUDGET JUSTIFICATION.—The 

10 congressional budget justification for Department of State 

11 operations and foreign operations shall be provided to the 

12 Committees on Appropriations concurrent with the date 

13 of submission of the President’s budget for fiscal year 

14 2023: Provided, That the appendices for such justification 

15 shall be provided to the Committees on Appropriations not 

16 later than 10 calendar days thereafter. 

17 REORGANIZATION

18 OVERSIGHT

19 SEC. 7064. (a) PRIOR CONSULTATION AND NOTIFI20 CATION.—Funds appropriated by this Act, prior Acts 

21 making appropriations for the Department of State, for22 eign operations, and related programs, or any other Act 

23 may not be used to implement a reorganization, redesign, 

24 or other plan described in subsection (b) by the Depart25 ment of State, the United States Agency for International 


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1 Development, or any other Federal department, agency, 

2 or organization funded by this Act without prior consulta3 tion by the head of such department, agency, or organiza4 tion with the Committees on Appropriations: Provided, 

5 That such funds shall be subject to the regular notification 

6 procedures of the Committees on Appropriations: Provided 

7 further, That any such notification submitted to such 

8 Committees shall include a detailed justification for any 

9 proposed action: Provided further, That congressional noti10 fications submitted in prior fiscal years pursuant to simi11 lar provisions of law in prior Acts making appropriations 

12 for the Department of State, foreign operations, and re13 lated programs may be deemed to meet the notification 

14 requirements of this section. 

15 (b) DESCRIPTION OF ACTIVITIES.—Pursuant to sub16 section (a), a reorganization, redesign, or other plan shall 

17 include any action to— 

18 (1) expand, eliminate, consolidate, or downsize 

19 covered departments, agencies, or organizations, in20 cluding bureaus and offices within or between such 

21 departments, agencies, or organizations, including 

22 the transfer to other agencies of the authorities and 

23 responsibilities of such bureaus and offices; 

24 (2) expand, eliminate, consolidate, or downsize 

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1 ing at bilateral, regional, and multilateral diplomatic 

2 facilities and other platforms; or 

3 (3) expand or reduce the size of the permanent 

4 Civil Service, Foreign Service, eligible family mem5 ber, and locally employed staff workforce of the De6 partment of State and USAID from the staffing lev7 els in place as of October 1, 2021. 

8 DEPARTMENT OF STATE MANAGEMENT

9 SEC. 7065. (a) WORKING CAPITAL FUND.—Funds 

10 appropriated by this Act or otherwise made available to 

11 the Department of State for payments to the Working 

12 Capital Fund may be used for new service centers, and 

13 are subject to the regular notification procedures of the 

14 Committees on Appropriations. 

15 (b) CERTIFICATION.— 

16 (1) COMPLIANCE.—Not later than 45 days 

17 after the initial obligation of funds appropriated 

18 under titles III and IV of this Act that are made 

19 available to a Department of State bureau or office 

20 with responsibility for the management and over21 sight of such funds, the Secretary of State shall cer22 tify and report to the Committees on Appropria23 tions, on an individual bureau or office basis, that 

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1 ment and Federal financial and grants management 

2 policies, procedures, and regulations, as applicable. 

3 (2) CONSIDERATIONS.—When making a certifi4 cation required by paragraph (1), the Secretary of 

5 State shall consider the capacity of a bureau or of6 fice to— 

7 (A) account for the obligated funds at the 

8 country and program level, as appropriate; 

9 (B) identify risks and develop mitigation 

10 and monitoring plans; 

11 (C) establish performance measures and 

12 indicators; 

13 (D) review activities and performance; and 

14 (E) assess final results and reconcile fi15 nances. 

16 (3) PLAN.—If the Secretary of State is unable 

17 to make a certification required by paragraph (1), 

18 the Secretary shall submit a plan and timeline de19 tailing the steps to be taken to bring such bureau 

20 or office into compliance. 

21 (c) INTERNSHIPS.—The Department of State may 

22 offer compensated and uncompensated internships, and 

23 select, appoint, employ for not more than 52 weeks, and 

24 remove any such compensated intern without regard to the 


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1 provisions of law governing appointments in the competi2 tive service, notwithstanding any other provision of law. 

3 UNITED STATES AGENCY FOR INTERNATIONAL

4 DEVELOPMENT MANAGEMENT

5 SEC. 7066. (a) AUTHORITY.—Up to $170,000,000 of 

6 the funds made available in title III of this Act pursuant 

7 to or to carry out the provisions of part I of the Foreign 

8 Assistance Act of 1961, including funds appropriated 

9 under the heading ‘‘Assistance for Europe, Eurasia and 

10 Central Asia’’, may be used by the United States Agency 

11 for International Development to hire and employ individ12 uals in the United States and overseas on a limited ap13 pointment basis pursuant to the authority of sections 308 

14 and 309 of the Foreign Service Act of 1980 (22 U.S.C. 

15 3948 and 3949). 

16 (b) RESTRICTION.—The authority to hire individuals 

17 contained in subsection (a) shall expire on September 30, 

18 2023. 

19 (c) PROGRAM ACCOUNT CHARGED.—The account 

20 charged for the cost of an individual hired and employed 

21 under the authority of this section shall be the account 

22 to which the responsibilities of such individual primarily 

23 relate: Provided, That funds made available to carry out 

24 this section may be transferred to, and merged with, funds 


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1 appropriated by this Act in title II under the heading ‘‘Op2 erating Expenses’’. 

3 (d) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi4 viduals hired and employed by USAID, with funds made 

5 available in this Act or prior Acts making appropriations 

6 for the Department of State, foreign operations, and re7 lated programs, pursuant to the authority of section 309 

8 of the Foreign Service Act of 1980 (22 U.S.C. 3949), may 

9 be extended for a period of up to 4 years notwithstanding 

10 the limitation set forth in such section. 

11 (e) DISASTER SURGE CAPACITY.—Funds appro12 priated under title III of this Act to carry out part I of 

13 the Foreign Assistance Act of 1961, including funds ap14 propriated under the heading ‘‘Assistance for Europe, 

15 Eurasia and Central Asia’’, may be used, in addition to 

16 funds otherwise available for such purposes, for the cost 

17 (including the support costs) of individuals detailed to or 

18 employed by USAID whose primary responsibility is to 

19 carry out programs in response to natural disasters, or 

20 man-made disasters subject to the regular notification 

21 procedures of the Committees on Appropriations. 

22 (f) PERSONAL SERVICES CONTRACTORS.—Funds ap23 propriated by this Act to carry out chapter 1 of part I, 

24 chapter 4 of part II, and section 667 of the Foreign As25 sistance Act of 1961, and title II of the Food for Peace 


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1 Act (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be 

2 used by USAID to employ up to 40 personal services con3 tractors in the United States, notwithstanding any other 

4 provision of law, for the purpose of providing direct, in5 terim support for new or expanded overseas programs and 

6 activities managed by the agency until permanent direct 

7 hire personnel are hired and trained: Provided, That not 

8 more than 15 of such contractors shall be assigned to any 

9 bureau or office: Provided further, That such funds appro10 priated to carry out title II of the Food for Peace Act 

11 (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be made 

12 available only for personal services contractors assigned 

13 to the Bureau for Humanitarian Assistance. 

14 (g) SMALL BUSINESS.—In entering into multiple 

15 award indefinite-quantity contracts with funds appro16 priated by this Act, USAID may provide an exception to 

17 the fair opportunity process for placing task orders under 

18 such contracts when the order is placed with any category 

19 of small or small disadvantaged business. 

20 (h) SENIOR FOREIGN SERVICE LIMITED APPOINT21 MENTS.—Individuals hired pursuant to the authority pro22 vided by section 7059(o) of the Department of State, For23 eign Operations, and Related Programs Appropriations 

24 Act, 2010 (division F of Public Law 111–117) may be 

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1 stan with funds made available in this Act and prior Acts 

2 making appropriations for the Department of State, for3 eign operations, and related programs. 

4 (i) MANAGEMENT, OVERSIGHT, AND TECHNICAL

5 SUPPORT.—Of the funds made available by this Act under 

6 the heading ‘‘Development Assistance’’ that are made 

7 available for programs administered by the USAID Advi8 sor for Indigenous Peoples Issues, up to $500,000 may 

9 be used for management, oversight, and technical support, 

10 in addition to funds otherwise made available for such pur11 poses. 

12 STABILIZATION AND DEVELOPMENT IN REGIONS

13 IMPACTED BY EXTREMISM AND CONFLICT

14 SEC. 7067. (a) PREVENTION AND STABILIZATION

15 FUND.— 

16 (1) FUNDS AND TRANSFER AUTHORITY.—Of 

17 the funds appropriated by this Act under the head18 ings ‘‘Economic Support Fund’’, ‘‘International Nar19 cotics Control and Law Enforcement’’, ‘‘Non20 proliferation, Anti-terrorism, Demining and Related 

21 Programs’’, ‘‘Peacekeeping Operations’’, and ‘‘For22 eign Military Financing Program’’, not less than 

23 $125,000,000 should be made available for the pur24 poses of the Prevention and Stabilization Fund, as 

25 authorized by, and for the purposes enumerated in, 


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1 section 509(a) of the Global Fragility Act of 2019 

2 (title V of division J of Public Law 116–94), of 

3 which $25,000,000 may be made available for the 

4 Multi-Donor Global Fragility Fund authorized by 

5 section 510(c) of such Act: Provided, That such 

6 funds appropriated under such headings may be 

7 transferred to, and merged with, funds appropriated 

8 under such headings: Provided further, That such 

9 transfer authority is in addition to any other trans10 fer authority provided by this Act or any other Act, 

11 and is subject to the regular notification procedures 

12 of the Committees on Appropriations. 

13 (2) TRANSITIONAL JUSTICE.—Of the funds ap14 propriated by this Act under the heading ‘‘Inter15 national Narcotics Control and Law Enforcement’’ 

16 that are made available for the Prevention and Sta17 bilization Fund, not less than $10,000,000 shall be 

18 made available for programs to promote account19 ability for genocide, crimes against humanity, and 

20 war crimes, including in Ethiopia, Iraq, South 

21 Sudan, Sri Lanka, Syria, and Yemen which shall be 

22 in addition to any other funds made available by this 

23 Act for such purposes: Provided, That such pro24 grams shall include components to develop local in25 vestigative and judicial skills, and to collect and preVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 serve evidence and maintain the chain of custody of 

2 evidence, including for use in prosecutions, and may 

3 include the establishment of, and assistance for, 

4 transitional justice mechanisms: Provided further, 

5 That such funds shall be administered by the Special 

6 Coordinator for the Office of Global Criminal Jus7 tice, Department of State: Provided further, That 

8 funds made available by this paragraph shall be 

9 made available on an open and competitive basis. 

10 (b) GLOBAL COMMUNITY ENGAGEMENT AND RESIL11 IENCE FUND.—Funds appropriated by this Act and prior 

12 Acts making appropriations for the Department of State, 

13 foreign operations, and related programs under the head14 ing ‘‘Economic Support Fund’’ may be made available to 

15 the Global Community Engagement and Resilience Fund 

16 (GCERF), including as a contribution: Provided, That any 

17 such funds made available for the GCERF shall be made 

18 available on a cost-matching basis from sources other than 

19 the United States Government, to the maximum extent 

20 practicable, and shall be subject to the regular notification 

21 procedures of the Committees on Appropriations. 

22 (c) GLOBAL CONCESSIONAL FINANCING FACILITY.— 

23 Of the funds appropriated by this Act under the heading 

24 ‘‘Economic Support Fund’’, $25,000,000 may be made 

25 available for the Global Concessional Financing Facility 


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1 of the World Bank to provide financing to support refu2 gees and host communities: Provided, That such funds 

3 should be in addition to funds allocated for bilateral assist4 ance in the report required by section 653(a) of the For5 eign Assistance Act of 1961, and may only be made avail6 able subject to prior to consultation with the Committees 

7 on Appropriations: Provided further, That such funds may 

8 be transferred to the Department of the Treasury. 

9 DEBT-FOR-DEVELOPMENT

10 SEC. 7068. In order to enhance the continued partici11 pation of nongovernmental organizations in debt-for-devel12 opment and debt-for-nature exchanges, a nongovern13 mental organization which is a grantee or contractor of 

14 the United States Agency for International Development 

15 may place in interest bearing accounts local currencies 

16 which accrue to that organization as a result of economic 

17 assistance provided under title III of this Act and, subject 

18 to the regular notification procedures of the Committees 

19 on Appropriations, any interest earned on such investment 

20 shall be used for the purpose for which the assistance was 

21 provided to that organization. 

22 ENTERPRISE FUNDS

23 SEC. 7069. (a) NOTIFICATION.—None of the funds 

24 made available under titles III through VI of this Act may 

25 be made available for Enterprise Funds unless the approVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 priate congressional committees are notified at least 15 

2 days in advance. 

3 (b) DISTRIBUTION OF ASSETS PLAN.—Prior to the 

4 distribution of any assets resulting from any liquidation, 

5 dissolution, or winding up of an Enterprise Fund, in whole 

6 or in part, the President shall submit to the appropriate 

7 congressional committees a plan for the distribution of the 

8 assets of the Enterprise Fund. 

9 (c) TRANSITION OR OPERATING PLAN.—Prior to a 

10 transition to and operation of any private equity fund or 

11 other parallel investment fund under an existing Enter12 prise Fund, the President shall submit such transition or 

13 operating plan to the appropriate congressional commit14 tees. 

15 EXTENSION OF CONSULAR FEES AND RELATED

16 AUTHORITIES

17 SEC. 7070. (a) Section 1(b)(1) of the Passport Act 

18 of June 4, 1920 (22 U.S.C. 214(b)(1)) shall be applied 

19 through fiscal year 2022 by substituting ‘‘the costs of pro20 viding consular services’’ for ‘‘such costs’’. 

21 (b) Section 21009 of the Emergency Appropriations 

22 for Coronavirus Health Response and Agency Operations 

23 (division B of Public Law 116–136; 134 Stat. 592) shall 

24 be applied during fiscal year 2022 by substituting ‘‘2020, 

25 2021, and 2022’’ for ‘‘2020 and 2021’’. 


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1 (c) Discretionary amounts made available to the De2 partment of State under the heading ‘‘Administration of 

3 Foreign Affairs’’ of this Act, and discretionary unobli4 gated balances under such heading from prior Acts mak5 ing appropriations for the Department of State, foreign 

6 operations, and related programs, may be transferred to 

7 the Consular and Border Security Programs account if the 

8 Secretary of State determines and reports to the Commit9 tees on Appropriations that to do so is necessary to sus10 tain consular operations, following consultation with such 

11 Committees: Provided, That such transfer authority is in 

12 addition to any transfer authority otherwise available in 

13 this Act and under any other provision of law: Provided 

14 further, That no amounts may be transferred from 

15 amounts designated as emergency requirements pursuant 

16 to a concurrent resolution on the budget or section 

17 251(b)(2)(A) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 (d) In addition to the uses permitted pursuant to sec20 tion 286(v)(2)(A) of the Immigration and Nationality Act 

21 (8 U.S.C. 1356(v)(2)(A)), for fiscal year 2022, the Sec22 retary of State may also use fees deposited into the Fraud 

23 Prevention and Detection Account for the costs of pro24 viding consular services. 


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1 (e) Beginning in fiscal year 2022 and for each fiscal 

2 year thereafter, fees collected pursuant to subsection (a) 

3 of section 1 of the Passport Act of June 4, 1920 (22 

4 U.S.C. 214(a)) shall, notwithstanding such subsection, be 

5 deposited in the Consular and Border Security Programs 

6 account as discretionary offsetting receipts and shall re7 main available until expended for the purposes of such ac8 count: Provided, That the Secretary of State may by regu9 lation authorize State officials or the United States Postal 

10 Service to collect and retain the execution fee for each ap11 plication for a passport accepted by such officials or by 

12 that Service. 

13 (f) Amounts provided pursuant to subsections (a), 

14 (b), and (d) are designated by the Congress as being for 

15 an emergency requirement pursuant to section 4001(a)(1) 

16 and section 4001(b) of S. Con. Res. 14 (117th Congress), 

17 the concurrent resolution on the budget for fiscal year 

18 2022, and to section 251(b) of the Balanced Budget and 

19 Emergency Deficit Control Act of 1985. 

20 INCENTIVE FUNDS

21 SEC. 7071. (a) Not later than 90 days after enact22 ment of this Act, the Secretary of State and the USAID 

23 Administrator shall jointly submit to the Committees on 

24 Appropriations recommendations for establishing incentive 

25 funds, with benchmarks for measuring progress, for counVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 tries receiving United States assistance funded by this 

2 Act. 

3 (b) The purpose of such funds is to encourage the 

4 governments of such countries to adopt, and make con5 sistent progress in implementing, economic and political 

6 reforms to promote equitable economic growth and oppor7 tunity, strengthen democratic governance, reduce corrup8 tion and impunity, protect fundamental rights, and reduce 

9 dependency on United States assistance, including, as ap10 propriate— 

11 (1) implementing free market and civil service 

12 reforms, raising revenue to support public utilities 

13 and services, and reducing subsidies; 

14 (2) improving transparency and accountability 

15 to reduce waste, enhance efficiencies, and prevent 

16 conflicts of interest and other corrupt practices re17 lated to public service and expenditures; 

18 (3) enforcing laws and policies that protect 

19 freedom of expression, association, and the press, 

20 and the right of due process; and 

21 (4) strengthening the independence of the judi22 ciary and of electoral processes. 

23 (c) Not later than 45 days after enactment of this 

24 Act, the Secretary of State and USAID Administrator 

25 shall consult with the Committees on Appropriations on 


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1 the format and content of the recommendations to be sub2 mitted. 

3 WAIVER AUTHORITY

4 SEC. 7072. The President may waive section 414 of 

5 Public Law 101–246 and section 410 of Public Law 103– 

6 236 on a case-by-case basis if the President determines 

7 and reports in writing to the Speaker of the House of Rep8 resentatives, the President Pro Tempore of the Senate, 

9 and the appropriate congressional committees that to do 

10 so would enable the United States to counter Chinese in11 fluence or to promote other national interests of the 

12 United States: Provided, That the authority of this section 

13 shall cease to have effect if, after enactment of this Act, 

14 the Palestinians obtain the same standing as member 

15 states or full membership as a state in the United Nations 

16 or any specialized agency thereof outside an agreement ne17 gotiated between Israel and the Palestinians: Provided fur18 ther, That the authority of this section shall sunset on 

19 September 30, 2025, unless extended in a subsequent Act 

20 of Congress. 

21 CONSULAR NOTIFICATION COMPLIANCE

22 SEC. 7073. (a) PETITION FOR REVIEW.— 

23 (1) JURISDICTION.—Notwithstanding any other 

24 provision of law, a Federal court shall have jurisdic25 tion to review the merits of a petition claiming violaVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 tion of Article 36(1)(b) or (c) of the Vienna Conven2 tion on Consular Relations, done at Vienna April 24, 

3 1963, or a comparable provision of a bilateral inter4 national agreement addressing consular notification 

5 and access, filed by an individual convicted and sen6 tenced to death by any Federal or State court before 

7 the date of enactment of this Act. 

8 (2) STANDARD.—To obtain relief, an individual 

9 described in paragraph (1) must make a showing of 

10 actual prejudice to the criminal conviction or sen11 tence as a result of the violation. The court may 

12 conduct an evidentiary hearing if necessary to sup13 plement the record and, upon a finding of actual 

14 prejudice, shall order a new trial or sentencing pro15 ceeding. 

16 (3) LIMITATIONS.— 

17 (A) INITIAL SHOWING.—To qualify for re18 view under this subsection, a petition must 

19 make an initial showing that— 

20 (i) a violation of Article 36(1)(b) or 

21 (c) of the Vienna Convention on Consular 

22 Relations, done at Vienna April 24, 1963, 

23 or a comparable provision of a bilateral 

24 international agreement addressing con25 sular notification and access, occurred with 


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1 respect to the individual described in para2 graph (1); and 

3 (ii) if such violation had not occurred, 

4 the consulate would have provided assist5 ance to the individual. 

6 (B) EFFECT OF PRIOR ADJUDICATION.—A 

7 petition for review under this subsection shall 

8 not be granted if the claimed violation described 

9 in paragraph (1) has previously been adju10 dicated on the merits by a Federal or State 

11 court of competent jurisdiction in a proceeding 

12 in which no Federal or State procedural bars 

13 were raised with respect to such violation and 

14 in which the court provided review equivalent to 

15 the review provided in this subsection, unless 

16 the adjudication of the claim resulted in a deci17 sion that was based on an unreasonable deter18 mination of the facts in light of the evidence 

19 presented in the prior Federal or State court 

20 proceeding. 

21 (C) FILING DEADLINE.—A petition for re22 view under this subsection shall be filed within 

23 1 year of the later of— 

24 (i) the date of enactment of this Act; 


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1 (ii) the date on which the Federal or 

2 State court judgment against the indi3 vidual described in paragraph (1) became 

4 final by the conclusion of direct review or 

5 the expiration of the time for seeking such 

6 review; or 

7 (iii) the date on which the impediment 

8 to filing a petition created by Federal or 

9 State action in violation of the Constitu10 tion or laws of the United States is re11 moved, if the individual described in para12 graph (1) was prevented from filing by 

13 such Federal or State action. 

14 (D) TOLLING.—The time during which a 

15 properly filed application for State post-convic16 tion or other collateral review with respect to 

17 the pertinent judgment or claim is pending 

18 shall not be counted toward the 1-year period of 

19 limitation. 

20 (E) TIME LIMIT FOR REVIEW.—A Federal 

21 court shall give priority to a petition for review 

22 filed under this subsection over all noncapital 

23 matters. With respect to a petition for review 

24 filed under this subsection and claiming only a 

25 violation described in paragraph (1), a Federal 


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1 court shall render a final determination and 

2 enter a final judgment not later than 1 year 

3 after the date on which the petition is filed. 

4 (4) HABEAS PETITION.—A petition for review 

5 under this subsection shall be part of the first Fed6 eral habeas corpus application or motion for Federal 

7 collateral relief under chapter 153 of title 28, United 

8 States Code, filed by an individual, except that if an 

9 individual filed a Federal habeas corpus application 

10 or motion for Federal collateral relief before the date 

11 of enactment of this Act or if such application is re12 quired to be filed before the date that is 1 year after 

13 the date of enactment of this Act, such petition for 

14 review under this subsection shall be filed not later 

15 than 1 year after the enactment date or within the 

16 period prescribed by paragraph (3)(C)(iii), whichever 

17 is later. No petition filed in conformity with the re18 quirements of the preceding sentence shall be consid19 ered a second or successive habeas corpus applica20 tion or subjected to any bars to relief based on 

21 preenactment proceedings other than as specified in 

22 paragraph (2). 

23 (5) REFERRAL TO MAGISTRATE.—A Federal 

24 court acting under this subsection may refer the pe25 tition for review to a Federal magistrate for proVerDate Sep 11 2014 23:11 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\S3075.IS S3075

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1 posed findings and recommendations pursuant to 28 

2 U.S.C. 636(b)(1)(B). 

3 (6) APPEAL.— 

4 (A) IN GENERAL.—A final order on a peti5 tion for review under paragraph (1) shall be 

6 subject to review on appeal by the court of ap7 peals for the circuit in which the proceeding is 

8 held. 

9 (B) APPEAL BY PETITIONER.—An indi10 vidual described in paragraph (1) may appeal a 

11 final order on a petition for review under para12 graph (1) only if a district or circuit judge 

13 issues a certificate of appealability. A district or 

14 circuit court judge shall issue or deny a certifi15 cate of appealability not later than 30 days 

16 after an application for a certificate of 

17 appealability is filed. A district judge or circuit 

18 judge may issue a certificate of appealability 

19 under this subparagraph if the individual has 

20 made a substantial showing of actual prejudice 

21 to the criminal conviction or sentence of the in22 dividual as a result of a violation described in 

23 paragraph (1). 

24 (b) VIOLATION.— 


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1 (1) IN GENERAL.—An individual not covered by 

2 subsection (a) who is arrested, detained, or held for 

3 trial on a charge that would expose the individual to 

4 a capital sentence if convicted may raise a claim of 

5 a violation of Article 36(1)(b) or (c) of the Vienna 

6 Convention on Consular Relations, done at Vienna 

7 April 24, 1963, or of a comparable provision of a bi8 lateral international agreement addressing consular 

9 notification and access, at a reasonable time after 

10 the individual becomes aware of the violation, before 

11 the court with jurisdiction over the charge. Upon a 

12 finding of such a violation— 

13 (A) the consulate of the foreign state of 

14 which the individual is a national shall be noti15 fied immediately by the detaining authority, 

16 and consular access to the individual shall be 

17 afforded in accordance with the provisions of 

18 the Vienna Convention on Consular Relations, 

19 done at Vienna April 24, 1963, or the com20 parable provisions of a bilateral international 

21 agreement addressing consular notification and 

22 access; and 

23 (B) the court— 

24 (i) shall postpone any proceedings to 

25 the extent the court determines necessary 


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1 to allow for adequate opportunity for con2 sular access and assistance; and 

3 (ii) may enter necessary orders to fa4 cilitate consular access and assistance. 

5 (2) EVIDENTIARY HEARINGS.—The court may 

6 conduct evidentiary hearings if necessary to resolve 

7 factual issues. 

8 (3) RULE OF CONSTRUCTION.—Nothing in this 

9 subsection shall be construed to create any addi10 tional remedy. 

11 (c) DEFINITIONS.—In this section the term ‘‘State’’ 

12 means any State of the United States, the District of Co13 lumbia, the Commonwealth of Puerto Rico, and any terri14 tory or possession of the United States. 

15 (d) APPLICABILITY.—The provisions of this section 

16 shall apply during the current fiscal year and each fiscal 

17 year thereafter. 

18 ASSISTANCE FOR FOREIGN NONGOVERNMENTAL

19 ORGANIZATIONS

20 SEC. 7074. The Foreign Assistance Act of 1961 (22 

21 U.S.C. 2151 et seq.) is amended by inserting after section 

22 104C the following: 

23 ‘‘SEC. 104D. ELIGIBILITY FOR ASSISTANCE. 

24 ‘‘Notwithstanding any other provision of law, regula25 tion, or policy, in determining eligibility for assistance 


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1 under sections 104, 104A, 104B, and 104C, a foreign non2 governmental organization— 

3 ‘‘(1) shall not be ineligible for such assistance 

4 solely on the basis of health or medical services, in5 cluding counseling and referral services, provided by 

6 such organization with non-United States Govern7 ment funds if such services— 

8 ‘‘(A) do not violate the laws of the country 

9 in which they are being provided; and 

10 ‘‘(B) would not violate United States Fed11 eral law if provided in the United States; and 

12 ‘‘(2) shall not be subject to requirements relat13 ing to the use of non-United States Government 

14 funds for advocacy and lobbying activities other than 

15 those that apply to United States nongovernmental 

16 organizations receiving assistance under this part.’’. 

17 RESCISSIONS

18 SEC. 7075. (a) ECONOMIC SUPPORT FUND.—Of the 

19 unobligated and unexpended balances from amounts made 

20 available under the heading ‘‘Economic Support Fund’’ 

21 from prior Acts making appropriations for the Depart22 ment of State, foreign operations, and related programs 

23 and allocated by the Executive Branch for Afghanistan in 

24 the annual reports required by section 653(a) of the For25 eign Assistance Act of 1961 (22 U.S.C. 2413(a)), 


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1 $840,644,000, shall be deobligated, as appropriate, and 

2 shall be rescinded. 

3 (b) MILLENNIUM CHALLENGE CORPORATION.—Of 

4 the unobligated balances from amounts made available 

5 under the heading ‘‘Millennium Challenge Corporation’’ 

6 from prior Acts making appropriations for the Depart7 ment of State, foreign operations, and related programs, 

8 $515,000,000 are rescinded. 

9 (c) INTERNATIONAL NARCOTICS CONTROL AND LAW

10 ENFORCEMENT.—Of the unobligated and unexpended bal11 ances from amounts made available under the heading 

12 ‘‘International Narcotics Control and Law Enforcement’’ 

13 from prior Acts making appropriations for the Depart14 ment of State, foreign operations, and related programs 

15 and allocated by the Executive Branch for Afghanistan in 

16 the annual reports required by section 653(a) of the For17 eign Assistance Act of 1961 (22 U.S.C. 2413(a)), 

18 $100,000,000, shall be deobligated, as appropriate, and 

19 shall be rescinded. 

20 (d) PEACE CORPS.—Of the unobligated balances 

21 from amounts made available under the heading ‘‘Peace 

22 Corps’’ from prior Acts making appropriations for the De23 partment of State, foreign operations, and related pro24 grams, $85,000,000 are rescinded. 


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1 (e) EMBASSY SECURITY, CONSTRUCTION, AND MAIN2 TENANCE.— 

3 (1) Of the unobligated and unexpended bal4 ances from amounts made available under the head5 ing ‘‘Embassy Security, Construction, and Mainte6 nance’’ in title II of the Security Assistance Appro7 priations Act, 2017 (division B of Public Law 114– 

8 254), $41,000,000 are rescinded. 

9 (2) Of the unobligated and unexpended bal10 ances from amounts available under the heading 

11 ‘‘Embassy Security, Construction, and Maintenance’’ 

12 from prior Acts making appropriations for the De13 partment of State, foreign operations, and related 

14 programs for Embassy Kabul construction projects, 

15 $412,000,000 are rescinded. 

16 (f) RESTRICTION.—No amounts may be rescinded 

17 from amounts that were previously designated by the Con18 gress as an emergency requirement pursuant to a concur19 rent resolution on the budget or the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 This Act may be cited as the ‘‘Department of State, 

22 Foreign Operations, and Related Programs Appropria23 tions Act, 2022’’. 

Æ 


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