Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022

Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2022, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2022, and for other purposes, namely: I DEPARTMENT OF STATE AND RELATED AGENCY Department of State Administration of Foreign Affairs DIPLOMATIC PROGRAMS For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, $9,040,672,000, of which $812,216,000 may remain available until September 30, 2023, and of which up to $3,625,899,000 may remain available until expended for Worldwide Security Protection: Provided (1) Human resources For necessary expenses for training, human resources management, and salaries, including employment without regard to civil service and classification laws of persons on a temporary basis (not to exceed $700,000), as authorized by section 801 of the United States Information and Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36), $3,216,871,000, of which up to $661,240,000 is for Worldwide Security Protection. (2) Overseas programs For necessary expenses for the regional bureaus of the Department of State and overseas activities as authorized by law, $1,791,425,000. (3) Diplomatic policy and support For necessary expenses for the functional bureaus of the Department of State, including representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress, general administration, and arms control, nonproliferation, and disarmament activities as authorized, $1,018,951,000. (4) Security programs For necessary expenses for security activities, $3,013,425,000, of which up to $2,964,659,000 is for Worldwide Security Protection. (5) Fees and payments collected In addition to amounts otherwise made available under this heading— (A) as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and counseling and exchange visitor programs; and (B) not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities. (6) Transfer of funds, reprogramming, and other matters (A) Notwithstanding any other provision of this Act, funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section 7015 of this Act. (B) Of the amount made available under this heading for Worldwide Security Protection, not to exceed $50,000,000 may be transferred to, and merged with, funds made available by this Act under the heading Emergencies in the Diplomatic and Consular Service Provided (C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field examination of programs and activities in the United States funded from any account contained in this title. (D) Funds appropriated under this heading shall be made available for the following purposes and as specified under this heading in the explanatory statement accompanying this Act— (i) to establish and support the activities of an Ambassador-at-Large for the Arctic Region; and (ii) to implement the Arctic Indigenous Exchange Program. CAPITAL INVESTMENT FUND For necessary expenses of the Capital Investment Fund, as authorized, $448,880,000, to remain available until expended. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General, $91,458,000, of which $13,718,000 may remain available until September 30, 2023: Provided 22 U.S.C. 3929(a)(1) In addition, for the Special Inspector General for Afghanistan Reconstruction (SIGAR) for reconstruction oversight, $46,000,000, to remain available until September 30, 2023: Provided Educational and Cultural Exchange Programs For necessary expenses of educational and cultural exchange programs, as authorized, $748,961,000, to remain available until expended, of which not less than $275,000,000 shall be for the Fulbright Program and not less than $113,340,000 shall be for Citizen Exchange Program: Provided Provided further Provided further Public Law 116–6 Provided further Civil Society Exchange Program Provided further Provided further REPRESENTATION EXPENSES For representation expenses as authorized, $7,415,000. PROTECTION OF FOREIGN MISSIONS AND OFFICIALS For necessary expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services, as authorized, $30,890,000, to remain available until September 30, 2023. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE For necessary expenses for carrying out the Foreign Service Buildings Act of 1926 ( 22 U.S.C. 292 et seq. Provided In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $1,132,427,000, to remain available until expended. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE For necessary expenses to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, as authorized, $8,885,000, to remain available until expended, of which not to exceed $1,000,000 may be transferred to, and merged with, funds appropriated by this Act under the heading Repatriation Loans Program Account Provided Diplomatic and Consular Programs Public Law 110–161 REPATRIATION LOANS PROGRAM ACCOUNT For the cost of direct loans, $1,300,000, as authorized: Provided Provided further PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN For necessary expenses to carry out the Taiwan Relations Act ( Public Law 96–8 INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA Not to exceed $1,806,600 shall be derived from fees collected from other executive agencies for lease or use of facilities at the International Center in accordance with section 4 of the International Center Act ( Public Law 90–553 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND For payment to the Foreign Service Retirement and Disability Fund, as authorized, $158,900,000. International Organizations CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS For necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions, or specific Acts of Congress, $1,662,928,000, of which $96,240,000 may remain available until September 30, 2023: Provided Provided further Provided further Provided further CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $1,828,614,000, of which $914,307,000 may remain available until September 30, 2023: Provided Provided further Provided further Provided further Provided further Provided further Provided further 22 U.S.C. 287e Provided further International Commissions For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows: INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation expenses; as follows: SALARIES AND EXPENSES For salaries and expenses, not otherwise provided for, $52,220,000, of which $7,833,000 may remain available until September 30, 2023. CONSTRUCTION For detailed plan preparation and construction of authorized projects, $51,300,000, to remain available until expended, as authorized: Provided Salaries and Expenses Provided further AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and for technical assistance grants and the Community Assistance Program of the North American Development Bank, $15,008,000: Provided Provided further INTERNATIONAL FISHERIES COMMISSIONS For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $62,846,000: Provided RELATED AGENCY UNITED STATES AGENCY FOR GLOBAL MEDIA INTERNATIONAL BROADCASTING OPERATIONS For necessary expenses to enable the United States Agency for Global Media (USAGM), as authorized, to carry out international communication activities, and to make and supervise grants for radio, Internet, and television broadcasting to the Middle East, $870,696,000: Provided Provided further Provided further Provided further Provided further 22 U.S.C. 6202 22 U.S.C. 6204 Provided further Provided further Provided further BROADCASTING CAPITAL IMPROVEMENTS For the purchase, rent, construction, repair, preservation, and improvement of facilities for radio, television, and digital transmission and reception; the purchase, rent, and installation of necessary equipment for radio, television, and digital transmission and reception, including to Cuba, as authorized; and physical security worldwide, in addition to amounts otherwise available for such purposes, $14,700,000, to remain available until expended, as authorized. RELATED PROGRAMS The Asia Foundation For a grant to The Asia Foundation, as authorized by The Asia Foundation Act ( 22 U.S.C. 4402 Provided United States Institute of Peace For necessary expenses of the United States Institute of Peace, as authorized by the United States Institute of Peace Act ( 22 U.S.C. 4601 et seq. Center for Middle Eastern-Western Dialogue Trust Fund For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as authorized by section 633 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 ( 22 U.S.C. 2078 Eisenhower Exchange Fellowship Program For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 ( 20 U.S.C. 5204–5205 Provided Israeli Arab Scholarship Program For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 ( 22 U.S.C. 2452 East-West Center To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to the Center for Cultural and Technical Interchange Between East and West in the State of Hawaii, $19,700,000. National Endowment for Democracy For grants made by the Department of State to the National Endowment for Democracy, as authorized by the National Endowment for Democracy Act ( 22 U.S.C. 4412 Provided OTHER COMMISSIONS Commission for the Preservation of America’s Heritage Abroad SALARIES AND EXPENSES For necessary expenses for the Commission for the Preservation of America’s Heritage Abroad, $642,000, as authorized by chapter 3123 Provided Provided further Provided further United States Commission on International Religious Freedom SALARIES AND EXPENSES For necessary expenses for the United States Commission on International Religious Freedom, as authorized by title II of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6431 et seq. Provided Provided further Commission on Security and Cooperation in Europe SALARIES AND EXPENSES For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304 22 U.S.C. 3001 et seq. Congressional-Executive Commission on the People's Republic of China SALARIES AND EXPENSES For necessary expenses of the Congressional-Executive Commission on the People's Republic of China, as authorized by title III of the U.S.-China Relations Act of 2000 ( 22 U.S.C. 6911 et seq. United States-China Economic and Security Review Commission SALARIES AND EXPENSES For necessary expenses of the United States-China Economic and Security Review Commission, as authorized by section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( 22 U.S.C. 7002 Provided Public Law 111–117 II UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Funds Appropriated to the President OPERATING EXPENSES For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $1,635,947,000, of which up to $245,392,000 may remain available until September 30, 2023: Provided Capital Investment Fund Provided further Provided further Operating Expenses Provided further CAPITAL INVESTMENT FUND For necessary expenses for overseas construction and related costs, and for the procurement and enhancement of information technology and related capital investments, pursuant to section 667 of the Foreign Assistance Act of 1961, $258,200,000, to remain available until expended: Provided Provided further OFFICE OF INSPECTOR GENERAL For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $82,200,000, of which up to $12,330,000 may remain available until September 30, 2023, for the Office of Inspector General of the United States Agency for International Development: Provided III BILATERAL ECONOMIC ASSISTANCE Funds appropriated to the President For necessary expenses to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, as follows: GLOBAL HEALTH PROGRAMS For necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for global health activities, in addition to funds otherwise available for such purposes, $4,423,950,000, to remain available until September 30, 2023, and which shall be apportioned directly to the United States Agency for International Development: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further motivate Provided further In addition, for necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, $5,930,000,000, to remain available until September 30, 2026, which shall be apportioned directly to the Department of State: Provided Public Law 108–25 Provided further Provided further Provided further DEVELOPMENT ASSISTANCE For necessary expenses to carry out the provisions of sections 103, 105, 106, 214, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961, $4,075,097,000, to remain available until September 30, 2023: Provided INTERNATIONAL DISASTER ASSISTANCE For necessary expenses to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $4,682,362,000, to remain available until expended: Provided TRANSITION INITIATIVES For necessary expenses for international disaster rehabilitation and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development, pursuant to section 491 of the Foreign Assistance Act of 1961, and to support transition to democracy and long-term development of countries in crisis, $107,043,000, to remain available until expended: Provided Provided further Provided further Provided further COMPLEX CRISES FUND For necessary expenses to carry out the provisions of section 509(b) of the Global Fragility Act of 2019 (title V of division J of Public Law 116–94 Provided ECONOMIC SUPPORT FUND For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $3,480,131,000, to remain available until September 30, 2023. DEMOCRACY FUND For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally, including to carry out the purposes of section 502(b)(3) and (5) of Public Law 98–164 22 U.S.C. 4411 Provided Provided further For an additional amount for such purposes, $125,250,000, to remain available until September 30, 2023, of which up to $25,000,000 may remain available until September 30, 2024, which shall be made available for the Bureau for Development, Democracy, and Innovation, United States Agency for International Development. ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act ( Public Law 102–511 Public Law 101–179 22 U.S.C. 5801 22 U.S.C. 5402 Provided Global Health Programs Economic Support Fund International Narcotics Control and Law Enforcement Provided further Provided further Department of state MIGRATION AND REFUGEE ASSISTANCE For necessary expenses not otherwise provided for, to enable the Secretary of State to carry out the provisions of section 2(a) and (b) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2601 22 U.S.C. 3901 et seq. UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2601(c) Provided Migration and Refugee Assistance Independent agencies PEACE CORPS (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions of the Peace Corps Act ( 22 U.S.C. 2501 et seq. Provided 22 U.S.C. 2515 Provided further Provided further Provided further Provided further Provided further Public Law 113–76 MILLENNIUM CHALLENGE CORPORATION For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 et seq. Provided Provided further 22 U.S.C. 7704(e) Provided further 22 U.S.C. 7708 Provided further Provided further INTER-AMERICAN FOUNDATION For necessary expenses to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $44,500,000, to remain available until September 30, 2023: Provided UNITED STATES AFRICAN DEVELOPMENT FOUNDATION For necessary expenses to carry out the African Development Foundation Act (title V of Public Law 96–533 22 U.S.C. 290h et seq. Provided Provided further Provided further 22 U.S.C. 290h–3(a)(2) Provided further Provided further Provided further Provided further Department of the treasury INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $38,000,000, to remain available until expended, of which not more than $7,600,000 may be used for administrative expenses: Provided DEBT RESTRUCTURING For Bilateral Economic Assistance—Department of the Treasury—Debt Restructuring Common Framework for Debt Treatments beyond the Debt Service Suspension Initiative (DSSI) Provided TROPICAL FOREST AND CORAL REEF CONSERVATION ACT For the costs, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees, as the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling, reducing, or canceling amounts owed to the United States as a result of concessional loans made to eligible countries pursuant to part V of the Foreign Assistance Act of 1961, $15,000,000, to remain available until September 30, 2027. IV INTERNATIONAL SECURITY ASSISTANCE Department of State INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $1,388,853,000, to remain available until September 30, 2023: Provided Provided further Provided further Provided further Provided further NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $907,247,000, to remain available until September 30, 2023, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act ( 22 U.S.C. 5854 22 U.S.C. 2763 Provided Provided further Provided further Provided further Provided further PEACEKEEPING OPERATIONS For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $465,459,000, of which $232,730,000 may remain available until September 30, 2023: Provided Provided further Provided further Contributions for International Peacekeeping Activities Provided further Funds appropriated to the President INTERNATIONAL MILITARY EDUCATION AND TRAINING For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $112,925,000, of which up to $56,463,000 may remain available until September 30, 2023: Provided Provided further Provided further FOREIGN MILITARY FINANCING PROGRAM For necessary expenses for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 Provided Provided further Provided further None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurement has first signed an agreement with the United States Government specifying the conditions under which such procurement may be financed with such funds, including any conditions on the end use and end users of such articles and services: Provided Provided further Provided further Foreign Military Sales Financing Program Provided further Provided further Provided further Provided further 22 U.S.C. 2761(e)(1)(A) 22 U.S.C. 2792(b) V MULTILATERAL ASSISTANCE Funds appropriated to the President INTERNATIONAL ORGANIZATIONS AND PROGRAMS For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, $472,500,000: Provided Provided further International financial institutions GLOBAL ENVIRONMENT FACILITY For payment to the International Bank for Reconstruction and Development as trustee for the Global Environment Facility by the Secretary of the Treasury, $149,288,000, to remain available until expended. CONTRIBUTION TO THE GREEN CLIMATE FUND For payment to the International Bank for Reconstruction and Development as trustee for the Green Climate Fund by the Secretary of the Treasury, $1,450,000,000, to remain available until expended: Provided CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND For contribution to the Clean Technology Fund, $450,000,000, to remain available until expended: Provided Provided further CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury for the United States share of the paid-in portion of the increases in capital stock, $206,500,000, to remain available until expended. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $1,421,275,728.70. CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION For payment to the International Development Association by the Secretary of the Treasury, $1,001,400,000, to remain available until expended. CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND For payment to the Asian Development Bank's Asian Development Fund by the Secretary of the Treasury, $53,323,000, to remain available until expended. CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK For payment to the African Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of the increases in capital stock, $54,648,752, to remain available until expended. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the African Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $856,174,624. CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND For payment to the African Development Fund by the Secretary of the Treasury, $211,300,000, to remain available until expended. CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT For payment to the International Fund for Agricultural Development by the Secretary of the Treasury, $43,000,000, to remain available until expended. GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM For payment to the Global Agriculture and Food Security Program by the Secretary of the Treasury, $10,000,000, to remain available until expended. CONTRIBUTIONS TO THE INTERNATIONAL MONETARY FUND FACILITIES AND TRUST FUNDS For contribution by the Secretary of the Treasury to the Poverty Reduction and Growth Trust or other special purpose vehicle of the International Monetary Fund, $102,000,000, to remain available until December 31, 2031. VI EXPORT AND INVESTMENT ASSISTANCE Export-import bank of the united states INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $6,500,000, of which up to $975,000 may remain available until September 30, 2023. PROGRAM ACCOUNT The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided ADMINISTRATIVE EXPENSES For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $30,000 for official reception and representation expenses for members of the Board of Directors, not to exceed $114,000,000, of which up to $17,100,000 may remain available until September 30, 2023: Provided Provided further Provided further Provided further PROGRAM BUDGET APPROPRIATIONS For the cost of direct loans, loan guarantees, insurance, and tied-aid grants as authorized by section 10 of the Export-Import Bank Act of 1945, as amended, not to exceed $5,000,000, to remain available until September 30, 2025: Provided Provided further RECEIPTS COLLECTED Receipts collected pursuant to the Export-Import Bank Act of 1945 ( Public Law 79–173 Provided United states international development finance corporation INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $2,800,000, to remain available until September 30, 2023. CORPORATE CAPITAL ACCOUNT The United States International Development Finance Corporation (the Corporation) is authorized to make such expenditures and commitments within the limits of funds and borrowing authority available to the Corporation, and in accordance with the law, and to make such expenditures and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs for the current fiscal year for the Corporation: Provided Public Law 115–254 Provided further (1) $198,000,000 shall remain available until September 30, 2024, for administrative expenses to carry out authorized activities (including an amount for official reception and representation expenses which shall not exceed $25,000) and project-specific transaction costs as described in section 1434(k) of such Act, of which $1,000,000 shall remain available until September 30, 2026; (2) $500,000,000 shall remain available until September 30, 2024, for the activities described in subsections (b), (c), (e), (f), and (g) of section 1421 of the BUILD Act of 2018, except such amounts obligated in a fiscal year for activities described in section 1421(c) of such Act shall remain available for disbursement for the term of the underlying project: Provided further United States International Development Finance Corporation—Program Account Provided further Provided further Provided further Provided further Provided further Provided further PROGRAM ACCOUNT Amounts paid from United States International Development Finance Corporation—Corporate Capital Account Provided Public Law 115–254 Provided further Provided further Provided further Provided further TRADE AND DEVELOPMENT AGENCY For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $79,500,000, to remain available until September 30, 2023, of which no more than $19,000,000 may be used for administrative expenses: Provided VII GENERAL PROVISIONS ALLOWANCES AND DIFFERENTIALS 7001. Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by sub chapter 59 UNOBLIGATED BALANCES REPORT 7002. Any department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances and obligated, but unexpended, balances by program, project, and activity, and Treasury Account Fund Symbol of all funds received by such department or agency in fiscal year 2022 or any previous fiscal year, disaggregated by fiscal year: Provided CONSULTING SERVICES 7003. The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. DIPLOMATIC FACILITIES 7004. (a) Capital security cost sharing exception Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106–113 Public Law 114–323 (b) New diplomatic facilities For the purposes of calculating the fiscal year 2022 costs of providing new United States diplomatic facilities in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 (c) Consultation and notification Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property or award of construction contracts for overseas United States diplomatic facilities during fiscal year 2022, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided Embassy Security, Construction, and Maintenance (d) Interim and temporary facilities abroad (1) Security vulnerabilities Funds appropriated by this Act under the heading Embassy Security, Construction, and Maintenance (2) Consultation Notwithstanding any other provision of law, the opening, closure, or any significant modification to an interim or temporary United States diplomatic facility shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, except that such consultation and notification may be waived if there is a security risk to personnel. PERSONNEL ACTIONS 7005. Any costs incurred by a department or agency funded under title I of this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available under title I to such department or agency: Provided Provided further PROHIBITION ON PUBLICITY OR PROPAGANDA 7006. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before enactment of this Act by Congress: Provided Public Law 96–533 22 U.S.C. 2151a PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES 7007. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: Provided COUPS D’ÉTAT 7008. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'état or decree or, after the date of enactment of this Act, a coup d'état or decree in which the military plays a decisive role: Provided Provided further Provided further TRANSFER OF FUNDS AUTHORITY 7009. (a) Department of state and united states agency for global media (1) Department of state (A) In general Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers, and no such transfer may be made to increase the appropriation under the heading Representation Expenses (B) Embassy security Funds appropriated under the headings Diplomatic Programs Embassy Security, Construction, and Maintenance Emergencies in the Diplomatic and Consular Service Provided (2) United states agency for global media Not to exceed 5 percent of any appropriation made available for the current fiscal year for the United States Agency for Global Media under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. (3) Treatment as reprogramming Any transfer pursuant to this subsection shall be treated as a reprogramming of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. (b) Limitation on transfers of funds between agencies (1) In general None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. (2) Allocation and transfers Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961, and section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254 (3) Notification Any agreement entered into by the United States Agency for International Development or the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $1,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Global Health Programs Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia Provided (c) United states international development finance corporation (1) Limitation Amounts transferred pursuant to section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254 Provided Provided further Provided further Provided further (2) Transfer of funds from millennium challenge corporation Funds appropriated under the heading Millennium Challenge Corporation United States International Development Finance Corporation—Program Account United States International Development Finance Corporation—Program Account Provided Provided further Provided further Provided further (d) Transfer of funds between accounts None of the funds made available under titles II through V of this Act may be obligated under an appropriations account to which such funds were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations. (e) Audit of inter-Agency transfers of funds Any agreement for the transfer or allocation of funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs entered into between the Department of State or USAID and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961, or any comparable provision of law, shall expressly provide that the Inspector General (IG) for the agency receiving the transfer or allocation of such funds, or other entity with audit responsibility if the receiving agency does not have an IG, shall perform periodic program and financial audits of the use of such funds and report to the Department of State or USAID, as appropriate, upon completion of such audits: Provided Provided further PROHIBITION AND LIMITATION ON CERTAIN EXPENSES 7010. (a) Computer networks None of the funds made available by this Act for the operating expenses of any United States Government department or agency may be used to establish or maintain a computer network for use by such department or agency unless such network has filters designed to block access to sexually explicit websites: Provided (b) Prohibition on promotion of tobacco None of the funds made available by this Act shall be available to promote the sale or export of tobacco or tobacco products (including electronic nicotine delivery systems), or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products (including electronic nicotine delivery systems), except for restrictions which are not applied equally to all tobacco or tobacco products (including electronic nicotine delivery systems) of the same type. (c) Representation and entertainment expenses Each Federal department, agency, or entity funded in titles I or II of this Act, and the Department of the Treasury and independent agencies funded in titles III or VI of this Act, shall take steps to ensure that domestic and overseas representation and entertainment expenses further official agency business and United States foreign policy interests, and— (1) are primarily for fostering relations outside of the Executive Branch; (2) are principally for meals and events of a protocol nature; (3) are not for employee-only events; and (4) do not include activities that are substantially of a recreational character. (d) Limitations on entertainment expenses None of the funds appropriated or otherwise made available by this Act under the headings International Military Education and Training Foreign Military Financing Program Global Health Programs Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia (1) alcoholic beverages; or (2) entertainment expenses for activities that are substantially of a recreational character, including entrance fees at sporting events, theatrical and musical productions, and amusement parks. AVAILABILITY OF FUNDS 7011. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided by this Act: Provided 22 U.S.C. 2763 United States International Development Finance Corporation Assistance for Europe, Eurasia and Central Asia Provided further Provided further LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 7012. No part of any appropriation provided under titles III through VI in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act unless the President determines, following consultation with the Committees on Appropriations, that assistance for such country is in the national interest of the United States. PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE 7013. (a) Prohibition on taxation None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State and the Administrator of the United States Agency for International Development shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement. (b) Notification and reimbursement of foreign taxes An amount equivalent to 200 percent of the total taxes assessed during fiscal year 2022 on funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs by a foreign government or entity against United States assistance programs, either directly or through grantees, contractors, and subcontractors, shall be withheld from obligation from funds appropriated for assistance for fiscal year 2023 and for prior fiscal years and allocated for the central government of such country or for the West Bank and Gaza program, as applicable, if, not later than September 30, 2023, such taxes have not been reimbursed: Provided (c) De minimis exception Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b). (d) Reprogramming of funds Funds withheld from obligation for each foreign government or entity pursuant to subsection (b) shall be reprogrammed for assistance for countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes, and that can reasonably accommodate such assistance in a programmatically responsible manner. (e) Determinations (1) In general The provisions of this section shall not apply to any foreign government or entity that assesses such taxes if the Secretary of State reports to the Committees on Appropriations that— (A) such foreign government or entity has an effective arrangement that is providing substantial reimbursement of such taxes; or (B) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not subject to taxation. (2) Consultation The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any foreign government or entity. (f) Implementation The Secretary of State shall issue and update rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section. (g) Definitions As used in this section: (1) Bilateral agreement The term bilateral agreement (2) Taxes and taxation The term taxes and taxation RESERVATIONS OF FUNDS 7014. (a) Reprogramming Funds appropriated under titles III through VI of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by operation of any provision of this or any other Act: Provided Provided further (b) Extension of availability In addition to the authority contained in subsection (a), the original period of availability of funds appropriated by this Act and administered by the Department of State or the United States Agency for International Development that are specifically designated for particular programs or activities by this or any other Act may be extended for an additional fiscal year if the Secretary of State or the USAID Administrator, as appropriate, determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided (c) Other acts Ceilings and specifically designated funding levels contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided NOTIFICATION REQUIREMENTS 7015. (a) Notification of changes in programs, projects, and activities None of the funds made available in titles I, II, and VI, and under the headings Peace Corps Millennium Challenge Corporation (1) create new programs; (2) suspend or eliminate a program, project, or activity; (3) close, suspend, open, or reopen a mission or post; (4) create, close, reorganize, downsize, or rename bureaus, centers, or offices; or (5) contract out or privatize any functions or activities presently performed by Federal employees; unless previously justified to the Committees on Appropriations or such Committees are notified 15 days in advance of such obligation. (b) Notification of reprogramming of funds None of the funds provided under titles I, II, and VI of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, to the departments and agencies funded under such titles that remain available for obligation in fiscal year 2022, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the department and agency funded under title I of this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less, that— (1) augments or changes existing programs, projects, or activities; (2) relocates an existing office or employees; (3) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (4) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. (c) Notification requirement None of the funds made available by this Act under the headings Global Health Programs Development Assistance Economic Support Fund Democracy Fund Assistance for Europe, Eurasia and Central Asia Peace Corps Millennium Challenge Corporation International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs Peacekeeping Operations International Military Education and Training Foreign Military Financing Program International Organizations and Programs United States International Development Finance Corporation Trade and Development Agency Provided Provided further Provided further (d) Department of defense programs and funding notifications (1) Programs None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available to support or continue any program initially funded under any authority of title 10, United States Code, or any Act making or authorizing appropriations for the Department of Defense, unless the Secretary of State, in consultation with the Secretary of Defense and in accordance with the regular notification procedures of the Committees on Appropriations, submits a justification to such Committees that includes a description of, and the estimated costs associated with, the support or continuation of such program. (2) Funding Notwithstanding any other provision of law, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development for assistance for foreign countries and international organizations shall be subject to the regular notification procedures of the Committees on Appropriations. (3) Notification on excess defense articles Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as other committees pursuant to subsection (f) of that section: Provided Provided further (e) Waiver The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided Provided further (f) Country notification requirements None of the funds appropriated under titles III through VI of this Act may be obligated or expended for assistance for Afghanistan, Bahrain, Bangladesh, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia, Greenland, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan, Philippines, the Russian Federation, Rwanda, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tunisia, Uganda, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations. (g) Trust funds Funds appropriated or otherwise made available in title III of this Act and prior Acts making funds available for the Department of State, foreign operations, and related programs that are made available for a trust fund held by an international financial institution shall be subject to the regular notification procedures of the Committees on Appropriations, and such notification shall include the information specified under the heading Notification Requirements (h) Other program notification requirement (1) Diplomatic programs Funds appropriated under title I of this Act under the heading Diplomatic Programs (2) Other programs Funds appropriated by this Act that are made available for the following programs and activities shall be subject to the regular notification procedures of the Committees on Appropriations: (A) the Global Engagement Center; (B) the Power Africa and Prosper Africa initiatives; (C) community-based police assistance conducted pursuant to the authority of section 7035(a)(1) of this Act; (D) the Prevention and Stabilization Fund and the Multi-Donor Global Fragility Fund; (E) the Indo-Pacific Strategy; (F) the Countering PRC Influence Fund and the Countering Russian Influence Fund; and (G) the Gender Equity and Equality Action Fund. (3) Democracy program policy and procedures Modifications to democracy program policy and procedures, including relating to the use of consortia, by the Department of State and USAID shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (4) Arms sales The reports, notifications, and certifications, and any other documents, required to be submitted pursuant to section 36(a) of the Arms Export Control Act ( 22 U.S.C. 2776 (i) Withholding of funds Funds appropriated by this Act under titles III and IV that are withheld from obligation or otherwise not programmed as a result of application of a provision of law in this or any other Act shall, if reprogrammed, be subject to the regular notification procedures of the Committees on Appropriations. (j) Prior consultation requirement The Secretary of State, the Administrator of the United States Agency for International Development, the Chief Executive Officer of the United States International Development Finance Corporation, and the Chief Executive Officer of the Millennium Challenge Corporation shall consult with the Committees on Appropriations at least 7 days prior to informing a government of, or publically announcing a decision on, the suspension or early termination of assistance to a country or a territory, including as a result of an interagency review of such assistance, from funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs: Provided DOCUMENT REQUESTS, RECORDS MANAGEMENT, AND RELATED CYBERSECURITY PROTECTIONS 7016. (a) Document requests None of the funds appropriated or made available pursuant to titles III through VI of this Act shall be available to a nongovernmental organization, including any contractor, which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the Department of State and the United States Agency for International Development. (b) Records management and related cybersecurity protections The Secretary of State and USAID Administrator shall— (1) regularly review and update the policies, directives, and oversight necessary to comply with Federal statutes, regulations, and presidential executive orders and memoranda concerning the preservation of all records made or received in the conduct of official business, including record emails, instant messaging, and other online tools; (2) use funds appropriated by this Act under the headings Diplomatic Programs Capital Investment Fund Operating Expenses Capital Investment Fund (3) direct departing employees, including senior officials, that all Federal records generated by such employees belong to the Federal Government; (4) substantially reduce, compared to the previous fiscal year, the response time for identifying and retrieving Federal records, including requests made pursuant to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act (5) strengthen cybersecurity measures to mitigate vulnerabilities, including those resulting from the use of personal email accounts or servers outside the .gov domain, improve the process to identify and remove inactive user accounts, update and enforce guidance related to the control of national security information, and implement the recommendations of the applicable reports of the cognizant Office of Inspector General; and (6) not later than September 30, 2022, submit a report to the Committees on Appropriations describing actions taken under paragraphs (4) and (5) of this subsection. USE OF FUNDS IN CONTRAVENTION OF THIS ACT 7017. If the President makes a determination not to comply with any provision of this Act on constitutional grounds, the head of the relevant Federal agency shall notify the Committees on Appropriations in writing within 5 days of such determination, the basis for such determination and any resulting changes to program or policy. PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION 7018. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. ALLOCATIONS AND REPORTS 7019. (a) Allocation tables Subject to subsection (b), funds appropriated by this Act under titles III through V shall be made available in the amounts specifically designated in the respective tables included in the explanatory statement accompanying this Act: Provided (b) Authorized deviations Unless otherwise provided for by this Act, the Secretary of State and the Administrator of the United States Agency for International Development, as applicable, may only deviate up to 10 percent from the amounts specifically designated in the respective tables included in the explanatory statement accompanying this Act: Provided Provided further (c) Limitation For specifically designated amounts that are included, pursuant to subsection (a), in the report required by section 653(a) of the Foreign Assistance Act of 1961, deviations authorized by subsection (b) may only take place after submission of such report. (d) Exceptions Subsections (a) and (b) shall not apply to— (1) amounts designated for International Military Education and Training (2) funds for which the initial period of availability has expired; and (3) amounts designated by this Act as minimum funding requirements. (e) Reports The Secretary of State, USAID Administrator, and other designated officials, as appropriate, shall submit the reports required, in the manner described, in the explanatory statement accompanying this Act. (f) Clarification Funds appropriated by this Act under the headings International Disaster Assistance Migration and Refugee Assistance MULTI-YEAR PLEDGES 7020. None of the funds appropriated or otherwise made available by this Act may be used to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this Act unless such pledge was: (1) previously justified, including the projected future year costs, in a congressional budget justification; (2) included in an Act making appropriations for the Department of State, foreign operations, and related programs or previously authorized by an Act of Congress; (3) notified in accordance with the regular notification procedures of the Committees on Appropriations, including the projected future year costs; or (4) the subject of prior consultation with the Committees on Appropriations. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING INTERNATIONAL TERRORISM 7021. (a) Lethal military equipment exports (1) Prohibition None of the funds appropriated or otherwise made available under titles III through VI of this Act may be made available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism for purposes of section 1754(c) of the Export Reform Control Act of 2018 ( 50 U.S.C. 4813(c) Provided Provided further (2) Determination Assistance restricted by paragraph (1) or any other similar provision of law, may be furnished if the President determines that to do so is important to the national interest of the United States. (3) Report Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers the United States national interest. (b) Bilateral assistance (1) Limitations Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated under any such title in prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall not be made available to any foreign government which the President determines— (A) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; (B) otherwise supports international terrorism; or (C) is controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (2) Waiver The President may waive the application of paragraph (1) to a government if the President determines that national security or humanitarian reasons justify such waiver: Provided AUTHORIZATION REQUIREMENTS 7022. Funds appropriated by this Act, except funds appropriated under the heading Trade and Development Agency Public Law 91–672 22 U.S.C. 2412 22 U.S.C. 2680 22 U.S.C. 6212 50 U.S.C. 3094(a)(1) DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 7023. For the purpose of titles II through VI of this Act program, project, and activity Economic Support Fund Assistance for Europe, Eurasia and Central Asia Foreign Military Financing Program program, project, and activity program, project, and activity (1) justified to Congress; or (2) allocated by the Executive Branch in accordance with the report required by section 653(a) of the Foreign Assistance Act of 1961 or as modified pursuant to section 7019 of this Act. AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION, AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION 7024. Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for the Department of State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act: Provided COMMERCE, TRADE AND SURPLUS COMMODITIES 7025. (a) World markets None of the funds appropriated or made available pursuant to titles III through VI of this Act for direct assistance and none of the funds otherwise made available to the Export-Import Bank and the United States International Development Finance Corporation shall be obligated or expended to finance any loan, any assistance, or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided Provided further (1) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (b) Exports None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided (1) activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States; (2) research activities intended primarily to benefit United States producers; (3) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (c) International financial institutions The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institution, using funds appropriated or otherwise made available by this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity. SEPARATE ACCOUNTS 7026. (a) Separate accounts for local currencies (1) Agreements If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development shall— (A) require that local currencies be deposited in a separate account established by that government; (B) enter into an agreement with that government which sets forth— (i) the amount of the local currencies to be generated; and (ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and (C) establish by agreement with that government the responsibilities of USAID and that government to monitor and account for deposits into and disbursements from the separate account. (2) Uses of local currencies As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only— (A) to carry out chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), for such purposes as— (i) project and sector assistance activities; or (ii) debt and deficit financing; or (B) for the administrative requirements of the United States Government. (3) Programming accountability USAID shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2). (4) Termination of assistance programs Upon termination of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government. (b) Separate accounts for cash transfers (1) In general If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle with any other funds. (2) Applicability of other provisions of law Such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance, including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159). (3) Notification At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by such assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance). (4) Exemption Nonproject sector assistance funds may be exempt from the requirements of paragraph (1) only through the regular notification procedures of the Committees on Appropriations. ELIGIBILITY FOR ASSISTANCE 7027. (a) Assistance through nongovernmental organizations Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 and from funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia Provided Provided further (b) Public law 480 During fiscal year 2022, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Food for Peace Act ( Public Law 83–480 7 U.S.C. 1721 et seq. Provided (c) Exception This section shall not apply— (1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or (2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights. DISABILITY PROGRAMS 7028. (a) Assistance Of the funds appropriated by this Act under the heading Development Assistance Provided Provided further (b) Management, oversight, and technical support Of the funds made available pursuant to this section, 5 percent may be used by USAID for management, oversight, and technical support. INTERNATIONAL FINANCIAL INSTITUTIONS 7029. (a) Evaluations and report The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to encourage such institution to adopt and implement a publicly available policy, including the strategic use of peer reviews and external experts, to conduct independent, in-depth evaluations of the effectiveness of at least 35 percent of all loans, grants, programs, and significant analytical non-lending activities in advancing the institution’s goals of reducing poverty and promoting equitable economic growth, consistent with relevant safeguards, to ensure that decisions to support such loans, grants, programs, and activities are based on accurate data and objective analysis: Provided (b) Safeguards (1) Standard The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the International Development Association to use the voice and vote of the United States to oppose any loan, grant, policy, or strategy if such institution has adopted and is implementing any social or environmental safeguard relevant to such loan, grant, policy, or strategy that provides less protection than World Bank safeguards in effect on September 30, 2015. (2) Accountability, standards, and best practices The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose loans or other financing for projects unless such projects— (A) provide for accountability and transparency, including the collection, verification, and publication of beneficial ownership information related to extractive industries and on-site monitoring during the life of the project; (B) will be developed and carried out in accordance with best practices regarding environmental conservation, cultural protection, and empowerment of local populations, including free, prior and informed consent of affected Indigenous communities; (C) do not provide incentives for, or facilitate, forced displacement or other violations of human rights; and (D) do not partner with or otherwise involve enterprises owned or controlled by the armed forces. (c) Compensation None of the funds appropriated under title V of this Act may be made as payment to any international financial institution while the United States executive director to such institution is compensated by the institution at a rate which, together with whatever compensation such executive director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Governance The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to— (1) oppose loans, grants, credits, guarantees, and other financing, except to address basic human needs, to a country if the Secretary has credible information that the government of such country is not making consistent progress in reducing corruption including— (A) bringing to justice public officials who have engaged in significant acts of corruption; (B) supporting judicial independence, including the transparent selection of judges; and (C) protecting the ability of civil society organizations to advocate for anti-corruption laws and policies without interference. (2) include in loan, grant, credit, guarantee, and other financing agreements benchmarks for improvements in borrowing countries’ financial management and judicial capacity to investigate, prosecute, and punish fraud and corruption; and (3) promote human rights due diligence and risk management, as appropriate, in connection with any loan, grant, policy, or strategy of such institution as specified under this subsection in the explanatory statement accompanying this Act: Provided (e) Beneficial ownership information The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to encourage such institution to collect, verify, and publish, to the maximum extent practicable, beneficial ownership information (excluding proprietary information) for any corporation or limited liability company, other than a publicly listed company, that receives funds from any such financial institution: Provided (f) Whistleblower protections The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to encourage each such institution to effectively implement and enforce policies and procedures which meet or exceed best practices in the United States for the protection of whistleblowers from retaliation, including— (1) protection against retaliation for internal and lawful public disclosure; (2) legal burdens of proof; (3) statutes of limitation for reporting retaliation; (4) access to binding independent adjudicative bodies, including shared cost and selection external arbitration; and (5) results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment. (g) Grievance mechanisms and procedures The Secretary of the Treasury or the Secretary of State, as appropriate, shall instruct the United States executive director of, or representative to, each international financial institution, each United Nations agency, and the Organization of American States to use the voice and vote of the United States to support the establishment or enhancement of independent investigative and adjudicative mechanisms and procedures which meet or exceed best practices in the United States, to provide due process and fair compensation, including the right to reinstatement, for employees who are subjected to harassment, discrimination, retaliation, false allegations, or other misconduct. (h) Capital increases None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs should be made available to support a capital increase for an international financial institution until the President submits a budget request for such increase to the Congress and certifies and reports to the Committees on Appropriations that— (1) the institution has completed a thorough analysis of the development challenges facing the relevant geographical region, the role of the institution in addressing such challenges and its role relative to other financing partners, and the steps to be taken to enhance the efficiency and effectiveness of the institution; (2) governors of such institution representing countries holding a majority of shares of such institution have voted to support the capital increase; and (3) in order for a country to be eligible to receive a loan, grant, credit, guarantee, or other financing resulting from the capital increase, the government of the country is making consistent progress in reducing corruption including— (A) bringing to justice public officials who have engaged in significant acts of corruption; (B) supporting judicial independence, including the transparent selection of judges; and (C) protecting the ability of civil society organizations to advocate for anti-corruption laws and policies without interference. INSECURE COMMUNICATIONS NETWORKS 7030. Funds appropriated by this Act shall be made available for programs, including through the Digital Connectivity and Cybersecurity Partnership, to— (1) advance the adoption of secure, next-generation communications networks and services, including 5G, and cybersecurity policies, in countries receiving assistance under this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs; (2) counter the establishment of insecure communications networks and services, including 5G, promoted by the People’s Republic of China and other state-backed enterprises that are subject to undue or extrajudicial control by their country of origin; and (3) provide policy and technical training on deploying open, interoperable, reliable, and secure networks to information communication technology professionals in countries receiving assistance under this Act, as appropriate: Provided FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY 7031. (a) Limitation on direct government-to-Government assistance (1) Requirements Funds appropriated by this Act may be made available for direct government-to-government assistance only if the requirements included in section 7031(a)(1)(A) through (E) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 (2) Consultation and notification In addition to the requirements in paragraph (1), funds may only be made available for direct government-to-government assistance subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided Provided further (3) Suspension of assistance The Administrator of the United States Agency for International Development or the Secretary of State, as appropriate, shall suspend any direct government-to-government assistance if the Administrator or the Secretary has credible information of material misuse of such assistance, unless the Administrator or the Secretary reports to the Committees on Appropriations that it is in the national interest of the United States to continue such assistance, including a justification, or that such misuse has been appropriately addressed. (4) Submission of information The Secretary of State shall submit to the Committees on Appropriations, concurrent with the fiscal year 2023 congressional budget justification materials, amounts planned for assistance described in paragraph (1) by country, proposed funding amount, source of funds, and type of assistance. (5) Debt service payment prohibition None of the funds made available by this Act may be used by the government of any foreign country for debt service payments owed by any country to any international financial institution. (b) National budget and contract transparency (1) Report renamed The Fiscal Transparency Report required by section 7031(b)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 Fiscal Transparency and Anti-Corruption Report (2) Minimum requirements of fiscal transparency and reducing corruption The Secretary of State shall update and strengthen the minimum requirements of fiscal transparency Public Law 113–76 (3) Determination and report For each government identified pursuant to paragraph (2), the Secretary of State, not later than 180 days after enactment of this Act, shall make or update any determination of significant progress no significant progress Fiscal Transparency and Anti-Corruption Report Provided (4) Assistance Funds appropriated by this Act under the heading Economic Support Fund (c) Anti-Kleptocracy and human rights (1) Ineligibility (A) Current and former government officials, or persons acting for or on behalf of such an official, and their immediate family members, about whom the Secretary of State has credible information are responsible for or knowingly complicit in, directly or indirectly, significant acts of corruption, including corruption related to the extraction of natural resources, or a serious violation of human rights, including the unjust or wrongful detention of members of political parties, journalists, civil society leaders, locally employed staff of a United States diplomatic mission, or a United States citizen or national, shall be ineligible for entry into the United States. (B) Concurrent with the application of subparagraph (A), the Secretary should, as appropriate, request the Secretary of the Treasury, through the Office of Foreign Assets Control, to apply sanctions authorities in accordance with United States law to block the transfer of property and interests in property, and all financial transactions, in the United States involving any person described in subparagraph (A). (C) The Secretary shall also publicly or privately designate or identify the officials of foreign governments and their immediate family members about whom the Secretary has such credible information without regard to whether the individual has applied for a visa. (2) Exception Individuals shall not be ineligible for entry into the United States pursuant to paragraph (1) if such entry would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement: Provided (3) Waiver The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently. (4) Report Not later than 30 days after enactment of this Act, and every 90 days thereafter until September 30, 2022, the Secretary of State shall submit a report, including a classified annex if necessary, to the appropriate congressional committees and the Committees on the Judiciary describing the information related to corruption or violation of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A) as well as the individuals who the Secretary designated or identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any waivers provided under paragraph (3), and the justification for each waiver. (5) Posting of report Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State website. (6) Clarification For purposes of paragraphs (1), (4), and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential. (d) Extraction of natural resources (1) Assistance Funds appropriated by this Act shall be made available to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative, implementing and enforcing section 8204 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 (2) Public disclosure and independent audits (A) The Secretary of the Treasury shall instruct the executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institutions (including any loan, credit, grant, or guarantee) to any country for the extraction and export of a natural resource if the government of such country has in place laws, regulations, or procedures to prevent or limit the public disclosure of company payments as required by United States law, and unless such government has adopted laws, regulations, or procedures in the sector in which assistance is being considered that: (1) accurately account for and publicly disclose payments to the government by companies involved in the extraction and export of natural resources; (2) include independent auditing of accounts receiving such payments and the public disclosure of such audits; and (3) require public disclosure of agreement and bidding documents. (B) The requirements of subparagraph (A) shall not apply to assistance for the purpose of building the capacity of such government to meet the requirements of such subparagraph. (e) Foreign assistance website Funds appropriated by this Act under titles I and II, and funds made available for any independent agency in title III, as appropriate, shall be made available to support the provision of additional information on United States Government foreign assistance on the ForeignAssistance.gov Provided DEMOCRACY PROGRAMS 7032. (a) Funding (1) In general Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund Democracy Fund Assistance for Europe, Eurasia and Central Asia International Narcotics Control and Law Enforcement (2) Programs Of the funds made available for democracy programs under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia (b) Authorities (1) Availability Funds made available by this Act for democracy programs pursuant to subsection (a) and under the heading National Endowment for Democracy (2) Beneficiaries Funds made available by this Act for the NED are made available pursuant to the authority of the National Endowment for Democracy Act (title V of Public Law 98–164 (c) Definition of democracy programs For purposes of funds appropriated by this Act, the term democracy programs (d) Restriction on prior approval and disclosure of names With respect to the provision of assistance for democracy programs in this Act, the organizations implementing such assistance, the specific nature of that assistance, and the participants in such programs shall not be subject to the prior approval by the government of any foreign country: Provided Provided further (e) Digital security and countering disinformation (1) Democracy programs supported with funds appropriated by this Act under subsection (a)(1) should include, as appropriate— (A) a component on digital security to enhance the safety of implementers and beneficiaries; (B) assistance for civil society organizations to counter government surveillance, censorship, and repression by digital means; (C) efforts to combat weaponized technology, including the misuse of social media to spread disinformation or incite hate; and (D) measures to prevent the digital manipulation of elections, electoral data, and critical infrastructure. (2) Such programs should incorporate activities, as appropriate, to counter disinformation propagated by malign actors, including the People’s Republic of China and the Russian Federation. (f) Informing the national endowment for democracy The Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance, USAID, shall regularly inform the NED of democracy programs that are planned and supported with funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs. (g) Protection of civil society activists and journalists, independence of the media, and freedom of expression (1) Operations Funds appropriated by this Act under the heading Diplomatic Programs Operating Expenses (2) Assistance Of the funds appropriated by this Act under the headings Development Assistance Democracy Fund Economic Support Fund Assistance for Europe, Eurasia and Central Asia Update of the Action Plan for Protection of Civil Society Activists and Journalists Public Law 116–260 Provided INTERNATIONAL RELIGIOUS FREEDOM 7033. (a) International religious freedom office Funds appropriated by this Act under the heading Diplomatic Programs (b) Assistance Funds appropriated by this Act under the headings Economic Support Fund Democracy Fund International Broadcasting Operations Provided Economic Support Fund Democracy Fund (c) Authority Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Economic Support Fund (d) Designation of non-State actors Section 7033(e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 SPECIAL PROVISIONS 7034. (a) Victims of war, displaced children, and displaced burmese Funds appropriated in title III of this Act that are made available for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking, may be made available notwithstanding any other provision of law. (b) Forensic assistance (1) Of the funds appropriated by this Act under the heading Economic Support Fund Provided (2) Funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement (c) Atrocities prevention Of the funds appropriated by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement Provided Provided further (d) World food programme Funds managed by the Bureau for Humanitarian Assistance, United States Agency for International Development, from this or any other Act, may be made available as a general contribution to the World Food Programme, notwithstanding any other provision of law. (e) Directives and authorities (1) Research and training Funds appropriated by this Act under the heading Assistance for Europe, Eurasia and Central Asia 22 U.S.C. 4501 et seq. (2) Genocide victims memorial sites Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia (3) Private sector partnerships Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund Provided (4) Additional authorities Of the amounts made available by title I of this Act under the heading Diplomatic Programs 22 U.S.C. 2656d (5) Innovation The USAID Administrator may use funds appropriated by this Act under title III to make innovation incentive awards in accordance with the terms and conditions of section 7034(e)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 Provided Provided further (6) Development innovation ventures Funds appropriated by this Act under the heading Development Assistance (7) Exchange visitor program None of the funds made available by this Act may be used to modify the Exchange Visitor Program administered by the Department of State to implement the Mutual Educational and Cultural Exchange Act of 1961 ( Public Law 87–256 22 U.S.C. 2451 et seq. 5 U.S.C. 551 et seq. Provided Provided further (8) Export-import bank (A) Section 6(a)(3) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635e(a)(3) 4 percent 2 percent (B) Section 8(g) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635g(g) 4 percent 2 percent (f) Partner vetting Prior to initiating a partner vetting program, or making a significant change to the scope of an existing partner vetting program, the Secretary of State and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations: Provided Provided further (g) Contingencies During fiscal year 2022, the President may use up to $125,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law. (h) International child abductions The Secretary of State should withhold funds appropriated under title III of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: Provided (i) Transfer of funds for extraordinary protection The Secretary of State may transfer to, and merge with, funds under the heading Protection of Foreign Missions and Officials Diplomatic Programs Provided (j) Authority Funds made available by this Act under the heading Economic Support Fund Provided (k) Protections and remedies for employees of diplomatic missions and international organizations The terms and conditions of section 7034(k) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94 (l) Extension of authorities (1) Passport fees Section 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) September 30, 2022 September 30, 2010 (2) Incentives for critical posts The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 (3) USAID civil service annuitant waiver Section 625(j)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1) September 30, 2022 October 1, 2010 (4) Overseas pay comparability and limitation (A) Subject to the limitation described in subparagraph (B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 (B) The authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 (5) Categorical eligibility The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 (A) in section 599D ( 8 U.S.C. 1157 (i) in subsection (b)(3), by striking and 2021 2021, and 2022 (ii) in subsection (e), by striking 2021 2022 (B) in section 599E(b)(2) ( 8 U.S.C. 1255 2021 2022 (6) Inspector general annuitant waiver The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 (7) Special inspector general for afghanistan reconstruction competitive status Notwithstanding any other provision of law, any employee of the Special Inspector General for Afghanistan Reconstruction (SIGAR) who completes at least 12 months of continuous service after enactment of this Act or who is employed on the date on which SIGAR terminates, whichever occurs first, shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications. (8) Transfer of balances Section 7081(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 (9) Department of state inspector general waiver authority The Inspector General of the Department of State may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 (m) Monitoring and evaluation (1) Beneficiary feedback Funds appropriated by this Act that are made available for monitoring and evaluation of assistance under the headings Development Assistance Economic Support Fund International Disaster Assistance Migration and Refugee Assistance Provided Provided further (2) Ex-Post evaluations Of the funds appropriated by this Act under titles III and IV, not less than $10,000,000 shall be made available for ex-post evaluations of the effectiveness and sustainability of United States Government-funded assistance programs: Provided (n) Loans, consultation, and notification (1) Loan guarantees Funds appropriated under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia Provided (2) Consultation and notification Funds made available pursuant to the authorities of this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (o) Local works (1) Funding Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund Public Law 113–235 (2) Eligible entities For the purposes of section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 eligible entities Provided (p) Extension of procurement authority Section 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 (q) Section 889 For the purposes of obligations and expenditures made with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, and funds appropriated under section 10003 of the American Rescue Plan Act, the waiver authority in section 889(d)(2) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 (r) Protective services The terms and conditions of section 7070 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 (s) Definitions (1) Appropriate congressional committees Unless otherwise defined in this Act, for purposes of this Act the term appropriate congressional committees (2) Funds appropriated by this act and prior acts Unless otherwise defined in this Act, for purposes of this Act the term funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs (3) International financial institutions In this Act international financial institutions (4) Spend plan In this Act, the term spend plan (A) realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals; (B) amounts and sources of funds by account; (C) how such funds will complement other ongoing or planned programs; and (D) implementing partners, to the maximum extent practicable. (5) Successor operating unit Any reference to a particular USAID operating unit or office in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be deemed to include any successor operating unit or office performing the same or similar functions. (6) USAID In this Act, the term USAID LAW ENFORCEMENT AND SECURITY 7035. (a) Assistance (1) Community-based police assistance Funds made available under titles III and IV of this Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve. (2) Counterterrorism partnerships fund Funds appropriated by this Act under the heading Nonproliferation, Anti-terrorism, Demining and Related Programs Provided Provided further Provided further (3) Combat casualty care (A) Consistent with the objectives of the Foreign Assistance Act of 1961 and the Arms Export Control Act, 1 percent of the funds appropriated by this Act under the headings Peacekeeping Operations Foreign Military Financing Program (B) The Secretary of State shall offer combat casualty care training and equipment as a component of any package of lethal assistance funded by this Act with funds appropriated under the headings Peacekeeping Operations Foreign Military Financing Program Provided Provided further (4) Training related to international humanitarian law The Secretary of State shall offer training related to the requirements of international humanitarian law as a component of any package of lethal assistance funded by this Act with funds appropriated under the headings Peacekeeping Operations Foreign Military Financing Program Provided Provided further (5) Security force professionalization Unobligated balances from funds appropriated by prior Acts making appropriations for the Department of State, foreign operations, and related programs, except for funds designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, under the headings International Narcotics Control and Law Enforcement Peacekeeping Operations Provided (6) International prison conditions Funds appropriated by this Act under the headings Development Assistance Economic Support Fund International Narcotics Control and Law Enforcement International Narcotics Control and Law Enforcement Provided Provided further (b) Authorities (1) Reconstituting civilian police authority In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability. (2) Disarmament, demobilization, and reintegration Section 7034(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 (3) Extension of war reserves stockpile authority Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 of this section of this section after September 30, 2025. (4) Commercial leasing of defense articles Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act ( 22 U.S.C. 2763 (5) Special defense acquisition fund Not to exceed $900,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act ( 22 U.S.C. 2795(c)(2) Provided (6) Duty to inform and public disclosure Section 620M of the Foreign Assistance Act of 1961 (Limitation on Assistance to Security Forces) is amended as follows— (A) In subsection (b), by striking Committee on Foreign Relations Appropriations appropriate congressional committees (B) In subsection (c), by striking everything after Duty to Inform.— (1) If assistance to a foreign security force is provided in a manner in which the recipient unit or units cannot be identified prior to the transfer of assistance, the Secretary of State shall regularly provide a list of units prohibited from receiving assistance pursuant to this section to the recipient government and the appropriate congressional committees and, effective September 30, 2022, such assistance shall only be made available subject to a written agreement that the recipient government will comply with such prohibition. (2) In the event that assistance is withheld from any unit pursuant to this section, the Secretary of State shall promptly inform the foreign government and the appropriate congressional committees of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the unit to justice. . (C) After subsection (d), by inserting the following new subsection: (e) Definitions (1) For the purposes of subsection (d)(7), the term to the maximum extent practicable (2) For the purposes of this section, appropriate congressional committees . (7) Oversight and accountability (A) Prior to the signing of a new Letter of Offer and Acceptance (LOA) involving funds appropriated under the heading Foreign Military Financing Program 22 U.S.C. 2754 (B) The Secretary of State shall promptly inform the appropriate congressional committees of any instance in which the Secretary of State has credible information that such assistance was used in a manner contrary to such agreement. (C) None of the funds appropriated by this Act may be used to issue licenses, or assist another Federal agency in issuing licenses, for the sale or export of firearms or ammunition to a government security force in Mexico or Central America unless the Secretary of State determines and reports to the appropriate congressional committees that such government— (i) is implementing end use agreements, including providing end user certificates, to prevent the transfer of such firearms or ammunition to individuals or units implicated in serious crimes or not authorized in such agreements or certificates to receive such items; and (ii) will maintain a record of the users of such firearms and ammunition for the purpose of regular audits. (c) Limitations (1) Child soldiers Funds appropriated by this Act should not be used to support any military training or operations that include child soldiers. (2) Landmines and cluster munitions (A) Landmines Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the Secretary of State may prescribe. (B) Cluster munitions No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— (i) the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments, and the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; or (ii) such assistance, license, sale, or transfer is for the purpose of demilitarizing or permanently disposing of such cluster munitions. (3) Congressional budget justifications Of the funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act and made available for obligation for expenses incurred by the Department of Defense, Defense Security Cooperation Agency (DSCA) during fiscal year 2022 pursuant to section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b) Foreign Military Financing Program (4) Crowd control items Funds appropriated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for a unit of a foreign security force if the Secretary of State has credible information that such unit uses excessive force to repress peaceful expression or assembly concerning corruption, harm to the environment, or the fairness of electoral processes, or in countries that the Secretary determines are undemocratic or undergoing democratic transition. (d) Reports (1) Security assistance report Not later than 120 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2021, by country and purpose of assistance, under the headings Peacekeeping Operations International Military Education and Training Foreign Military Financing Program (2) Annual foreign military training report For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State 22 U.S.C. 2321k(b) Provided ARAB LEAGUE BOYCOTT OF ISRAEL 7036. It is the sense of the Congress that— (1) the Arab League boycott of Israel remains a symbolic impediment to trade and investment in the Middle East and should be terminated forthwith; (2) Arab states and Israel have made important progress through peace treaties and the Abraham Accords, opening a path toward a more peaceful Middle East; (3) all Arab League states should join Egypt, Jordan, the United Arab Emirates, Bahrain, Morocco, and Sudan in establishing and normalizing relations with Israel; (4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel; and (5) the President should support broadening and deepening participation in the Abraham Accords, and report annually to the appropriate congressional committees on the United States Government’s strategy and steps being taken by the United States to encourage additional Arab League and other Muslim-majority states to normalize relations with Israel. PALESTINIAN STATEHOOD 7037. (a) Limitation on assistance None of the funds appropriated under titles III through VI of this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that— (1) the governing entity of a new Palestinian state— (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; and (B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and (2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include— (A) termination of all claims or states of belligerency; (B) respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones; (C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through international waterways in the area; and (E) a framework for achieving a just settlement of the refugee problem. (b) Sense of congress It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) Waiver The President may waive subsection (a) if the President determines that it is important to the national security interest of the United States to do so. (d) Exemption The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act ( Limitation on Assistance for the Palestinian Authority PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION 7038. None of the funds appropriated or otherwise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation. ASSISTANCE FOR THE WEST BANK AND GAZA 7039. (a) Oversight For fiscal year 2022, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading Economic Support Fund (b) Vetting Prior to the obligation of funds appropriated by this Act under the heading Economic Support Fund Provided (c) Prohibition (1) Recognition of acts of terrorism None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for— (A) the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism; and (B) any educational institution located in the West Bank or Gaza that is named after an individual who the Secretary of State determines has committed an act of terrorism. (2) Security assistance and reporting requirement Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on— (A) the benchmarks that have been established for security assistance for the West Bank and Gaza and on the extent of Palestinian compliance with such benchmarks; and (B) the steps being taken by the Palestinian Authority to end torture and other cruel, inhuman, and degrading treatment of detainees, including by bringing to justice members of Palestinian security forces who commit such crimes. (d) Oversight by the united states agency for international development (1) The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section. (2) Of the funds appropriated by this Act, up to $1,300,000 may be used by the Office of Inspector General of the United States Agency for International Development for audits, investigations, and other activities in furtherance of the requirements of this subsection. (e) Comptroller general of the united states audit Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2022 under the heading Economic Support Fund (1) the extent to which such Program complies with the requirements of subsections (b) and (c); and (2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures. (f) Notification procedures Funds made available in this Act for the West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations. LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY 7040. (a) Prohibition of funds None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority. (b) Waiver The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that waiving such prohibition is important to the national security interest of the United States. (c) Period of application of waiver Any waiver pursuant to subsection (b) shall be effective for not more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (d) Report Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the Committees on Appropriations detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed: Provided (e) Certification If the President exercises the waiver authority under subsection (b), the Secretary of State shall certify and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll, and the Palestinian Authority is acting to counter incitement of violence against Israelis and is supporting activities aimed at promoting peace, coexistence, and security cooperation with Israel. (f) Prohibition to hamas and the palestine liberation organization (1) None of the funds appropriated in titles III through VI of this Act may be obligated for salaries of personnel of the Palestinian Authority located in Gaza or may be obligated or expended for assistance to Hamas or any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member, or that results from an agreement with Hamas and over which Hamas exercises undue influence. (2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only if the President certifies and reports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended. (3) The President may exercise the authority in section 620K(e) of the Foreign Assistance Act of 1961, as added by the Palestinian Anti-Terrorism Act of 2006 ( Public Law 109–446 (4) Whenever the certification pursuant to paragraph (2) is exercised, the Secretary of State shall submit a report to the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended: Provided (5) None of the funds appropriated under titles III through VI of this Act may be obligated for assistance for the Palestine Liberation Organization. MIDDLE EAST AND NORTH AFRICA 7041. (a) Egypt (1) Certification and report Funds appropriated by this Act that are available for assistance for Egypt may be made available notwithstanding any other provision of law restricting assistance for Egypt, except for this subsection and sections 502B and 620M of the Foreign Assistance Act of 1961, and may only be made available for assistance for the Government of Egypt if the Secretary of State certifies and reports to the Committees on Appropriations that such government is— (A) sustaining the strategic relationship with the United States; and (B) meeting its obligations under the 1979 Egypt-Israel Peace Treaty. (2) Economic support fund Of the funds appropriated by this Act under the heading Economic Support Fund Provided Provided further (3) Foreign military financing program (A) Certification Of the funds appropriated by this Act under the heading Foreign Military Financing Program Provided Provided further (i) strengthening the rule of law, democratic institutions, and human rights in Egypt, including protecting religious minorities and the rights of women, which are in addition to steps taken during the previous calendar year for such purposes; (ii) implementing reforms that protect freedom of expression, association, and assembly, including the ability of civil society organizations, human rights defenders, and the media to function without interference; (iii) holding Egyptian security forces accountable, including officers credibly alleged to have violated human rights; (iv) investigating and prosecuting cases of torture, extrajudicial killings, and forced disappearances; and (v) providing regular access for United States officials to monitor such assistance in the North Sinai and other areas where the assistance is used. (B) Waiver The Secretary of State may waive the certification requirement with respect to the withholding of funds in subparagraph (A), in whole or in part, if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national security interest of the United States, and submits a report to such Committees containing a detailed justification for the use of such waiver and the reasons why any of the requirements of subparagraph (A) cannot be met: Provided (C) In addition to the funds withheld pursuant to subparagraph (A)— (i) $75,000,000 of the funds made available pursuant to this paragraph shall be withheld from obligation until the Secretary of State determines and reports to the Committees on Appropriations that the Government of Egypt is making consistent progress in ending arbitrary detention and the mistreatment of prisoners, and releasing political prisoners, and is not engaging in a pattern of intimidation or harassment as referenced in 22 U.S.C. 2756 (ii) the Secretary of State shall take the necessary steps to ensure that the Government of Egypt provides for timely and fair compensation for injuries and losses suffered by American citizens as a result of actions by the Egyptian military. (b) Iran (1) Funding Funds appropriated by this Act under the headings Diplomatic Programs Economic Support Fund Nonproliferation, Anti-terrorism, Demining and Related Programs (2) Reports (A) Semi-annual report The Secretary of State shall submit to the Committees on Appropriations the semi-annual report required by section 135(d)(4) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2160e(d)(4) Public Law 114–17 (B) Sanctions report Not later than 180 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on— (i) the status of United States bilateral sanctions on Iran; (ii) the reimposition and renewed enforcement of secondary sanctions; and (iii) the impact such sanctions have had on Iran’s destabilizing activities throughout the Middle East. (c) Iraq (1) Purposes Funds appropriated under titles III and IV of this Act shall be made available for assistance for Iraq for— (A) bilateral economic assistance and international security assistance, including in the Kurdistan Region of Iraq; (B) stabilization assistance, including in Anbar Province; (C) programs to support government transparency and accountability, judicial independence, protect the right of due process, and combat corruption; (D) humanitarian assistance, including in the Kurdistan Region of Iraq; and (E) programs to protect and assist religious and ethnic minority populations in Iraq. (2) Limitations The Secretary of State shall ensure that funds appropriated under title IV of this Act that are made available for assistance for Iraqi security forces are monitored in accordance with sections 502B and 620M of the Foreign Assistance Act of 1961. (d) Israel (1) Of the funds appropriated by this Act under the heading Foreign Military Financing Program Provided (2) Of the funds appropriated by this Act under the heading Migration and Refugee Assistance (e) Jordan Of the funds appropriated by this Act under titles III and IV, not less than $1,250,000,000 shall be made available for assistance for Jordan: Provided Economic Support Fund (f) Lebanon (1) Assistance Funds appropriated under titles III and IV of this Act shall be made available for assistance for Lebanon: Provided Economic Support Fund Public Law 107–228 22 U.S.C. 2346 (2) Security assistance (A) Funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement Foreign Military Financing Program (B) Funds appropriated by this Act under the heading Foreign Military Financing Program (i) professionalize the LAF to mitigate internal and external threats from non-state actors, including Hizballah; (ii) strengthen border security and combat terrorism, including training and equipping the LAF to secure the borders of Lebanon and address security and stability requirements in areas affected by conflict in Syria, interdicting arms shipments, and preventing the use of Lebanon as a safe haven for terrorist groups; and (iii) implement United Nations Security Council Resolution 1701: Provided Provided further (3) Limitation None of the funds appropriated by this Act may be made available for the ISF or the LAF if the ISF or the LAF is controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (g) Libya Funds appropriated under titles III and IV of this Act shall be made available for stabilization assistance for Libya, including support for a United Nations-facilitated political process and border security: Provided Public Law 113–76 (h) Saudi arabia (1) Prohibition on assistance None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for the Government of Saudi Arabia. (2) Export-import bank None of the funds appropriated or otherwise made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs should be obligated or expended by the Export-Import Bank of the United States to guarantee, insure, or extend (or participate in the extension of) credit in connection with the export of nuclear technology, equipment, fuel, materials, or other nuclear technology-related goods or services to Saudi Arabia unless the Government of Saudi Arabia— (A) has in effect a nuclear cooperation agreement pursuant to section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 (B) has committed to renounce uranium enrichment and reprocessing on its territory under that agreement; and (C) has signed and implemented an Additional Protocol to its Comprehensive Safeguards Agreement with the International Atomic Energy Agency. (i) Syria (1) Non-lethal assistance Funds appropriated by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement Peacekeeping Operations (2) Limitations Funds made available pursuant to paragraph (1) of this subsection— (A) may not be made available for a project or activity that supports or otherwise legitimizes the Government of Iran, foreign terrorist organizations (as designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (B) may not be made available for activities that further the strategic objectives of the Government of the Russian Federation that the Secretary of State determines may threaten or undermine United States national security interests; and (C) should not be used in areas of Syria controlled by a government led by Bashar al-Assad or associated forces. (3) Authority The President may exercise the authority of sections 552(c) and 610 of the Foreign Assistance Act of 1961 to provide assistance for Syria, notwithstanding any other provision of law and without regard to the percentage and dollar limitations in such sections. (4) Consultation and notification Funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees, and shall be subject to the regular notification procedures of the Committees on Appropriations. (j) Tunisia (1) Assistance Funds appropriated under titles III and IV of this Act should be made available for assistance for Tunisia to implement the reforms enumerated in section 7041(m)(1) through (4) of this Act. (2) Report Prior to the obligation of funds appropriated by this Act under the heading Foreign Military Financing Program (A) the Tunisian military has participated in or otherwise supported the democratic backsliding in Tunisia; (B) the Government of Tunisia is using or relying on the military to reinforce its autocratic actions; and (C) the government is taking credible steps to restore constitutional order and democratic governance, including respecting freedom of expression, association, and the press, and the rights of members of political parties. (k) West bank and gaza (1) Assistance Of the funds appropriated by this Act under the heading Economic Support Fund (2) Report Prior to the initial obligation of funds made available by this Act under the heading Economic Support Fund (A) advance Middle East peace; (B) improve security in the region; (C) continue support for transparent and accountable government institutions; (D) promote a private sector economy; or (E) address urgent humanitarian needs. (3) Limitations (A) (i) None of the funds appropriated under the heading Economic Support Fund (I) the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; or (II) the Palestinians initiate an International Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians. (ii) The Secretary of State may waive the restriction in clause (i) of this subparagraph resulting from the application of subclause (I) of such clause if the Secretary certifies to the Committees on Appropriations that to do so is in the national security interest of the United States, and submits a report to such Committees detailing how the waiver and the continuation of assistance would assist in furthering Middle East peace. (B) (i) The President may waive the provisions of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( Public Law 100–204 (I) obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians; and (II) initiated or actively supported an ICC investigation against Israeli nationals for alleged crimes against Palestinians. (ii) Not less than 90 days after the President is unable to make the certification pursuant to clause (i) of this subparagraph, the President may waive section 1003 of Public Law 100–204 Provided Public Law 100–204 (iii) Any waiver pursuant to this subparagraph shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (4) Application of taylor force act Funds appropriated by this Act under the heading Economic Support Fund Public Law 115–141 (l) Western sahara (1) Funds appropriated by this Act under titles I through IV shall be made available for assistance for the Western Sahara, including to support diplomatic efforts to facilitate a political settlement of the conflict in the Western Sahara. (2) None of the funds appropriated or otherwise made available by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be used to support the construction or operation in the Western Sahara of a United States consulate. (m) Economic and governance reforms Prior to the initial obligation of funds appropriated by this Act under the heading Economic Support Fund (1) implementing free market and civil service reforms, raising revenue to support public utilities and services, and reducing subsidies; (2) improving transparency and accountability to reduce waste, enhance efficiencies, and prevent conflicts of interest and other corrupt practices related to public service and expenditures; (3) enforcing laws and policies that protect freedom of expression, association, and the press, and the right of due process; and (4) strengthening judicial independence, including the transparent selection of judges. AFRICA 7042. (a) African great lakes region assistance restriction Funds appropriated by this Act under the heading International Military Education and Training (b) Ethiopia (1) Prohibition None of the funds appropriated by this Act under the heading Foreign Military Financing Program (2) Restrictions The Secretary of the Treasury shall instruct the United States executive director of each international financial institution— (A) to use the voice and vote of the United States to oppose any loan or extension of financial or technical assistance to the Government of Ethiopia; and (B) to work with other key donor countries to develop a coherent policy for future engagement with, and lending to, the Government of Ethiopia, in a manner that protects human rights and promotes peace and reconciliation. (3) Exception The restrictions under paragraph (2) shall not apply— (A) with respect to loans or financial or technical assistance for humanitarian purposes or to support projects that meet basic human needs; and (B) on or after the date that is 30 days after the Secretary of State determines and reports to the appropriate congressional committees that the Government of Ethiopia has— (i) ceased all offensive military operations; (ii) taken credible and sustained steps toward a genuine political dialogue to end the conflict; (iii) implemented measures to protect human rights and ensure adherence to international humanitarian law and international refugee law; (iv) continuously allowed unimpeded humanitarian access; and (v) cooperated with independent investigations of serious violations of human rights. (c) Democratic republic of the congo Of the funds appropriated under titles III and IV of this Act, not less than $325,000,000 shall be made available for assistance for the Democratic Republic of the Congo (DRC) for stabilization, global health, and bilateral economic assistance, including in areas affected by, and at risk from, the Ebola virus disease: Provided Provided further Peacekeeping Operations International Military Education and Training (d) Mozambique Of the funds appropriated under titles III and IV of this Act, not less than $537,500,000 shall be made available for assistance for Mozambique, including for stabilization, global health, and bilateral economic assistance in areas affected by violent extremism. (e) South sudan (1) Assistance Funds appropriated under title III of this Act that are made available for assistance for South Sudan should be made available for democracy programs and for conflict mitigation and reconciliation programs. (2) Limitation on assistance for the central government Funds appropriated by this Act that are made available for assistance for the central Government of South Sudan may only be made available, following consultation with the Committees on Appropriations, for— (A) humanitarian assistance; (B) health programs, including to prevent, detect, and respond to infectious diseases; (C) assistance to support South Sudan peace negotiations or to advance or implement a peace agreement; and (D) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement, and subsequent and mutual arrangements related to such agreement, or any other internationally recognized viable peace agreement in South Sudan: Provided (f) Sudan (1) Assistance Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, except funds designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act, may be made available for assistance for Sudan notwithstanding any other provision of law except sections 502B and 620M of the Foreign Assistance Act of 1961, the Trafficking Victims Protection Act of 2000, and the Child Soldiers Prevention Act of 2008. (2) Limitation None of the funds appropriated under title IV of this Act may be made available for military assistance for Sudan except with the consent of relevant civilian transitional authorities, and only for— (A) Expanded International Military Education and Training and professional military education; (B) security sector reform; and (C) assistance to support implementation of outstanding issues of the Juba Peace Agreement, Comprehensive Peace Agreement, mutual arrangements related to post-referendum issues associated with such Agreement, or any other viable peace agreement in Sudan. (3) Consultation and notification Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for any new program, project, or activity in Sudan shall be subject to prior consultation with the appropriate congressional committees, and the regular notification procedures of the Committees on Appropriations. (g) Zimbabwe (1) Instruction The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any loan, credit, grant, or guarantee for Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Zimbabwe is making consistent progress in strengthening democratic institutions and protecting freedom of expression, association, and assembly. (2) Limitation None of the funds appropriated by this Act shall be made available for assistance for the central Government of Zimbabwe, except for health and education, unless the Secretary of State certifies and reports as required in paragraph (1). EAST ASIA AND THE PACIFIC 7043. (a) Burma (1) Uses of funds Of the funds appropriated by this Act, not less than $136,127,000 shall be made available for assistance for Burma, which— (A) may be made available notwithstanding any other provision of law and following consultation with the appropriate congressional committees; (B) may be made available for support for the administrative operations and programs of the National Unity Government of the Republic of the Union of Myanmar (NUG), the Civil Disobedience Movement, and other entities promoting democracy, following consultation with the appropriate congressional committees: Provided (C) shall be made available for programs to promote ethnic and religious tolerance and to combat gender-based violence, including in Kachin, Chin, Mon, Karen, Karenni, Rakhine, and Shan states; (D) shall be made available for community-based organizations with experience operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds appropriated by this Act under the heading Migration and Refugee Assistance (E) shall be made available for programs and activities to investigate and document violations of human rights in Burma committed by the military junta; (F) may not be made available for assistance for the State Administration Council; (G) may not be made available to any organization or entity controlled by the military junta in Burma, or to any individual or organization that has committed, or is credibly alleged to have committed, a gross violation of human rights or who advocates violence against ethnic or religious groups or individuals in Burma, as determined by the Secretary of State for programs administered by the Department of State and USAID or the President of the National Endowment for Democracy (NED) for programs administered by NED; and (H) may not be made available for assistance under the headings International Military Education and Training Foreign Military Financing Program (2) Consultation Any new program or activity in Burma initiated in fiscal year 2022 shall be subject to prior consultation with the appropriate congressional committees. (b) Cambodia (1) Assistance Of the funds appropriated under title III of this Act, not less than $82,505,000 shall be made available for assistance for Cambodia. (2) Certification and exceptions (A) Certification None of the funds appropriated by this Act that are made available for assistance for the Government of Cambodia may be obligated or expended unless the Secretary of State certifies and reports to the Committees on Appropriations that such Government is taking effective steps to— (i) strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea and the enforcement of international sanctions with respect to North Korea; (ii) assert its sovereignty against interference by the People’s Republic of China, including by verifiably maintaining the neutrality of Ream Naval Base, other military installations in Cambodia, and dual use facilities such as the Dara Sakor development project; (iii) cease violence, threats, and harassment against civil society and the political opposition in Cambodia, and dismiss any politically motivated criminal charges against critics of the government; and (iv) respect the rights, freedoms, and responsibilities enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993. (B) Exceptions The certification required by subparagraph (A) shall not apply to funds appropriated by this Act and made available for democracy, health, education, and environment programs, programs to strengthen the sovereignty of Cambodia, and programs to educate and inform the people of Cambodia of the influence activities of the People’s Republic of China in Cambodia. (3) Uses of funds Funds appropriated under title III of this Act for assistance for Cambodia shall be made available for— (A) research, documentation, and education programs associated with the Khmer Rouge in Cambodia; (B) assistance for survivors of the Khmer Rouge; and (C) programs in the Khmer language to monitor, map, and publicize the efforts by the People’s Republic of China to expand its influence in Cambodia. (c) Indo-Pacific strategy and the asia reassurance initiative act of 2018 (1) Assistance Of the funds appropriated under titles III and IV of this Act, not less than $1,605,105,000 shall be made available to support implementation of the Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 2018 ( Public Law 115–409 (2) Countering prc influence fund Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs Foreign Military Financing Program Provided Provided further Provided further (3) Restriction on uses of funds None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for any project or activity that directly supports or promotes— (A) the Belt and Road Initiative or any dual-use infrastructure projects of the People’s Republic of China; and (B) the use of technology, including biotechnology, digital, telecommunications, and cyber, developed by the People’s Republic of China unless the Secretary of State, in consultation with the USAID Administrator and the heads of other Federal agencies, as appropriate, determines that such use does not adversely impact the national security of the United States. (d) Laos Of the funds appropriated by this Act under titles III and IV, not less than $85,000,000 shall be made available for assistance for Laos, of which not less than— (1) $7,500,000 shall be made available for maternal and child health and nutrition programs; (2) $1,500,000 shall be made available for health/disability programs in areas sprayed with Agent Orange; (3) $1,500,000 shall be made available for assessments to determine the extent of dioxin contamination at former United States military sites in Laos, and the feasibility and cost of remediation; and (4) $45,000,000 shall be made available for demining and unexploded ordnance clearance activities. (e) North korea (1) Cybersecurity None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for the central government of a country the Secretary of State determines and reports to the appropriate congressional committees engages in significant transactions contributing materially to the malicious cyber-intrusion capabilities of the Government of North Korea: Provided Public Law 114–122 22 U.S.C. 9229 Provided further (2) Broadcasts Funds appropriated by this Act under the heading International Broadcasting Operations (3) Human rights Funds appropriated by this Act under the headings Economic Support Fund Democracy Fund Provided (4) Limitation on use of funds None of the funds made available by this Act under the heading Economic Support Fund (f) People's republic of china (1) Limitation on use of funds None of the funds appropriated under the heading Diplomatic Programs (2) People's liberation army The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assistance projects or activities of the People's Liberation Army (PLA) of the PRC, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided (3) Hong kong (A) Democracy programs Of the funds appropriated by this Act under the first paragraph under the heading Democracy Fund (B) Restrictions on assistance None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Hong Kong should be obligated for assistance for the Government of the People’s Republic of China and the Chinese Communist Party or any entity acting on their behalf in Hong Kong. (C) Report Funds appropriated under title I of this Act shall be made available to prepare and submit to Congress the report required by section 301 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5731 Public Law 116–94 Public Law 116–260 (4) Clarification Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for programs in the People’s Republic of China may be used to counter the impact of Chinese influence and investments in the Greater Mekong Subregion, following consultation with the Committees on Appropriations. (g) Philippines None of the funds appropriated by this Act may be made available for counternarcotics assistance for the Philippines, except for drug demand reduction, maritime law enforcement, or transnational interdiction: Provided Foreign Military Financing Program Provided further (h) Tibet (1) Multilateral financing of projects in tibet The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support financing of projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring. (2) Programs for tibetan communities (A) Of the funds appropriated by this Act under the heading Economic Support Fund (B) Of the funds appropriated by this Act under the heading Economic Support Fund Provided (C) Of the funds appropriated by this Act under the heading Economic Support Fund Provided (D) Funds made available pursuant to this paragraph may be made available notwithstanding any other provision of law. (3) Tibetan institutes promoting democracy and religious freedom Of the funds appropriated by this Act under the heading Economic Support Fund Provided (i) Vietnam Of the funds appropriated under titles III and IV of this Act, not less than $181,000,000 shall be made available for assistance for Vietnam, of which not less than— (1) $15,000,000 shall be made available for health and disability programs related to the use of Agent Orange and exposure to dioxin, to assist individuals with severe upper or lower body mobility impairment or cognitive or developmental disabilities; (2) $19,000,000 shall be made available for demining and unexploded ordnance clearance activities; (3) $20,000,000 shall be made available, notwithstanding any other provision of law, for activities related to the remediation of dioxin contaminated sites in Vietnam and may be made available for assistance for the Government of Vietnam, including the military, for such purposes; (4) $2,000,000 shall be made available for a war legacy reconciliation program; and (5) $15,000,000 shall be made available for higher education programs. SOUTH AND CENTRAL ASIA 7044. (a) Afghanistan (1) Assistance (A) None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs and made available for assistance for Afghanistan may be made available for direct assistance to the Taliban. (B) Funds appropriated by this Act under the heading Economic Support Fund (2) Report Not later than 30 days after enactment of this Act and every 60 days thereafter until September 30, 2022, the Secretary of State shall submit a report to the Committees on Appropriations, in classified form if necessary, detailing the status of United States diplomatic facilities in Afghanistan, including whether such facilities are occupied and controlled by United States officials or contractors, information regarding any breach of such facilities by the Taliban or other non-United States Government entities, the plan and costs associated with the security and maintenance of such facilities beginning in August 2021, and an estimate of the cost of any losses regarding physical damage or violation of the integrity of the security associated with such facilities. (b) Bangladesh Of the funds appropriated under titles III and IV of this Act, not less than $198,325,000 shall be made available for assistance for Bangladesh, of which— (1) not less than $23,500,000 shall be made available to address the needs of communities impacted by refugees from Burma; (2) not less than $10,000,000 shall be made available for programs to protect freedom of expression and association, and the right of due process; and (3) not less than $23,300,000 shall be made available for democracy programs, of which not less than $2,000,000 shall be made available for such programs for the Rohingya community in Bangladesh. (c) Nepal Funds appropriated by this Act under the heading Foreign Military Financing Program Provided (d) Pakistan (1) Terms and conditions The terms and conditions of section 7044(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 (2) Assistance Of the funds appropriated under title III of this Act that are made available for assistance for Pakistan, not less than $15,000,000 shall be made available for democracy programs and not less than $10,000,000 shall be made available for gender programs. (e) Sri lanka (1) Assistance Funds appropriated by this Act under titles I and III should be made available for assistance for Sri Lanka for— (A) educational and cultural exchanges; (B) public diplomacy programs; (C) democracy and governance programs; and (D) economic development programs, particularly in areas recovering from ethnic and religious conflict. (2) Notification Funds made available for assistance for any other purposes in Sri Lanka shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (3) Limitation None of the funds appropriated by this Act may be made available for assistance for the Sri Lankan armed forces, except for maritime security and domain awareness, including professionalization and training for the navy and coast guard. (4) Ineligibility The Secretary of State should apply section 7031(c) of this Act to Sri Lankan officials credibly implicated in war crimes and other serious violations of human rights, or in significant acts of corruption. (5) Report Not later than 45 days after enactment of this Act and every 90 days thereafter until September 30, 2022, the Secretary of State shall submit a report to the Committees on Appropriations assessing actions taken by the Government of Sri Lanka to— (A) protect the rights and freedoms of the people of Sri Lanka regardless of ethnicity and religious belief, including by investigating violations of human rights and the laws of war and holding perpetrators accountable; (B) increase transparency and accountability in governance, and reduce corruption; (C) assert its sovereignty against influence by the People’s Republic of China; and (D) promote reconciliation between ethnic and religious groups, particularly arising from past conflicts in Sri Lanka, including by— (i) addressing land confiscation and ownership issues; (ii) resolving cases of missing persons, including by maintaining a functioning office of missing persons; (iii) reducing the presence of the armed forces in former conflict zones and restructuring the armed forces for a peacetime role that contributes to post-conflict reconciliation and regional security; (iv) repealing or amending laws on arrest and detention by security forces to comply with international standards; and (v) bringing to justice police officers involved in cases of arbitrary and incommunicado detention and torture, and supporting a credible justice mechanism for resolving cases of war crimes. (f) Regional programs Funds appropriated by this Act should be made available for assistance for countries in South and Central Asia to significantly increase the recruitment, training, and retention of women in the judiciary, police, and other security forces, and to train judicial and security personnel in such countries to prevent and address gender-based violence, human trafficking, and other practices that disproportionately harm women and girls. LATIN AMERICA AND THE CARIBBEAN 7045. (a) Central america (1) Assistance (A) Of the funds appropriated by this Act under titles III and IV, not less than $653,875,000 should be made available for assistance for Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, including to implement the Root Causes Strategy and through the Central America Regional Security Initiative: Provided (B) Up to $100,000,000 of the funds made available pursuant to subparagraph (A) for assistance for El Salvador, Guatemala, and Honduras may be made available for programs that support locally-led development in such countries and may remain available until September 30, 2027: Provided Provided further Provided further Provided further Provided further (C) Not less than $70,000,000 of the funds made available pursuant to subparagraph (A) shall be made available for programs to reduce violence against women and girls, including for women’s shelters, girls education, and anti-gang programs: Provided (2) Limitation on assistance to certain central governments (A) Of the funds made available pursuant to paragraph (1) under the heading Economic Support Fund (i) combating corruption and impunity, including by implementing laws and policies to ensure transparency of government receipts and expenditures, and by allowing independent investigations and prosecutions of corrupt public officials to proceed; (ii) protecting the rights of civil society, members of political parties, freedom of expression, association, and the press; (iii) respecting the right of due process and holding accountable members of security forces who violate human rights; (iv) implementing policies to reduce poverty and promote equitable economic growth and opportunity; (v) respecting the independence of the judiciary and of electoral processes; (vi) combating human smuggling and trafficking and countering the activities of criminal gangs, drug traffickers, and transnational criminal organizations; (vii) informing its citizens of the dangers of the journey to the southwest border of the United States; and (viii) resolving disputes involving the confiscation of real property of United States entities. (B) Reprogramming If the Secretary is unable to make the certification required by subparagraph (A) for one or more of the central governments, such assistance may be reprogrammed for assistance for civil society organizations and local governments in such country, or for other countries in Latin America and the Caribbean, notwithstanding the funding provisions in this subsection and the limitations in section 7019 of this Act: Provided (C) Exceptions The limitation of subparagraph (A) shall not apply to funds appropriated by this Act that are made available for— (i) offices of Attorneys General and other judicial authorities that are acting independently to combat organized crime, corruption, and impunity; (ii) programs to support women and girls and to combat sexual and gender-based violence; (iii) programs to promote respect for the rule of law and to protect human rights, including of Indigenous communities and Afro-descendants; (iv) programs to strengthen democracy; (v) humanitarian assistance; (vi) public health and education; and (vii) food security programs. (D) Foreign military financing program None of the funds appropriated by this Act under the heading Foreign Military Financing Program (E) Central americorps Of the funds appropriated by this Act under the heading Development Assistance AmeriCorps Central AmeriCorps Provided Provided further Provided further (b) Colombia (1) Assistance Of the funds appropriated by this Act under titles III and IV, not less than $463,850,000 should be made available for assistance for Colombia: Provided International Narcotics Control and Law Enforcement (2) Withholding of funds (A) Counternarcotics (i) Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement (ii) Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement (B) Human rights Of the funds appropriated by this Act under the heading Foreign Military Financing Program (i) the Special Jurisdiction for Peace and other judicial authorities, as appropriate, are sentencing perpetrators of serious violations of human rights, including those with command responsibility, to deprivation of liberty; (ii) the Government of Colombia is making consistent progress in reducing threats and attacks against human rights defenders and other civil society activists, and judicial authorities are prosecuting and punishing those responsible for ordering and carrying out such attacks; (iii) the Government of Colombia is making consistent progress in protecting Afro-Colombian and Indigenous communities and is respecting their rights and territories; (iv) senior military officers responsible for ordering, committing, and covering up cases of false positives are being prosecuted and punished, officers with pending cases are not being promoted, and witnesses are being protected; and (v) the Government of Colombia is bringing to justice military and police personnel who authorized, conducted, and covered up illegal surveillance and communications intercepts and has taken effective steps to prevent the recurrence of such crimes. (3) Exceptions The limitations of paragraph (2) shall not apply to funds made available for aviation instruction and maintenance, and maritime and riverine security programs. (4) Authority Aircraft supported by funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs and made available for assistance for Colombia may be used to transport personnel and supplies involved in drug eradication and interdiction, including security for such activities, and to provide transport in support of alternative development programs and investigations by civilian judicial authorities. (5) Prohibition None of the funds appropriated by this Act may be made available for assistance for the Colombian National Police’s Mobile Anti-Disturbances Squadron. (6) Reintegration programs Funds appropriated by this Act that are made available for assistance for Colombia may be used to support demining and unexploded ordnance clearance activities involving former combatants who have demobilized and renounced violence. (c) Cuba (1) Of the funds appropriated by this Act under the heading Economic Support Fund (2) Of the funds appropriated by this Act under the heading Economic Support Fund (A) free enterprise and private business organizations in Cuba; and (B) people-to-people educational and cultural activities involving citizens of Cuba and the United States. (3) None of the funds appropriated by this Act may be made available to any entity controlled by the Cuban military. (4) Funds appropriated under title I of this Act shall be made available for— (A) the operation of, and infrastructure and security improvements to, United States diplomatic facilities in Cuba; and (B) costs associated with additional United States diplomatic personnel in Cuba. (5) Funds made available pursuant to this subsection shall be subject to prior consultation with the Committees on Appropriations. (d) Haiti (1) Certification Funds appropriated by this Act that are made available for assistance for Haiti may only be made available for the central Government of Haiti if the Secretary of State certifies and reports to the appropriate congressional committees that a new President and Parliament have taken office after free and fair elections, or the country is being led by a transitional governing authority that is broadly representative of Haitian society, and it is in the national interest of the United States to provide such assistance. (2) Exceptions Notwithstanding paragraph (1), funds may be made available to support— (A) free and fair elections; (B) anti-gang police and administration of justice programs, including to reduce pre-trial detention and eliminate inhumane prison conditions; (C) public health, food security, water and sanitation, education, and other programs to meet basic human needs; and (D) disaster relief and recovery. (3) Notification Funds appropriated by this Act that are made available for assistance for Haiti shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (4) Prohibition None of the funds appropriated or otherwise made available by this Act may be used for assistance for the armed forces of Haiti. (5) Haitian coast guard The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. (e) Nicaragua (1) Of the funds appropriated by this Act under the heading Economic Support Fund (2) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any loan, grant, credit, or guarantee for the Government of Nicaragua, except to meet basic human needs or to strengthen democracy, unless the Secretary of State certifies and reports to the Committees on Appropriations that Nicaragua has held free and fair presidential elections and the rule of law has been restored, including freedom of expression, association, and assembly, the right of due process, and the rights of members of political parties. (3) The Secretary of State should apply section 7031(c) of this Act to the Nicaraguan officials responsible for ordering the wrongful arrests of potential presidential candidates in 2021. (4) None of the funds appropriated by this Act should be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the outcome of presidential elections in Nicaragua that the Secretary determines are neither free nor fair: Provided (5) The Secretary of State should use all available diplomatic tools to suspend Nicaragua’s participation in the Central America Free Trade Agreement in government-controlled sectors of the economy, until the Secretary determines and reports to the Committees on Appropriations that Nicaragua has held free and fair presidential elections. (f) Venezuela (1) Of the funds appropriated by this Act under the heading Economic Support Fund (2) Funds appropriated under title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs should be made available for assistance for communities in countries supporting or otherwise impacted by refugees from Venezuela, including Colombia, Peru, Ecuador, Curacao, and Trinidad and Tobago: Provided EUROPE AND EURASIA 7046. (a) Assistance (1) Georgia (A) Assistance Of the funds appropriated by this Act under titles III and IV, not less than $120,625,000 should be made available for assistance for Georgia. (B) Limitation None of the funds made available pursuant to subparagraph (A) for economic growth programs should be made available for assistance for the central Government of Georgia, unless the Secretary of State determines and reports to the appropriate congressional committees that such government is making consistent progress in implementing rule of law, judicial, and electoral reforms. (C) Waiver The Secretary may waive the limitation in subparagraph (B) if the Secretary determines and reports to such Committees that to do so is important to the national interest of the United States and includes a justification for such waiver. (2) Ukraine Of the funds appropriated by this Act under titles III and IV, not less than $559,000,000 shall be made available for assistance for Ukraine. (b) Territorial integrity None of the funds appropriated by this Act may be made available for assistance for a government of an Independent State of the former Soviet Union if such government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act: Provided Provided further (c) Section 907 of the freedom support act Section 907 of the FREEDOM Support Act ( 22 U.S.C. 5812 (1) activities to support democracy or assistance under title V of the FREEDOM Support Act ( 22 U.S.C. 5851 et seq. 50 U.S.C. 2333 (2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961; (3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity; (4) any insurance, reinsurance, guarantee, or other assistance provided by the United States International Development Finance Corporation as authorized by the BUILD Act of 2018 (division F of Public Law 115–254 (5) any financing provided under the Export-Import Bank Act of 1945 ( Public Law 79–173 (6) humanitarian assistance. (d) Turkey None of the funds made available by this Act may be used to facilitate or support the sale of defense articles or defense services to the Turkish Presidential Protection Directorate (TPPD) under Chapter 2 of the Arms Export Control Act ( 22 U.S.C. 2761 et seq. Provided COUNTERING RUSSIAN INFLUENCE AND AGGRESSION 7047. (a) Prohibition None of the funds appropriated by this Act may be made available for assistance for the Government of the Russian Federation. (b) Annexation of crimea (1) Prohibition None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea or other territory in Ukraine: Provided (2) Limitation None of the funds appropriated by this Act may be made available for— (A) the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or other territory in Ukraine; (B) the facilitation, financing, or guarantee of United States Government investments in Crimea or other territory in Ukraine under the control of Russian-backed separatists, if such activity includes the participation of Russian Government officials, or other Russian owned or controlled financial entities; or (C) assistance for Crimea or other territory in Ukraine under the control of Russian-backed separatists, if such assistance includes the participation of Russian Government officials, or other Russian owned or controlled financial entities. (3) International financial institutions The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any loan, credit, grant, or guarantee for any program that violates the sovereignty or territorial integrity of Ukraine. (4) Duration The requirements and limitations of this subsection shall cease to be in effect if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of Russian-backed separatists. (c) Occupation of the georgian territories of abkhazia and tskhinvali region/South ossetia (1) Prohibition None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has recognized the independence of, or has established diplomatic relations with, the Russian Federation occupied Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia: Provided Provided further (2) Limitation None of the funds appropriated by this Act may be made available to support the Russian Federation occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia. (3) International financial institutions The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any loan, credit, grant, or guarantee for any program that violates the sovereignty and territorial integrity of Georgia. (d) Countering russian influence fund (1) Assistance Of the funds appropriated by this Act under the headings Assistance for Europe, Eurasia and Central Asia International Narcotics Control and Law Enforcement International Military Education and Training Foreign Military Financing Program Public Law 115–44 22 U.S.C. 9543 (2) Economics and trade Funds appropriated by this Act and made available for assistance for the Eastern Partnership countries shall be made available to advance the implementation of Association Agreements and trade agreements with the European Union, and to reduce their vulnerability to external economic and political pressure from the Russian Federation. (e) Democracy programs Funds appropriated by this Act shall be made available to support democracy programs in the Russian Federation and other countries in Europe, Eurasia, and Central Asia, including to promote Internet freedom: Provided Assistance for Europe, Eurasia and Central Asia UNITED NATIONS 7048. (a) Transparency and accountability (1) Of the funds appropriated by this Act under the headings Contributions to International Organizations International Organizations and Programs (A) the Secretary of State determines that such department, agency, or organization— (i) is posting on a publicly available website, consistent with privacy regulations and due process, regular financial and programmatic audits of such department, agency, or organization, and providing the United States Government with necessary access to such financial and performance audits; and (ii) is effectively enforcing policies and procedures on the appropriate use of travel funds, including restrictions on first-class and business-class travel; and (B) such department, agency, or organization submits a report to the Department of State, which shall be posted on the Department’s website with an opportunity for public comment, demonstrating that it is effectively implementing policies and procedures which meet or exceed best practices in the United States for the protection of whistleblowers from retaliation, including— (i) protection against retaliation for internal and lawful public disclosures; (ii) legal burdens of proof; (iii) statutes of limitation for reporting retaliation; (iv) access to binding independent adjudicative bodies, including shared cost and selection of external arbitration; and (v) results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment; and (C) the Secretary determines and reports to the Committees on Appropriations, based on the report required by subparagraph (B), public comments, and any other information available to the Secretary, that the department, agency, or organization is meeting or exceeding best practices: Provided (b) Restrictions on united nations delegations and organizations (1) Restrictions on united states delegations None of the funds made available by this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such agency, body, or commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 1754(c) of the Export Reform Control Act of 2018 ( 50 U.S.C. 4813(c) (2) Restrictions on contributions None of the funds made available by this Act may be used by the Secretary of State as a contribution to any organization, agency, commission, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, section 1754(c) of the Export Reform Control Act of 2018 ( 50 U.S.C. 4813(c) (3) Waiver The Secretary of State may waive the restriction in this subsection if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national interest of the United States, including a description of the national interest served. (c) United nations human rights council Funds appropriated by this Act may be made available to support the United Nations Human Rights Council unless the Secretary of State determines and reports to the Committees on Appropriations that participation in the Council does not serve the national interest of the United States, and that the Council is not taking significant steps to remove Israel as a permanent agenda item and to ensure integrity in the election of members to the Council: Provided Provided further (d) United nations relief and works agency Funds appropriated by this Act should be made available for the United Nations Relief and Works Agency (UNRWA) unless the Secretary of State determines and reports to the Committees on Appropriations that UNRWA is— (1) not utilizing Operations Support Officers in the West Bank, Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use; (2) not acting promptly to address any staff or beneficiary violation of its own policies (including the policies on neutrality and impartiality of employees) and the legal requirements under section 301(c) of the Foreign Assistance Act of 1961; (3) not implementing procedures to maintain the neutrality of its facilities, including implementing a no-weapons policy, and conducting regular inspections of its installations, to ensure they are only used for humanitarian or other appropriate purposes; (4) not taking necessary and appropriate measures to ensure it is operating in compliance with the conditions of section 301(c) of the Foreign Assistance Act of 1961 and continuing regular reporting to the Department of State on actions it has taken to ensure conformance with such conditions; (5) not taking steps to ensure the content of all educational materials currently taught in UNRWA-administered schools and summer camps is consistent with the values of human rights, dignity, and tolerance and does not induce incitement; (6) engaging in operations with financial institutions or related entities in violation of relevant United States law, and is not taking steps to improve the financial transparency of the organization; and (7) not in compliance with the United Nations Board of Auditors' biennial audit requirements and is not implementing in a timely fashion the Board's recommendations. (e) Prohibition of payments to united nations members None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations. (f) Report Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2021 for contributions to any organization, department, agency, or program within the United Nations system or any international program that are withheld from obligation or expenditure due to any provision of law: Provided Provided further (g) Sexual exploitation and abuse in peacekeeping operations The Secretary of State should withhold assistance to any unit of the security forces of a foreign country if the Secretary has credible information that such unit has engaged in sexual exploitation or abuse, including while serving in a United Nations peacekeeping operation, until the Secretary determines that the government of such country is taking effective steps to hold the responsible members of such unit accountable and to prevent future incidents: Provided Provided further (h) Additional availability Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated by this Act which are returned or not made available due to the second proviso under the heading Contributions for International Peacekeeping Activities 22 U.S.C. 2227(a) Provided WAR CRIMES TRIBUNALS 7049. (a) If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services for international tribunals or commissions established or authorized by the United Nations Security Council to address war crimes, crimes against humanity, or genocide, without regard to the ceiling limitation contained in paragraph (2) thereof: Provided Provided further Provided further (b) None of the funds appropriated by this Act may be made available for a United States contribution to the International Criminal Court: Provided Provided further GLOBAL INTERNET FREEDOM 7050. (a) Funding Of the funds available for obligation during fiscal year 2022 under the headings International Broadcasting Operations Economic Support Fund Democracy Fund Assistance for Europe, Eurasia and Central Asia Provided Provided further (b) Requirements (1) Department of state and united states agency for international development Funds appropriated by this Act under the headings Economic Support Fund Democracy Fund Assistance for Europe, Eurasia and Central Asia (A) coordinated with other democracy programs funded by this Act under such headings, and shall be incorporated into country assistance and democracy promotion strategies, as appropriate; (B) for programs to implement the May 2011, International Strategy for Cyberspace, the Department of State International Cyberspace Policy Strategy required by section 402 of the Cybersecurity Act of 2015 (division N of Public Law 114–113 22 U.S.C. 8754 (C) made available for programs that support the efforts of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats to Internet freedom at international organizations; to combat violence against bloggers and other users; and to enhance digital security training and capacity building for democracy activists; (D) made available for research of key threats to Internet freedom; the continued development of technologies that provide or enhance access to the Internet, including circumvention tools that bypass Internet blocking, filtering, and other censorship techniques used by authoritarian governments; and maintenance of the technological advantage of the United States Government over such censorship techniques: Provided (E) made available only with the concurrence of the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, that such funds are allocated consistent with— (i) the strategies referenced in subparagraph (B) of this paragraph; (ii) best practices regarding security for, and oversight of, Internet freedom programs; and (iii) sufficient resources and support for the development and maintenance of anti-censorship technology and tools. (2) United states agency for global media Funds appropriated by this Act under the heading International Broadcasting Operations (A) made available only for open-source tools and techniques to securely develop and distribute USAGM digital content, facilitate audience access to such content on websites that are censored, coordinate the distribution of USAGM digital content to targeted regional audiences, and to promote and distribute such tools and techniques, including digital security techniques; (B) coordinated by the USAGM CEO, in consultation with the OTF President, with programs funded by this Act under the heading International Broadcasting Operations (C) coordinated by the USAGM CEO, in consultation with the OTF President, to solicit project proposals through an open, transparent, and competitive process, seek input from technical and subject matter experts to select proposals, and support Internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF and in a manner consistent with the United States Government Internet freedom strategy; and (D) made available for the research and development of new tools or techniques authorized in subparagraph (A) only after the USAGM CEO, in consultation with the Secretary of State, the OTF President, and other relevant United States Government departments and agencies, evaluates the risks and benefits of such new tools or techniques, and establishes safeguards to minimize the use of such new tools or techniques for illicit purposes. (c) Coordination and spend plans After consultation among the relevant agency heads to coordinate and de-conflict planned activities, but not later than 90 days after enactment of this Act, the Secretary of State and the USAGM CEO, in consultation with the OTF President, shall submit to the Committees on Appropriations spend plans for funds made available by this Act for programs to promote Internet freedom globally, which shall include a description of safeguards established by relevant agencies to ensure that such programs are not used for illicit purposes: Provided (d) Security audits Funds made available pursuant to this section to promote Internet freedom globally may only be made available to support open-source technologies that undergo comprehensive security audits consistent with the requirements of the Bureau of Democracy, Human Rights, and Labor, Department of State to ensure that such technology is secure and has not been compromised in a manner detrimental to the interest of the United States or to individuals and organizations benefiting from programs supported by such funds: Provided TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT 7051. (a) Prohibition None of the funds made available by this Act may be used to support or justify the use of torture or other cruel, inhuman, or degrading treatment or punishment by any official or contract employee of the United States Government. (b) Assistance Funds appropriated under titles III and IV of this Act shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961 and following consultation with the Committees on Appropriations, for assistance to eliminate torture and other cruel, inhuman, or degrading treatment or punishment by foreign police, military, or other security forces in countries receiving assistance from funds appropriated by this Act. AIRCRAFT TRANSFER, COORDINATION, AND USE 7052. (a) Transfer authority Notwithstanding any other provision of law or regulation, aircraft procured with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Diplomatic Programs International Narcotics Control and Law Enforcement Andean Counterdrug Initiative Andean Counterdrug Programs (b) Property disposal The authority provided in subsection (a) shall apply only after the Secretary of State determines and reports to the Committees on Appropriations that the equipment is no longer required to meet programmatic purposes in the designated country or region: Provided (c) Aircraft coordination (1) Authority The uses of aircraft purchased or leased by the Department of State and the United States Agency for International Development with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission: Provided Provided further Provided further (2) Scope The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of which is the transportation of personnel. (d) Aircraft operations and maintenance To the maximum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act shall be borne by the recipient country. PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN GOVERNMENTS 7053. The terms and conditions of section 7055 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 Provided September 30, 2009 September 30, 2021 INTERNATIONAL MONETARY FUND 7054. (a) Extensions The terms and conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 (b) Repayment The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (IMF) to seek to ensure that any loan will be repaid to the IMF before other private or multilateral creditors. ORGANIZATION OF AMERICAN STATES 7055. (a) Of the funds appropriated by this Act under the heading Contributions to International Organizations (1) transfer to locations outside of the District of Columbia administrative functions that can be performed virtually at lower cost; (2) sell real estate in the District of Columbia that is not needed to carry out OAS core activities or that the OAS is financially unable to operate and maintain; (3) increase quota levels on a routine basis to match the rate of inflation; (4) eliminate credit for on-time payment of assessments and impose penalties for successive late payment of assessments; (5) restructure the OAS to reduce organizational complexity, consolidate functions and eliminate lower priority activities, and shift funds to OAS core activities with a focus on strengthening democracy, electoral cooperation and observation, protecting human rights, and multidimensional security; and (6) overhaul the Office of the Inspector General. (b) Funds appropriated by this Act that are made available as contributions to the OAS shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. ASSISTANCE FOR INNOCENT VICTIMS OF CONFLICT 7056. Not later than 90 days after enactment of this Act, the Administrator of the United States Agency for International Development shall establish a fund, which shall be referred to as the Marla Ruzicka Fund for Innocent Victims of Conflict Marla Fund Provided Provided further Provided further UNITED NATIONS POPULATION FUND 7057. (a) Contribution Of the funds made available under the heading International Organizations and Programs (b) Availability of funds Funds appropriated by this Act for UNFPA, that are not made available for UNFPA because of the operation of any provision of law, shall be transferred to the Global Health Programs (c) Prohibition on use of funds in china None of the funds made available by this Act may be used by UNFPA for a country program in the People’s Republic of China. (d) Conditions on availability of funds Funds made available by this Act for UNFPA may not be made available unless— (1) UNFPA maintains funds made available by this Act in an account separate from other accounts of UNFPA and does not commingle such funds with other sums; and (2) UNFPA does not fund abortions. GLOBAL HEALTH ACTIVITIES 7058. (a) Preventing and responding to pandemics (1) Funds appropriated by this Act under the heading Global Health Programs Provided (2) Reducing human contact with wildlife Funds appropriated by this Act shall be made available to support national and local strategies to reduce human contact with wildlife, deforestation and wildlife habitat degradation, and the commerce in, and consumption of, live wildlife and raw or unprocessed wildlife parts and derivatives that contribute to zoonotic spillover between animals and humans: Provided (3) International financing mechanism Up to $250,000,000 of the funds appropriated by this Act under the heading Global Health Programs (4) Extraordinary measures If the Secretary of State determines and reports to the Committees on Appropriations that an international infectious disease outbreak is sustained, severe, and is spreading internationally, or that it is in the national interest to respond to a Public Health Emergency of International Concern, not to exceed an aggregate total of $200,000,000 of the funds appropriated by this Act under the headings Global Health Programs Development Assistance International Disaster Assistance Complex Crises Fund Economic Support Fund Democracy Fund Assistance for Europe, Eurasia and Central Asia Migration and Refugee Assistance Millennium Challenge Corporation Provided Provided further (5) Emergency reserve fund Up to $100,000,000 of the funds made available under the heading Global Health Programs Public Law 115–31 Provided (6) Consultation and notification Funds made available by this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (b) Authority Funds appropriated under titles III and IV of this Act that are made available for bilateral assistance for global health programs, including activities relating to research on, and the prevention, treatment, and control of, HIV/AIDS may be made available notwithstanding any other provision of law except for provisions under the heading Global Health Programs 22 U.S.C. 7601 et seq. (c) HIV/AIDS working capital fund Funds available in the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 ( Public Law 108–447 Provided Public Law 108–447 Provided further (d) Family planning and reproductive health Of the funds appropriated under title III of this Act, not less than $650,000,000 shall be made available for family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species. GENDER EQUALITY AND WOMEN’S EMPOWERMENT 7059. (a) In General (1) Gender equality Funds appropriated by this Act shall be made available to promote gender equality in United States Government diplomatic and development efforts by raising the status, increasing the economic participation and opportunities for political leadership, and protecting the rights of women and girls worldwide. (2) Women’s economic empowerment Funds appropriated by this Act shall be made available for programs, projects, and activities that promote and support women’s entrepreneurship and economic empowerment as a core element of each country assistance strategy administered by the Department of State and the United States Agency for International Development. (3) Gender equity and equality action fund Of the funds appropriated under title III of this Act, not less than $200,000,000 should be made available for the Gender Equity and Equality Action Fund. (b) Women’s leadership Of the funds appropriated under title III of this Act, not less than $70,000,000 shall be made available for programs specifically designed to increase leadership opportunities for women in countries where women and girls suffer discrimination due to law, policy, or practice, by strengthening protections for women’s political status, expanding women’s participation in political parties and elections, and increasing women’s opportunities for leadership positions in the public and private sectors at the local, provincial, and national levels. (c) Gender-Based violence (1) Of the funds appropriated under titles III and IV of this Act, not less than $175,000,000 shall be made available to implement a multi-year strategy to prevent and respond to gender-based violence in countries where it is common in conflict and non-conflict settings. (2) Funds appropriated under titles III and IV of this Act that are available to train foreign police, judicial, and military personnel, including for international peacekeeping operations, shall address, where appropriate, prevention and response to gender-based violence and trafficking in persons, and shall promote the integration of women into the police and other security forces. (d) Women, peace, and security Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia International Narcotics Control and Law Enforcement EDUCATION PROGRAMS 7060. (a) Basic Education (1) Of the funds appropriated under title III of this Act, not less than $682,448,000 should be made available for the Nita M. Lowey Basic Education Fund, and such funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries: Provided Provided further (2) Of the funds appropriated under title III of this Act for assistance for basic education programs, not less than $150,000,000 should be made available for contributions to multilateral partnerships that support education. (b) Higher education Of the funds appropriated by title III of this Act, not less than $250,000,000 should be made available for assistance for higher education: Provided Provided further Provided further ENVIRONMENT PROGRAMS 7061. (a) In general Of the funds appropriated under title III of this Act, not less than $1,484,400,000 shall be made available for environment programs. (b) Adaptation programs Of the funds appropriated under title III of this Act, not less than $343,900,000 shall be made available for climate change adaptation programs, including in support of the Indo-Pacific Strategy. (c) Clean energy programs Of the funds appropriated under title III of this Act, not less than $418,200,000 shall be made available for clean energy programs, including in support of carrying out the purposes of the Electrify Africa Act ( Public Law 114–121 (d) Biodiversity conservation (1) Funding Of the funds appropriated under title III of this Act, not less than $405,000,000 shall be made available for biodiversity conservation programs. (2) Tropical forests None of the funds appropriated by this Act may be used to support the expansion of industrial scale logging, agriculture, livestock production, mining, or any other industrial scale activity into areas that were primary/intact tropical forests as of December 30, 2013, and the Secretary of the Treasury shall instruct the United States executive director of each international financial institution (IFI) to use the voice and vote of the United States to oppose any financing of any such activity. (3) Partnership for conservation Funds appropriated by this Act may be made available to support a public-private partnership grant-making entity, if authorized in a subsequent act of Congress, to support the establishment and long-term management of protected areas in developing countries, including terrestrial, coastal and marine protected areas, parks, community conservancies, Indigenous reserves, conservation easements, and biological reserves, and to carry out other effective area-based conservation measures: Provided Provided further (e) Sustainable landscapes Of the funds appropriated under title III of this Act, not less than $232,300,000 should be made available for sustainable landscapes programs. (f) Wildlife poaching and trafficking (1) Funding Of the funds appropriated under titles III and IV of this Act, not less than $125,000,000 shall be made available to combat the transnational threat of wildlife poaching and trafficking, of which not less than $10,000,000 shall be made available to support civil society organizations in developing countries that are working to stop the poaching and trafficking of endangered species, as specified in the explanatory statement accompanying this Act. (2) Limitation None of the funds appropriated under title IV of this Act may be made available for training or other assistance for any military unit or personnel that the Secretary of State determines has been credibly alleged to have participated in wildlife poaching or trafficking, unless the Secretary reports to the appropriate congressional committees that to do so is in the national security interest of the United States. (g) Large dams Funds appropriated by this Act shall not be used to support the construction of any large dam, and the Secretary of the Treasury shall instruct the United States executive director of each IFI to use the voice and vote of the United States, in relation to any loan, grant, credit, guarantee, strategy, or policy of such institution regarding the construction of any large dam, consistent with the criteria specified in the explanatory statement accompanying this Act, while also considering whether the project involves overriding foreign policy objectives. (h) Ocean plastic pollution Of the funds appropriated under title III of this Act, not less than $75,000,000 shall be made available for programs to reduce ocean plastic pollution and other marine debris, including technical assistance for waste management: Provided Provided further Provided further (i) Toxic chemicals Of the funds appropriated under title III of this Act, not less than $10,000,000 shall be made available to support programs to measurably reduce public exposure to lead associated with the unsafe disposal or recycling of lead batteries, contaminated food and cookware, or other sources of lead exposure: Provided (j) Administration of funds Of the funds made available pursuant to subsections (b) and (c), not less than $641,800,000 shall be administered by the USAID Administrator. (k) Authority Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, to support environment programs: Provided (l) Notification Funds made available pursuant to this section shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. SECTOR ALLOCATIONS 7062. (a) Food security and agricultural development Of the funds appropriated under title III of this Act, not less than $1,010,600,000 should be made available for food security and agricultural development programs to carry out the purposes of the Global Food Security Act of 2016 ( Public Law 114–195 Provided Public Law 110–246 Public Law 115–334 (b) Water and sanitation Of the funds appropriated under title III of this Act, not less than $500,000,000 shall be made available for water supply and sanitation projects pursuant to section 136 of the Foreign Assistance Act of 1961, of which not less than $250,000,000 should be made available for programs in sub-Saharan Africa, and of which not less than $17,000,000 shall be used to support initiatives by local communities in developing countries to build and maintain safe latrines. (c) Micro, small, and medium-sized enterprises Of the funds appropriated under title III of this Act, not less than $265,000,000 should be made available to support the development of, and access to financing for, micro, small, and medium-sized enterprises that benefit the poor, especially women. (d) Development programs Of the funds appropriated by this Act under the heading Development Assistance (e) Programs to combat trafficking in persons Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia International Narcotics Control and Law Enforcement International Narcotics Control and Law Enforcement Provided Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia (f) Reconciliation programs Of the funds appropriated by this Act under the heading Development Assistance Provided Provided further Provided further BUDGET DOCUMENTS 7063. (a) Operating plans Not later than 45 days after enactment of this Act, each department, agency, or organization funded in titles I, II, and VI of this Act, and the Department of the Treasury and Independent Agencies funded in title III of this Act, including the Inter-American Foundation and the United States African Development Foundation, shall submit to the Committees on Appropriations an operating plan for funds appropriated to such department, agency, or organization in such titles of this Act, or funds otherwise available for obligation in fiscal year 2022, that provides details of the uses of such funds at the program, project, and activity level: Provided Provided further (b) Spend plans (1) Not later than 90 days after enactment of this Act, the Secretary of State or Administrator of the United States Agency for International Development, as appropriate, shall submit to the Committees on Appropriations a spend plan for funds made available by this Act for— (A) assistance for Colombia, Cuba, Democratic Republic of the Congo, Egypt, El Salvador, Ethiopia, Guatemala, Honduras, Iraq, Jordan, Lebanon, Mexico, Mozambique, Pakistan, Sri Lanka, Sudan, Syria, Tunisia, and Vietnam; (B) assistance made available pursuant to section 7047(d) of this Act to counter Russian influence, except that such plan shall be on a country-by-country basis; (C) assistance made available pursuant to section 7059 of this Act; (D) the Indo-Pacific Strategy and the Countering PRC Influence Fund; (E) environment programs, including adaptation and clean energy programs; (F) democracy programs, education programs, the Power Africa and Prosper Africa initiatives, and sectors enumerated in subsections (a), (b), (c), (e), and (f) of section 7062 of this Act; (G) funds provided under the heading International Narcotics Control and Law Enforcement Provided (H) implementation of the Global Fragility Act of 2019 (title V of division J of Public Law 116–94 (I) the Caribbean Basin Security Initiative; the Central America Regional Security Initiative; the Trans-Saharan Counterterrorism Partnership; the Partnership for Regional East Africa Counterterrorism; the Global Peace Operations Initiative, including Africa Contingency Operations Training and Assistance; the Africa Regional Counterterrorism program; and the Counterterrorism Partnerships Fund. (2) Not later than 90 days after enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Appropriations a detailed spend plan for funds made available by this Act under the heading Department of the Treasury, International Affairs Technical Assistance (c) Clarification The spend plans referenced in subsection (b) shall not be considered as meeting the notification requirements in this Act or under section 634A of the Foreign Assistance Act of 1961. (d) Congressional budget justification The congressional budget justification for Department of State operations and foreign operations shall be provided to the Committees on Appropriations concurrent with the date of submission of the President’s budget for fiscal year 2023: Provided REORGANIZATION OVERSIGHT 7064. (a) Prior consultation and notification Funds appropriated by this Act, prior Acts making appropriations for the Department of State, foreign operations, and related programs, or any other Act may not be used to implement a reorganization, redesign, or other plan described in subsection (b) by the Department of State, the United States Agency for International Development, or any other Federal department, agency, or organization funded by this Act without prior consultation by the head of such department, agency, or organization with the Committees on Appropriations: Provided Provided further Provided further (b) Description of activities Pursuant to subsection (a), a reorganization, redesign, or other plan shall include any action to— (1) expand, eliminate, consolidate, or downsize covered departments, agencies, or organizations, including bureaus and offices within or between such departments, agencies, or organizations, including the transfer to other agencies of the authorities and responsibilities of such bureaus and offices; (2) expand, eliminate, consolidate, or downsize the United States official presence overseas, including at bilateral, regional, and multilateral diplomatic facilities and other platforms; or (3) expand or reduce the size of the permanent Civil Service, Foreign Service, eligible family member, and locally employed staff workforce of the Department of State and USAID from the staffing levels in place as of October 1, 2021. DEPARTMENT OF STATE MANAGEMENT 7065. (a) Working capital fund Funds appropriated by this Act or otherwise made available to the Department of State for payments to the Working Capital Fund may be used for new service centers, and are subject to the regular notification procedures of the Committees on Appropriations. (b) Certification (1) Compliance Not later than 45 days after the initial obligation of funds appropriated under titles III and IV of this Act that are made available to a Department of State bureau or office with responsibility for the management and oversight of such funds, the Secretary of State shall certify and report to the Committees on Appropriations, on an individual bureau or office basis, that such bureau or office is in compliance with Department and Federal financial and grants management policies, procedures, and regulations, as applicable. (2) Considerations When making a certification required by paragraph (1), the Secretary of State shall consider the capacity of a bureau or office to— (A) account for the obligated funds at the country and program level, as appropriate; (B) identify risks and develop mitigation and monitoring plans; (C) establish performance measures and indicators; (D) review activities and performance; and (E) assess final results and reconcile finances. (3) Plan If the Secretary of State is unable to make a certification required by paragraph (1), the Secretary shall submit a plan and timeline detailing the steps to be taken to bring such bureau or office into compliance. (c) Internships The Department of State may offer compensated and uncompensated internships, and select, appoint, employ for not more than 52 weeks, and remove any such compensated intern without regard to the provisions of law governing appointments in the competitive service, notwithstanding any other provision of law. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT 7066. (a) Authority Up to $170,000,000 of the funds made available in title III of this Act pursuant to or to carry out the provisions of part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia (b) Restriction The authority to hire individuals contained in subsection (a) shall expire on September 30, 2023. (c) Program account charged The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which the responsibilities of such individual primarily relate: Provided Operating Expenses (d) Foreign service limited extensions Individuals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of section 309 of the Foreign Service Act of 1980 ( 22 U.S.C. 3949 (e) Disaster surge capacity Funds appropriated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia (f) Personal services contractors Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Food for Peace Act ( Public Law 83–480 7 U.S.C. 1721 et seq. Provided Provided further Public Law 83–480 7 U.S.C. 1721 et seq. (g) Small business In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business. (h) Senior foreign service limited appointments Individuals hired pursuant to the authority provided by section 7059(o) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 (i) Management, oversight, and technical support Of the funds made available by this Act under the heading Development Assistance STABILIZATION AND DEVELOPMENT IN REGIONS IMPACTED BY EXTREMISM AND CONFLICT 7067. (a) Prevention and stabilization fund (1) Funds and transfer authority Of the funds appropriated by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs Peacekeeping Operations Foreign Military Financing Program Public Law 116–94 Provided Provided further (2) Transitional justice Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement Provided Provided further Provided further (b) Global community engagement and resilience fund Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Economic Support Fund Provided (c) Global concessional financing facility Of the funds appropriated by this Act under the heading Economic Support Fund Provided Provided further DEBT-FOR-DEVELOPMENT 7068. In order to enhance the continued participation of nongovernmental organizations in debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization. ENTERPRISE FUNDS 7069. (a) Notification None of the funds made available under titles III through VI of this Act may be made available for Enterprise Funds unless the appropriate congressional committees are notified at least 15 days in advance. (b) Distribution of assets plan Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the appropriate congressional committees a plan for the distribution of the assets of the Enterprise Fund. (c) Transition or operating plan Prior to a transition to and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall submit such transition or operating plan to the appropriate congressional committees. EXTENSION OF CONSULAR FEES AND RELATED AUTHORITIES 7070. (a) Section 1(b)(1) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(1) the costs of providing consular services such costs (b) Section 21009 of the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136 2020, 2021, and 2022 2020 and 2021 (c) Discretionary amounts made available to the Department of State under the heading Administration of Foreign Affairs Provided Provided further (d) In addition to the uses permitted pursuant to section 286(v)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1356(v)(2)(A) (e) Beginning in fiscal year 2022 and for each fiscal year thereafter, fees collected pursuant to subsection (a) of section 1 of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(a) Provided (f) Amounts provided pursuant to subsections (a), (b), and (d) are designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. INCENTIVE FUNDS 7071. (a) Not later than 90 days after enactment of this Act, the Secretary of State and the USAID Administrator shall jointly submit to the Committees on Appropriations recommendations for establishing incentive funds, with benchmarks for measuring progress, for countries receiving United States assistance funded by this Act. (b) The purpose of such funds is to encourage the governments of such countries to adopt, and make consistent progress in implementing, economic and political reforms to promote equitable economic growth and opportunity, strengthen democratic governance, reduce corruption and impunity, protect fundamental rights, and reduce dependency on United States assistance, including, as appropriate— (1) implementing free market and civil service reforms, raising revenue to support public utilities and services, and reducing subsidies; (2) improving transparency and accountability to reduce waste, enhance efficiencies, and prevent conflicts of interest and other corrupt practices related to public service and expenditures; (3) enforcing laws and policies that protect freedom of expression, association, and the press, and the right of due process; and (4) strengthening the independence of the judiciary and of electoral processes. (c) Not later than 45 days after enactment of this Act, the Secretary of State and USAID Administrator shall consult with the Committees on Appropriations on the format and content of the recommendations to be submitted. WAIVER AUTHORITY 7072. The President may waive section 414 of Public Law 101–246 Public Law 103–236 Provided Provided further CONSULAR NOTIFICATION COMPLIANCE 7073. (a) Petition for review (1) Jurisdiction Notwithstanding any other provision of law, a Federal court shall have jurisdiction to review the merits of a petition claiming violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a comparable provision of a bilateral international agreement addressing consular notification and access, filed by an individual convicted and sentenced to death by any Federal or State court before the date of enactment of this Act. (2) Standard To obtain relief, an individual described in paragraph (1) must make a showing of actual prejudice to the criminal conviction or sentence as a result of the violation. The court may conduct an evidentiary hearing if necessary to supplement the record and, upon a finding of actual prejudice, shall order a new trial or sentencing proceeding. (3) Limitations (A) Initial showing To qualify for review under this subsection, a petition must make an initial showing that— (i) a violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a comparable provision of a bilateral international agreement addressing consular notification and access, occurred with respect to the individual described in paragraph (1); and (ii) if such violation had not occurred, the consulate would have provided assistance to the individual. (B) Effect of prior adjudication A petition for review under this subsection shall not be granted if the claimed violation described in paragraph (1) has previously been adjudicated on the merits by a Federal or State court of competent jurisdiction in a proceeding in which no Federal or State procedural bars were raised with respect to such violation and in which the court provided review equivalent to the review provided in this subsection, unless the adjudication of the claim resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the prior Federal or State court proceeding. (C) Filing deadline A petition for review under this subsection shall be filed within 1 year of the later of— (i) the date of enactment of this Act; (ii) the date on which the Federal or State court judgment against the individual described in paragraph (1) became final by the conclusion of direct review or the expiration of the time for seeking such review; or (iii) the date on which the impediment to filing a petition created by Federal or State action in violation of the Constitution or laws of the United States is removed, if the individual described in paragraph (1) was prevented from filing by such Federal or State action. (D) Tolling The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward the 1-year period of limitation. (E) Time limit for review A Federal court shall give priority to a petition for review filed under this subsection over all noncapital matters. With respect to a petition for review filed under this subsection and claiming only a violation described in paragraph (1), a Federal court shall render a final determination and enter a final judgment not later than 1 year after the date on which the petition is filed. (4) Habeas petition A petition for review under this subsection shall be part of the first Federal habeas corpus application or motion for Federal collateral relief under chapter 153 (5) Referral to magistrate A Federal court acting under this subsection may refer the petition for review to a Federal magistrate for proposed findings and recommendations pursuant to 28 U.S.C. 636(b)(1)(B) (6) Appeal (A) In general A final order on a petition for review under paragraph (1) shall be subject to review on appeal by the court of appeals for the circuit in which the proceeding is held. (B) Appeal by petitioner An individual described in paragraph (1) may appeal a final order on a petition for review under paragraph (1) only if a district or circuit judge issues a certificate of appealability. A district or circuit court judge shall issue or deny a certificate of appealability not later than 30 days after an application for a certificate of appealability is filed. A district judge or circuit judge may issue a certificate of appealability under this subparagraph if the individual has made a substantial showing of actual prejudice to the criminal conviction or sentence of the individual as a result of a violation described in paragraph (1). (b) Violation (1) In general An individual not covered by subsection (a) who is arrested, detained, or held for trial on a charge that would expose the individual to a capital sentence if convicted may raise a claim of a violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or of a comparable provision of a bilateral international agreement addressing consular notification and access, at a reasonable time after the individual becomes aware of the violation, before the court with jurisdiction over the charge. Upon a finding of such a violation— (A) the consulate of the foreign state of which the individual is a national shall be notified immediately by the detaining authority, and consular access to the individual shall be afforded in accordance with the provisions of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or the comparable provisions of a bilateral international agreement addressing consular notification and access; and (B) the court— (i) shall postpone any proceedings to the extent the court determines necessary to allow for adequate opportunity for consular access and assistance; and (ii) may enter necessary orders to facilitate consular access and assistance. (2) Evidentiary hearings The court may conduct evidentiary hearings if necessary to resolve factual issues. (3) Rule of construction Nothing in this subsection shall be construed to create any additional remedy. (c) Definitions In this section the term State (d) Applicability The provisions of this section shall apply during the current fiscal year and each fiscal year thereafter. ASSISTANCE FOR FOREIGN NONGOVERNMENTAL ORGANIZATIONS 7074. The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. 104D. Eligibility for assistance Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance under sections 104, 104A, 104B, and 104C, a foreign nongovernmental organization— (1) shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organization with non-United States Government funds if such services— (A) do not violate the laws of the country in which they are being provided; and (B) would not violate United States Federal law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under this part. . RESCISSIONS 7075. (a) Economic support fund Of the unobligated and unexpended balances from amounts made available under the heading Economic Support Fund 22 U.S.C. 2413(a) (b) Millennium challenge corporation Of the unobligated balances from amounts made available under the heading Millennium Challenge Corporation (c) International narcotics control and law enforcement Of the unobligated and unexpended balances from amounts made available under the heading International Narcotics Control and Law Enforcement 22 U.S.C. 2413(a) (d) Peace corps Of the unobligated balances from amounts made available under the heading Peace Corps (e) Embassy security, construction, and maintenance (1) Of the unobligated and unexpended balances from amounts made available under the heading Embassy Security, Construction, and Maintenance Public Law 114–254 (2) Of the unobligated and unexpended balances from amounts available under the heading Embassy Security, Construction, and Maintenance (f) Restriction No amounts may be rescinded from amounts that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. This Act may be cited as the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022

Summary: Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 This bill provides FY2022 appropriations for the Department of State, foreign operations, and related programs. The bill provides appropriations to the State Department for Administration of Foreign Affairs, International Organizations, and International Commissions. The bill provides appropriations for related agencies and programs, including the U.S. Agency for Global Media, the Asia Foundation, the U.S. Institute of Peace, the Center for Middle Eastern-Western Dialogue Trust Fund, the Eisenhower Exchange Fellowship Program, the Israeli Arab Scholarship Program, the East-West Center, and the National Endowment for Democracy. The bill provides appropriations for other commissions, including the Commission for the Preservation of America's Heritage Abroad, the U.S. Commission on International Religious Freedom, the Commission on Security and Cooperation in Europe, the Congressional-Executive Commission on the People's Republic of China, and the U.S.-China Economic and Security Review Commission. The bill provides appropriations to the U.S. Agency for International Development (USAID), the State Department and the President for International Security Assistance, and the President and International Financial Institutions for Multilateral Assistance. The bill provides appropriations for bilateral economic assistance to the President; the State Department; Independent Agencies, including the Peace Corps, the Millennium Challenge Corporation, the Inter-American Foundation, and the U.S. African Development Foundation; and the Department of the Treasury. The bill provides appropriations for export and investment assistance to the Export-Import Bank of the United States, the U.S. International Development Finance Corporation, and the U.S. Trade and Development Agency. The bill sets forth requirements and restrictions for using funds provided by this and other appropriations acts.