277 
tions, on an individual bureau or office basis, that 
such bureau or office is in compliance with Depart-
ment and Federal financial and grants management 
policies, procedures, and regulations, as applicable. 
(2) CONSIDERATIONS.—When making a certifi-
cation required by paragraph (1), the Secretary of 
State shall consider the capacity of a bureau or of-
fice 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 fi-
nances. 
(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 de-
tailing the steps to be taken to bring such bureau 
or office into compliance. 
(c) INTERNSHIPS.—The Department of State may 
offer compensated internships, and select, appoint, employ 
for not more than 52 weeks, and remove any such com-
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pensated intern without regard to the provisions of law 
governing appointments in the competitive service. 
(d) INFORMATION TECHNOLOGY PLATFORM.—None 
of the funds appropriated in title I of this Act under the 
heading ‘‘Administration of Foreign Affairs’’ may be made 
available for a new major information technology (IT) in-
vestment without the concurrence of the Chief Information 
Officer, Department of State. 
UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT MANAGEMENT 
SEC. 7065. (a) AUTHORITY.—Up to $170,000,000 of 
the funds made available in title III of this Act pursuant 
to or to carry out the provisions of part I of the Foreign 
Assistance Act of 1961, including funds appropriated 
under the heading ‘‘Assistance for Europe, Eurasia and 
Central Asia’’, may be used by the United States Agency 
for International Development to hire and employ individ-
uals in the United States and overseas on a limited ap-
pointment basis pursuant to the authority of sections 308 
and 309 of the Foreign Service Act of 1980 (22 U.S.C. 
3948 and 3949). 
(b) RESTRICTION.—The authority to hire individuals 
contained in subsection (a) shall expire on September 30, 
2024. 
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(c) PROGRAM ACCOUNT CHARGED.—The account 
charged for the cost of an individual hired and employed 
under the authority of this section shall be the account 
to which the responsibilities of such individual primarily 
relate: Provided, That funds made available to carry out 
this section may be transferred to, and merged with, funds 
appropriated by this Act in title II under the heading ‘‘Op-
erating Expenses’’. 
(d) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi-
viduals 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 re-
lated programs, pursuant to the authority of section 309 
of the Foreign Service Act of 1980 (22 U.S.C. 3949), may 
be extended for a period of up to 4 years notwithstanding 
the limitation set forth in such section. 
(e) DISASTER
SURGE
CAPACITY.—Funds appro-
priated under title III of this Act to carry out part I of 
the Foreign Assistance Act of 1961, including funds ap-
propriated under the heading ‘‘Assistance for Europe, 
Eurasia and Central Asia’’, may be used, in addition to 
funds otherwise available for such purposes, for the cost 
(including the support costs) of individuals detailed to or 
employed by USAID whose primary responsibility is to 
carry out programs in response to natural disasters, or 
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man-made disasters subject to the regular notification 
procedures of the Committees on Appropriations. 
(f) PERSONAL SERVICES CONTRACTORS.—Funds ap-
propriated by this Act to carry out chapter 1 of part I, 
chapter 4 of part II, and section 667 of the Foreign As-
sistance Act of 1961, and title II of the Food for Peace 
Act (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be 
used by USAID to employ up to 40 personal services con-
tractors in the United States, notwithstanding any other 
provision of law, for the purpose of providing direct, in-
terim support for new or expanded overseas programs and 
activities managed by the agency until permanent direct 
hire personnel are hired and trained: Provided, That not 
more than 15 of such contractors shall be assigned to any 
bureau or office: Provided further, That such funds appro-
priated to carry out title II of the Food for Peace Act 
(Public Law 83–480; 7 U.S.C. 1721 et seq.), may be made 
available only for personal services contractors assigned 
to the Bureau for Humanitarian Assistance. 
(g) SMALL BUSINESS.—In entering into multiple 
award indefinite-quantity contracts with funds appro-
priated 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. 
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(h) SENIOR FOREIGN SERVICE LIMITED APPOINT-
MENTS.—Individuals hired pursuant to the authority pro-
vided by section 7059(o) of the Department of State, For-
eign Operations, and Related Programs Appropriations 
Act, 2010 (division F of Public Law 111–117) may be 
assigned to or support programs in Pakistan with funds 
made available in this Act and prior Acts making appro-
priations for the Department of State, foreign operations, 
and related programs. 
STABILIZATION AND DEVELOPMENT IN REGIONS 
IMPACTED BY EXTREMISM AND CONFLICT 
SEC. 7066. (a) PREVENTION AND STABILIZATION 
FUND.— 
(1) FUNDS
AND
TRANSFER
AUTHORITY.—Of 
the funds appropriated by this Act under the head-
ings ‘‘Economic Support Fund’’, ‘‘International Nar-
cotics Control and Law Enforcement’’, ‘‘Non-
proliferation, Anti-terrorism, Demining and Related 
Programs’’, ‘‘Peacekeeping Operations’’, and ‘‘For-
eign Military Financing Program’’, not less than 
$150,000,000 shall be made available for the pur-
poses of the Prevention and Stabilization Fund, as 
authorized by, and for the purposes enumerated in, 
section 509(a) of the Global Fragility Act of 2019 
(title V of division J of Public Law 116–94), of 
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which $25,000,000 may be made available for the 
Multi-Donor Global Fragility Fund authorized by 
section 510(c) of such Act: Provided, That such 
funds appropriated under such headings may be 
transferred to, and merged with, funds appropriated 
under such headings: Provided further, That such 
transfer authority is in addition to any other trans-
fer authority provided by this Act or any other Act, 
and is subject to the regular notification procedures 
of the Committees on Appropriations. 
(2) TRANSITIONAL JUSTICE.—Of the funds ap-
propriated by this Act under the headings ‘‘Eco-
nomic Support Fund’’ and ‘‘International Narcotics 
Control and Law Enforcement’’ that are made avail-
able for the Prevention and Stabilization Fund, not 
less than $10,000,000 shall be made available for 
programs to promote accountability for genocide, 
crimes against humanity, and war crimes, which 
shall be in addition to any other funds made avail-
able by this Act for such purposes: Provided, That 
such programs shall include components to develop 
local investigative and judicial skills, and to collect 
and preserve evidence and maintain the chain of cus-
tody of evidence, including for use in prosecutions, 
and may include the establishment of, and assistance 
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for, transitional justice mechanisms: Provided fur-
ther, That such funds shall be administered by the 
Special Coordinator for the Office of Global Criminal 
Justice, Department of State, and shall be subject to 
prior consultation with the Committees on Appro-
priations: Provided further, That funds made avail-
able by this paragraph shall be made available on an 
open and competitive basis. 
(b) GLOBAL COMMUNITY ENGAGEMENT AND RESIL-
IENCE FUND.—Funds appropriated by this Act and prior 
Acts making appropriations for the Department of State, 
foreign operations, and related programs under the head-
ing ‘‘Economic Support Fund’’ may be made available to 
the Global Community Engagement and Resilience Fund 
(GCERF), including as a contribution: Provided, That any 
such funds made available for the GCERF shall be made 
available on a cost-matching basis from sources other than 
the United States Government, to the maximum extent 
practicable, and shall be subject to the regular notification 
procedures of the Committees on Appropriations. 
(c) GLOBAL CONCESSIONAL FINANCING FACILITY.— 
Funds appropriated by this Act under the heading ‘‘Eco-
nomic Support Fund’’ may be made available for the Glob-
al Concessional Financing Facility of the World Bank to 
provide financing to support refugees and host commu-
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nities: Provided, That such funds should be in addition 
to funds allocated for bilateral assistance in the report re-
quired by section 653(a) of the Foreign Assistance Act 
of 1961, and may only be made available subject to prior 
to consultation with the Committees on Appropriations: 
Provided further, That such funds may be transferred to 
the Department of the Treasury. 
DEBT-FOR-DEVELOPMENT 
SEC. 7067. In order to enhance the continued partici-
pation of nongovernmental organizations in debt-for-devel-
opment and debt-for-nature exchanges, a nongovern-
mental organization which is a grantee or contractor of 
the United States Agency for International Development 
may place in interest bearing accounts local currencies 
which accrue to that organization as a result of economic 
assistance provided under title III of this Act and, subject 
to the regular notification procedures of the Committees 
on Appropriations, any interest earned on such investment 
shall be used for the purpose for which the assistance was 
provided to that organization: Provided, That such cur-
rencies may not be placed into accounts that accrue inter-
est from holdings of United States Treasury securities. 
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EXTENSION OF CONSULAR FEES AND RELATED 
AUTHORITIES 
SEC. 7068. (a) Section 1(b)(1) of the Passport Act 
of June 4, 1920 (22 U.S.C. 214(b)(1)) shall be applied 
through fiscal year 2023 by substituting ‘‘the costs of pro-
viding consular services’’ for ‘‘such costs’’. 
(b) Section 21009 of the Emergency Appropriations 
for Coronavirus Health Response and Agency Operations 
(division B of Public Law 116–136; 134 Stat. 592) shall 
be applied during fiscal year 2023 by substituting ‘‘2020, 
2021, 2022, and 2023’’ for ‘‘2020, 2021, and 2022’’. 
(c) Discretionary amounts made available to the De-
partment of State under the heading ‘‘Administration of 
Foreign Affairs’’ of this Act, and discretionary unobli-
gated balances under such heading from prior Acts mak-
ing appropriations for the Department of State, foreign 
operations, and related programs, may be transferred to 
the Consular and Border Security Programs account if the 
Secretary of State determines and reports to the Commit-
tees on Appropriations that to do so is necessary to sus-
tain consular operations, following consultation with such 
Committees: Provided, That such transfer authority is in 
addition to any transfer authority otherwise available in 
this Act and under any other provision of law: Provided 
further, That no amounts may be transferred from 
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amounts designated as an emergency requirement pursu-
ant to a concurrent resolution on the budget or the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
(d) In addition to the uses permitted pursuant to sec-
tion 286(v)(2)(A) of the Immigration and Nationality Act 
(8 U.S.C. 1356(v)(2)(A)), for fiscal year 2023, the Sec-
retary of State may also use fees deposited into the Fraud 
Prevention and Detection Account for the costs of pro-
viding consular services. 
(e) Amounts repurposed pursuant to subsections (a), 
(b), and (d) that were previously designated by the Con-
gress as an emergency requirement pursuant to the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
or a concurrent resolution on the budget are designated 
as an emergency requirement pursuant to section 
4001(a)(1) of S. Con. Res. 14 (117th Congress), the con-
current resolution on the budget for fiscal year 2022, and 
section 1(e) of H. Res. 1151 (117th Congress), as en-
grossed in the House of Representatives on June 8, 2022. 
RESCISSION 
(INCLUDING RESCISSION OF FUNDS) 
SEC. 7069. Of the unobligated balances from 
amounts made available under the heading ‘‘Peace Corps’’ 
from prior Acts making appropriations for the Depart-
ment of State, foreign operations, and related programs, 
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$20,000,000 are rescinded: Provided, That no amounts 
may be rescinded from amounts that were previously des-
ignated 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. 
MANAGEMENT OF INTERNATIONAL TRANSBOUNDARY 
WATER POLLUTION 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 7070. In fiscal year 2023 and in each fiscal year 
thereafter— 
(a) The Administrator of the Environmental Protec-
tion Agency (the ‘‘Administrator’’) may transfer amounts 
made available under the heading ‘‘Environmental Protec-
tion Agency—State and Tribal Assistance Grants’’ in the 
USMCA Supplemental Appropriations Act, 2019 (title IX 
of Public Law 116–113) to the International Boundary 
and Water Commission, United States and Mexico (the 
‘‘Commission’’), to support the construction of treatment 
works (as that term is defined in section 212(2) of the 
Federal Water Pollution Control Act (33 U.S.C. 1292(2)), 
that are owned or will be operated by the Commission: 
Provided, That the Commission shall, in consultation with 
the Administrator and subject to the requirements of sec-
tion 513 and 608 of the Federal Water Pollution Control 
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Act (33 U.S.C. 1372 and 1388), use amounts transferred 
pursuant to this section for general, administrative, or 
other costs (including construction management) related 
to the planning, study, design, and construction, of treat-
ment works that, as determined by the Commissioner of 
the Commission, will— 
(1) protect residents in the United States-Mex-
ico border region from water pollution resulting 
from— 
(A) transboundary flows of wastewater, 
stormwater, or other international transbound-
ary water flows originating in Mexico; and 
(B) any inadequacies or breakdowns of 
treatment works in Mexico; and 
(2) provide treatment of the flows and water 
pollution described in subparagraph (A) in compli-
ance with local, State, and Federal law: 
Provided, That the Commission may also use amounts 
transferred pursuant to this section to operate and main-
tain any new treatment work constructed, which shall be 
in addition to any amounts otherwise available to the 
Commission for such purposes. 
(b) The Commission is authorized to enter into an 
agreement with the appropriate official or officials of the 
United States and Mexican States for the operation and 
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maintenance by the Commission of any new treatment 
works, pursuant to subsection (a): Provided, That such 
agreement shall contain a provision relating to the division 
between the two Governments of the costs of such oper-
ation and maintenance, or of the works involved there as 
may be recommended by said Commission and approved 
by the Government of Mexico. 
(c) Nothing in this section modifies, amends, repeals, 
or otherwise limits the authority of the Commission 
under— 
(1) the treaty relating to the utilization of the 
waters of the Colorado and Tijuana Rivers, and of 
the Rio Grande (Rio Bravo) from Fort Quitman, 
Texas, to the Gulf of Mexico, and supplementary 
protocol, signed at Washington February 3, 1944 
(59 Stat. 1219), between the United States and 
Mexico;or 
(2) any other applicable treaty. 
(d) Funds transferred pursuant to subsection (a) 
shall be subject to the regular notification procedures of 
the Committees on Appropriations. 
(e) Amounts repurposed pursuant to this section that 
were previously designated by the Congress as an emer-
gency requirement pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985 or a concurrent 
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resolution on the budget are designated as an emergency 
requirement pursuant to section 4001(a)(1) of S. Con. 
Res. 14 (117th Congress), the concurrent resolution on 
the budget for fiscal year 2022, and section 1(e) of H. 
Res. 1151 (117th Congress), as engrossed in the House 
of Representatives on June 8, 2022. 
WAIVER AUTHORITY 
SEC. 7071. The President may waive section 414 of 
Public Law 101–246 and section 410 of Public Law 103– 
236 with respect to the United Nations Educational, Sci-
entific and Cultural Organization if the President deter-
mines and reports in writing to the Speaker of the House 
of Representatives, the President Pro Tempore of the Sen-
ate, and the appropriate congressional committees that to 
do so would enable the United States to counter Chinese 
influence or to promote other national interests of the 
United States: Provided, That the authority of this section 
shall cease to have effect if, after enactment of this Act, 
the Palestinians obtain the same standing as member 
states or full membership as a state in the United Nations 
or any specialized agency thereof outside an agreement ne-
gotiated between Israel and the Palestinians: Provided fur-
ther, That the authority of this section shall sunset on 
September 30, 2025, unless extended in a subsequent Act 
of Congress. 
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ASSISTANCE FOR FOREIGN NONGOVERNMENTAL 
ORGANIZATIONS 
SEC. 7072. The Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.) is amended by inserting after section 
104C the following: 
‘‘SEC. 104D ELIGIBILITY FOR ASSISTANCE. 
‘‘Notwithstanding any other provision of law, regula-
tion, or policy, in determining eligibility for assistance 
under sections 104, 104A, 104B, and 104C, a foreign non-
governmental organization— 
‘‘(1) shall not be ineligible for such assistance 
solely on the basis of health or medical services, in-
cluding counseling and referral services, provided by 
such organization with non-United States Govern-
ment 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 Fed-
eral law if provided in the United States; and 
‘‘(2) shall not be subject to requirements relat-
ing 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.’’. 
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UKRAINE OVERSIGHT 
SEC. 7073. (a) OVERSIGHT OF DIRECT FINANCIAL 
SUPPORT TO THE GOVERNMENT OF UKRAINE.— 
(1) Funds appropriated by this Act and made 
available to the Government of Ukraine as a cash 
transfer shall be subject to a memorandum of under-
standing that describes how the funds proposed to 
be made available will be used and includes appro-
priate safeguards for transparency and account-
ability: Provided, That such assistance shall be 
maintained in a separate, auditable account and may 
not be commingled with any other funds: Provided 
further, That at least 15 days prior to the initial ob-
ligation of such funds, the Secretary of State or the 
Administrator of the United States Agency for 
International Development, as appropriate, shall 
submit to the appropriate congressional committees 
a report detailing procedures and processes to en-
sure such funds are used by the Government of 
Ukraine in the manner agreed to by such Govern-
ment, including details on the memorandum of un-
derstanding and appropriate safeguards for trans-
parency and accountability required by this para-
graph, if applicable: Provided further, That such re-
port shall be updated every six months following the 
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submission of the first report and shall be submitted 
until funds made available for such direct financial 
support are expended. 
(2) The Secretary of State or the Administrator 
of the United States Agency for International Devel-
opment, as appropriate, shall report to the appro-
priate congressional committees on the uses of any 
funds appropriated by this Act and provided for di-
rect financial support to the Government of Ukraine 
and the results achieved, not later than 90 days 
after the date of enactment of this Act and every 90 
days thereafter until September 30, 2025: Provided, 
That such report shall also include the metrics es-
tablished to measure such results. 
(3) Funds appropriated by this Act and made 
available for direct financial support for the Govern-
ment of Ukraine shall be subject to the regular noti-
fication procedures of the Committees on Appropria-
tions. 
(b) NOTIFICATION
REQUIREMENTS.—Notifications 
required for assistance for Ukraine pursuant to the re-
quirements of this Act or title VI of division N of Public 
Law 117-103 or title V of Public Law 117-128 shall in-
clude the requirements enumerated under this section in 
the report accompanying this Act. 
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(c) INSPECTORS GENERAL.—The Inspectors General 
of the Department of State and United States Agency for 
International Development shall carry out reviews of the 
activities of their respective agencies to execute any funds 
appropriated by this Act for assistance for Ukraine and 
funds appropriated in title VI of division N of Public Law 
117-103 and title V of Public Law 117-128: Provided, 
That the Inspectors General shall coordinate with the In-
spectors General of the Department of Defense and other 
relevant Federal agencies in conducting such oversight: 
Provided further, that the Inspectors General shall provide 
to the appropriate congressional committees an initial 
written report not later than 120 days after the date of 
enactment of this Act. 
(d) REPORTS.— 
(1) The Secretary of State, in coordination with 
the USAID Administrator, shall submit a report, 
not later than 45 days after enactment of this Act 
and every 90 days thereafter until September 30, 
2024, to the appropriate congressional committees 
on funding and other in-kind donations, commod-
ities, and other articles provided to Ukraine by other 
donors after February 24, 2022: Provided, That 
such report shall include funding disaggregated by 
donor, type of assistance, including funds made 
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available for budget support, and shall be displayed 
in United States Dollars. 
(2) The Secretary of State, in coordination with 
the USAID Administrator, shall submit a report, 
not later than 45 days after enactment and every 90 
days thereafter until September 30, 2024 on all as-
sistance provided pursuant to this Act or title VI of 
division N of Public Law 117-103 or title V of Pub-
lic Law 117-128 to Ukraine, including a breakdown 
of programs by funding amount, implementing part-
ner, as appropriate, geographic region, and a sum-
mary of assistance provided. 
PROHIBITION ON FUNDS 
SEC. 7074. None of the funds made available by this 
Act may be made available for the United Nations Inter-
national Commission of Inquiry on the Occupied Pales-
tinian Territory, including East Jerusalem, and Israel. 
IRAN FUNDING PROHIBITIONS 
SEC. 7075. (a) None of the funds made available by 
this Act may be used to implement an agreement with 
Iran relating to the nuclear program of Iran unless such 
agreement has been submitted to Congress for review pur-
suant to the Iran Nuclear Agreement Review Act (Public 
Law 114–17; 129 Stat. 201) after January 20, 2021. 
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(b) None of the funds made available by this Act may 
be used to revoke the designation of the Islamic Revolu-
tionary Guard Corps (IRGC) as a Foreign Terrorist Orga-
nization pursuant to section 219 of the Immigration and 
Nationality Act (8 U.S.C. 1189). 
SEC. 7076. None of the funds made available by this 
Act may be used to fund any work to be performed by 
EcoHealth Alliance, Inc. in China on research supported 
by the government of China unless the Secretary of State 
determines that a waiver to such prohibition is in the na-
tional security interests of the United States and, not later 
than 14 days after granting such a waiver, submits to the 
appropriate congressional committees a detailed justifica-
tion for the waiver, including— 
(1) an identification of the Department of State 
entity obligating or expending the funds; 
(2) an identification of the amount of such 
funds; 
(3) an identification of the intended purpose of 
such funds; 
(4) an identification of the recipient or prospec-
tive recipient of such funds (including any third- 
party entity recipient, as applicable); 
(5) an explanation for how the waiver is in the 
national security interests of the United States; and 
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(6) any other information the Secretary deter-
mines appropriate. 
This Act may be cited as the ‘‘Department of State, 
Foreign Operations, and Related Programs Appropria-
tions Act, 2023’’. 
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Union Calendar No. 309 
117TH CONGRESS 
2D SESSION 
H. R. 8282 
[Report No. 117–401] 
A BILL 
Making appropriations for the Department of 
State, foreign operations, and related programs 
for the fiscal year ending September 30, 2023, 
and for other purposes. 
JULY 1, 2022 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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