[Congressional Record Volume 167, Number 132 (Wednesday, July 28, 2021)]
[House]
[Pages H4108-H4151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2022
Ms. LEE of California. Mr. Speaker, pursuant to House Resolution 567,
I call up the bill (H.R. 4373) making appropriations for the Department
of State, Foreign Operations, and Related Programs for the fiscal year
ending September 30, 2022, and for other purposes, and ask for its
immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Kildee). Pursuant to House Resolution
567, the amendment printed in part C of House Report 117-110 is adopted
and the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 4373
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of
State, foreign operations, and related programs for the
fiscal year ending September 30, 2022, and for other
purposes, namely:
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
Department of State
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,476,977,000,
of which $810,000,000 may remain available until September
30, 2023, and of which up to $4,075,899,000 may remain
available until expended for Worldwide Security Protection:
Provided, That funds made available under this heading shall
be allocated in accordance with paragraphs (1) through (4) as
follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed
$700,000), as authorized by section 801 of the United States
Information and Educational Exchange Act of 1948 (62 Stat.
11; Chapter 36), $3,216,871,000, of which up to $661,240,000
is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,840,143,000.
(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, $956,538,000.
(4) Security programs.--For necessary expenses for security
activities, $3,463,425,000, of which up to $3,414,659,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act, funds
may be reprogrammed within and between paragraphs (1) through
(4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading for
Worldwide Security Protection, not to exceed $50,000,000 may
be transferred to, and merged with, funds made available by
this Act under the heading ``Emergencies in the Diplomatic
and Consular Service'', to be available only for emergency
evacuations and rewards, as authorized: Provided, That the
exercise of the authority provided by this subparagraph shall
be subject to prior consultation with the Committees on
Appropriations.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor
vehicles as authorized by law and, pursuant to section
1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.
(D) Of the amount made available under this heading, except
for amounts designated for Worldwide Security Protection, up
to
[[Page H4109]]
$150,000,000 may be transferred to, and merged with, funds
made available in title I of this Act under the heading
``Capital Investment Fund'': Provided, That the exercise of
the authority provided by this subparagraph shall be subject
to prior consultation with the Committees on Appropriations.
consular and border security programs
For necessary expenses for consular and border security
programs, $320,000,000, to remain available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $275,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$91,458,000, of which $13,718,000 may remain available until
September 30, 2023: Provided, That funds appropriated under
this heading are made available notwithstanding section
209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for
Afghanistan Reconstruction (SIGAR) for reconstruction
oversight, $54,900,000, to remain available until September
30, 2023: Provided, That funds appropriated under this
heading that are made available for the printing and
reproduction costs of SIGAR shall not exceed amounts for such
costs during the prior fiscal year.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $750,000,000, to remain available
until expended, of which not less than $275,000,000 shall be
for the Fulbright Program and not less than $114,860,000
shall be for Citizen Exchange Program: Provided, That fees
or other payments received from, or in connection with,
English teaching, educational advising and counseling
programs, and exchange visitor programs as authorized may be
credited to this account, to remain available until expended:
Provided further, That a portion of the Fulbright awards
from the Eurasia and Central Asia regions shall be designated
as Edmund S. Muskie Fellowships: Provided further, That
funds appropriated under this heading that are made available
for the Benjamin Gilman International Scholarships Program
shall also be made available for the John S. McCain Scholars
Program, pursuant to section 7075 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6): Provided further,
That funds appropriated under this heading shall be made
available for the Community Engagement Exchange Program as
described under the heading ``Civil Society Exchange
Program'' in Senate Report 116-126: Provided further, That
any substantive modifications from the prior fiscal year to
programs funded by this Act under this heading shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,415,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable
the Secretary of State to provide for extraordinary
protective services, as authorized, $30,890,000, to remain
available until September 30, 2023.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for real property that
are owned or leased by the Department of State, and
renovating, in addition to funds otherwise available, the
Harry S Truman Building, $850,722,000, to remain available
until September 30, 2026, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized:
Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies
of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,144,727,000,
to remain available until expended.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, as authorized, $8,885,000, to remain
available until expended, of which not to exceed $1,000,000
may be transferred to, and merged with, funds appropriated by
this Act under the heading ``Repatriation Loans Program
Account''.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$4,937,742.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $32,583,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees
collected from other executive agencies for lease or use of
facilities at the International Center in accordance with
section 4 of the International Center Act (Public Law 90-
553), and, in addition, as authorized by section 5 of such
Act, $743,000, to be derived from the reserve authorized by
such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate,
conventions, or specific Acts of Congress, $1,662,928,000, of
which $96,240,000 may remain available until September 30,
2023: Provided, That the Secretary of State shall, at the
time of the submission of the President's budget to Congress
under section 1105(a) of title 31, United States Code,
transmit to the Committees on Appropriations the most recent
biennial budget prepared by the United Nations for the
operations of the United Nations: Provided further, That the
Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an
emergency, as far in advance as is practicable) of any United
Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere
in the United Nations budget: Provided further, That any
payment of arrearages under this heading shall be directed to
activities that are mutually agreed upon by the United States
and the respective international organization and shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That none of
the funds appropriated under this heading shall be available
for a United States contribution to an international
organization for the United States share of interest costs
made known to the United States Government by such
organization for loans incurred on or after October 1, 1984,
through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $1,928,614,000, of which $818,542,000 may remain
available until September 30, 2023: Provided, That none of
the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping
mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable), the
Committees on Appropriations are notified of: (1) the
estimated cost and duration of the mission, the objectives of
the mission, the national interest that will be served, and
the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the
cost of the new or expanded mission, and the estimated cost
in future fiscal years: Provided further, That none of the
funds appropriated under this heading may be made available
for obligation unless the Secretary of State certifies and
reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent
United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking
in persons, exploiting victims of trafficking, or committing
acts of sexual exploitation and abuse or other violations of
human rights, and to hold accountable individuals who engage
in such acts while participating in such mission, including
prosecution in their home countries and making information
about such prosecutions publicly available on the website of
the United Nations: Provided further, That the Secretary of
State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement
effective vetting procedures to ensure that such troops have
not violated human rights: Provided further, That funds
shall be available for peacekeeping expenses unless the
Secretary of State determines that United States
manufacturers and suppliers are not being given opportunities
to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further, That
none of the funds appropriated or otherwise made available
under this heading may be used for any United Nations
peacekeeping mission that will involve United States Armed
Forces under the command or operational control of a foreign
national, unless the President's military advisors have
submitted to the President a recommendation that such
involvement is in the national interest of the United States
and the President has submitted to Congress such a
recommendation: Provided further, That any payment of
arrearages with funds appropriated by this Act shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That such
funds may be made available above the amount authorized in
section 404(b)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, as amended (22 U.S.C. 287e note):
Provided further, That funds appropriated or otherwise made
available under this heading may be made available above the
amount authorized in section 404(b)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995, as
amended (22 U.S.C. 287e note).
[[Page H4110]]
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,
$51,970,000, of which $7,466,000 may remain available until
September 30, 2023.
construction
For detailed plan preparation and construction of
authorized projects, $56,800,000, to remain available until
expended, as authorized: Provided, That of the funds
appropriated under this heading in this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs for the United States
Section, up to $5,000,000 may be transferred to, and merged
with, funds appropriated under the heading ``Salaries and
Expenses'' to carry out the purposes of the United States
Section, which shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations: Provided further, That such transfer
authority is in addition to any other transfer authority
provided in this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and for technical assistance grants and the
Community Assistance Program of the North American
Development Bank, $15,008,000: Provided, That of the amount
provided under this heading for the International Joint
Commission, up to $1,250,000 may remain available until
September 30, 2023, and up to $9,000 may be made available
for representation expenses: Provided further, That of the
amount provided under this heading for the International
Boundary Commission, up to $1,000 may be made available for
representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $62,846,000: Provided, That the United States share of
such expenses may be advanced to the respective commissions
pursuant to section 3324 of title 31, United States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency
for Global Media (USAGM), as authorized, to carry out
international communication activities, and to make and
supervise grants for radio, Internet, and television
broadcasting to the Middle East, $809,147,000: Provided,
That in addition to amounts otherwise available for such
purposes, up to $42,034,000 of the amount appropriated under
this heading may remain available until expended for
satellite transmissions and Internet freedom programs, of
which not less than $22,000,000 shall be for Internet freedom
programs: Provided further, That of the total amount
appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be
used for such expenses within the United States as
authorized, and not to exceed $30,000 may be used for
representation expenses of Radio Free Europe/Radio Liberty:
Provided further, That funds appropriated under this heading
shall be made available in accordance with the principles and
standards set forth in section 303(a) and (b) of the United
States International Broadcasting Act of 1994 (22 U.S.C.
6202) and section 305(b) of such Act (22 U.S.C. 6204):
Provided further, That the USAGM Chief Executive Officer
shall notify the Committees on Appropriations within 15 days
of any determination by the USAGM that any of its broadcast
entities, including its grantee organizations, provides an
open platform for international terrorists or those who
support international terrorism, or is in violation of the
principles and standards set forth in section 303(a) and (b)
of such Act or the entity's journalistic code of ethics:
Provided further, That in addition to funds made available
under this heading, and notwithstanding any other provision
of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts
from cooperating international organizations, and up to
$1,000,000 in receipts from privatization efforts of the
Voice of America and the International Broadcasting Bureau,
shall remain available until expended for carrying out
authorized purposes: Provided further, That significant
modifications to USAGM broadcast hours previously justified
to Congress, including changes to transmission platforms
(shortwave, medium wave, satellite, Internet, and
television), for all USAGM language services shall be subject
to the regular notification procedures of the Committees on
Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television,
and digital transmission and reception, including to Cuba, as
authorized; and physical security worldwide, in addition to
amounts otherwise available for such purposes, $9,700,000, to
remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $20,000,000, to remain
available until expended.
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.), $45,000,000, to remain
available until September 30, 2023, which shall not be used
for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004 (22
U.S.C. 2078), the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2022, to
remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2022, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by section 5376 of title 5, United States
Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations,
including the restrictions on compensation for personal
services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452 note), all interest and earnings accruing to the
Israeli Arab Scholarship Fund on or before September 30,
2022, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $19,700,000.
Leadership Institute for Transatlantic Engagement
For the necessary expenses of the Leadership Institute for
Transatlantic Engagement, $2,000,000, to remain available
until September 30, 2023: Provided, That such funds shall
only be made available if legislation specifically
establishing such institute is enacted into law.
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), $300,000,000,
to remain available until expended, of which $195,840,000
shall be allocated in the traditional and customary manner,
including for the core institutes, and $104,160,000 shall be
for democracy programs: Provided, That the requirements of
section 7061(a) of this Act shall not apply to funds made
available under this heading.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $642,000, as
authorized by chapter 3123 of title 54, United States Code:
Provided, That the Commission may procure temporary,
intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2022:
Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such
authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C.
6431 et seq.), $4,500,000, to remain available until
September 30, 2023, including not more than $4,000 for
representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22
U.S.C. 3001 et seq.), $2,908,000, including not more than
$4,000 for representation expenses, to remain available until
September 30, 2023.
Congressional-executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized
by title III of the U.S.-China Relations Act of 2000 (22
U.S.C. 6911 et
[[Page H4111]]
seq.), $2,250,000, including not more than $3,000 for
representation expenses, to remain available until September
30, 2023.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $4,000,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2023: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through fifth provisos under this
heading in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of
Public Law 111-117) shall continue in effect during fiscal
year 2022 and shall apply to funds appropriated under this
heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,455,918,000, of which up to $218,388,000 may remain
available until September 30, 2023: Provided, That none of
the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made
available to finance the construction (including architect
and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified
such proposed use of funds in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds
appropriated under this heading may entail commitments for
the expenditure of such funds through the following fiscal
year: Provided further, That the authority of sections 610
and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of
those sections: Provided further, That of the funds
appropriated or made available under this heading, not to
exceed $250,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be
available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID
during the current fiscal year.
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $258,200,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds
appropriated under this heading shall be available subject to
the regular notification procedures of the Committees on
Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$76,500,000, of which up to $11,475,000 may remain available
until September 30, 2023, for the Office of Inspector General
of the United States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $4,561,450,000, to
remain available until September 30, 2023, and which shall be
apportioned directly to the United States Agency for
International Development: Provided, That this amount shall
be made available for training, equipment, and technical
assistance to build the capacity of public health
institutions and organizations in developing countries, and
for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; (6)
disaster preparedness training for health crises; (7)
programs to prevent, prepare for, and respond to,
unanticipated and emerging global health threats, including
zoonotic diseases; and (8) family planning/reproductive
health: Provided further, That funds appropriated under this
paragraph may be made available for a United States
contribution to The GAVI Alliance.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $6,080,000,000, to remain available until September 30,
2026, which shall be apportioned directly to the Department
of State: Provided, That funds appropriated under this
paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25), for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria (Global
Fund): Provided further, That the amount of such
contribution shall be $1,560,000,000: Provided further, That
up to 5 percent of the aggregate amount of funds made
available to the Global Fund in fiscal year 2022 may be made
available to USAID for technical assistance related to the
activities of the Global Fund, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated under this
paragraph, up to $18,000,000 may be made available, in
addition to amounts otherwise available for such purposes,
for administrative expenses of the Office of the United
States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of
1961, $4,075,097,000, to remain available until September 30,
2023.
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.
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,
$92,043,000, to remain available until expended: Provided,
That such support may include assistance to develop,
strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the
peaceful resolution of conflict: Provided further, That the
USAID Administrator shall submit a report to the Committees
on Appropriations at least 5 days prior to beginning a new,
or terminating a, program of assistance: Provided further,
That if the Secretary of State determines that it is
important to the national interest of the United States to
provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the
funds appropriated by this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961 may be used for
purposes of this heading and under the authorities applicable
to funds appropriated under this heading: Provided further,
That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with
the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of
section 509(b) of the Global Fragility Act of 2019 (title V
of division J of Public Law 116-94), $40,000,000, to remain
available until expended: Provided, That funds appropriated
under this heading may be made available notwithstanding any
other provision of law, except sections 7007, 7008, and 7018
of this Act and section 620M of the Foreign Assistance Act of
1961: Provided further, That funds appropriated under this
heading shall be apportioned directly to the United States
Agency for International Development.
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$3,635,231,000, 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),
$190,450,000, to remain available until September 30, 2023,
which shall be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds
appropriated under this heading that are made available to
the National Endowment for Democracy and its core institutes
are in addition to amounts otherwise available by this Act
for such purposes: Provided further, That the Assistant
Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations
prior to the initial obligation of funds appropriated under
this paragraph.
For an additional amount for such purposes, $100,250,000,
to remain available until September 30, 2023, which shall be
made available for the Bureau for Development, Democracy, and
Innovation, United States Agency for International
Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act
(Public Law 102-511), and the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179),
[[Page H4112]]
$788,929,000, to remain available until September 30, 2023,
which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and
related programs for countries identified in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801) and section 3(c) of the
SEED Act of 1989 (22 U.S.C. 5402), in addition to funds
otherwise available for such purposes: Provided, That funds
appropriated by this Act under the headings ``Global Health
Programs'', ``Economic Support Fund'', and ``International
Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be
administered in accordance with the responsibilities of the
coordinator designated pursuant to section 102 of the FREEDOM
Support Act and section 601 of the SEED Act of 1989:
Provided further, That funds appropriated under this heading
shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making
available the administrative authorities contained in that
Act for the use of economic assistance: Provided further,
That funds appropriated under this heading may be made
available for contributions to multilateral initiatives to
counter hybrid threats.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to
enable the Secretary of State to carry out the provisions of
section 2(a) and (b) of the Migration and Refugee Assistance
Act of 1962 (22 U.S.C. 2601), and other activities to meet
refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980 (22 U.S.C. 3901 et seq.); allowances as
authorized by sections 5921 through 5925 of title 5, United
States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United
States Code, $3,845,000,000, to remain available until
expended, of which not less than $35,000,000 shall be made
available to respond to small-scale emergency humanitarian
requirements and $5,000,000 shall be made available for
refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962 (22 U.S.C. 2601(c)), $100,000, to remain available until
expended: Provided, That amounts in excess of the limitation
contained in paragraph (2) of such section shall be
transferred to, and merged with, funds made available by this
Act under the heading ``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501 et seq.), including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$430,500,000, of which $6,330,000 is for the Office of
Inspector General, to remain available until September 30,
2023: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may
not be derived from amounts made available for Peace Corps
overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may
be available for representation expenses, of which not to
exceed $4,000 may be made available for entertainment
expenses: Provided further, That in addition to the
requirements under section 7015(a) of this Act, the Peace
Corps shall consult with the Committees on Appropriations
prior to any decision to open, close, or suspend a domestic
or overseas office or a country program unless there is a
substantial risk to volunteers or other Peace Corps
personnel.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.)
(MCA), $912,000,000, to remain available until expended:
Provided, That of the funds appropriated under this heading,
up to $115,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation: Provided
further, That section 605(e) of the MCA (22 U.S.C. 7704(e))
shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading
may be made available for a Millennium Challenge Compact
entered into pursuant to section 609 of the MCA (22 U.S.C.
7708) only if such Compact obligates, or contains a
commitment to obligate subject to the availability of funds
and the mutual agreement of the parties to the Compact to
proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact:
Provided further, That no country should be eligible for a
threshold program after such country has completed a country
compact: Provided further, That of the funds appropriated
under this heading, not to exceed $100,000 may be available
for representation and entertainment expenses, of which not
to exceed $5,000 may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$44,500,000, to remain available until September 30, 2023:
Provided, That of the funds appropriated under this heading,
not to exceed $2,000 may be available for representation
expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h
et seq.), $43,000,000, to remain available until September
30, 2023, of which not to exceed $2,000 may be available for
representation expenses: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for
the purposes for which the grant was made: Provided further,
That notwithstanding section 505(a)(2) of the African
Development Foundation Act (22 U.S.C. 290h-3(a)(2)), in
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section
with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely
to foreign currency fluctuation: Provided further, That the
USADF shall submit a report to the appropriate congressional
committees after each time such waiver authority is
exercised: Provided further, That the USADF may make rent or
lease payments in advance from appropriations available for
such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions:
Provided further, That the USADF may maintain bank accounts
outside the United States Treasury and retain any interest
earned on such accounts, in furtherance of the purposes of
the African Development Foundation Act: Provided further,
That the USADF may not withdraw any appropriation from the
Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$38,000,000, to remain available until expended, of which not
more than $9,500,000 may be used for administrative expenses:
Provided, That amounts made available under this heading may
be made available to contract for services as described in
section 129(d)(3)(A) of the Foreign Assistance Act of 1961,
without regard to the location in which such services are
performed.
debt restructuring
For ``Bilateral Economic Assistance--Department of the
Treasury--Debt Restructuring'' there is appropriated
$52,000,000, to remain available until September 30, 2023,
for the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees
for, or credits extended to, such countries as the President
may determine, including the costs of selling, reducing, or
cancelling amounts owed to the United States, pursuant to the
``Common Framework for Debt Treatments beyond the Debt
Service Suspension Initiative (DSSI)'', and for reducing
interest rates paid by any country eligible for the DSSI:
Provided, That such amounts may be used notwithstanding any
other provision of law.
In addition, 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, 2023.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $1,395,573,000, to remain
available until September 30, 2023: Provided, That the
Department of State may use the authority of section 608 of
the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing
such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated
under this heading shall be made available to support
training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial
authorities, utilizing regional partners: Provided further,
That funds made available under this heading that are
transferred to another department, agency, or instrumentality
of the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a)
of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds made available under this heading for
Program Development and Support may be made available
notwithstanding pre-obligation requirements contained in this
Act, except for the notification requirements of section
7015.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs
[[Page H4113]]
and activities, $889,247,000, to remain available until
September 30, 2023, to carry out the provisions of chapter 8
of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support
Act (22 U.S.C. 5854), section 23 of the Arms Export Control
Act (22 U.S.C. 2763), or the Foreign Assistance Act of 1961
for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That
funds made available under this heading for the
Nonproliferation and Disarmament Fund shall be made
available, notwithstanding any other provision of law and
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
to promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and
shall remain available until expended: Provided further,
That such funds may also be used for such countries other
than the Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be
made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to
participate in the activities of that Agency: Provided
further, That funds made available for conventional weapons
destruction programs, including demining and related
activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of such programs and activities,
subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$460,759,000, of which $325,213,000 shall remain available
until September 30, 2023: Provided, That funds appropriated
under this heading may be used, notwithstanding section 660
of the Foreign Assistance Act of 1961, to provide assistance
to enhance the capacity of foreign civilian security forces,
including gendarmes, to participate in peacekeeping
operations: Provided further, That of the funds appropriated
under this heading, not less than $25,000,000 shall be made
available for a United States contribution to the
Multinational Force and Observers mission in the Sinai and
not less than $71,000,000 shall be made available for the
Global Peace Operations Initiative: Provided further, That
funds appropriated under this heading may be made available
to pay assessed expenses of international peacekeeping
activities in Somalia under the same terms and conditions, as
applicable, as funds appropriated by this Act under the
heading ``Contributions for International Peacekeeping
Activities'': Provided further, That none of the funds
appropriated under this heading shall be obligated except as
provided through the regular notification procedures of the
Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$112,925,000, of which up to $56,463,000 may remain available
until September 30, 2023: Provided, That the civilian
personnel for whom military education and training may be
provided under this heading may include civilians who are not
members of a government whose participation would contribute
to improved civil-military relations, civilian control of the
military, or respect for human rights: Provided further,
That of the funds appropriated under this heading, up to
$3,000,000 may remain available until expended to increase
the participation of women in programs and activities funded
under this heading, following consultation with, and the
regular notification procedures of, the Committees on
Appropriations: Provided further, That of the funds
appropriated under this heading, not to exceed $50,000 may be
available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act (22 U.S.C. 2763), $6,175,524,000: Provided, That
to expedite the provision of assistance to foreign countries
and international organizations, the Secretary of State,
following consultation with the Committees on Appropriations
and subject to the regular notification procedures of such
Committees, may use the funds appropriated under this heading
to procure defense articles and services to enhance the
capacity of foreign security forces: Provided further, That
of the funds appropriated under this heading, not less than
$3,300,000,000 shall be available for grants only for Israel
which shall be disbursed within 30 days of enactment of this
Act: Provided further, That to the extent that the
Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading
shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less
than $785,300,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That funds
appropriated or otherwise made available under this heading
shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further,
That funds made available under this heading shall be
obligated upon apportionment in accordance with paragraph
(5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurement has first signed an agreement with the
United States Government specifying the conditions under
which such procurement may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 7015 of this Act:
Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and
related activities, and may include activities implemented
through nongovernmental and international organizations:
Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize
funds made available under this heading for procurement of
defense articles, defense services, or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided
further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That
not more than $70,000,000 of the funds appropriated under
this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for
the general costs of administering military assistance and
sales, except that this limitation may be exceeded only
through the regular notification procedures of the Committees
on Appropriations: Provided further, That of the funds made
available under this heading for general costs of
administering military assistance and sales, not to exceed
$4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses:
Provided further, That not more than $1,186,853,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for
expenses incurred by the Department of Defense during fiscal
year 2022 pursuant to section 43(b) of the Arms Export
Control Act (22 U.S.C. 2792(b)), except that this limitation
may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961,
$477,100,000: Provided, That section 307(a) of the Foreign
Assistance Act of 1961 shall not apply to contributions to
the United Nations Democracy Fund: Provided further, That
such funds shall be made available for core contributions for
each entity listed in the table under this heading in the
report accompanying this Act.
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, $1,600,000,000 to remain available
until expended.
contribution to the clean technology fund
For contribution to the Clean Technology Fund,
$200,000,000, to remain available until expended, which shall
be available to cover the costs, as defined in section 502 of
the Congressional Budget Act of 1974, of direct loans issued
to the Clean Technology Fund: Provided, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans without limitation.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury for the
United States share of the paid-in portion of the increases
in capital stock, $206,500,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not
to exceed $1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,001,400,000, to remain
available until expended.
[[Page H4114]]
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.
contribution to the international monetary fund
For contribution to the Poverty Reduction and Growth Trust
(PRGT) or other special purpose vehicle of the International
Monetary Fund (IMF) by the Secretary of the Treasury,
$102,000,000, to remain available until September 30, 2031:
Provided, That these funds shall be available to cover the
cost, as defined in section 502 of the Congressional Budget
Act of 1974, of loans made by the Secretary of the Treasury
to the PRGT or other special purpose vehicle of the IMF:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans
not to exceed 15,000,000,000 Special Drawing Rights: Provided
further, That section 5(f) of the Bretton Woods Agreements
Act (22 U.S.C. 286c(f)) shall not apply to any loans made by
the Secretary of the Treasury to the PRGT or other special
purpose vehicle of the IMF on or prior to September 30, 2031:
Provided further, That the Exchange Stabilization Fund and
the financing account corresponding to transactions with the
IMF are authorized to enter into such transactions as
necessary to effectuate loans denominated in Special Drawing
Rights to the PRGT or other special purpose vehicle of the
IMF.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $6,500,000, of which up to $975,000
may remain available until September 30, 2023.
program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to
make expenditures, contracts, or commitments for the export
of nuclear equipment, fuel, or technology to any country,
other than a nuclear-weapon state as defined in Article IX of
the Treaty on the Non-Proliferation of Nuclear Weapons
eligible to receive economic or military assistance under
this Act, that has detonated a nuclear explosive after the
date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to
exceed $30,000 for official reception and representation
expenses for members of the Board of Directors, not to exceed
$114,000,000, of which up to $17,100,000 may remain available
until September 30, 2023: Provided, That the Export-Import
Bank (the Bank) may accept, and use, payment or services
provided by transaction participants for legal, financial, or
technical services in connection with any transaction for
which an application for a loan, guarantee or insurance
commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export
Enhancement Act of 1992, subsection (a) of such section shall
remain in effect until September 30, 2022: Provided further,
That the Bank shall charge fees for necessary expenses
(including special services performed on a contract or fee
basis, but not including other personal services) in
connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets
acquired by the Bank in satisfaction of moneys owed the Bank,
or the investigation or appraisal of any property, or the
evaluation of the legal, financial, or technical aspects of
any transaction for which an application for a loan,
guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided
further, That in addition to other funds appropriated for
administrative expenses, such fees shall be credited to this
account for such purposes, to remain available until
expended.
program budget appropriations
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, not to exceed
$5,000,000, to remain available until September 30, 2025:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
funds shall remain available until September 30, 2037, for
the disbursement of direct loans, loan guarantees, insurance
and tied-aid grants obligated in fiscal years 2022, 2023,
2024, and 2025.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945 (Public Law 79-173) and the Federal Credit Reform Act
of 1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from
the General Fund shall be reduced on a dollar-for-dollar
basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund
estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $2,800,000, to remain available
until September 30, 2023.
corporate capital account
The United States International Development Finance
Corporation (the Corporation) is authorized to make such
expenditures and commitments within the limits of funds and
borrowing authority available to the Corporation, and in
accordance with the law, and to make such expenditures and
commitments without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the programs for the current
fiscal year for the Corporation: Provided, That for
necessary expenses of the activities described in subsections
(b), (c), (e), (f), and (g) of section 1421 of the BUILD Act
of 2018 (division F of Public Law 115-254) and for
administrative expenses to carry out authorized activities
and project-specific transaction costs described in section
1434(d) of such Act, $598,000,000: Provided further, That of
the amount provided--
(1) $148,000,000 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) $450,000,000 shall remain available until September 30,
2024, for the activities described in subsections (b), (c),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018,
except such amounts obligated in a fiscal year for activities
described in section 1421(c) of such Act shall remain
available for disbursement for the term of the underlying
project: Provided further, That if the term of the project
extends longer than 10 fiscal years, the Chief Executive
Officer of the Corporation shall inform the appropriate
congressional committees prior to the obligation or
disbursement of funds, as applicable: Provided further, That
amounts made available under this paragraph may be paid to
the ``United States International Development Finance
Corporation--Program Account'' for programs authorized by
subsections (b), (e), (f), and (g) of section 1421 of the
BUILD Act of 2018:
Provided further, That funds may only be obligated pursuant
to section 1421(g) of the BUILD Act of 2018 subject to prior
consultation with the appropriate congressional committees
and the regular notification procedures of the Committees on
Appropriations: Provided further, That in fiscal year 2022
collections of amounts described in section 1434(h) of the
BUILD Act of 2018 shall be credited as offsetting collections
to this appropriation: Provided further, That such
collections collected in fiscal year 2022 in excess of
$598,000,000 shall be credited to this account and shall be
available in future fiscal years only to the extent provided
in advance in appropriations Acts: Provided further, That in
fiscal year 2022, if such collections are less than
$598,000,000, receipts collected pursuant to the BUILD Act of
2018 and the Federal Credit Reform Act of 1990, in an amount
equal to such shortfall, shall be credited as offsetting
collections to this appropriation: Provided further, That
funds appropriated or otherwise made available under this
heading may not be used to provide any type of assistance
that is otherwise prohibited by any other provision of law or
to provide assistance to any foreign country that is
otherwise prohibited by any other provision of law: Provided
further, That the sums herein appropriated from the General
Fund shall be reduced on a dollar-for-dollar basis by the
offsetting collections described under this heading so as to
result in a final fiscal year appropriation from the General
Fund estimated at $125,588,000.
program account
Amounts paid from ``United States International Development
Finance Corporation--Corporate Capital Account'' (CCA) shall
remain available until September 30, 2024: Provided, That up
to $500,000,000 of amounts paid to this account from CCA or
transferred to this account pursuant to section 1434(j) of
the BUILD Act of 2018 (division F of Public Law 115-254)
shall be available for the costs of direct and guaranteed
loans provided by the Corporation pursuant to
[[Page H4115]]
section 1421(b) of such Act and costs of modifying loans
transferred to the Corporation pursuant to section 1463 of
such Act: Provided further, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That such amounts obligated in a fiscal year shall
remain available for disbursement for the following 8 fiscal
years: Provided further, That the total loan principal or
guaranteed principal amount shall not exceed $8,000,000,000.
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$79,500,000, to remain available until September 30, 2023, of
which no more than $19,000,000 may be used for administrative
expenses: Provided, That of the funds appropriated under
this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59
of title 5, United States Code; for services as authorized by
section 3109 of such title and for hire of passenger
transportation pursuant to section 1343(b) of title 31,
United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative
unobligated balances and obligated, but unexpended, balances
by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in
fiscal year 2022 or any previous fiscal year, disaggregated
by fiscal year: Provided, That the report required by this
section shall be submitted not later than 30 days after the
end of each fiscal quarter and should specify by account the
amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under
title I of this Act for any consulting service through
procurement contract, pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued
pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (title
VI of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G
of that Act), as amended by section 111 of the Department of
State Authorities Act, Fiscal Year 2017 (Public Law 114-323),
a project to construct a facility of the United States may
include office space or other accommodations for members of
the United States Marine Corps.
(b) New Diplomatic Facilities.--For the purposes of
calculating the fiscal year 2022 costs of providing new
United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the
Secretary of State, in consultation with the Director of the
Office of Management and Budget, shall determine the annual
program level and agency shares in a manner that is
proportional to the contribution of the Department of State
for this purpose.
(c) Consultation and Notification.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, which may be made available for the acquisition of
property or award of construction contracts for overseas
United States diplomatic facilities during fiscal year 2022,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection
shall include the information enumerated under the heading
``Embassy Security, Construction, and Maintenance'' in the
report accompanying this Act.
(d) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation
with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United
States diplomatic facilities abroad, including physical
security upgrades and local guard staffing.
(2) Consultation.--Notwithstanding any other provision of
law, the opening, closure, or any significant modification to
an interim or temporary United States diplomatic facility
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is
a security risk to personnel.
(e) Soft Targets.--Funds appropriated by this Act under the
heading ``Embassy Security, Construction, and Maintenance'',
shall be made available for security upgrades to soft
targets, including schools, recreational facilities, and
residences used by United States diplomatic personnel and
their dependents.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary
resources available under title I to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a
reprogramming of funds under section 7015 of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before enactment of this Act
by Congress: Provided, That up to $25,000 may be made
available to carry out the provisions of section 316 of the
International Security and Development Cooperation Act of
1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance, and guarantees of
the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance to the government of any country whose duly
elected head of government is deposed by military coup d'etat
or decree or, after the date of enactment of this Act, a coup
d'etat or decree in which the military plays a decisive role:
Provided, That assistance may be resumed to such government
if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the
termination of assistance a democratically elected government
has taken office: Provided further, That the provisions of
this section shall not apply to assistance to promote
democratic elections or public participation in democratic
processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on
Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency
for Global Media.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for
the Department of State under title I of this Act may be
transferred between, and merged with, such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to increase
the appropriation under the heading ``Representation
Expenses''.
(B) Embassy security.--Funds appropriated under the
headings ``Diplomatic Programs'', including for Worldwide
Security Protection, ``Embassy Security, Construction, and
Maintenance'', and ``Emergencies in the Diplomatic and
Consular Service'' in this Act may be transferred to, and
merged with, funds appropriated under such headings if the
Secretary of State determines and reports to the Committees
on Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board,
for emergency evacuations, or to prevent or respond to
security situations and requirements, following consultation
with, and subject to the regular notification procedures of,
such Committees: Provided, That such transfer authority is
in addition to any transfer authority otherwise available in
this Act and under any other provision of law.
(2) United states agency for global media.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the United States Agency for Global Media
under title I of this Act may be transferred between, and
merged with, such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other
appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized
elsewhere in, this Act, funds appropriated by this Act to
carry out the purposes of the Foreign Assistance Act of 1961
may be allocated or transferred to agencies of the United
States Government pursuant to the
[[Page H4116]]
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961, and section 1434(j) of the BUILD Act
of 2018 (division F of Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department
of State with any department, agency, or instrumentality of
the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$1,000,000 and any agreement made pursuant to section 632(a)
of such Act, with funds appropriated by this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That the requirement in the previous sentence shall
not apply to agreements entered into between USAID and the
Department of State.
(c) Limitation on United States International Development
Finance Corporation.--
(1) Limitation.--Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 (division F of Public Law
115-254) may only be transferred from funds made available
under title III of this Act, and such amounts shall not
exceed $50,000,000: Provided, That any such transfers shall
be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Chief Executive Officer of the United
States International Development Finance Corporation (the
Corporation), as appropriate, shall ensure that the programs
funded by such transfers are coordinated with, and
complement, foreign assistance programs implemented by the
Department of State and USAID: Provided further, That no
funds transferred pursuant to such authority may be used by
the Corporation to post personnel abroad or for activities
described in section 1421(c) of the BUILD Act of 2018.
(2) Exception.--Funds appropriated under the heading
``Economic Support Fund'' directed to implement the Nita M.
Lowey Middle East Partnership for Peace Act by application of
section 7019 of this Act and section 7019 of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260)
shall be excluded from the limitation on transfers contained
in paragraph (1) of this subsection and in section 7009(c) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2021 (division K of Public Law
116-260).
(d) Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be
obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than
5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to
the Committees on Appropriations.
(e) Audit of Inter-Agency Transfers of Funds.--Any
agreement for the transfer or allocation of funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs entered into between the Department of State or
USAID and another agency of the United States Government
under the authority of section 632(a) of the Foreign
Assistance Act of 1961, or any comparable provision of law,
shall expressly provide that the Inspector General (IG) for
the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the
receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and
report to the Department of State or USAID, as appropriate,
upon completion of such audits: Provided, That such audits
shall be transmitted to the Committees on Appropriations by
the Department of State or USAID, as appropriate: Provided
further, That funds transferred under such authority may be
made available for the cost of such audits.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by
employees of United States Government departments and
agencies funded by this Act in contravention of section 301-
10.122 through 301-10.124 of title 41, Code of Federal
Regulations.
(b) Computer Networks.--None of the funds made available by
this Act for the operating expenses of any United States
Government department or agency may be used to establish or
maintain a computer network for use by such department or
agency unless such network has filters designed to block
access to sexually explicit websites: Provided, That nothing
in this subsection shall limit the use of funds necessary for
any Federal, State, tribal, or local law enforcement agency,
or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such
websites undertaken as part of official business.
(c) 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.
(d) Email Servers Outside the .gov Domain.--None of the
funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II that are made available to the Department
of State and the United States Agency for International
Development may be made available to support the use or
establishment of email accounts or email servers created
outside the .gov domain or not fitted for automated records
management as part of a Federal government records management
program in contravention of the Presidential and Federal
Records Act Amendments of 2014 (Public Law 113-187).
(e) 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.
(f) Limitations on Entertainment Expenses.--None of the
funds appropriated or otherwise made available by this Act
under the headings ``International Military Education and
Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings
``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' may be obligated or expended to
pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided by this Act: Provided, That funds appropriated for
the purposes of chapters 1 and 8 of part I, section 661,
chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control
Act (22 U.S.C. 2763), and funds made available for ``United
States International Development Finance Corporation'' and
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods
of availability contained in this Act: Provided further,
That notwithstanding any other provision of this Act, any
funds made available for the purposes of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of
1961 which are allocated or obligated for cash disbursements
in order to address balance of payments or economic policy
reform objectives, shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their
respective periods of availability contained in this Act:
Provided further, That the Secretary of State and the
Administrator of the United States Agency for International
Development shall provide a report to the Committees on
Appropriations not later than October 31, 2022, detailing by
account and source year, the use of this authority during the
previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in
default during a period in excess of 1 calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultation with the Committees on Appropriations, that
assistance for such country is in the national interest of
the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided
unless such agreement includes a provision stating that
assistance provided by the United States shall be exempt from
taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States
Agency for International Development shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as
necessary, to conform with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An
amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2022 on funds appropriated by this Act and
[[Page H4117]]
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign
government or entity against United States assistance
programs, either directly or through grantees, contractors,
and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2023 and
for prior fiscal years and allocated for the central
government of such country or for the West Bank and Gaza
program, as applicable, if, not later than September 30,
2023, such taxes have not been reimbursed: Provided, That
the Secretary of State shall report to the Committees on
Appropriations not later than 30 days after enactment of this
Act and then quarterly thereafter until September 30, 2022,
on the foreign governments and entities that have not
reimbursed such taxes, including any amount of funds withheld
pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which
do not assess taxes on United States assistance or which have
an effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement of
such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior
to exercising the authority of this subsection with regard to
any foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and
update rules, regulations, or policy guidance, as
appropriate, to implement the prohibition against the
taxation of assistance contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges
and immunities applicable to United States foreign assistance
for such country generally, or an individual agreement
between the Government of the United States and such
government that describes, among other things, the treatment
for tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under
titles III through VI of this Act which are specifically
designated may be reprogrammed for other programs within the
same account notwithstanding the designation if compliance
with the designation is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) Extension of Availability.--In addition to the
authority contained in subsection (a), the original period of
availability of funds appropriated by this Act and
administered by the Department of State or the United States
Agency for International Development that are specifically
designated for particular programs or activities by this or
any other Act may be extended for an additional fiscal year
if the Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds
can be obligated during the original period of availability:
Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated
funding levels contained in this Act shall not be applicable
to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically
so directs: Provided, That specifically designated funding
levels or minimum funding requirements contained in any other
Act shall not be applicable to funds appropriated by this
Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs,
Projects, and Activities.--None of the funds made available
in titles I, II, and VI, and under the headings ``Peace
Corps'' and ``Millennium Challenge Corporation'', of this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs to the
departments and agencies funded by this Act that remain
available for obligation in fiscal year 2022, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees or of currency reflows or
other offsetting collections, or made available by transfer,
to the departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on
Appropriations or such Committees are notified 15 days in
advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the
funds provided under titles I, II, and VI of this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, to the departments
and agencies funded under such titles that remain available
for obligation in fiscal year 2022, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the department and agency
funded under title I of this Act, shall be available for
obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made
available by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``International
Organizations and Programs'', ``Trade and Development
Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Peacekeeping Operations'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Millennium
Challenge Corporation'', ``Foreign Military Financing
Program'', ``International Military Education and Training'',
``United States International Development Finance
Corporation'', and ``Peace Corps'', shall be available for
obligation for programs, projects, activities, type of
materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of
these specific headings unless the Committees on
Appropriations are notified 15 days in advance of such
obligation: Provided, That the President shall not enter
into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional
ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That requirements of this
subsection or any similar provision of this or any other Act
shall not apply to any reprogramming for a program, project,
or activity for which funds are appropriated under titles III
through VI of this Act of less than 10 percent of the amount
previously justified to Congress for obligation for such
program, project, or activity for the current fiscal year:
Provided further, That any notification submitted pursuant to
subsection (f) of this section shall include information (if
known on the date of transmittal of such notification) on the
use of notwithstanding authority.
(d) Department of Defense Programs and Funding
Notifications.--
(1) Programs.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any
Act making or authorizing appropriations for the Department
of Defense, unless the Secretary of State, in consultation
with the Secretary of Defense and in accordance with the
regular notification procedures of the Committees on
Appropriations, submits a justification to such Committees
that includes a description of, and the estimated costs
associated with, the support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the
Department of State and the United States Agency for
International Development for assistance for foreign
countries and international organizations shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same
conditions as other committees pursuant to subsection (f) of
that section: Provided, That before issuing a letter of
offer to sell excess defense articles under the Arms Export
Control Act, the Department of Defense shall
[[Page H4118]]
notify the Committees on Appropriations in accordance with
the regular notification procedures of such Committees if
such defense articles are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or
are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific
countries that would receive such excess defense articles:
Provided further, That such Committees shall also be informed
of the original acquisition cost of such defense articles.
(e) Waiver.--The requirements of this section or any
similar provision of this Act or any other Act, including any
prior Act requiring notification in accordance with the
regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would pose
a substantial risk to human health or welfare: Provided,
That in case of any such waiver, notification to the
Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking
the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be
obligated or expended for assistance for Afghanistan,
Bahrain, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador,
Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon,
Libya, Mexico, Nicaragua, Pakistan, Philippines, the Russian
Federation, Somalia, South Sudan, Sri Lanka, Sudan, Syria,
Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided
through the regular notification procedures of the Committees
on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made
available in title III of this Act and prior Acts making
funds available for the Department of State, foreign
operations, and related programs that are made available for
a trust fund held by an international financial institution
shall be subject to the regular notification procedures of
the Committees on Appropriations and such notification shall
include the information specified under this section in the
report accompanying this Act.
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under title I
of this Act under the heading ``Diplomatic Programs'' that
are made available for lateral entry into the Foreign Service
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of
the Committees on Appropriations:
(A) the Global Engagement Center, except that the Secretary
of State shall consult with the Committees on Appropriations
prior to submitting such notification;
(B) the Prosper Africa initiative;
(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 Global Security Contingency Fund;
(G) the Countering PRC Influence Fund and the Countering
Russian Influence Fund; and
(H) 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.
(i) Withholding of Funds.--Funds appropriated by this Act
under titles III and IV that are withheld from obligation or
otherwise not programmed as a result of application of a
provision of law in this or any other Act shall, if
reprogrammed, be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Prior Consultation Requirement.--The Secretary of
State, the Administrator of the United States Agency for
International Development, the Chief Executive Officer of the
United States International Development Finance Corporation,
and the Chief Executive Officer of the Millennium Challenge
Corporation shall consult with the Committees on
Appropriations at least 7 days prior to informing a
government of, or publically announcing a decision on, the
suspension or early termination of assistance to a country or
a territory, including as a result of an interagency review
of such assistance, from funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs: Provided, That
such consultation shall include a detailed justification for
such suspension, including a description of the assistance
being suspended.
documents, report posting, records management, and related
cybersecurity protections
Sec. 7016. (a) Document Requests.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act shall be available to a nongovernmental
organization, including any contractor, which fails to
provide upon timely request any document, file, or record
necessary to the auditing requirements of the Department of
State and the United States Agency for International
Development.
(b) Public Posting of Reports.--
(1) Except as provided in paragraphs (2) and (3), any
report required by this Act to be submitted to Congress by
any Federal agency receiving funds made available by this Act
shall be posted on the public Web site of such agency not
later than 45 days following the receipt of such report by
Congress.
(2) Paragraph (1) shall not apply to a report if--
(A) the public posting of the report would compromise
national security, including the conduct of diplomacy;
(B) the report contains proprietary or other privileged
information; or
(C) the public posting of the report is specifically
exempted in the report accompanying this Act.
(3) The agency posting such report shall do so only after
the report has been made available to the Committees on
Appropriations.
(c) Records Management and Related Cybersecurity
Protections.--The Secretary of State and USAID Administrator
shall--
(1) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes,
regulations, and presidential executive orders and memoranda
concerning the preservation of all records made or received
in the conduct of official business, including record emails,
instant messaging, and other online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II, as appropriate, to improve Federal
records management pursuant to the Federal Records Act (44
U.S.C. Chapters 21, 29, 31, and 33) and other applicable
Federal records management statutes, regulations, or policies
for the Department of State and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong
to the Federal Government;
(4) substantially reduce, compared to the previous fiscal
year, the response time for identifying and retrieving
Federal records, including requests made pursuant to section
552 of title 5, United States Code (commonly known as the
``Freedom of Information Act''); and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control
of national security information, and implement the
recommendations of the applicable reports of the cognizant
Office of Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to
comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program or policy.
prohibition on funding for involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of 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 involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection
(b), funds appropriated by this Act under titles III through
V shall be made available at not less than the amounts
specifically designated in the respective tables included in
the report accompanying this Act: Provided, That such
designated amounts for foreign countries and international
organizations shall serve as the amounts for such countries
and international organizations transmitted to Congress in
the report required by section 653(a) of the Foreign
Assistance Act of 1961, and shall be made available for such
foreign countries and international organizations
notwithstanding the date of the transmission of such report.
(b) Authorized Deviations Below Minimum Levels.--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 report accompanying this
Act: Provided, That such percentage may be exceeded only if
the Secretary of State and USAID Administrator, as
applicable, determines and reports to the Committees on
Appropriations on a case-by-case basis that such deviation is
necessary to respond to significant, exigent, or unforeseen
events or to address other exceptional circumstances directly
related to the national security interest of the United
States: Provided further, That deviations pursuant to the
previous proviso shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
[[Page H4119]]
(c) Limitation.--For specifically designated amounts that
are included, pursuant to subsection (a), in the report
required by section 653(a) of the Foreign Assistance Act of
1961, deviations authorized by subsection (b) may only take
place after submission of such report.
(d) Exceptions.--Subsections (a) and (b) shall not apply
to--
(1) amounts designated for ``International Military
Education and Training''in the respective tables included in
the report accompanying this Act;
(2) funds for which the initial period of availability has
expired; and
(3) amounts designated by this Act as minimum funding
requirements.
(e) Reports.--The Secretary of State, USAID Administrator,
and other designated officials, as appropriate, shall submit
the reports required, in the manner described, in the report
accompanying this Act.
(f) Clarification.--Funds appropriated by this Act under
the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall not be included
for purposes of meeting amounts designated for countries in
this Act, unless such headings are specifically designated as
the source of funds.
multi-year pledges
Sec. 7020. None of the funds appropriated or otherwise
made available by this Act may be used to make any pledge for
future year funding for any multilateral or bilateral program
funded in titles III through VI of this Act unless such
pledge meets one or more of the requirements enumerated under
section 7066 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F of
Public Law 116-6).
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this
Act may be made available to any foreign government which
provides lethal military equipment to a country the
government of which the Secretary of State has determined
supports international terrorism for purposes of section
1754(c) of the Export Reform Control Act of 2018 (50 U.S.C.
4813(c)): Provided, That the prohibition under this section
with respect to a foreign government shall terminate 12
months after that government ceases to provide such military
equipment: Provided further, That this section applies with
respect to lethal military equipment provided under a
contract entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if
the President determines that to do so is important to the
national interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed
explanation of the assistance to be provided, the estimated
dollar amount of such assistance, and an explanation of how
the assistance furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, shall not be made available
to any foreign government which the President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6212), and section 504(a)(1) of the National Security Act of
1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
``Economic Support Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', and ``Foreign Military Financing
Program'' accounts, ``program, project, and activity'' shall
also be considered to include country, regional, and central
program level funding within each such account, and for the
development assistance accounts of the United States Agency
for International Development, ``program, project, and
activity'' shall also be considered to include central,
country, regional, and program level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
the report required by section 653(a) of the Foreign
Assistance Act of 1961 or as modified pursuant to section
7019 of this Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited,
the agency shall consult with the Committees on
Appropriations and report to such Committees within 15 days
of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act for direct assistance and none of the funds
otherwise made available to the Export-Import Bank and the
United States International Development Finance Corporation
shall be obligated or expended to finance any loan, any
assistance, or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply
to the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or
training in connection with the growth or production in a
foreign country of an agricultural commodity for export which
would compete with a similar commodity grown or produced in
the United States: Provided, That this subsection shall not
prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(c) International Financial Institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of the international financial institutions to use
the voice and vote of the United States to oppose any
assistance by such institutions, using funds appropriated or
otherwise made available by this Act, for the production or
extraction of any commodity or mineral for export, if it is
in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 under agreements which result in the generation of
local currencies of that country, the Administrator of the
United States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
[[Page H4120]]
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case
may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
(as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the United
States Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'':
Provided, That before using the authority of this subsection
to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular
notification procedures, including a description of the
program to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2022, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Food for Peace Act (Public Law 83-480; 7 U.S.C.
1721 et seq.): Provided, That none of the funds appropriated
to carry out title I of such Act and made available pursuant
to this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition
for Local Entities.--Funds appropriated by this Act that are
made available to the United States Agency for International
Development may only be made available for limited
competitions through local entities if--
(1) prior to the determination to limit competition to
local entities, USAID has--
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included in such
competition; and
(B) documented the written results of the assessment and
decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined to be
responsible in accordance with USAID guidelines; and
(B) effective monitoring and evaluation systems are in
place to ensure that award funding is used for its intended
purposes; and
(3) no level of acceptable fraud is assumed.
(b) Extension of Procurement Authority.--Section 7077 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law
112-74) shall continue in effect during fiscal year 2022.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use
the voice of the United States to encourage such institution
to adopt and implement a publicly available policy, including
the strategic use of peer reviews and external experts, to
conduct independent, in-depth evaluations of the
effectiveness of at least 35 percent of all loans, grants,
programs, and significant analytical non-lending activities
in advancing the institution's goals of reducing poverty and
promoting equitable economic growth, consistent with relevant
safeguards, to ensure that decisions to support such loans,
grants, programs, and activities are based on accurate data
and objective analysis.
(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) Human Rights.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to promote human rights due diligence
and risk management, as appropriate, in connection with any
loan, grant, policy, or strategy of such institution in
accordance with the requirements specified under this
subsection in the report accompanying this Act.
(e) Fraud and Corruption.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to include in loan, grant, and other financing
agreements improvements in borrowing countries' financial
management and judicial capacity to investigate, prosecute,
and punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to use the voice
of the United States to encourage such institution to
collect, verify, and publish, to the maximum extent
practicable, beneficial ownership information (excluding
proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that
receives funds from any such financial institution.
(g) Whistleblower Protections.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to use the voice
of the United States to encourage 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
the policies and procedures detailed under this section in
the report accompanying this Act.
insecure communications networks
Sec. 7030. Funds appropriated by this Act shall be made
available for programs, including through the Digital
Connectivity and Cybersecurity Partnership, to--
[[Page H4121]]
(1) advance the adoption of secure, next-generation
communications networks and services, including 5G, and
cybersecurity policies, in countries receiving assistance
under this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs;
(2) counter the establishment of insecure communications
networks and services, including 5G, promoted by the People's
Republic of China and other state-backed enterprises that are
subject to undue or extrajudicial control by their country of
origin; and
(3) provide policy and technical training on deploying
open, interoperable, reliable, and secure networks to
information communication technology professionals in
countries receiving assistance under this Act, as
appropriate:
Provided, That such funds may be used to support the
participation of foreign military officials in programs
designed to strengthen civilian cybersecurity capacity,
following consultation with the Committees on Appropriations.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-
Government Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if the requirements included in section 7031(a)(1)(A)
through (E) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F of
Public Law 116-6) are fully met.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made
available for direct government-to-government assistance
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That such notification shall contain an
explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000
and all funds available for cash transfer, budget support,
and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or
the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such misuse
has been appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2023 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of
any foreign country for debt service payments owed by any
country to any international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen
the ``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall
make or update any determination of ``significant progress''
or ``no significant progress'' in meeting the minimum
requirements of fiscal transparency, and make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of State
website: Provided, That such report shall include the
elements included under this section in the report
accompanying this Act.
(3) Assistance.--Not less than $7,000,000 of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their immediate
family members about whom the Secretary of State has credible
information have been involved, directly or indirectly, in
significant corruption, including corruption related to the
extraction of natural resources, or a gross violation of
human rights, including the wrongful detention of locally
employed staff of a United States diplomatic mission or a
United States citizen or national, shall be ineligible for
entry into the United States.
(B) The Secretary shall also publicly or privately
designate or identify the officials of foreign governments
and their immediate family members about whom the Secretary
has such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible for
entry into the United States pursuant to paragraph (1) if
such entry would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations
Headquarters Agreement: Provided, That nothing in paragraph
(1) shall be construed to derogate from United States
Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver
would serve a compelling national interest or that the
circumstances which caused the individual to be ineligible
have changed sufficiently.
(4) Report.--Not later than 30 days after enactment of this
Act, and every 90 days thereafter until September 30, 2022,
the Secretary of State shall submit a report, including a
classified annex if necessary, to the appropriate
congressional committees and the Committees on the Judiciary
describing the information related to corruption or violation
of human rights concerning each of the individuals found
ineligible in the previous 12 months pursuant to paragraph
(1)(A) as well as the individuals who the Secretary
designated or identified pursuant to paragraph (1)(B), or who
would be ineligible but for the application of paragraph (2),
a list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) Clarification.--For purposes of paragraphs (1), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States
pertaining to the issuance or refusal of visas or permits to
enter the United States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2052) and the amendments made
by such section, and to prevent the sale of conflict
diamonds, and provide technical assistance to promote
independent audit mechanisms and support civil society
participation in natural resource management.
(2) Public disclosure and independent audits.--(A) The
Secretary of the Treasury shall instruct the executive
director of each international financial institution that it
is the policy of the United States 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 to meet the standards included
under this section in the report accompanying this Act.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of such subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this
Act under titles I and II, and funds made available for any
independent agency in title III, as appropriate, shall be
made available to support the provision of additional
information on United States Government foreign assistance on
the ``ForeignAssistance.gov'' website: Provided, That all
Federal agencies funded under this Act shall provide such
information on foreign assistance, upon request and in a
timely manner, to the Department of State and USAID.
democracy programs
Sec. 7032. (a) Funding.--Of the funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Democracy Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', and ``International Narcotics
Control and Law Enforcement'', not less than $2,517,000,000
shall be made available for democracy programs.
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ``National Endowment for Democracy'' may be made
available notwithstanding any other provision of law, and
with regard to the National Endowment for Democracy (NED),
any regulation.
(2) Beneficiaries.--Funds made available by this Act for
the NED are made available pursuant to the authority of the
National Endowment for Democracy Act (title V of Public Law
98-164), including all decisions regarding the selection of
beneficiaries.
(c) Definition of Democracy Programs.--For purposes of
funds appropriated by this Act, the term ``democracy
programs'' means programs that support good governance,
credible and competitive elections, freedom of expression,
association, assembly, and religion, human rights, labor
rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political
parties, governments, nongovernmental organizations and
institutions, and citizens to support the development of
democratic states and institutions that are responsive and
accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant
to this section that are made available for programs to
strengthen government
[[Page H4122]]
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law.
(e) Restriction on Prior Approval.--With respect to the
provision of assistance for democracy programs in this Act,
the organizations implementing such assistance, the specific
nature of that assistance, and the participants in such
programs shall not be subject to the prior approval by the
government of any foreign country: Provided, That the
Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, shall
report to the Committees on Appropriations, not later than
120 days after enactment of this Act, detailing steps taken
by the Department of State and USAID to comply with the
requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall
continue to implement civil society and political competition
and consensus building programs abroad with funds
appropriated by this Act in a manner that recognizes the
unique benefits of grants and cooperative agreements in
implementing such programs.
(g) 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 by funds made available by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
(h) Protection of Civil Society Activists and
Journalists.--Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'',
not less than $25,000,000 shall be made available to support
and protect civil society activists and journalists who have
been threatened, harassed, or attacked, including journalists
affiliated with the United States Agency for Global Media,
consistent with the action plan required under this section
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), and on
the same terms and conditions of section 7032(i) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2018 (division K of Public Law 115-141).
(i) International Freedom of Expression.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Diplomatic Programs'' shall be made available for
the Bureau of Democracy, Human Rights, and Labor, Department
of State, for the costs of administering programs designed to
promote and defend freedom of expression and the independence
of the media in countries where such freedom and independence
are restricted or denied.
(2) Assistance.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$15,000,000 shall be made available for programs that promote
and defend freedom of expression and the independence of the
media abroad: Provided, That such funds are in addition to
funds otherwise made available by this Act for such purposes,
and are intended to complement emergency and safety programs
for civil society, including journalists and media outlets at
risk: Provided further, That such funds shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(j) Promotion of Labor Rights.--
(1) Assistance.--Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Democracy Fund''
shall be made available for implementation of labor programs
that support labor rights, strengthen independent worker
organizing, and build capacity in collective bargaining
through partnership with relevant stakeholders that
demonstrate an expertise on labor rights promotion: Provided,
That such funds shall be subject to the prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(2) Report.--Not later than 90 days after enactment of this
Act, the USAID Administrator shall submit a report to the
appropriate congressional committees detailing steps taken,
or planned to be taken, by USAID to build expertise and
capacity within the agency on implementing such labor
programs in addition to providing a description of current
implementation efforts.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--
Funds appropriated by this Act under the heading ``Diplomatic
Programs'' shall be made available for the Office of
International Religious Freedom, Department of State,
including for support staff, at not less than the amounts
specified for such office in the table under such heading in
the report accompanying this Act.
(b) Assistance.--Funds appropriated by this Act under the
headings ``Economic Support Fund'', ``Democracy Fund'', and
``International Broadcasting Operations'' shall be made
available for international religious freedom programs and
funds appropriated by this Act under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian
assistance for vulnerable and persecuted religious
minorities: Provided, That funds made available by this Act
under the headings ``Economic Support Fund'' and ``Democracy
Fund'' pursuant to this section shall be the responsibility
of the Ambassador-at-Large for International Religious
Freedom, in consultation with other relevant United States
Government officials, and shall be subject to prior
consultation with the Committees on Appropriations.
(c) Authority.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Economic Support Fund'' may be made available
notwithstanding any other provision of law for assistance for
ethnic and religious minorities in Iraq and Syria.
(d) Designation of Non-State Actors.--Section 7033(e) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law
115-31) shall continue in effect during fiscal year 2022.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in title III of this
Act that are made available for victims of war, displaced
children, displaced Burmese, and to combat trafficking in
persons and assist victims of such trafficking, may be made
available notwithstanding any other provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $15,500,000 shall be
made available for forensic anthropology assistance related
to the exhumation and identification of victims of war
crimes, crimes against humanity, and genocide, including in
Central America, which shall be administered by the Assistant
Secretary for Democracy, Human Rights, and Labor, Department
of State: Provided, That such funds shall be in addition to
funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs for assistance for
countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $10,000,000 shall be made available for DNA
forensic technology programs to combat human trafficking in
Central America and Mexico.
(c) Atrocities Prevention.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'', not
less than $5,000,000 shall be made available for programs to
prevent atrocities, including to implement recommendations of
the Atrocities Prevention Board: Provided, That funds made
available pursuant to this subsection are in addition to
amounts otherwise made available for such purposes: Provided
further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations.
(d) World Food Programme.--Funds managed by the Bureau for
Humanitarian Assistance, United States Agency for
International Development, from this or any other Act, may be
made available as a general contribution to the World Food
Programme, notwithstanding any other provision of law.
(e) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' shall be made available to carry out the
Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union as authorized
by the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the headings ``Economic Support Fund'' and ``Assistance
for Europe, Eurasia and Central Asia'' may be made available
as contributions to establish and maintain memorial sites of
genocide, subject to the regular notification procedures of
the Committees on Appropriations.
(3) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, up to $50,000,000 may remain available
until September 30, 2024: Provided, That funds made
available pursuant to this paragraph may only be made
available following prior consultation with the appropriate
congressional committees, and the regular notification
procedures of the Committees on Appropriations.
(4) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic
Programs'', up to $500,000 may be made available for grants
pursuant to section 504 of the Foreign Relations
Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d),
including to facilitate collaboration with indigenous
communities, and up to $1,500,000 may be made available for
grants to carry out the activities of the Cultural
Antiquities Task Force.
(5) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions
of section 7034(e)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6): Provided, That each
individual award may not exceed $100,000: Provided further,
That no more than 15 such awards may be made during fiscal
year 2022.
(6) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act of
1961 (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
through the formal rulemaking process pursuant to the
Administrative Procedure Act (5 U.S.C. 551 et seq.) and
notwithstanding the exceptions to such rulemaking process in
such Act: Provided, That funds made available for such
purpose shall only be made available after consultation with,
and subject to the regular notification procedures of, the
Committees on Appropriations, regarding how any proposed
modification would affect the public
[[Page H4123]]
diplomacy goals of, and the estimated economic impact on, the
United States: Provided further, That such consultation
shall take place not later than 30 days prior to the
publication in the Federal Register of any regulatory action
modifying the Exchange Visitor Program.
(7) Development innovation ventures.--Funds appropriated by
this Act under the heading ``Development Assistance'' and
made available for the Development Innovation Ventures
program may be made available for the purposes of chapter I
of part I of the Foreign Assistance Act of 1961.
(8) Export-import bank.--
(A) Section 6(a)(3) of the Export-Import Bank Act of 1945
(12 U.S.C. 635e(a)(3)) shall be applied through September 30,
2022 by substituting ``4 percent'' for ``2 percent'' in each
place it appears.
(B) Section 8(g) of the Export-Import Bank Act of 1945 (12
U.S.C. 635g(g)) shall be applied through September 30, 2022
by substituting ``4 percent'' for ``2 percent'' in each place
it appears.
(f) Partner Vetting.--Prior to initiating a partner vetting
program, or making a significant change to the scope of an
existing partner vetting program, the Secretary of State and
USAID Administrator, as appropriate, shall consult with the
Committees on Appropriations: Provided, That the Secretary
and the Administrator shall provide a direct vetting option
for prime awardees in any partner vetting program initiated
or significantly modified after the date of enactment of this
Act, unless the Secretary of State or USAID Administrator, as
applicable, informs the Committees on Appropriations on a
case-by-case basis that a direct vetting option is not
feasible for such program.
(g) Contingencies.--During fiscal year 2022, the President
may use up to $150,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(h) International Child Abductions.--The Secretary of State
should withhold funds appropriated under title III of this
Act for assistance for the central government of any country
that is not taking appropriate steps to comply with the
Convention on the Civil Aspects of International Child
Abductions, done at the Hague on October 25, 1980: Provided,
That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(i) Transfer of Funds for Extraordinary Protection.--The
Secretary of State may transfer to, and merge with, funds
under the heading ``Protection of Foreign Missions and
Officials'' unobligated balances of expired funds
appropriated under the heading ``Diplomatic Programs'' for
fiscal year 2022 at no later than the end of the fifth fiscal
year after the last fiscal year for which such funds are
available for the purposes for which appropriated: Provided,
That not more than $50,000,000 may be transferred.
(j) Authority.--Funds made available by this Act under the
heading ``Economic Support Fund'' to counter extremism may be
made available notwithstanding any other provision of law
restricting assistance to foreign countries, except sections
502B, 620A, and 620M of the Foreign Assistance Act of 1961:
Provided, That the use of the authority of this subsection
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations.
(k) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--The terms and
conditions of section 7034(k) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2020 (division G of Public Law 116-94) shall continue in
effect during fiscal year 2022.
(l) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2022'' for ``September 30,
2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through
September 30, 2022.
(3) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ``September 30,
2022'' for ``October 1, 2010'' in subparagraph (B).
(4) Overseas pay comparability and limitation.--(A) Subject
to the limitation described in subparagraph (B), the
authority provided by section 1113 of the Supplemental
Appropriations Act, 2009 (Public Law 111-32) shall remain in
effect through September 30, 2022.
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009 (Public Law 111-32)) a locality-based comparability
payment (stated as a percentage) that exceeds two-thirds of
the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such member
under section 5304 of title 5, United States Code, if such
member's official duty station were in the District of
Columbia.
(5) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2021'' and
inserting ``2021, and 2022''; and
(ii) in subsection (e), by striking ``2021'' each place it
appears and inserting ``2022''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by striking
``2021'' and inserting ``2022''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental
Appropriations Act, 2010 (Public Law 111-212) shall remain in
effect through September 30, 2022, and may be used to
facilitate the assignment of persons for oversight of
programs in Syria, South Sudan, Yemen, Somalia, and
Venezuela.
(7) Accountability review boards.--The authority provided
by section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain
in effect for facilities in Afghanistan through September 30,
2022, except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(8) 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.
(9) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2022.
(10) Department of state inspector general waiver
authority.--The Inspector General of the Department of State
may waive the provisions of subsections (a) through (d) of
section 824 of the Foreign Service Act of 1980 (22 U.S.C.
4064) on a case-by-case basis for an annuitant reemployed by
the Inspector General on a temporary basis, subject to the
same constraints and in the same manner by which the
Secretary of State may exercise such waiver authority
pursuant to subsection (g) of such section.
(m) Monitoring and Evaluation.--
(1) Beneficiary feedback.--Funds appropriated by this Act
that are made available for monitoring and evaluation of
assistance under the headings ``Development Assistance'',
``International Disaster Assistance'', and ``Migration and
Refugee Assistance'' shall be made available for the regular
and systematic collection of feedback obtained directly from
beneficiaries to enhance the quality and relevance of such
assistance: Provided, That the Department of State and USAID
shall establish, and post on their respective websites,
updated procedures for implementing partners that receive
funds under such headings for regularly and systematically
collecting and responding to such feedback, including
guidelines for the reporting on actions taken in response to
the feedback received: Provided further, That the Department
of State and USAID shall regularly conduct oversight to
ensure that such feedback is regularly collected and used by
implementing partners to maximize the cost-effectiveness and
utility of such assistance.
(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 consistent with the
requirements under this heading in the report accompanying
this Act.
(n) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available for
the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of loan guarantees for Egypt, Jordan,
Tunisia, and Ukraine, which are authorized to be provided:
Provided, That amounts made available under this paragraph
for the costs of such guarantees shall not be considered
assistance for the purposes of provisions of law limiting
assistance to a country.
(2) Foreign military financing direct loans.--During fiscal
year 2022, direct loans under section 23 of the Arms Export
Control Act may be made available for Jordan, notwithstanding
section 23(c)(1) of the Arms Export Control Act, gross
obligations for the principal amounts of which shall not
exceed $4,000,000,000: Provided, That funds appropriated
under the heading ``Foreign Military Financing Program'' in
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
may be made available for the costs, as defined in section
502 of the Congressional Budget Act of 1974, of such loans:
Provided further, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974 and may include the
costs of selling, reducing, or cancelling any amounts owed to
the United States or any agency of the United States:
Provided further, That the Government of the United States
may charge fees for such loans, which shall be collected from
borrowers in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided further, That no
funds made available to the North Atlantic Treaty
Organization (NATO) or major non-NATO allies by this or any
other appropriations Act for this fiscal year or prior fiscal
years may be used for payment of any fees associated with
such loans: Provided further, That such loans shall be
repaid in not more than 12 years, including a grace period of
up to one year on repayment of principal: Provided further,
That notwithstanding section 23(c)(1) of the Arms Export
Control Act, interest for such loans may be charged at a rate
determined by the Secretary of State, except that such rate
may not be less than the prevailing interest rate on
marketable Treasury securities of similar maturity: Provided
[[Page H4124]]
further, That amounts made available under this paragraph for
such costs shall not be considered assistance for the
purposes of provisions of law limiting assistance to a
country.
(3) Foreign military financing loan guarantees.--Funds
appropriated under the heading ``Foreign Military Financing
Program'' in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available, notwithstanding the third
proviso under such heading, for the costs of loan guarantees
under section 24 of the Arms Export Control Act for Jordan,
which are authorized to be provided: Provided, That such
funds are available to subsidize gross obligations for the
principal amount of commercial loans, and total loan
principal, any part of which is to be guaranteed, not to
exceed $4,000,000,000: Provided further, That no loan
guarantee with respect to any one borrower may exceed 80
percent of the loan principal: Provided further, That any
loan guaranteed under this paragraph may not be subordinated
to another debt contracted by the borrower or to any other
claims against the borrower in the case of default: Provided
further, That repayment in United States dollars of any loan
guaranteed under this paragraph shall be required within a
period not to exceed 12 years after the loan agreement is
signed: Provided further, That the Government of the United
States may charge fees for such loan guarantees, as may be
determined, notwithstanding section 24 of the Arms Export
Control Act, which shall be collected from borrowers or third
parties on behalf of such borrowers in accordance with
section 502(7) of the Congressional Budget Act of 1974:
Provided further, That amounts made available under this
paragraph for the costs of such guarantees shall not be
considered assistance for the purposes of provisions of law
limiting assistance to a country.
(4) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be
subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations.
(o) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic
Support Fund'', not less than $55,000,000 shall be made
available for Local Works pursuant to section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
which may remain available until September 30, 2026.
(2) Eligible entities.--For the purposes of section 7080 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235), ``eligible entities'' shall be defined as small
local, international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000
from USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may
be considered individually in determining such eligibility.
(p) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs'' means funds that remain
available for obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the International Fund for
Agricultural Development, the Asian Development Bank, the
Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for measuring
progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or planned
programs; and
(D) implementing partners, to the maximum extent
practicable.
(5) Successor operating unit.--Any reference to a
particular USAID operating unit or office in this or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs shall be deemed to
include any successor operating unit or office performing the
same or similar functions.
(6) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry out
the provisions of chapter 1 of part I and chapters 4 and 6 of
part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights,
the rule of law, anti-corruption, strategic planning, and
through assistance to foster civilian police roles that
support democratic governance, including assistance for
programs to prevent conflict, respond to disasters, address
gender-based violence, and foster improved police relations
with the communities they serve.
(2) Counterterrorism partnerships fund.--Funds appropriated
by this Act under the heading ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' shall be made
available for the Counterterrorism Partnerships Fund for
programs in areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and Syria or
other terrorist organizations: Provided, That such areas
shall include the Kurdistan Region of Iraq: Provided
further, That prior to the obligation of funds made available
pursuant to this paragraph, the Secretary of State shall take
all practicable steps to ensure that mechanisms are in place
for monitoring, oversight, and control of such funds:
Provided further, That funds made available pursuant to this
paragraph shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(3) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act, funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'' shall
be made available for combat casualty training and equipment
consistent with prior fiscal years.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of
lethal assistance funded by this Act with funds appropriated
under the headings ``Peacekeeping Operations'' and ``Foreign
Military Financing Program'': Provided, That the requirement
of this subparagraph shall apply to a country in conflict,
unless the Secretary determines that such country has in
place, to the maximum extent practicable, functioning combat
casualty care treatment and equipment that meets or exceeds
the standards recommended by the Committee on Tactical Combat
Casualty Care: Provided further, That any such training and
equipment for combat casualty care shall be made available
through an open and competitive process.
(4) Training related to international humanitarian law.--
The Secretary of State shall offer training related to the
requirements of international humanitarian law as a component
of any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'':
Provided, That the requirement of this paragraph shall not
apply to a country that is a member of the North Atlantic
Treaty Organization (NATO), is a major non-NATO ally
designated by section 517(b) of the Foreign Assistance Act of
1961, or is complying with international humanitarian law:
Provided further, That any such training shall be made
available through an open and competitive process.
(5) Security force professionalization.--Funds appropriated
by this Act under the headings ``International Narcotics
Control and Law Enforcement'' and ``Peacekeeping Operations''
shall be made available to increase the capacity of foreign
military and law enforcement personnel to operate in
accordance with appropriate standards relating to human
rights and the protection of civilians in the manner
specified under this section in Senate Report 116-126,
following consultation with the Committees on Appropriations:
Provided, That funds made available pursuant to this
paragraph shall be made available through an open and
competitive process.
(6) Global security contingency fund.--Notwithstanding any
other provision of this Act, up to $7,500,000 from funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'' may
be transferred to, and merged with, funds previously made
available under the heading ``Global Security Contingency
Fund'', subject to the regular notification procedures of the
Committees on Appropriations.
(7) International prison conditions.--Funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'', shall be made available for
assistance to eliminate inhumane conditions in foreign
prisons and other detention facilities, notwithstanding
section 660 of the Foreign Assistance Act of 1961: Provided,
That the Secretary of State and the USAID Administrator shall
consult with the Committees on Appropriations on the proposed
uses of such funds prior to obligation and not later than 60
days after enactment of this Act: Provided further, That
such funds shall be in addition to funds otherwise made
available by this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of
[[Page H4125]]
Public Law 113-235) shall continue in effect during fiscal
year 2022.
(3) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011)
is amended by striking ``of this section'' and all that
follows through the period at the end and inserting ``of this
section after September 30, 2025.''.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and
2023'' and inserting ``2023, 2024, and 2025''.
(4) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act (22 U.S.C. 2763) may be used to provide
financing to Israel, Egypt, the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons
for those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
(5) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund),
to remain available for obligation until September 30, 2024:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the
Secretary of State.
(6) Public disclosure.--For the purposes of 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 assistance for units of
foreign security forces, the term ``to the maximum extent
practicable'' in section 620M(d)(7) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d) means that the identity of such
units shall be made publicly available unless the Secretary
of State, on a case-by-case basis, determines and reports to
the appropriate congressional committees that non-disclosure
is in the national security interest of the United States:
Provided, That any such determination shall include a
detailed justification, and may be submitted in classified
form.
(7) Duty to inform.--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 such assistance
pursuant to section 620M of the Foreign Assistance Act of
1961 to the recipient government, and such assistance shall
be made available subject to a written agreement that the
recipient government will comply with such prohibition:
Provided, That such requirement regarding a written agreement
shall take effect not later than December 31, 2021.
(8) Oversight and accountability.----
(A) Prior to the signing of a new Letter of Offer and
Acceptance (LOA) involving funds appropriated under the
heading ``Foreign Military Financing Program'', the Secretary
of State shall consult with each recipient government to
ensure that the LOA between the United States and such
recipient government complies with purposes of section 4 of
the Arms Export Control Act (22 U.S.C. 2754) and that the
defense articles, services, and training procured with funds
appropriated under such heading are consistent with United
States national security policy.
(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) 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) 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
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries
that the Secretary of State determines are undemocratic or
are undergoing democratic transitions.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on funds
obligated and expended during fiscal year 2021, by country
and purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(2) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign
Assistance Act of 1961, the term ``military training provided
to foreign military personnel by the Department of Defense
and the Department of State'' shall be deemed to include all
military training provided by foreign governments with funds
appropriated to the Department of Defense or the Department
of State, except for training provided by the government of a
country designated by section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-North Atlantic Treaty Organization
ally: Provided, That such third-country training shall be
clearly identified in the report submitted pursuant to
section 656 of such Act.
arab league boycott of israel
Sec. 7036. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 7040 of this
Act (``Limitation on Assistance for the Palestinian
Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support,
[[Page H4126]]
consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2022, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of
the United States will have access to appropriate United
States financial information in order to review the uses of
United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of
a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which the
Secretary has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism;
and
(B) any educational institution located in the West Bank or
Gaza that is named after an individual who the Secretary of
State determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(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 $1,000,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds
are in addition to funds otherwise available for such
purposes.
(e) Comptroller General of the United States Audit.--
Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza
Program, including all funds provided as cash transfer
assistance, in fiscal year 2022 under the heading ``Economic
Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this
Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed: Provided,
That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior
to the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside
of the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll, and
the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed
at promoting peace, coexistence, and security cooperation
with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as
amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109-
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act
of 1961, as amended: Provided, That the report shall also
detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and
may only be made available for assistance for the Government
of Egypt if the Secretary of State certifies and reports to
the Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not
less than $125,000,000 shall be made available for assistance
for Egypt, of which $40,000,000 should be made available for
higher education programs, including not less than
$15,000,000 for scholarships for Egyptian students with high
financial need to attend not-for-profit institutions of
higher education in Egypt that are currently accredited by a
regional accrediting agency recognized by the United States
Department of Education, or meets standards equivalent to
those required for United States institutional accreditation
by a regional accrediting agency recognized by such
Department: Provided, That such funds shall be made
available for democracy programs, and for development
programs in the Sinai: Provided further, That such funds may
not be made available for cash transfer assistance or budget
support unless the Secretary of State certifies and reports
to the appropriate congressional committees that the
Government of Egypt is taking consistent and effective steps
to stabilize the economy and implement market-based economic
reforms.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'',
$1,300,000,000, to remain available until September 30, 2023,
should be made available for assistance for Egypt: Provided,
That such funds may be transferred to an interest bearing
account in the Federal Reserve Bank of New York, following
consultation with the Committees on Appropriations, and the
uses of any interest earned on such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That $150,000,000 of such
funds shall be withheld from obligation until the Secretary
of State certifies and reports to the Committees on
Appropriations that the Government of Egypt is taking
sustained and effective steps to--
(i) strengthen the rule of law, democratic institutions,
and human rights in Egypt, including to protect religious
minorities and the rights
[[Page H4127]]
of women, which are in addition to steps taken during the
previous calendar year for such purposes;
(ii) implement reforms that protect freedoms of expression,
association, and peaceful assembly, including the ability of
civil society organizations, human rights defenders, and the
media to function without interference;
(iii) hold Egyptian security forces accountable, including
officers credibly alleged to have violated human rights;
(iv) investigate and prosecute cases of extrajudicial
killings and forced disappearances;
(v) provide regular access for United States officials to
monitor such assistance in areas where the assistance is
used; and
(vi) prevent the intimidation and harassment of American
citizens:
Provided further, That the certification requirement of
this paragraph shall not apply to funds appropriated by this
Act under such heading for counterterrorism, border security,
and nonproliferation programs for Egypt.
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the
Secretary determines and reports to the Committees on
Appropriations that to do so is important to the national
security interest of the United States, and submits a report
to such Committees containing a detailed justification for
the use of such waiver and the reasons why any of the
requirements of subparagraph (A) cannot be met: Provided,
That the report required by this paragraph shall be submitted
in unclassified form, but may be accompanied by a classified
annex.
(C) In addition to the funds withheld pursuant to
subparagraph (A)--
(i) $135,000,000 of the funds made available pursuant to
this paragraph shall be withheld from obligation until the
Secretary of State determines and reports to the Committees
on Appropriations that the Government of Egypt is making
clear and consistent progress in releasing political
prisoners and providing detainees with due process of law;
and
(ii) $15,000,000 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 has provided
American citizens with fair and commensurate compensation for
injuries suffered as a result of an attack against a tour
group by the Egyptian military.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available for the programs and
activities described under this section in the report
accompanying this Act.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State shall
submit to the Committees on Appropriations the semi-annual
report required by section 135(d)(4) of the Atomic Energy Act
of 1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the
Iran Nuclear Agreement Review Act of 2015 (Public Law 114-
17).
(B) Sanctions report.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a report on--
(i) the status of United States bilateral sanctions on
Iran;
(ii) the reimposition and renewed enforcement of secondary
sanctions; and
(iii) the impact such sanctions have had on Iran's
destabilizing activities throughout the Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Iraq
for--
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region of
Iraq;
(B) stabilization assistance, including in Anbar Province;
(C) justice sector strengthening;
(D) humanitarian assistance, including in the Kurdistan
Region of Iraq; and
(E) programs to protect and assist religious and ethnic
minority populations in Iraq, including as described under
this section in the report accompanying this Act.
(2) Basing rights agreement.--None of the funds
appropriated or otherwise made available by this Act may be
used by the Government of the United States to enter into a
permanent basing rights agreement between the United States
and Iraq.
(d) Jordan.--Of the funds appropriated by this Act under
titles III and IV, not less than $1,650,000,000 shall be made
available for assistance for Jordan, of which not less than
$845,100,000 shall be made available for budget support for
the Government of Jordan and not less than $425,000,000 shall
be made available under the heading ``Foreign Military
Financing Program''.
(e) Lebanon.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for
Lebanon: Provided, That such funds made available under the
heading ``Economic Support Fund'' may be made available
notwithstanding section 1224 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2346 note).
(2) Security assistance.--
(A) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' that are made
available for assistance for Lebanon may be made available
for programs and equipment for the Lebanese Internal Security
Forces (ISF) and the Lebanese Armed Forces (LAF) to address
security and stability requirements in areas affected by
conflict in Syria, following consultation with the
appropriate congressional committees.
(B) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made
available for assistance for Lebanon may only be made
available for programs to--
(i) professionalize the LAF to mitigate internal and
external threats from non-state actors, including Hizballah;
(ii) strengthen border security and combat terrorism,
including training and equipping the LAF to secure the
borders of Lebanon and address security and stability
requirements in areas affected by conflict in Syria,
interdicting arms shipments, and preventing the use of
Lebanon as a safe haven for terrorist groups; and
(iii) implement United Nations Security Council Resolution
1701:
Provided, That prior to obligating funds made available by
this subparagraph for assistance for the LAF, the Secretary
of State shall submit to the Committees on Appropriations a
spend plan, including actions to be taken to ensure equipment
provided to the LAF is used only for the intended purposes,
except such plan may not be considered as meeting the
notification requirements under section 7015 of this Act or
under section 634A of the Foreign Assistance Act of 1961, and
shall be submitted not later than June 1, 2022: Provided
further, That any notification submitted pursuant to such
section shall include any funds specifically intended for
lethal military equipment.
(3) Limitation.--None of the funds appropriated by this Act
may be made available for the ISF or the LAF if the ISF or
the LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(f) Libya.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for stabilization
assistance for Libya, including support for a United Nations-
facilitated political process and border security: Provided,
That the limitation on the uses of funds for certain
infrastructure projects in section 7041(f)(2) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76)
shall apply to such funds.
(2) Certification.--Prior to the initial obligation of
funds made available by this Act for assistance for Libya,
the Secretary of State shall certify and report to the
Committees on Appropriations that all practicable steps have
been taken to ensure that mechanisms are in place for
monitoring, oversight, and control of such funds.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made
available for assistance for the Western Sahara: Provided,
That not later than 90 days after enactment of this Act and
prior to the obligation of such funds, the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development, shall consult
with the Committees on Appropriations on the proposed uses of
such funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Morocco may
only be used for the purposes requested in the Congressional
Budget Justification, Foreign Operations, Fiscal Year 2017.
(h) Saudi Arabia.--
(1) International military education and training.--None of
the funds appropriated by this Act under the heading
``International Military Education and Training'' may be made
available for assistance for the Government of Saudi Arabia.
(2) Export-import bank.--None of the funds appropriated or
otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs should be obligated or
expended by the Export-Import Bank of the United States to
guarantee, insure, or extend (or participate in the extension
of) credit in connection with the export of nuclear
technology, equipment, fuel, materials, or other nuclear
technology-related goods or services to Saudi Arabia unless
the Government of Saudi Arabia--
(A) has in effect a nuclear cooperation agreement pursuant
to section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153);
(B) has committed to renounce uranium enrichment and
reprocessing on its territory under that agreement; and
(C) has signed and implemented an Additional Protocol to
its Comprehensive Safeguards Agreement with the International
Atomic Energy Agency.
(i) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under titles III and IV may be made available,
notwithstanding any other provision of law, for non-lethal
stabilization assistance for Syria, including for emergency
medical and rescue response and chemical weapons use
investigations.
(2) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project or activity
that supports or otherwise legitimizes the Government of
Iran, foreign terrorist organizations (as designated pursuant
to section 219 of the Immigration and Nationality Act (8
U.S.C. 1189)), or a proxy of Iran in Syria;
(B) may not be made available for activities that further
the strategic objectives of the Government of the Russian
Federation that the Secretary of State determines may
threaten or undermine United States national security
interests; and
(C) should not be used in areas of Syria controlled by a
government led by Bashar al-Assad or associated forces.
[[Page H4128]]
(3) Monitoring and oversight.--Prior to the obligation of
any funds appropriated by this Act and made available for
assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria.
(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.--Of the funds appropriated under titles III
and IV of this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs, not less than $197,100,000 shall be made available
for assistance for Tunisia.
(k) West Bank and Gaza.--
(1) Assistance.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$225,000,000 shall be made available for programs in the West
Bank and Gaza.
(2) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank
and Gaza, the Secretary of State shall report to the
Committees on Appropriations that the purpose of such
assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(3) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available
for assistance for the Palestinian Authority, if after the
date of enactment of this Act--
(I) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations or
any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(II) the Palestinians initiate an International Criminal
Court (ICC) judicially authorized investigation, or actively
support such an investigation, that subjects Israeli
nationals to an investigation for alleged crimes against
Palestinians.
(ii) The Secretary of State may waive the restriction in
clause (i) of this subparagraph resulting from the
application of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that to do so
is in the national security interest of the United States,
and submits a report to such Committees detailing how the
waiver and the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of the
Senate, and the appropriate congressional committees that the
Palestinians have not, after the date of enactment of this
Act--
(I) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated between
Israel and the Palestinians; and
(II) initiated or actively supported an ICC investigation
against Israeli nationals for alleged crimes against
Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have taken credible
steps to enter into direct and meaningful negotiations with
Israel and that it is important to the national security
interests of the United States and the conduct of diplomacy
in advancing Middle East peace: Provided, That any waiver of
the provisions of section 1003 of Public Law 100-204 under
clause (i) of this subparagraph or under previous provisions
of law must expire before the waiver under the preceding
sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(4) Application of taylor force act.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' that are
made available for assistance for the West Bank and Gaza
shall be made available consistent with section 1004(a) of
the Taylor Force Act (title X of division S of Public Law
115-141).
(5) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law
110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace
and coexistence with Israel.
(l) Yemen.--Funds appropriated under title III and under
the headings ``International Narcotics Control and Law
Enforcement'' and ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'' of this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be made available for
health, humanitarian, and stabilization assistance for Yemen.
africa
Sec. 7042. (a) African Great Lakes Region Assistance
Restriction.--Funds appropriated by this Act under the
heading ``International Military Education and Training'' for
the central government of a country in the African Great
Lakes region may be made available only for Expanded
International Military Education and Training and
professional military education until the Secretary of State
determines and reports to the Committees on Appropriations
that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring
country, including aiding and abetting armed groups.
(b) Cameroon.--Funds appropriated under title IV of this
Act that are made available for assistance for the armed
forces of Cameroon, including the Rapid Intervention
Battalion, may only be made available to counter regional
terrorism, including Boko Haram and other Islamic State
affiliates, participate in international peacekeeping
operations, and for military education and maritime security
programs.
(c) Central African Republic.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not
less than $3,000,000 shall be made available for a
contribution to the Special Criminal Court in Central African
Republic.
(d) Counter Illicit Armed Groups.--Funds appropriated by
this Act shall be made available for programs and activities
in areas affected by the Lord's Resistance Army (LRA) or
other illicit armed groups in Eastern Democratic Republic of
the Congo and the Central African Republic, including to
improve physical access, telecommunications infrastructure,
and early-warning mechanisms and to support the disarmament,
demobilization, and reintegration of former LRA combatants,
especially child soldiers.
(e) Malawi.--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
higher education programs in Malawi shall be made available
for higher education and workforce development programs in
agriculture as described under this section in the report
accompanying this Act.
(f) South Sudan.--
(1) Assistance.--Of the funds appropriated under title III
of this Act that are made available for assistance for South
Sudan, not less than $15,000,000 shall be made available for
democracy programs and not less than $8,000,000 shall be made
available 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 mutual
arrangements related to such agreement:
Provided, That prior to the initial obligation of funds
made available pursuant to subparagraphs (C) and (D), the
Secretary of State shall consult with the Committees on
Appropriations on the intended uses of such funds and steps
taken by such government to advance or implement a peace
agreement.
(g) Sudan.--
(1) Assistance.--Funds appropriated by this Act under title
III should be made available to support the civilian-led
transition in Sudan: Provided, That notwithstanding any
other provision of law, such funds may be made available for
agriculture and economic growth programs, and economic
assistance for marginalized areas in Sudan and Abyei.
(2) Consultation.--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.
(h) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant
to the Government of Zimbabwe, except to meet basic human
needs or to promote democracy, unless the Secretary of State
certifies and reports to the Committees on Appropriations
that the rule of law has been restored, including respect for
ownership and title to property, and freedoms of expression,
association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education,
unless the Secretary of State certifies and reports as
required in paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--
(A) Funds appropriated under title III of this Act may be
made available notwithstanding any other provision of law for
assistance for Burma, except section 7008 of this Act, and
following consultation with the appropriate congressional
committees.
[[Page H4129]]
(B) Funds appropriated under title III of this Act and made
available for assistance for Burma--
(i) shall be made available for programs to promote ethnic
and religious tolerance and to combat gender-based violence,
including in Kachin, Karen, Rakhine, and Shan states;
(ii) shall be made available for programs to strengthen
independent media and civil society organizations;
(iii) shall be made available for community-based
organizations 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'';
(iv) may be made available for ethnic groups and civil
society in Burma to help sustain ceasefire agreements and
further prospects for reconciliation and peace, which may
include support to representatives of ethnic armed groups for
this purpose; and
(v) may be available for programs to support the return of
Kachin, Karen, Rohingya, Shan, and other refugees and
internally displaced persons to their locations of origin or
preference in Burma only if such returns are voluntary and
consistent with international law.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma.
(3) Limitations.--None of the funds appropriated by this
Act under title III and under the heading ``International
Narcotics Control and Law Enforcement'' and made available
for assistance for Burma may be made available to any
organization or entity controlled by, or an affiliate of, the
armed forces of Burma, or to any individual or organization
that has committed a gross violation of human rights or
advocates violence against ethnic or religious groups or
individuals in Burma, as determined by the Secretary of State
for programs administered by the Department of State and
USAID or the President of the National Endowment for
Democracy (NED) for programs administered by NED.
(4) Consultation.--Any new program or activity in Burma
initiated in fiscal year 2022 shall be subject to prior
consultation with the appropriate congressional committees.
(b) Cambodia.--
(1) Assistance.--Funds appropriated under title III of this
Act 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 and harassment against civil society
and the political opposition in Cambodia, and dismiss any
politically motivated criminal charges against those who
criticize 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 and education programs associated with the
Khmer Rouge in Cambodia; and
(B) programs in the Khmer language to monitor, map, and
publicize the efforts by the People's Republic of China to
expand its influence in Cambodia.
(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 $1,600,000,000 shall be
made available to support implementation of the Indo-Pacific
Strategy and the Asia Reassurance Initiative Act of 2018
(Public Law 115-409).
(2) Countering prc influence fund.--Of the funds
appropriated by this Act under the headings ``Economic
Support Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', and ``Foreign Military Financing
Program'', not less than $300,000,000 shall be made available
for a Countering PRC Influence Fund to counter the influence
of the Government of the People's Republic of China and the
Chinese Communist Party and entities acting on their behalf
globally, which shall be subject to prior consultation with
the Committees on Appropriations: Provided, That such funds
are in addition to amounts otherwise made available for such
purposes: Provided further, That such funds appropriated
under such headings may be transferred to, and merged with,
funds appropriated under such headings: Provided further,
That such transfer authority is in addition to any other
transfer authority provided by this Act or any other Act, and
is subject to the regular notification procedures of the
Committees on Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for any project or activity
that directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of China;
and
(B) the use of technology, including biotechnology,
digital, telecommunications, and cyber, developed by the
People's Republic of China unless the Secretary of State, in
consultation with the USAID Administrator and the heads of
other Federal agencies, as appropriate, determines that such
use does not adversely impact the national security of the
United States.
(d) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available for assistance for the central government of a
country the Secretary of State determines and reports to the
appropriate congressional committees engages in significant
transactions contributing materially to the malicious cyber-
intrusion capabilities of the Government of North Korea:
Provided, That the Secretary of State shall submit the report
required by section 209 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C.
9229) to the Committees on Appropriations: Provided further,
That the Secretary of State may waive the application of the
restriction in this paragraph with respect to assistance for
the central government of a country if the Secretary
determines and reports to the appropriate congressional
committees that to do so is important to the national
security interest of the United States, including a
description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be
made available to maintain broadcasting hours into North
Korea at levels not less than the prior fiscal year.
(3) Human rights.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund''
shall be made available for the promotion of human rights in
North Korea: Provided, That the authority of section
7032(b)(1) of this Act shall apply to such funds.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``Economic Support
Fund'' may be made available for assistance for the
Government of North Korea.
(e) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs'' in
this Act may be obligated or expended for processing licenses
for the export of satellites of United States origin
(including commercial satellites and satellite components) to
the People's Republic of China (PRC) unless, at least 15 days
in advance, the Committees on Appropriations are notified of
such proposed action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is
owned or controlled by, or an affiliate of, the PLA.
(3) Hong kong.--
(A) Democracy programs.--Of the funds appropriated by this
Act under the first paragraph under the heading ``Democracy
Fund'', not less than $3,000,000 shall be made available for
democracy and Internet freedom programs for Hong Kong,
including legal and other support for democracy activists.
(B) Restrictions on assistance.--None of the funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for assistance for Hong Kong
should be obligated for assistance for the Government of the
People's Republic of China and the Chinese Communist Party or
any entity acting on their behalf in Hong Kong.
(4) Uyghurs and other religious and ethnic minority
groups.--Not later than 90 days after enactment of this Act,
the Secretary of State shall submit a report to the
appropriate congressional committees on efforts to address
and respond to PRC's atrocities, including genocide against
Uyghurs and the persecution of other religious and ethnic
minority groups.
(f) 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.
(g) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of
projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan
people and respect Tibetan culture and traditions, and are
subject to effective monitoring.
[[Page H4130]]
(2) Programs for tibetan communities.--(A) Notwithstanding
any other provision of law, of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less
than $8,000,000 shall be made available to nongovernmental
organizations to support activities which preserve cultural
traditions and promote sustainable development, education,
and environmental conservation in Tibetan communities in the
Tibet Autonomous Region and in other Tibetan communities in
China.
(B) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $6,000,000 shall be
made available for programs to promote and preserve Tibetan
culture and language in the refugee and diaspora Tibetan
communities, development, and the resilience of Tibetan
communities and the Central Tibetan Administration in India
and Nepal, and to assist in the education and development of
the next generation of Tibetan leaders from such communities:
Provided, That such funds are in addition to amounts made
available in subparagraph (A) for programs inside Tibet.
(C) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $3,000,000 shall be
made available for programs to strengthen the capacity of the
Central Tibetan Administration: Provided, That such funds
shall be administered by the United States Agency for
International Development.
(h) Vietnam.--Funds appropriated under titles III and IV of
this Act and made available for assistance for Vietnam shall
be made available for--
(1) health and disability programs in areas sprayed with
Agent Orange and contaminated with dioxin, to assist
individuals with severe upper or lower body mobility
impairment or cognitive or developmental disabilities;
(2) 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, notwithstanding any other
provision of law; and
(3) a war legacy reconciliation program.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Funding and limitations.--Funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that
are made available for assistance for Afghanistan--
(A) shall be made available for programs that protect and
strengthen the rights of Afghan women and girls and promote
the political and economic empowerment of women including
their meaningful inclusion in political processes: Provided,
That not less than $60,000,000 shall be made available for
such purposes: Provided further, That such assistance to
promote the empowerment of women shall be made available as
grants to Afghan organizations, to the maximum extent
practicable;
(B) shall be made available for programs that implement and
support comprehensive strategies to combat corruption in
Afghanistan, with an emphasis on public disclosure of
government receipts and expenditures and prosecution and
punishment of corrupt officials;
(C) shall be made available to continue support for not-
for-profit institutions of higher education in Kabul,
Afghanistan that are accessible to both women and men in a
coeducational environment, including for the costs for
operations and security for such institutions;
(D) shall prioritize, unless the Secretary of State or the
Administrator of the United States Agency for International
Development, as appropriate, determines that security
conditions do not permit or risk deterioration, assistance to
support long-term development in areas previously under the
control of the Taliban or other violent extremist groups:
Provided, That such funds may be made available
notwithstanding any other provision of law and following
consultation with the Committees on Appropriation;
(E) may not be made available for any program, project, or
activity pursuant to section 7044(a)(1)(C) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116-6);
and
(F) may be made available, notwithstanding any other
provision of law, for programs and activities to address the
needs of the people of Afghanistan in support of peace and
reconciliation, including reintegration of former Taliban and
other extremists.
(2) Afghan women.--
(A) In general.--The Secretary of State shall promote and
ensure the meaningful participation of Afghan women in any
discussions between the Government of Afghanistan and the
Taliban related to the future of Afghanistan in a manner
consistent with the Women, Peace, and Security Act of 2017
(Public Law 115-68) and the 2019 United States Strategy on
Women, Peace, and Security, including through--
(i) advocacy by the United States Government for the
inclusion of Afghan women representatives, particularly from
civil society and rural provinces, in ongoing and future
discussion;
(ii) the leveraging of assistance for the protection of
women and girls and their rights; and
(iii) efforts to ensure that any agreement protects women's
and girl's rights and ensures their freedom of movement,
rights to education and work, and access to healthcare and
legal representation.
(B) Assistance.--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'' shall be made available for an
endowment pursuant to paragraph (3)(A)(iv) of this subsection
for a not-for-profit institution of higher education in
Kabul, Afghanistan that is accessible to both women and men
in a coeducational environment: Provided, That such
endowment shall be established in partnership with a United
States-based American higher education institution that will
serve on its board of trustees: Provided further, That prior
to the obligation of funds for such an endowment, the
Administrator of the United States Agency for International
Development shall submit a report to the Committees on
Appropriations describing the governance structure, including
a proposed board of trustees, and financial safeguards,
including regular audit and reporting requirements, in any
endowment agreement: Provided further, That the USAID
Administrator shall provide a report on the expenditure of
funds generated from such an endowment to the Committees on
Appropriations on an annual basis.
(3) Afghan allies protection act.--Funds appropriated or
otherwise made available by this Act under the heading
``Administration of Foreign Affairs'' shall be made available
to carry out the Afghan Allies Protection Act of 2009 (8
U.S.C. 110 note), including for additional personnel
necessary for eliminating any processing backlog and
expediting the adjudication of Afghan Special Immigrant Visa
(SIV) cases.
(4) Authorities.--
(A) Funds appropriated by this Act under titles III through
VI that are made available for assistance for Afghanistan may
be made available--
(i) notwithstanding section 7012 of this Act or any similar
provision of law and section 660 of the Foreign Assistance
Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the Government
of Afghanistan, including in accordance with section
7046(a)(2)(B)(ii) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74);
(iii) for an endowment to empower women and girls; and
(iv) for an endowment for higher education.
(B) Section 7046(a)(2)(A) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112-74) shall apply to funds
appropriated by this Act for assistance for Afghanistan.
(C) Section 1102(c) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall continue in effect during
fiscal year 2022 as if part of this Act.
(5) Updated strategy.--Not less than 90 days after
enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant Federal
agencies, shall submit to the appropriate congressional
committees a comprehensive, multi-year strategy for
diplomatic and development engagement with the Government of
Afghanistan: Provided, That such strategy shall include the
elements detailed under this section in the report
accompanying this Act: Provided further, That the Secretary
of State shall consult with such committees on the parameters
of such strategy: Provided further, That the strategy
required by this paragraph shall be submitted in unclassified
form, but may be accompanied by a classified annex.
(6) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Bangladesh.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for
Bangladesh for--
(1) programs to address the needs of communities impacted
by refugees from Burma;
(2) programs to protect freedom of expression and due
process of law; and
(3) 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 under titles III and IV of
this Act shall be made available for assistance for Nepal,
including for development and democracy programs.
(d) Pakistan.--
(1) Assistance.--
(A) Security assistance.--Funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' for
assistance for Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan.
(B) Bilateral economic assistance.--Prior to the obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the central
Government of Pakistan, the Secretary of State shall submit a
report to the appropriate congressional committees
detailing--
(i) the amount of financing and other support, if any,
provided by the Government of Pakistan to schools supported
by, affiliated with, or run by the Taliban or any domestic or
foreign terrorist organization in Pakistan;
(ii) the extent of cooperation by such government in
issuing visas in a timely manner for United States visitors,
including officials and representatives of nongovernmental
organizations, engaged in assistance and security programs in
Pakistan;
(iii) the extent to which such government is providing
humanitarian organizations access to detainees, internally
displaced persons, and other Pakistani civilians affected by
conflict in Pakistan and the region; and
(iv) the extent to which such government is strengthening
democracy in Pakistan, including protecting freedom of
expression, assembly, and religion.
(2) Authority and uses of funds.--
(A) Funds appropriated by this Act for assistance for
Pakistan may be made available notwithstanding any other
provision of law, except for section 620M of the Foreign
Assistance Act of 1961.
[[Page H4131]]
(B) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' that are made
available for assistance for Pakistan shall be made available
to interdict precursor materials from Pakistan to Afghanistan
that are used to manufacture improvised explosive devices and
for agriculture extension programs that encourage alternative
fertilizer use among Pakistani farmers to decrease the dual
use of fertilizer in the manufacturing of improvised
explosive devices.
(C) Funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' shall
be made available for border security programs in Pakistan,
following consultation with the Committees on Appropriations.
(D) Funds appropriated by title III of this Act shall be
made available for programs to promote democracy and for
gender programs in Pakistan.
(3) Withholding.--Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on
Appropriations that Dr. Shakil Afridi has been released from
prison and cleared of all charges relating to the assistance
provided to the United States in locating Osama bin Laden.
(4) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Pakistan: Provided, That
the Secretary shall inform the Committees on Appropriations
of such steps in a timely manner.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly in
areas recovering from ethnic and religious conflict:
Provided, That such funds shall be made available for
programs to assist in the identification and resolution of
cases of missing persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be
made available only if the Secretary of State certifies and
reports to the Committees on Appropriations that such
Government is taking effective and consistent steps to--
(A) respect and uphold the rights and freedoms of the
people of Sri Lanka regardless of ethnicity and religious
belief, including by investigating violations of human rights
and holding perpetrators of such violations accountable;
(B) increase transparency and accountability in governance;
(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 conflict in Sri Lanka,
including by--
(i) addressing land confiscation and ownership issues;
(ii) resolving cases of missing persons, including by
maintaining a functioning office of missing persons;
(iii) reducing the presence of the armed forces in former
conflict zones and restructuring the armed forces for a
peacetime role that contributes to post-conflict
reconciliation and regional security;
(iv) repealing or amending laws on arrest and detention by
security forces to comply with international standards; and
(v) investigating allegations of arbitrary arrest and
torture, and supporting a credible justice mechanism:
Provided, That the limitations of this paragraph shall not
apply to funds made available for humanitarian assistance and
disaster relief; to protect human rights, locate and identify
missing persons, and assist victims of torture and trauma; to
promote justice, accountability, and reconciliation; to
enhance maritime security and domain awareness; to promote
fiscal transparency and sovereignty; and for International
Military Education and Training.
(3) International security assistance.--Funds appropriated
under title IV of this Act that are made available for
assistance for Sri Lanka shall be subject to the following
conditions--
(A) not to exceed $500,000 may be made available under the
heading ``Foreign Military Financing Program'' for programs
to support humanitarian assistance, disaster relief,
instruction in human rights and related curricula
development, and maritime security and domain awareness,
including professionalization and training for the navy and
coast guard; and
(B) funds under the heading ``Peacekeeping Operations'' may
only be made available subject to the regular notification
procedures of the Committees on Appropriations.
(f) Regional Programs.--Funds appropriated by this Act
shall be made available for assistance for Afghanistan,
Pakistan, and other countries in South and Central Asia to
significantly increase the recruitment, training, and
retention of women in the judiciary, police, and other
security forces, and to train judicial and security personnel
in such countries to prevent and address gender-based
violence, human trafficking, and other practices that
disproportionately harm women and girls.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, up to $860,600,000 may be made
available for assistance for Belize, Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, and Panama, including through
the Central America Regional Security Initiative: Provided,
That such assistance shall be prioritized for programs and
activities that address the key factors that contribute to
irregular migration, particularly of unaccompanied minors, to
the United States and such funds shall be made available for
global food security, global health, humanitarian,
development, democracy, border security, and law enforcement
programs for such countries, including for programs to reduce
violence against women and girls and to combat corruption and
impunity, as appropriate: Provided further, That not less
than $60,000,000 shall be made available to support entities
and activities to combat corruption and impunity in such
countries, including offices of Attorneys General.
(2) Northern triangle.--
(A) Limitation on assistance to certain central
governments.--Of the funds made available pursuant to
paragraph (1) under titles III and IV of this Act that are
made available for assistance for each of the central
governments of El Salvador, Guatemala, and Honduras, 75
percent may only be obligated after the Secretary of State
certifies and reports to the Committees on Appropriations
that such government is--
(i) combating corruption and impunity, including
investigating and prosecuting government officials, military
personnel, and civilian police officers credibly alleged to
be corrupt;
(ii) implementing reforms, policies, and programs to
strengthen the rule of law, including increasing the
transparency of public institutions, and the independence of
judiciary and electoral institutions to improve transparency
of political campaign and political party financing;
(iii) protecting the rights of human rights defenders,
trade unionists, journalists, civil society groups,
opposition political parties, and the independence of the
media;
(iv) providing effective and accountable law enforcement
and security for its citizens, curtailing the role of the
military in public security, and upholding due process of
law;
(v) implementing policies to reduce poverty and promote
equitable economic growth and opportunity, including the
implementation of reforms to strengthen educational systems,
vocational training programs, and programs for at-risk youth;
(vi) improving border security and countering human
smuggling and trafficking, criminal gangs, drug traffickers,
and transnational criminal organizations;
(vii) countering and preventing sexual and gender-based
violence;
(viii) informing its citizens of the dangers of the journey
to the southwest border of the United States; and
(ix) implementing policies that improve the environment for
foreign investment, including executing tax reform in a
transparent manner, ensuring effective legal mechanisms for
reimbursements of tax refunds owed to United States
businesses, and resolving disputes involving the confiscation
of real property of United States entities.
(B) Reprogramming.--If the Secretary is unable to make the
certification required by subparagraph (A) for one or more of
the governments, such assistance for such central government
shall be reprogrammed for assistance to non-governmental
organizations in Central America or for other countries in
Latin America and the Caribbean, notwithstanding the minimum
funding requirements of this subsection and of section 7019
of this Act: Provided, That any such reprogramming shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(C) Exceptions.--The limitation of subparagraph (A) shall
not apply to funds appropriated by this Act that are made
available for--
(i) entities and activities related to combating corruption
and impunity, including offices of Attorneys General;
(ii) programs to support women and to combat sexual and
gender-based violence;
(iii) programs to promote and protect human rights,
including those of indigenous communities and Afro-
descendants;
(iv) humanitarian assistance; and
(v) food security programs.
(D) Foreign military financing program.--None of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'' may be made available for assistance for
El Salvador, Guatemala, or Honduras.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $461,375,000 shall be
made available for assistance for Colombia: Provided, That
such funds shall be made available for the programs and
activities described under this section in the report
accompanying this Act.
(2) Counternarcotics.--In administering funds appropriated
by this Act under the heading ``International Narcotics
Control and Law Enforcement'' and made available for
counternarcotics assistance for Colombia the Secretary of
State shall ensure that--
(A) the Government of Colombia is continuing to implement a
national whole-of-government counternarcotics strategy
designed to reduce by 50 percent cocaine production and coca
cultivation levels in Colombia;
(B) such strategy is not in violation of the 2016 peace
accord between the Government of Colombia and the
Revolutionary Armed Forces of Colombia; and
(C) the Government of Colombia is taking effective steps to
dismantle drug trafficking networks and to assist farmers in
eradicating and sustainably replacing coca.
(3) Human rights.--Of the funds appropriated by this Act
under the headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' and
made available for assistance for Colombia, 30 percent may be
obligated only after the Secretary of State certifies and
reports to the Committees on Appropriations that--
[[Page H4132]]
(A) the Special Jurisdiction for Peace and other judicial
authorities are taking effective steps to hold accountable
perpetrators of gross violations of human rights in a manner
consistent with international law, including for command
responsibility, and sentence them to deprivation of liberty;
(B) the Government of Colombia is taking effective steps to
prevent attacks against human rights defenders and other
civil society activists, trade unionists, and journalists,
and judicial authorities are prosecuting those responsible
for such attacks;
(C) the Government of Colombia is taking effective steps to
protect Afro-Colombian and indigenous communities and is
respecting their rights and territory; and
(D) the military and police officers credibly alleged, or
whose units are credibly alleged, to be responsible for
ordering, committing, and covering up cases of false
positives, extrajudicial killings, or of committing other
gross violations of human rights, or of conducting illegal
communications intercepts or other surveillance of human
rights defenders, Afro-Colombian and indigenous community
leaders, trade unionists, journalists, judicial personnel,
legislative authorities or whistleblowers within the security
forces, are being held accountable, including removal from
active duty if found guilty through criminal, administrative,
or disciplinary proceeding.
(4) Exceptions.--The limitations of paragraph (3) shall not
apply to funds made available for--
(A) protecting the rights of human rights defenders, Afro-
Colombian and indigenous community leaders, trade unionists,
journalists, civil society groups, opposition political
parties, and the independence of the media;
(B) combating corruption and impunity, including support
for offices of Attorneys General;
(C) aviation instruction and maintenance; and
(D) maritime and riverine security programs.
(5) 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.
(6) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for assistance for Colombia may be made available
for payment of reparations to conflict victims or
compensation to demobilized combatants associated with a
peace agreement between the Government of Colombia and
illegal armed groups.
(c) Cuba.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not more than $20,000,000 shall be
made available for democracy programs in Cuba.
(2) Of the funds made available pursuant to paragraph (1),
not less than $5,000,000 shall be made available for programs
to support--
(A) free enterprise and private business organizations; and
(B) people-to-people educational and cultural activities.
(3) For purposes of paragraph (2), activities described in
such paragraph shall be considered democracy programs
pursuant to section 7032(c) of this Act, except that none of
the funds made available under such paragraph may be used for
assistance for the Government of Cuba: Provided, That such
funds shall be made available following consultation with the
Committees on Appropriations.
(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.
(d) Haiti.--
(1) Certification.--Funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic
Support Fund'' that are made available for assistance for
Haiti may not be made available for assistance for the
central Government of Haiti unless the Secretary of State
certifies and reports to the Committees on Appropriations
that such government is taking effective steps, which are
steps taken since the certification and report submitted
during the prior year, if applicable, to--
(A) strengthen the rule of law in Haiti, including by--
(i) selecting judges in a transparent manner based on
merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the judiciary; and
(iv) improving governance by implementing reforms to
increase transparency and accountability, including through
the penal and criminal codes;
(B) combat corruption, including by implementing the anti-
corruption law enacted in 2014 and prosecuting corrupt
officials;
(C) increase government revenues, including by implementing
tax reforms, increasing expenditures on public services, and
implementing effective land border controls and security; and
(D) resolve commercial disputes between United States
entities and the Government of Haiti.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
(3) Limitation.--None of the funds made available by this
Act may be used to provide assistance to the armed forces of
Haiti.
(e) The Caribbean.--Of the funds appropriated by this Act
under titles III and IV, not less than $80,000,000 shall be
made available for the Caribbean Basin Security Initiative.
(f) Venezuela.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $50,000,000 shall be
made available for democracy programs for Venezuela.
(2) Funds appropriated under title III of this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be made
available for assistance for communities in countries
supporting or otherwise impacted by refugees from Venezuela,
including Colombia, Peru, Ecuador, Curacao, and Trinidad and
Tobago: Provided, That such amounts are in addition to funds
otherwise made available for assistance for such countries,
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $132,025,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Of the funds appropriated by this Act under
titles III and IV, not less than $481,500,000 shall be made
available for assistance for Ukraine.
(b) Territorial Integrity.--None of the funds appropriated
by this Act may be made available for assistance for a
government of an Independent State of the former Soviet Union
if such government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided,
That except as otherwise provided in section 7047(a) of this
Act, funds may be made available without regard to the
restriction in this subsection if the President determines
that to do so is in the national security interest of the
United States: Provided further, That prior to executing the
authority contained in the previous proviso, the Secretary of
State shall consult with the Committees on Appropriations on
how such assistance supports the national security interest
of the United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of
the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.)
and section 1424 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation
assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD
Act of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act
may be used to facilitate or support the sale of defense
articles or defense services to the Turkish Presidential
Protection Directorate (TPPD) under Chapter 2 of the Arms
Export Control Act (22 U.S.C. 2761 et seq.) unless the
Secretary of State determines and reports to the appropriate
congressional committees that members of the TPPD who are
named in the July 17, 2017, indictment by the Superior Court
of the District of Columbia, and against whom there are
pending charges, have returned to the United States to stand
trial in connection with the offenses contained in such
indictment or have otherwise been brought to justice:
Provided, That the limitation in this paragraph shall not
apply to the use of funds made available by this Act for
border security purposes, for North Atlantic Treaty
Organization or coalition operations, or to enhance the
protection of United States officials and facilities in
Turkey.
countering russian influence and aggression
Sec. 7047. (a) Limitation.--None of the funds appropriated
by this Act may be made available for assistance for the
central Government of the Russian Federation.
(b) Annexation of Crimea.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State
determines and reports to the Committees on Appropriations
has taken affirmative steps intended to support or be
supportive of the Russian Federation annexation of Crimea or
other territory in Ukraine: Provided, That except as
otherwise provided in subsection (a), the Secretary may waive
the restriction on assistance required by this paragraph if
the Secretary determines and reports to such Committees that
to do so is in the national interest of the United States,
and includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in
Ukraine under the control of Russian-backed separatists, if
such activity includes the participation of Russian
Government officials, or other Russian owned or controlled
financial entities; or
[[Page H4133]]
(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
directors of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution (including any loan, credit,
or guarantee) for any program that violates the sovereignty
or territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of
State determines and reports to the Committees on
Appropriations that the Government of Ukraine has
reestablished sovereignty over Crimea and other territory in
Ukraine under the control of Russian-backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State
determines and reports to the Committees on Appropriations
has recognized the independence of, or has established
diplomatic relations with, the Russian Federation occupied
Georgian territories of Abkhazia and Tskhinvali Region/South
Ossetia: Provided, That the Secretary shall publish on the
Department of State website a list of any such central
governments in a timely manner: Provided further, That the
Secretary may waive the restriction on assistance required by
this paragraph if the Secretary determines and reports to the
Committees on Appropriations that to do so is in the national
interest of the United States, and includes a justification
for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available to support the Russian Federation
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution (including any loan, credit,
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 ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', ``International
Narcotics Control and Law Enforcement'', ``International
Military Education and Training'', and ``Foreign Military
Financing Program'', not less than $305,000,000 shall be made
available to carry out the purposes of the Countering Russian
Influence Fund, as authorized by section 254 of the
Countering Russian Influence in Europe and Eurasia Act of
2017 (Public Law 115-44; 22 U.S.C. 9543) and notwithstanding
the country limitation in subsection (b) of such section, and
programs to enhance the capacity of law enforcement and
security forces in countries in Europe, Eurasia, and Central
Asia and strengthen security cooperation between such
countries and the United States and the North Atlantic Treaty
Organization, as appropriate.
(2) Economics and trade.--Funds appropriated by this Act
and made available for assistance for the Eastern Partnership
countries shall be made available to advance the
implementation of Association Agreements and trade agreements
with the European Union, and to reduce their vulnerability to
external economic and political pressure from the Russian
Federation.
(e) Democracy Programs.--Funds appropriated by this Act
shall be made available to support democracy programs in the
Russian Federation and other countries in Europe, Eurasia,
and Central Asia, including to promote Internet freedom:
Provided, That of the funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', not less
than $20,000,000 shall be made available to strengthen
democracy and civil society in Central Europe, including for
transparency, independent media, rule of law, minority
rights, and programs to combat anti-Semitism.
(f) Section 7503 Waiver.--Subsection (f) of section 7503 of
Public Law 116-92 (22 U.S.C. 9526 note) shall not apply
during fiscal year 2022.
united nations
Sec. 7048. (a) Transparency and Accountability.--Not later
than 180 days after enactment of this Act, the Secretary of
State shall report to the Committees on Appropriations
whether each organization, department, or agency receiving a
contribution from funds appropriated by this Act under the
headings ``Contributions to International Organizations'' and
``International Organizations and Programs'' is--
(1) posting on a publicly available website, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
(2) effectively implementing and enforcing policies and
procedures which meet or exceed best practices in the United
States for the protection of whistleblowers from retaliation,
including--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to binding independent adjudicative bodies,
including shared cost and selection of external arbitration;
and
(E) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment; and
(3) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses
for any United States delegation to any specialized agency,
body, or commission of the United Nations if such agency,
body, or commission is chaired or presided over by a country,
the government of which the Secretary of State has
determined, for purposes of section 1754(c) of the Export
Reform Control Act of 2018 (50 U.S.C. 4813(c)), supports
international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State
as a contribution to any organization, agency, commission, or
program within the United Nations system if such
organization, agency, commission, or program is chaired or
presided over by a country the government of which the
Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961, section 40 of the
Arms Export Control Act, section 1754(c) of the Export Reform
Control Act of 2018 (50 U.S.C. 4813(c)), or any other
provision of law, is a government that has repeatedly
provided support for acts of international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines
and reports to the Committees on Appropriations that to do so
is important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--Funds
appropriated by this Act shall be made available in support
of the United Nations Human Rights Council unless the
Secretary of State determines and reports to the Committees
on Appropriations that participation in the Council does not
serve the national interest of the United States and that
such Council is neither taking significant steps to remove
Israel as a permanent agenda item nor taking actions to
ensure integrity in the election of members to such Council:
Provided, That such report shall include a description of how
the national interest is better served by the United States
not being a member of the Council: Provided further, That the
Secretary of State shall report to the Committees on
Appropriations not later than September 30, 2022 on the
resolutions considered in the United Nations Human Rights
Council during the previous 12 months, and on steps taken to
remove Israel as a permanent agenda item and ensure integrity
in the election of members to such Council.
(d) United Nations Relief and Works Agency.--Funds
appropriated by this Act under title III shall be made
available to the United Nations Relief and Works Agency
(UNRWA) unless the Secretary of State determines and reports
to the Committees on Appropriations, in writing, that UNRWA--
(1) is inappropriately utilizing Operations Support
Officers in the West Bank, Gaza, and other fields of
operation to inspect UNRWA installations;
(2) is 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) is 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) is 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) is 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) is 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) is 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 2022
for
[[Page H4134]]
contributions to any organization, department, agency, or
program within the United Nations system or any international
program that are withheld from obligation or expenditure due
to any provision of law: Provided, That the Secretary shall
update such report each time additional funds are withheld by
operation of any provision of law: Provided further, That
the reprogramming of any withheld funds identified in such
report, including updates thereof, shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(g) Sexual Exploitation and Abuse in Peacekeeping
Operations.--The Secretary of State shall withhold assistance
to any unit of the security forces of a foreign country if
the Secretary has credible information that such unit has
engaged in sexual exploitation or abuse, including while
serving in a United Nations peacekeeping operation, until the
Secretary determines that the government of such country is
taking effective steps to hold the responsible members of
such unit accountable and to prevent future incidents:
Provided, That the Secretary shall promptly notify the
government of each country subject to any withholding of
assistance pursuant to this paragraph, and shall notify the
appropriate congressional committees of such withholding not
later than 10 days after a determination to withhold such
assistance is made: Provided further, That the Secretary
shall, to the maximum extent practicable, assist such
government in bringing the responsible members of such unit
to justice.
(h) Additional Availability.--Subject to the regular
notification procedures of the Committees on Appropriations,
funds appropriated by this Act which are returned or not made
available due to the second proviso under the heading
``Contributions for International Peacekeeping Activities''
in title I of this Act or section 307(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2227(a)), shall remain
available for obligation until September 30, 2023: Provided,
That the requirement to withhold funds for programs in Burma
under section 307(a) of the Foreign Assistance Act of 1961
shall not apply to funds appropriated by this Act.
war crimes tribunals
Sec. 7049. (a) If the President determines that doing so
will contribute to a just resolution of charges regarding
genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to section
552(c) of the Foreign Assistance Act of 1961 of up to
$30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the
former Yugoslavia by the United Nations Security Council or
such other tribunals or commissions as the Council may
establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2)
thereof: Provided, That the determination required under
this section shall be in lieu of any determinations otherwise
required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made
available subject to the regular notification procedures of
the Committees on Appropriations.
(b) None of the funds appropriated by this Act may be made
available for a United States contribution to the
International Criminal Court: Provided, That funds may be
made available for technical assistance, training, assistance
for victims, protection of witnesses, and law enforcement
support related to international investigations,
apprehensions, prosecutions, and adjudications of genocide,
crimes against humanity, and war crimes: Provided further,
That the previous proviso shall not apply to investigations,
apprehensions, or prosecutions of American service members
and other United States citizens or nationals, or nationals
of the North Atlantic Treaty Organization (NATO) or major
non-NATO allies initially designated pursuant to section
517(b) of the Foreign Assistance Act of 1961.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for
obligation during fiscal year 2022 under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $72,000,000 shall
be made available for programs to promote Internet freedom
globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of
expression on the Internet, and that are important to the
national interest of the United States: Provided further,
That funds made available pursuant to this section shall be
matched, to the maximum extent practicable, by sources other
than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``Democracy
Fund'', and ``Assistance for Europe, Eurasia and Central
Asia'' that are made available pursuant to subsection (a)
shall be--
(A) coordinated with other democracy programs funded by
this Act under such headings, and shall be incorporated into
country assistance and democracy promotion strategies, as
appropriate;
(B) for programs to implement the May 2011, International
Strategy for Cyberspace, the Department of State
International Cyberspace Policy Strategy required by section
402 of the Cybersecurity Act of 2015 (division N of Public
Law 114-113), and the comprehensive strategy to promote
Internet freedom and access to information in Iran, as
required by section 414 of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations;
to combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists;
(D) made available for research of key threats to Internet
freedom; the continued development of technologies that
provide or enhance access to the Internet, including
circumvention tools that bypass Internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and maintenance of the technological advantage
of the United States Government over such censorship
techniques: Provided, That the Secretary of State, in
consultation with the United States Agency for Global Media
Chief Executive Officer (USAGM CEO) and the President of the
Open Technology Fund (OTF), shall coordinate any such
research and development programs with other relevant United
States Government departments and agencies in order to share
information, technologies, and best practices, and to assess
the effectiveness of such technologies; and
(E) made available only after the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State,
concurs that such funds are allocated consistent with--
(i) the strategies referenced in subparagraph (B) of this
paragraph;
(ii) best practices regarding security for, and oversight
of, Internet freedom programs; and
(iii) sufficient resources and support for the development
and maintenance of anti-censorship technology and tools.
(2) United states agency for global media.--Funds
appropriated by this Act under the heading ``International
Broadcasting Operations'' that are made available pursuant to
subsection (a) shall be--
(A) made available only for open-source tools and
techniques to securely develop and distribute USAGM digital
content, facilitate audience access to such content on
websites that are censored, coordinate the distribution of
USAGM digital content to targeted regional audiences, and to
promote and distribute such tools and techniques, including
digital security techniques;
(B) coordinated by the USAGM CEO, in consultation with the
OTF President, with programs funded by this Act under the
heading ``International Broadcasting Operations'', and shall
be incorporated into country broadcasting strategies, as
appropriate;
(C) coordinated by the USAGM CEO, in consultation with the
OTF President, to solicit project proposals through an open,
transparent, and competitive application process, seek input
from technical and subject matter experts to select
proposals, and support Internet circumvention tools and
techniques for audiences in countries that are strategic
priorities for the OTF and in a manner consistent with the
United States Government Internet freedom strategy; and
(D) made available for the research and development of new
tools or techniques authorized in subparagraph (A) only after
the USAGM CEO, in consultation with the Secretary of State,
the OTF President, and other relevant United States
Government departments and agencies, evaluates the risks and
benefits of such new tools or techniques, and establishes
safeguards to minimize the use of such new tools or
techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among
the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after
enactment of this Act, the Secretary of State and the USAGM
CEO, in consultation with the OTF President, shall submit to
the Committees on Appropriations spend plans for funds made
available by this Act for programs to promote Internet
freedom globally, which shall include a description of
safeguards established by relevant agencies to ensure that
such programs are not used for illicit purposes: Provided,
That the Department of State spend plan shall include funding
for all such programs for all relevant Department of State
and the United States Agency for International Development
offices and bureaus.
(d) Security Audits.--Funds made available pursuant to this
section to promote Internet freedom globally may only be made
available to support open-source technologies that undergo
comprehensive security audits consistent with the
requirements of the Bureau of Democracy, Human Rights, and
Labor, Department of State to ensure that such technology is
secure and has not been compromised in a manner detrimental
to the interest of the United States or to individuals and
organizations benefiting from programs supported by such
funds: Provided, That the security auditing procedures used
by such Bureau shall be reviewed and updated periodically to
reflect current industry security standards.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Limitation.--None of the funds made
available by this Act may be used to support or justify the
use of torture and other cruel, inhuman, or degrading
treatment or punishment by any official or contract employee
of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available, notwithstanding section
660 of the Foreign Assistance Act of 1961 and following
consultation with the Committees on Appropriations, for
assistance to eliminate torture and other cruel, inhuman, or
degrading treatment or punishment by foreign police, military
or other security forces in countries receiving assistance
from funds appropriated by this Act.
[[Page H4135]]
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any
other provision of law or regulation, aircraft procured with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic Programs'', ``International Narcotics Control
and Law Enforcement'', ``Andean Counterdrug Initiative'', and
``Andean Counterdrug Programs'' may be used for any other
program and in any region.
(b) Property Disposal.--The authority provided in
subsection (a) shall apply only after the Secretary of State
determines and reports to the Committees on Appropriations
that the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That
any such transfer shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That notwithstanding section 7063(b) of
this Act, such aircraft may be used to transport, on a
reimbursable or non-reimbursable basis, Federal and non-
Federal personnel supporting Department of State and USAID
programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported
on a reimbursable basis, or without reimbursement when
traveling on a space available basis: Provided further, That
funds received by the Department of State in connection with
the use of aircraft owned, leased, or chartered by the
Department of State may be credited to the Working Capital
Fund of the Department and shall be available for expenses
related to the purchase, lease, maintenance, chartering, or
operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose
of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne
by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act: Provided, That the date ``September
30, 2009'' in subsection (f)(2)(B) of such section shall be
deemed to be ``September 30, 2021''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of
sections 7086(b) (1) and (2) and 7090(a) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Monetary Fund (IMF) to seek to ensure that any
loan will be repaid to the IMF before other private or
multilateral creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated
in this Act may be used to provide assistance (other than
funds provided under the headings ``Development Assistance'',
``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law
Enforcement'', ``Migration and Refugee Assistance'', ``United
States Emergency Refugee and Migration Assistance Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which
has notified the Department of State of its refusal to
extradite to the United States any individual indicted for a
criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing
a law enforcement officer, as specified in a United States
extradition request.
(b) Clarification.--Subsection (a) shall only apply to the
central government of a country with which the United States
maintains diplomatic relations and with which the United
States has an extradition treaty and the government of that
country is in violation of the terms and conditions of the
treaty.
(c) Waiver.--The Secretary of State may waive the
restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that
such waiver is important to the national interest of the
United States.
impact on jobs in the united states
Sec. 7056. None of the funds appropriated or otherwise
made available under titles III through VI of this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade
Act of 1974, of workers in the recipient country, including
any designated zone or area in that country: Provided, That
the application of section 507(4)(D) and (E) of such Act (19
U.S.C. 2467(4)(D) and (E)) should be commensurate with the
level of development of the recipient country and sector, and
shall not preclude assistance for the informal sector in such
country, micro and small-scale enterprise, and smallholder
agriculture; or
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating
or transferring jobs from the United States to other
countries and adversely impacts the labor force in the United
States.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and
Programs'' in this Act for fiscal year 2022, $70,000,000
shall be made available for the United Nations Population
Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred
to the ``Global Health Programs'' account and shall be made
available for family planning, maternal, and reproductive
health activities, subject to the regular notification
procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is
submitted.
global health activities
Sec. 7058. (a)(1) In General.--Funds appropriated under the
heading ``Global Health Programs'' in 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 this section and the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under title III of
this Act, not less than $760,000,000 shall be made available
for family planning/reproductive health, including in areas
where population growth threatens biodiversity or endangered
species.
(2) Prohibition.--None of the funds made available in this
Act nor any unobligated balances from prior appropriations
Acts may be made available to any organization or program
which, as determined by the President of the United States,
directly supports or participates in the management of a
program of coercive abortion or involuntary sterilization:
Provided, That any determination made pursuant to this
paragraph must be made not later than 6 months after the date
of enactment of this Act, and must be accompanied by the
evidence and criteria utilized to make the determination:
Provided further, That none of the funds made available under
this Act may be used to lobby for or against abortion.
(3) Limitations.--In order to reduce reliance on abortion
in developing nations, funds shall be available only to
voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall
meet the following requirements--
(A) service providers or referral agents in the project
shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of
family planning acceptors, or acceptors of a particular
method of family planning (this provision shall not be
construed to include the use of quantitative estimates or
indicators for budgeting and planning purposes);
(B) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to:
(i) an individual in exchange for becoming a family
planning acceptor; or
(ii) program personnel for achieving a numerical target or
quota of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning;
(C) the project shall not deny any right or benefit,
including the right of access to participate in any program
of general welfare or the right of access to health care, as
a consequence of any individual's decision not to accept
family planning services;
(D) the project shall provide family planning acceptors
comprehensible information on the
[[Page H4136]]
health benefits and risks of the method chosen, including
those conditions that might render the use of the method
inadvisable and those adverse side effects known to be
consequent to the use of the method;
(E) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and
(F) not less than 60 days after the date on which the USAID
Administrator determines that there has been a violation of
the requirements contained in subparagraphs (A), (B), (C), or
(E) of this paragraph, or a pattern or practice of violations
of the requirements contained in subparagraph (D) of such
paragraph, the Administrator shall submit to the Committees
on Appropriations a report containing a description of such
violation and the corrective action taken by the Agency.
(4) Natural Family Planning.--In awarding grants for
natural family planning under section 104 of the Foreign
Assistance Act of 1961, no applicant shall be discriminated
against because of such applicant's religious or
conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply
with the requirements of paragraph (3).
(5) Definition.--For purposes of this or any other Act
authorizing or appropriating funds for the Department of
State, foreign operations, and related programs, the term
``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent
with local law, of information or counseling about all
pregnancy options.
(6) Information.--Information provided about the use of
condoms and modern contraceptives as part of projects or
activities that are funded from amounts appropriated by this
Act shall be medically accurate and shall include the public
health benefits and failure rates of such use.
(7) HIV/AIDS Working Capital Fund.--Funds available in the
HIV/AIDS Working Capital Fund established pursuant to section
525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-
447) may be made available for pharmaceuticals and other
products for other global health, emerging infectious
disease, and child survival activities to the same extent as
HIV/AIDS pharmaceuticals and other products, subject to the
terms and conditions in such section: Provided, That the
authority in section 525(b)(5) of the Foreign Operations,
Export Financing, and Related Programs Appropriation Act,
2005 (Public Law 108-447) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds
deposited for such non-HIV/AIDS pharmaceuticals and other
products, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the Secretary of State shall include in the
congressional budget justification an accounting of budgetary
resources, disbursements, balances, and reimbursements
related to such fund.
(b) Infectious Disease Outbreaks.--
(1) Global health security.--Funds appropriated by this Act
under the heading ``Global Health Programs'' shall be made
available for global health security programs, which shall
prioritize and accelerate efforts to strengthen public health
capacity in countries where there is a high risk of emerging
zoonotic and other infectious diseases and to support the
collection, analysis, and sharing of data on unknown viruses
and other pathogens: Provided, That not later than 60 days
after enactment of this Act, the USAID Administrator shall
consult with the Committees on Appropriations on the planned
uses of such funds.
(2) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations
that an international infectious disease outbreak is
sustained, severe, and is spreading internationally, or that
it is in the national interest to respond to a Public Health
Emergency of International Concern, not to exceed an
aggregate total of $200,000,000 of the funds appropriated by
this Act under the headings ``Global Health Programs'',
``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', ``Migration and Refugee Assistance'', and
``Millennium Challenge Corporation'' may be made available to
combat such infectious disease or public health emergency,
and may be transferred to, and merged with, funds
appropriated under such headings for the purposes of this
paragraph.
(3) Emergency reserve fund.--Up to $90,000,000 of the funds
made available under the heading ``Global Health Programs''
may be made available for the Emergency Reserve Fund
established pursuant to section 7058(c)(1) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31):
Provided, That such funds shall be made available under the
same terms and conditions of such section.
(4) Pandemic facility.--Funds appropriated by this Act
under the heading ``Global Health Programs'' may be made
available for a contribution to an international financing
mechanism for pandemic preparedness.
(5) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with
the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
(c) Limitation.--Notwithstanding any other provision of
law, none of the funds made available by this Act may be made
available to the Wuhan Institute of Virology located in the
City of Wuhan in the People's Republic of China.
gender equality
Sec. 7059. (a) Women's Empowerment.--
(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 participation, and protecting the
rights of women and girls worldwide.
(2) Women's economic empowerment.--Funds appropriated by
this Act are available to implement the Women's
Entrepreneurship and Economic Empowerment Act of 2018 (Public
Law 115-428): Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the
Committees on Appropriations on the implementation of such
Act.
(3) Gender equity and equality action fund.--Of the funds
appropriated under title III of this Act, not less than
$200,000,000 shall be made available for the Gender Equity
and Equality Action Fund.
(b) Women's Leadership.--Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made
available for programs specifically designed to increase
leadership opportunities for women in countries where women
and girls suffer discrimination due to law, policy, or
practice, by strengthening protections for women's political
status, expanding women's participation in political parties
and elections, and increasing women's opportunities for
leadership positions in the public and private sectors at the
local, provincial, and national levels.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $200,000,000 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 titles III and IV, not less than
$150,000,000 should be made available to support a multi-year
strategy to expand, and improve coordination of, United
States Government efforts to empower women as equal partners
in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected
by conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to
women and girls.
(e) Women and Girls at Risk From Extremism and Conflict.--
Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $17,000,000 shall be
made available to support women and girls who are at risk
from extremism and conflict, and for the activities described
in section 7059(e)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141): Provided, That such
funds are in addition to amounts otherwise made available by
this Act for such purposes, and shall be made available
following consultation with, and the regular notification
procedures of, the Committees on Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $950,000,000 shall be made available for
assistance for the Nita M. Lowey Basic Education Fund, and
such funds may be made available notwithstanding any other
provision of law: Provided, That of the funds made available
by this paragraph, $150,000,000 should be available for the
education of girls in areas of conflict: Provided further,
That section 7(a) of Public Law 115-56 shall be implemented
by substituting ``the thirtieth day of June following'' for
``180 days after''.
(B) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$150,000,000 shall be made available for contributions to
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $250,000,000 shall be made
available for assistance for higher education: Provided,
That such funds may be made available notwithstanding any
other provision of law that restricts assistance to foreign
countries, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of such amount, not less than $35,000,000 shall
be made available for new and ongoing partnerships between
higher education institutions in the United States and
developing countries focused on building the capacity of
higher education institutions and systems in developing
countries: Provided further, That not later than 45 days
after enactment of this Act, the USAID Administrator shall
consult with the Committees on Appropriations on the proposed
uses of funds for such partnerships.
(b) Development Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not
less than $17,000,000 shall be made available for USAID
cooperative development programs and not less than
$31,500,000 shall be made available for the American Schools
and Hospitals Abroad program.
(c) Environment Programs.--
[[Page H4137]]
(1)(A) 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, except for the
provisions of this subsection, to support environment
programs.
(B) Funds made available pursuant to this subsection shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(2)(A) Of the funds appropriated under title III of this
Act, not less than $400,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $125,000,000 of the funds appropriated
under titles III and IV of this Act shall be made available
to combat the transnational threat of wildlife poaching and
trafficking.
(C) 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.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the Secretary
of the Treasury shall instruct the United States executive
directors of each international financial institution (IFI)
to use the voice and vote of the United States to oppose any
financing of any such activity.
(3) The Secretary of the Treasury shall instruct the United
States executive director of each IFI that it is the policy
of the United States to use the voice and vote of the United
States, in relation to any loan, grant, strategy, or policy
of such institution, regarding the construction of any large
dam consistent with the criteria set forth in Senate Report
114-79, while also considering whether the project involves
important foreign policy objectives.
(4) Of the funds appropriated under title III of this Act,
not less than $202,500,000 shall be made available for
sustainable landscapes programs.
(5) Of the funds appropriated under title III of this Act,
not less than $294,200,000 shall be made available for
adaptation programs, including in support of the
implementation of the Indo-Pacific Strategy.
(6) Of the funds appropriated under title III of this Act,
not less than $268,500,000 shall be made available for
renewable energy programs, including in support of carrying
out the purposes of the Electrify Africa Act (Public Law 114-
121) and implementation of the Power Africa initiative.
(d) Food Security and Agricultural Development.--Of the
funds appropriated by title III of this Act, not less than
$1,100,000,000 shall be made available for food security and
agricultural development programs to carry out the purposes
of the Global Food Security Act of 2016 (Public Law 114-195):
Provided, That funds may be made available for a
contribution as authorized by section 3202 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by section 3310 of the Agriculture Improvement Act of
2018 (Public Law 115-334).
(e) Micro, Small, and Medium-sized Enterprises.--Of the
funds appropriated by this Act, not less than $265,000,000
shall be made available to support the development of, and
access to financing for, micro, small, and medium-sized
enterprises that benefit the poor, especially women.
(f) Programs to Combat Trafficking in Persons.--Of the
funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', not
less than $106,400,000 shall be made available for activities
to combat trafficking in persons internationally, including
for the Program to End Modern Slavery, of which not less than
$77,000,000 shall be from funds made available under the
heading ``International Narcotics Control and Law
Enforcement'': Provided, That funds made available by this
Act under the headings ``Development Assistance'', ``Economic
Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' that are made available for activities to
combat trafficking in persons should be obligated and
programmed consistent with the country-specific
recommendations included in the annual Trafficking in Persons
Report, and shall be coordinated with the Office to Monitor
and Combat Trafficking in Persons, Department of State.
(g) Reconciliation Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not
less than $25,000,000 shall be made available to support
people-to-people reconciliation programs which bring together
individuals of different ethnic, religious, and political
backgrounds from areas of civil strife and war: Provided,
That the USAID Administrator shall consult with the
Committees on Appropriations, prior to the initial obligation
of funds, on the uses of such funds, and such funds shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That to the
maximum extent practicable, such funds shall be matched by
sources other than the United States Government: Provided
further, That such funds shall be administered by the Center
for Conflict and Violence Prevention, USAID.
(h) Water and Sanitation.--Of the funds appropriated by
this Act, not less than $475,000,000 shall be made available
for water supply and sanitation projects pursuant to section
136 of the Foreign Assistance Act of 1961, of which not less
than $237,000,000 shall be for programs in sub-Saharan
Africa, and of which not less than $17,000,000 shall be made
available to support initiatives by local communities in
developing countries to build and maintain safe latrines.
budget documents
Sec. 7061. (a) Operating Plans.--Not later than 45 days
after enactment of this Act, each department, agency, or
organization funded in titles I, II, and VI of this Act, and
the Department of the Treasury and Independent Agencies
funded in title III of this Act, including the Inter-American
Foundation and the United States African Development
Foundation, shall submit to the Committees on Appropriations
an operating plan for funds appropriated to such department,
agency, or organization in such titles of this Act, or funds
otherwise available for obligation in fiscal year 2022, that
provides details of the uses of such funds at the program,
project, and activity level: Provided, That such plans shall
include, as applicable, a comparison between the
congressional budget justification funding levels, the most
recent congressional directives or approved funding levels,
and the funding levels proposed by the department or agency;
and a clear, concise, and informative description/
justification: Provided further, That operating plans that
include changes in levels of funding for programs, projects,
and activities specified in the congressional budget
justification, in this Act, or amounts specifically
designated in the respective tables included in the report
accompanying this Act, as applicable, shall be subject to the
notification and reprogramming requirements of section 7015
of this Act.
(b) Spend Plans.--
(1) Not later than 90 days after enactment of this Act, the
Secretary of State or Administrator of the United States
Agency for International Development, as appropriate, shall
submit to the Committees on Appropriations a spend plan for
funds made available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon, Pakistan,
Syria, Colombia, and countries in Central America;
(B) assistance made available pursuant to section 7047(d)
of this Act to counter Russian influence and aggression,
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) democracy programs, the Power Africa and Prosper Africa
initiatives, and sectors enumerated in subsections (a), (c),
(d), (e), (f), (g) and (h) of section 7060 of this Act;
(F) funds provided under the heading ``International
Narcotics Control and Law Enforcement'' for International
Organized Crime and for Cybercrime and Intellectual Property
Rights: Provided, That the spend plans shall include
bilateral and global programs funded under such heading along
with a brief description of the activities planned for each
country; and
(G) the regional security initiatives described under this
heading in section 7050 in Senate Report 116-126.
(2) Not later than 90 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Clarification.--The spend plans referenced in
subsection (b) shall not be considered as meeting the
notification requirements in this Act or under section 634A
of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--
(1) Submission.--The congressional budget justification for
Department of State operations and foreign operations shall
be provided to the Committees on Appropriations concurrent
with the date of submission of the President's budget for
fiscal year 2023: Provided, That the appendices for such
justification shall be provided to the Committees on
Appropriations not later than 10 calendar days thereafter.
(2) Multi-year availability of certain funds.--The
Secretary of State and the USAID Administrator shall include
in the congressional budget justification a detailed
justification for multi-year availability for any funds
requested under the headings ``Diplomatic Programs'' and
``Operating Expenses''.
reorganization
Sec. 7062. (a) Oversight.--
(1) 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
paragraph (2) by the Department of State, the United States
Agency for International Development, or any other Federal
department, agency, or organization funded by this Act
without prior consultation by the head of such department,
agency, or organization with the appropriate congressional
committees: Provided, That such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That any such notification
submitted to such Committees shall include a detailed
justification for any proposed action, including the
information specified under section 7073 of the joint
explanatory statement accompanying the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6): Provided further,
That congressional notifications submitted in prior fiscal
years pursuant to similar provisions of law in prior Acts
making appropriations for the Department of State, foreign
operations, and related programs may be
[[Page H4138]]
deemed to meet the notification requirements of this section.
(2) Description of activities.--Pursuant to paragraph (1),
a reorganization, redesign, or other plan shall include any
action to--
(A) 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;
(B) expand, eliminate, consolidate, or downsize the United
States official presence overseas, including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
(C) 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.
(b) Administration of Funds.--Funds made available by this
Act--
(1) under the heading ``Migration and Refugee Assistance''
shall be administered by the Assistant Secretary for
Population, Refugees, and Migration, Department of State, and
this responsibility shall not be delegated; and
(2) that are made available for the Office of Global
Women's Issues shall be administered by the United States
Ambassador-at-Large for Global Women's Issues, Department of
State, and this responsibility shall not be delegated.
department of state management
Sec. 7063. (a) Financial Systems Improvement.--Funds
appropriated by this Act for the operations of the Department
of State under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' shall be made available to
implement the recommendations contained in the Foreign
Assistance Data Review Findings Report (FADR) and the Office
of Inspector General (OIG) report entitled ``Department
Financial Systems Are Insufficient to Track and Report on
Foreign Assistance Funds'': Provided, That such funds may
not be obligated for enhancements to, or expansions of, the
Budget System Modernization Financial System, Central
Resource Management System, Joint Financial Management
System, or Foreign Assistance Coordination and Tracking
System until such updated plan is submitted to the Committees
on Appropriations: Provided further, That such funds may not
be obligated for new, or expansion of existing, ad hoc
electronic systems to track commitments, obligations, or
expenditures of funds unless the Secretary of State,
following consultation with the Chief Information Officer of
the Department of State, has reviewed and certified that such
new system or expansion is consistent with the FADR and OIG
recommendations: Provided further, That not later than 45
days after enactment of this Act, the Secretary of State
shall submit to the Committees on Appropriations an update to
the plan required under section 7006 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
for implementing the FADR and OIG recommendations.
(b) 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 only be used for the
service centers included in the Congressional Budget
Justification, Department of State, Foreign Operations, and
Related Programs, Fiscal Year 2022: Provided, That the
amounts for such service centers shall be the amounts
included in such budget justification, except as provided in
section 7015(b) of this Act: Provided further, That Federal
agency components shall be charged only for their direct
usage of each Working Capital Fund service: Provided
further, That prior to increasing the percentage charged to
Department of State bureaus and offices for procurement-
related activities, the Secretary of State shall include the
proposed increase in the Department of State budget
justification or, at least 60 days prior to the increase,
provide the Committees on Appropriations a justification for
such increase, including a detailed assessment of the cost
and benefit of the services provided by the procurement fee:
Provided further, That Federal agency components may only pay
for Working Capital Fund services that are consistent with
the purpose and authorities of such components: Provided
further, That the Working Capital Fund shall be paid in
advance or reimbursed at rates which will return the full
cost of each service.
(c) 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.
(d) Information Technology Platform.--
(1) 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)
investment without the concurrence of the Chief Information
Officer, Department of State.
(2) None of the funds appropriated in title I of this Act
under the heading ``Administration of Foreign Affairs'' may
be used by an agency to submit a project proposal to the
Technology Modernization Board for funding from the
Technology Modernization Fund unless, not later than 15 days
in advance of submitting the project proposal to the Board,
the head of the agency--
(A) notifies the Committees on Appropriations of the
proposed submission of the project proposal; and
(B) submits to the Committees on Appropriations a copy of
the project proposal.
(3) None of the funds appropriated in title I of this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ``Administration of Foreign Affairs'' may be used by
an agency to carry out a project that is approved by the
Board unless the head of the agency--
(A) submits to the Committees on Appropriations a copy of
the approved project proposal, including the terms of
reimbursement of funding received for the project; and
(B) agrees to submit to the Committees on Appropriations a
copy of each report relating to the project that the head of
the agency submits to the Board.
(4) Special hiring authority.--The Department of State may
offer compensated internships for not more than 52 weeks, and
select, appoint, employ, and remove individuals in such
compensated internships without regard to the provisions of
law governing appointments in the competitive service.
united states agency for international development management
Sec. 7064. (a) Authority.--Up to $110,000,000 of the funds
made available in title III of this Act pursuant to or to
carry out the provisions of part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used by the United States Agency for International
Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant
to the authority of sections 308 and 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals
contained in subsection (a) shall expire on September 30,
2023.
(c) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which the
responsibilities of such individual primarily relate:
Provided, That funds made available to carry out this section
may be transferred to, and merged with, funds appropriated by
this Act in title II under the heading ``Operating
Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, pursuant to
the authority of section 309 of the Foreign Service Act of
1980 (22 U.S.C. 3949), may be extended for a period of up to
4 years notwithstanding the limitation set forth in such
section.
(e) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to
natural disasters, or man-made disasters subject to the
regular notification procedures of the Committees on
Appropriations.
(f) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Food for Peace Act (Public Law 83-480; 7
U.S.C. 1721 et seq.), may be used by USAID to employ up to 40
personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until
permanent direct hire personnel are hired and trained:
Provided, That not more than 15 of such contractors shall be
assigned to any bureau or office: Provided further, That
such funds appropriated to carry out title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be
made available only for personal services contractors
assigned to the Bureau for Humanitarian Assistance.
(g) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by
section 7059(o) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) may be assigned to or
support programs in Afghanistan or Pakistan with funds made
available in this Act and
[[Page H4139]]
prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7065. (a) Prevention and Stabilization Fund.--
(1) Funds and transfer authority.--Of the funds
appropriated by this Act under the headings ``Economic
Support Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', ``Peacekeeping Operations'', and
``Foreign Military Financing Program'', not less than
$125,000,000 shall be made available for the purposes of the
Prevention and Stabilization Fund, as authorized by, and for
the purposes enumerated in, section 509(a) of the Global
Fragility Act of 2019 (title V of division J of Public Law
116-94), of which $25,000,000 may be made available for the
Multi-Donor Global Fragility Fund authorized by section
510(c) of such Act: Provided, That such funds appropriated
under such headings may be transferred to, and merged with,
funds appropriated under such headings: Provided further,
That such transfer authority is in addition to any other
transfer authority provided by this Act or any other Act, and
is subject to the regular notification procedures of the
Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that
are made available for the Prevention and Stabilization Fund,
not less than $10,000,000 shall be made available for
programs to promote accountability for genocide, crimes
against humanity, and war crimes, including in Iraq and
Syria, which shall be in addition to any other funds made
available by this Act for such purposes: Provided, That such
programs shall include components to develop local
investigative and judicial skills, and to collect and
preserve evidence and maintain the chain of custody of
evidence, including for use in prosecutions, and may include
the establishment of, and assistance for, transitional
justice mechanisms: Provided further, That such funds shall
be administered by the Special Coordinator for the Office of
Global Criminal Justice, Department of State: Provided
further, That funds made available by this paragraph shall be
made available on an open and competitive basis.
(b) Global Fragility Act Implementation.--Funds
appropriated by this Act shall be made available to implement
the Global Fragility Act of 2019 (title V of division J of
Public Law 116-94): Provided, That not later than 90 days
after enactment of this Act, the Secretary of State, in
consultation with the Administrator of the United States
Agency for International Development, shall submit a spend
plan to the Committees on Appropriations detailing the use of
funds made available by this Act for such purposes.
(c) Global Community Engagement and Resilience Fund.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs under the heading ``Economic Support Fund'' may be
made available to the Global Community Engagement and
Resilience Fund (GCERF), including as a contribution:
Provided, That any such funds made available for the GCERF
shall be made available on a cost-matching basis from sources
other than the United States Government, to the maximum
extent practicable, and shall be subject to the regular
notification procedures of the Committees on Appropriations.
(d) Global Concessional Financing Facility.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', $25,000,000 shall be made available for the Global
Concessional Financing Facility of the World Bank to provide
financing to support refugees and host communities:
Provided, That such funds shall be in addition to funds
allocated for bilateral assistance in the report required by
section 653(a) of the Foreign Assistance Act of 1961, and may
only be made available subject to prior to consultation with
the Committees on Appropriations: Provided further, That
such funds may be transferred to the Department of the
Treasury.
disability programs
Sec. 7066. (a) Assistance.--Funds appropriated by this Act
under the heading ``Development Assistance'' shall be made
available for programs and activities administered by the
United States Agency for International Development to address
the needs and protect and promote the rights of people with
disabilities in developing countries, including initiatives
that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports,
political and electoral participation, and integration of
individuals with disabilities, including for the cost of
translation.
(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.
debt-for-development
Sec. 7067. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title III
of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
enterprise funds
Sec. 7068. (a) Notification.--None of the funds made
available under titles III through VI of this Act may be made
available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in
advance.
(b) Distribution of Assets Plan.--Prior to the distribution
of any assets resulting from any liquidation, dissolution, or
winding up of an Enterprise Fund, in whole or in part, the
President shall submit to the appropriate congressional
committees a plan for the distribution of the assets of the
Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to
and operation of any private equity fund or other parallel
investment fund under an existing Enterprise Fund, the
President shall submit such transition or operating plan to
the appropriate congressional committees.
extension of consular fees and related authorities
Sec. 7069. (a) Section 1(b)(1) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(1)) shall be applied through fiscal
year 2022 by substituting ``the costs of providing consular
services'' for ``such costs''.
(b) Section 21009 of the Emergency Appropriations for
Coronavirus Health Response and Agency Operations (division B
of Public Law 116-136; 134 Stat. 592) shall be applied during
fiscal year 2022 by substituting ``2020, 2021, and 2022'' for
``2020 and 2021''.
(c) Discretionary amounts made available to the Department
of State under the heading ``Administration of Foreign
Affairs'' of this Act, and discretionary unobligated balances
under such heading from prior Acts making appropriations for
the Department of State, foreign operations, and related
programs, may be transferred to the Consular and Border
Security Programs account if the Secretary of State
determines and reports to the Committees on Appropriations
that to do so is necessary to sustain consular operations,
following consultation with such Committees: Provided, That
such transfer authority is in addition to any transfer
authority otherwise available in this Act and under any other
provision of law.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2022, the Secretary of State
may also use fees deposited into the Fraud Prevention and
Detection Account for the costs of providing consular
services.
(e) Amounts repurposed or transferred pursuant to this
section that were previously designated by the Congress for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget are designated
by the Congress as being for an emergency requirement
pursuant to section 1(f) of H.Res. 467 of the 117th Congress
as engrossed on June 14, 2021.
protective services
Sec. 7070. Of the funds appropriated under the heading
``Diplomatic Programs'' by this Act and 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, up to $15,000,000
may be made available to provide protective services to
former or retired senior Department of State officials or
employees that the Secretary of State, in consultation with
the Director of National Intelligence, determines and reports
to congressional leadership and the appropriate congressional
committees, face a serious and credible threat from a foreign
power or the agent of a foreign power arising from duties
performed by such official or employee while employed by the
Department: Provided, That such determination shall include
a justification for the provision of protective services by
the Department, including the identification of the specific
nature of the threat and the anticipated duration of such
services provided, which may be submitted in classified form,
if necessary: Provided further, That such protective
services shall be consistent with other such services
performed by the Bureau of Diplomatic Security under 22
U.S.C. 2709 for Department officials, and shall be made
available for an initial period of not more than 180 days,
which may be extended for additional consecutive periods of
60 days upon a subsequent determination by the Secretary that
the specific threat persists: Provided further, That not
later than 45 days after enactment of this Act and quarterly
thereafter, the Secretary shall submit a report to
congressional leadership and the appropriate congressional
committees detailing the number of individuals receiving
protective services and the amount of funds expended for such
services on a case-by-case basis, which may be submitted in
classified form, if necessary: Provided further, That for
purposes of this section a former or retired senior
Department of State official or employee means a person that
served in the Department at the Assistant Secretary, Special
Representative, or Senior Advisor level, or in a comparable
or more senior position, and has separated from service at
the Department: Provided further, That funds made available
pursuant to this section are in addition to amounts otherwise
made available for such purposes.
rescissions
(including rescissions of funds)
Sec. 7071. (a) Economic Support Fund.--Of the unobligated
balances from amounts made
[[Page H4140]]
available under the heading ``Economic Support Fund'' from
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, $15,000,000 are
rescinded.
(b) Millennium Challenge Corporation.--Of the unobligated
balances from amounts made available under the heading
``Millennium Challenge Corporation'' from prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, $515,000,000 are rescinded.
(c) Peace Corps.--Of the unobligated balances from amounts
made available under the heading ``Peace Corps'' from prior
Acts making appropriations for the Department of State,
foreign operations, and related programs, $40,000,000 are
rescinded.
(d) International Narcotics Control and Law Enforcement.--
Of the unobligated balances from amounts made available under
the heading ``International Narcotics Control and Law
Enforcement'' from prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, $5,000,000 are rescinded.
(e) Restriction.--No amounts may be rescinded from amounts
that were previously designated by the Congress as an
emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1984 or a concurrent
resolution on the budget.
assistance for foreign nongovernmental organizations
Sec. 7072. The Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) is amended by inserting after section 104C the
following:
``SEC. 104D ELIGIBILITY FOR ASSISTANCE.
``Notwithstanding any other provision of law, regulation,
or policy, in determining eligibility for assistance under
sections 104, 104A, 104B, and 104C, a foreign nongovernmental
organization--
``(1) shall not be ineligible for such assistance solely on
the basis of health or medical services, including counseling
and referral services, provided by such organization with
non-United States Government funds if such services--
``(A) do not violate the laws of the country in which they
are being provided; and
``(B) would not violate United States Federal law if
provided in the United States; and
``(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance
under this part.''.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022''.
SUPPORT FOR A ROBUST GLOBAL RESPONSE TO THE COVID-19 PANDEMIC
Sec. 7073. (a) United States Policies at the International
Financial Institutions.--
(1) In general.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
international financial institution (as defined in section
1701(c)(2) of the International Financial Institutions Act
(22 U.S.C. 262r(c)(2))) to use the voice and vote of the
United States at the respective institution--
(A) to seek to ensure adequate fiscal space for world
economies in response to the global coronavirus disease 2019
(commonly referred to as ``COVID-19'') pandemic through--
the suspension of all debt service payments to the
institution; and
(ii) the relaxation of fiscal targets for any government
operating a program supported by the institution, or seeking
financing from the institution, in response to the pandemic;
(B) to oppose the approval or endorsement of any loan,
grant, document, or strategy that would lead to a decrease in
health care spending or in any other spending that would
impede the ability of any country to prevent or contain the
spread of, or treat persons who are or may be infected with,
the SARS-CoV-2 virus; and
(C) to require approval of all Special Drawing Rights
allocation transfers from wealthier member countries to
countries that are emerging markets or developing countries,
based on confirmation of implementable transparency
mechanisms or protocols to ensure the allocations are used
for the public good and in response the global pandemic.
(2) IMF issuance of special drawing rights.--It is the
policy of the United States to support the issuance of a
special allocation of not less than 1,542,000,000,000 Special
Drawing Rights so that governments are able to access
additional resources to finance their responses to the global
COVID-19 pandemic. The Secretary of the Treasury shall use
the voice and vote of the United States to support the
issuance, and shall instruct the United States Executive
Director at the International Monetary Fund to support the
same.
(3) The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund
to use the voice and vote of the United States to actively
promote and take all appropriate actions with respect to
implementing the policy goals of the United States set forth
in paragraph (2) and shall post the instruction on the
website of the Department of the Treasury.
Termination.--This section shall have no force or effect
after the earlier of--
(1) the date that is 1 year after the date of the enactment
of this Act; or
(2) the date that is 30 days after the date on which the
Secretary of the Treasury submits to the Committee on Foreign
Relations of the Senate and the Committee on Financial
Services of the House of Representatives a report stating
that the SARS-CoV-2 virus is no longer a serious threat to
public health in any part of the world.
The SPEAKER pro tempore. The bill, as amended, is debatable for 1
hour equally divided and controlled by the chair and ranking minority
member of the Committee on Appropriations or their respective
designees.
The gentlewoman from California (Ms. Lee) and the gentleman from
Kentucky (Mr. Rogers) each will control 30 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. LEE of California. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. LEE of California. Mr. Speaker, I yield myself such time as I may
consume.
I am very proud, Mr. Speaker, to present the fiscal year 2022 State,
Foreign Operations, and Related Programs Appropriations bill for the
first time as chairwoman of this critically important subcommittee.
Indeed, it is an honor to be entrusted with the responsibility of
managing the SFOPS bill which has been a key component of United States
foreign policy since World War II.
The resources provided in this bill are based on the fundamental
generosity of the American people, but they also protect and advance
our national security, economic prosperity, and global leadership. I
commend the Biden-Harris administration and our chair, Rosa DeLauro,
for recognizing the importance of the State and Foreign Operations
budget, and I urge my colleagues to follow suit by supporting this
bill.
With unprecedented levels of human suffering and so many complicated
challenges around the world, the bill rightfully increases funding for
global health and the prevention of future pandemics and for migration,
refugee, and disaster assistance, and continues our support for key
allies and partner organizations such as the United Nations. These are
just a few of many ways the SFOPS bill meets urgent humanitarian needs,
many of which have been exacerbated by the COVID-19 pandemic.
The COVID pandemic has caused significant economic and social harm.
That is why the development investments in this bill are especially
crucial as we strive to achieve the Sustainable Development Goals by
2030, including eliminating extreme poverty, achieving an AIDS-free
generation, and supporting efforts to build inclusive, equitable, and
accountable societies for everyone.
Now, let me address directly some of the questions I have heard about
what the SFOPS bill does and does not include.
To my friends who focus, as I do, on women's global health, the
fiscal year 2022 SFOPS bill substantially increases funding for
bilateral family planning for the first time in a decade to $760
million, which is an $185 million increase over last year. It also more
than doubles our contribution to UNFPA to $70 million, which we know
was completely cut off and politically scapegoated during the previous
administration.
Just as important, the bill does not include previous years' policy
riders like the harmful Helms amendment and the global gag rule which
only served to undercut our programs' effectiveness and ability to
provide women, especially women of color, around the world with
comprehensive healthcare.
To our friends committed to fighting the climate crisis, this year's
SFOPS bill provides a $1.6 billion contribution to the Green Climate
Fund, which is the first direct appropriation that this House has
provided for the fund. Along with an additional $1.4 billion for our
other environmental programs, this bill invests $3 billion to combat
the climate crisis which will help ensure that the United States
resumes its leadership in this global fight and work in partnership
with other countries.
To my friends who have requested increased funding for our own
hemisphere, this year's bill includes a 25 percent increase for the
Caribbean, including $10 million in new funding for projects in the
Caribbean to promote inclusive economic growth.
[[Page H4141]]
The bill also includes $350 million more than last year for
assistance to Central America, which is urgently needed in the Northern
Triangle, to address the root causes of migration and to help combat
corruption and impunity which are so endemic among local government
officials. We all have met and are haunted by the experiences that
migrants have conveyed to us despite all the odds about their dangerous
journey across Mexico. We must do better so that the United States
border is not their last and best hope for survival. That is why the
House bill makes targeted investments in local communities through
trusted NGOs while holding national governments accountable.
The bill also provides critical support for vulnerable communities in
Africa and upholds our abiding commitments to the security of our
allies, such as Israel, Jordan, Ukraine, and Colombia. Many of our
partners continue to struggle with growing economic challenges at home
resulting from conflicts in their region, migration, and the impact of
COVID-19.
The SFOPS bill and report make clear our support for a two-state
solution to the Israeli-Palestinian conflict, and we have increased
assistance to the Palestinian people by $150 million over last year's
bill and eased the burdensome requirements on the administration's
ability to contribute to UNRWA.
Crucially, and of great importance to me, the bill also helps ensure
that our Nation's diplomatic and development workforce reflects the
diversity of the American people by increasing funding and providing
authority and guidance to equip the Secretary of State and USAID
administrator to make meaningful progress in increasing diversity and
inclusion in the Nation's international affairs workforce.
Lastly, to my friends who passionately advocate for human rights,
democracy, and the rule of law, I share your goals and your values. The
SFOPS bill may not solve all of the world's problems, but it certainly
makes new and significant gains on many different fronts. We include
new oversight and accountability requirements on our security
assistance which will better align such aid with our national security
policy before it is provided, and we provide support to civil society
leaders around the world who are making their communities and societies
more equitable and inclusive.
We also include $18 million for the Tibetan people. I especially want
to thank our Speaker and good friend, Chairman McGovern, for their work
on this issue.
I have many more examples, but my time is limited. I will conclude by
urging my colleagues to consider the very positive and considerable
progress we have made in this year's SFOPS bill in reversing the
devastating consequences from the last administration's foreign policy
failures. Restoring American credibility and leadership on the world
stage is no easy task, but this bill makes unequivocal commitments to
diplomacy and development in addition to improving the lives and
livelihoods of millions of people around the world.
Mr. Speaker, I ask your support of the SFOPS bill, and I reserve the
balance of my time.
{time} 1415
Mr. ROGERS of Kentucky. Mr. Speaker, I yield myself such time as I
may consume.
I rise in opposition to the bill. At the outset, though, I want to
congratulate our subcommittee chair on shepherding her very first bill
to the House floor. The bill before us provides $62.2 billion for the
Department of State, Foreign Operations, and Related Programs. That is
a 12 percent increase, Mr. Speaker, over the fiscal year 2021 enacted
level.
The bill provides important funding for our national security,
including $3.3 billion for Israel. The recent conflict between Israel
and Hamas, and the looming shadow of Hezbollah and Iran, remind us all
of the threats Israel faces to its security every day.
The fighting in Gaza stopped when it did, in part, due to the
diplomatic efforts of Egypt. As Secretary of State Blinken told the
committee, Egypt was vital to helping arrange the cease-fire and
remains an essential partner for the United States in the region--
Egypt.
While the bill maintains funding for Egypt at the current level, I
strongly disagree with the additional conditions that this bill places
on Egypt.
The bill continues critical funding for Jordan, supports countries
facing Russian aggression, and provides resources to meet our
commitments in the Indo-Pacific, including $300 million for the
Countering Chinese Influence Fund.
The bill provides funding for Colombia, our good ally and friend, at
last year's level. This is a critical moment for that country, and we
should be doing all we can to support them. However, I regret that new
conditions that this bill places could undermine our counternarcotics
efforts, which are critical in Colombia.
Our programs there are in our own self-interest, especially given the
amount of cocaine that still floods American streets and causes so much
destruction in our communities back home.
Another drug problem sowing chaos back home is the opioid epidemic.
The bill includes new language that directs the State Department to
expand their current efforts to tackle the opioid crisis and better
address this terrible problem.
Mr. Speaker, I wish I could stop there and say this is a good bill.
Unfortunately, the spending increases outside of these critical areas
are just too great, and the policy riders are too extreme.
First and foremost are changes made to the longstanding measures that
protect the sanctity of life. These are commonsense provisions that
have enjoyed bipartisan support for decades. Of greatest concern is the
removal of the most important condition in any State-Foreign Operations
bill, that no funds can be used to pay for abortion. The removal of
that language is unprecedented, but it doesn't stop there.
The bill also includes a permanent prohibition of the Mexico City
policy, weakens the Kemp-Kasten restrictions on coercive abortion, and
increases funding to the U.N., among many other controversial changes.
Another tough pill for the American taxpayer to swallow is the more
than $3 billion included in this bill for environmental programs that
bring a high potential for duplication, wasteful complexity, and
substantial oversight challenges.
The bill also increases funding for the United Nations and other
international organizations while ignoring the need for long-overdue
and desperately needed reforms.
The absence of conditions on the World Health Organization is
particularly concerning, given what we all know about their complicity
in covering up the COVID-19 outbreak.
Despite some areas of agreement, the unrestrained spending and
unprecedented partisan riders require that I oppose this legislation.
I, therefore, urge my colleagues to oppose this bill.
Mr. Speaker, I reserve the balance of my time.
Ms. LEE of California. Mr. Speaker, I yield 3 minutes to the
gentlewoman from Connecticut (Ms. DeLauro), our very distinguished
chair who serves for the first time this year as the chair of the
Appropriations Committee and has done a phenomenal job in helping us
get this bill to the floor.
Ms. DeLAURO. Mr. Speaker, I thank the gentlewoman. With both of us,
this is a maiden voyage, so it is wonderful to be with her. I thank her
for the work that she has done.
I thank our ranking member as well for the work on this bill.
Mr. Speaker, the past 4 years have seriously eroded our Nation's
position in the world. Under President Trump, our government was more
disruptive than constructive and more absent than present on the world
stage. This has been especially true in the midst of the worst public
health and economic crisis in a generation.
President Biden has made it clear that America is back. The State,
Foreign Operations, and Related Programs funding bill puts those words
into action. It makes America stronger at home and respected again in
the world. It restores American leadership by responding to global
health threats, including the ongoing coronavirus pandemic. It
addresses urgent humanitarian needs while confronting the climate
crisis.
As we speak, the global pandemic is far from over. Around the world,
we are still seeing over 400,000 new cases per
[[Page H4142]]
day and over 8,000 deaths. To confront this continuing crisis, this
bill invests in global health and the prevention of future pandemics
with $10.6 billion to support the health of families and global
communities, including $1 billion in global health security to bolster
the public health surveillance, detection, and response capabilities of
countries around the world.
Given the global economic devastation wrought by the pandemic, this
bill provides $8.5 billion to meet urgent humanitarian needs. It
empowers women to build a brighter future for their families and
communities by providing $760 million for family planning and $70
million for the United Nations Population Fund while repealing the
restrictions that make it more difficult for women across the world to
access safe and legal abortions.
Finally, this bill prepares us for the existential threat of climate
change. It provides more than $3 billion to address the climate crisis
and other environmental programs, including $1.6 billion for the Green
Climate Fund.
With this bill, we are proving that America is back and ready to
confront the biggest challenges facing our Nation and the world.
I thank Chairwoman Lee for her work, and I urge support for the bill.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 4 minutes to the
gentlewoman from Texas (Ms. Granger), the ranking member of the
Appropriations Committee.
Ms. GRANGER. Mr. Speaker, I rise today in strong opposition to H.R.
4373, the fiscal year 2022 State-Foreign Operations appropriations
bill.
This bill has many fatal flaws, in spite of Republican efforts to
improve it. The concerns raised during markup were not addressed, and
many of the amendments we offered at the Rules Committee have not been
made in order on the floor today.
I will begin with our list of major complaints. To put it simply, the
spending level is too high, and the policies are too controversial.
This bill alone includes a 12 percent increase over current levels,
with $3 billion directed into climate change programs like the Green
Climate Fund. For the sake of generations to come, we can't afford to
spend like this.
In addition to these unrealistic spending levels, the majority has
made policy decisions that will complicate any attempts to come to a
bipartisan agreement.
Most concerning, this bill includes alarming changes to longstanding
language to protect the unborn. Language that prohibits foreign aid
from being used to pay for abortions was dropped entirely.
The bill also includes other controversial changes, such as a
permanent repeal of the Mexico City policy, which prohibits
organizations who receive foreign assistance from performing abortions.
As the former chair of this subcommittee, I am very disappointed to
see lifesaving global health activities put in jeopardy because of
partisan politics. We must develop top-line spending levels that both
sides can support, and we must agree to drop controversial policy
provisions.
If we want to avoid a long-term continuing resolution or, worse, a
government shutdown, we must get serious and do the work our
constituents sent us here to do. I urge my colleagues to vote against
this bill.
Ms. LEE of California. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Florida (Ms. Wasserman Schultz), my good friend.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I thank the gentlewoman for
yielding, and I congratulate the gentlewoman on presenting her first
bill as a cardinal on the Appropriations Committee. This is a long time
coming, and it is a pleasure to work with her.
The bill invests in health and upholds American global values abroad.
The fiscal year 2022 State-Foreign Operations appropriations bill, in
a historic move, removes the Helms amendment, which has prohibited safe
abortions and healthcare services for poor and vulnerable women in low-
income countries for decades. That is a significant decision and one
that enables access to healthcare for millions of women across the
globe.
I am pleased that this bill includes language to support countries,
like Colombia, who have welcomed Venezuelans fleeing the humanitarian
crisis. It also funds prodemocracy and human rights programs in
Venezuela, as well as in Cuba. This funding is critical to ensure
access to broadcasting and the internet in Cuba. These platforms will
provide support to the Cuban people as they struggle for freedom and
true self-governance.
Finally, this bill continues support for the critical U.S.-Israel
partnership by fully funding U.S. security assistance to Israel and
cooperative missile defense programs. Ensuring that Israel maintains
her qualitative military edge is essential for stability in the Middle
East and our own national security.
I truly thank Chairwoman Lee for working closely with me and others
on this bill.
As we always say in the Appropriations Committee, Mr. Speaker, the
spending decisions that we make are an expression of our values. This
bill telegraphs that expression of our values, of America's values, and
the strengths that we have, at the same time providing us the ability
to provide assistance to millions of vulnerable people across the
globe. I am proud to support it and to work with Chairwoman Lee going
forward so we can see it become law.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 4 minutes to the
gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Speaker, by executive order, President
Biden reversed the Protecting Life in Global Health Assistance policy,
which was a reiteration and expansion of President Ronald Reagan's
Mexico City policy. Announced by Ronald Reagan at a U.N. conference on
population growth in Mexico City in 1984, hence its name, the policy
was designed to ensure that U.S. taxpayer money was not funneled to
foreign, nongovernmental organizations that perform or promote
abortion.
My amendment, which was not made in order, would have inserted new
text that reinstates the Mexico City policy which was rendered
inoperative by the President, and it also would have taken out new pro-
abortion language that says that no President in the future can
promulgate any iteration of the Mexico City policy.
{time} 1430
The Mexico City policy established pro-life safeguards; benign,
humane conditions on global health assistance. For years, foreign
nongovernmental organizations have been subsided and empowered by
taxpayer funds--and let's not forget, this is grant money--to weaken,
undermine, or reverse pro-life laws in other nations, especially in
Africa, and to destroy the precious lives of unborn children.
The Mexico City policy mitigates U.S. taxpayer complicity in global
abortion and underscores our deep commitment to protecting the weak and
most vulnerable.
According to a recent Marist poll, 77 percent of Americans are
opposed to using tax moneys to pay for abortions in other countries.
Only 19 percent support it.
The Marist poll found that 55 percent of Democrats, 85 percent of
Independents, and 95 percent of Republicans were against using taxpayer
funds to pay for abortions in other countries.
U.S. foreign assistance, Mr. Speaker, and foreign entities that we
fund with billions of dollars of grant money should consistently
affirm, care for, and tangibly assist women and all children--all
children, including unborn babies--regardless of their age or condition
of dependency.
Second, Mr. Speaker, since 1973, the Helms amendment has prohibited
using taxpayer funds to directly pay for abortions in other countries.
Helms is the Hyde amendment for the rest of the world. The bill before
us today, however, completely reverses the Helms amendment.
I had offered in Rules a second amendment that would have reinstated
Helms. It was not made in order.
Taxpayers should not be forced to pay for child dismemberment,
including severing arms and legs and actual decapitation of the baby
with sharp knives, or deadly poisons or drugs like RU-486, which
starves the baby to death.
Children alive but not yet born who are killed by abortion after 20
weeks or later experience excruciating suffering and pain. And until
they are rendered
[[Page H4143]]
unconscious or dead by these hideous procedures, the baby feels the
pain of every cut.
Years ago, Senator Biden said, and he wrote to constituents, that
opposition to abortion funding would: ``Protect both the woman and her
unborn child.''
He said: ``Those of us who are opposed to abortion''--again this is
Joe Biden--``should not be compelled to pay for them.''
Finally, my amendment on the U.N. Population Fund was not made in
order, as my good friend and colleague Harold Rogers had said, this
legislation weakens the Kemp-Kasten language significantly.
I would point out to my colleagues--because I offered the first
amendment on this floor back in 1984 on the complicity of the U.N.
Population Fund in forced abortion and forced sterilization in China.
For over four decades, the U.N. Population Fund has vigorously
supported, funded, defended, promoted, even celebrated the Chinese
Communist Party's coercive population control program.
I met with the head of the Chinese program, Peng Peiyun, back in 1991
in Beijing, almost a 3-hour meeting.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield an additional 1 minute
to the gentleman from New Jersey.
Mr. SMITH of New Jersey. Mr. Speaker, Peng Peiyun told me over and
over again, there is no coercion in the Chinese program, even though
everyone who has followed it knows that there is, because she said the
UNFPA was there, on the ground whitewashing and falsifying the truth.
We are missing maybe 60 million females, women of all ages now,
because it has been a systematic extermination of the girl child in
China. It is one of the reasons why human sex trafficking has exploded
in China, because the girl child has been killed, exterminated, and the
UNFPA has been at best silent on that issue, again, giving the Chinese
Communist Party a clean bill of health.
Doubling the amount of money that was in previous bills from $35
million to $70 million while simultaneously weakening Kemp-Kasten
trivializes these crimes against women and these crimes against
children.
Ms. LEE of California. Mr. Speaker, I would just like to respond to
the gentleman from New Jersey and read a section of this bill.
It says: ``None of the funds made available in this Act nor any
unobligated balances from prior appropriations Acts may be made
available to any organization or program which, as determined by the
President of the United States, directly supports or participates in
the management of a program of coercive abortion or involuntary
sterilization: Provided, That any determination made pursuant to this
paragraph must be made not later than 6 months after the date of
enactment of this Act, and must be accompanied by the evidence and
criteria utilized to make the determination: Provided further, That
none of the funds made available under this Act may be used to lobby
for or against abortion.''
Finally, I will just say that Hart Research recently conducted a poll
of Americans across the political spectrum and found that over 60
percent of the American public supports reproductive freedom for women.
Mr. Speaker, I yield 4 minutes to the gentlewoman from California
(Mrs. Torres), who serves as a very valued member of the State, Foreign
Operations, and Related Programs Subcommittee and has had tremendous
input into this bill.
Mrs. TORRES of California. Mr. Speaker, I rise in support of this
legislation, and I thank Congresswoman DeLauro and Chairwoman Lee for
their hard work and support of the priorities that I have included in
this bill as it relates to the Central American region.
We must ensure our aid to Central America helps the people it is
intended to help and advance our policy goals, including reducing
migration.
My Republican colleagues yesterday noted that what we have done in
the past is not working and has not worked, and I agree with them 100
percent.
The Trump administration turned a blind eye to corruption in the
region and emboldened predatory, corrupt government officials.
For the last 4 years, we effectively looked at the symptoms and not
at the systematic failures that forced the region's most vulnerable
asset, their young people, to flee to our border.
So if Guatemalan President Giammattei truly does believe in the rule
of law, he should show us with his actions. Recently, they have fired
Francisco Sandoval. He needs to be reinstated. The Guatemalan people in
Guatemala deserve a judicial sector and leaders with his credibility to
advance his cases of corruption.
I am so glad to report that my priorities in this bill include
restricting 75 percent of the funding that has gone to all three
governments--El Salvador, Honduras, and Guatemala--to ensure that the
money is actually reaching the people that it is intended.
Furthermore, we have never in the past restricted or put conditions
on funding to their attorney general's office. In this bill, we have
included an amendment that restricts all funding to the attorney
general.
Our goal here is to reduce migration and to ensure that the young
people in the region can see a future for themselves and take their
governments back.
Mr. Speaker, I support this bill. I thank our brand new congresswoman
and her staff for the hard work that she has put before us in this
committee.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Indiana (Mrs. Walorski).
Mrs. WALORSKI. Mr. Speaker, I rise today to once again stand for life
and to prevent American taxpayers from paying for abortion services
overseas. Americans should never be forced to fund abortions against
their conscience, period.
I have long supported the Hyde amendment, which prohibits taxpayer
funding from paying for abortions domestically. Yesterday, I proudly
spoke in support of this key pro-life protection, which the Democrats
stripped from these appropriations packages.
Now, Democrats are trying to force Americans to foot the bill for
abortions abroad. For decades, the Helms amendment has prohibited
abortion services from being included in our Nation's foreign aid.
Driven by a radical agenda, Democrats and the Biden administration
have removed this longstanding, commonsense prohibition from the State
and Foreign Operations bill on the floor today.
To make it clear, congressional Democrats and the Biden
administration are trying to force the American taxpayer to fund
abortions in foreign nations.
The facts are on our side. Seventy-seven percent of Americans oppose
using taxpayer dollars for this purpose. It is deeply disappointing,
but not surprising, that Democrats are continuing to attack our pro-
life values and Americans' fundamental conscience rights.
Taxpayers in Indiana and around the country should never be forced to
bankroll abortion services here at home, and we most certainly should
not be forced to bankroll abortions abroad.
This is a dangerous path of destruction. I urge my colleagues to
oppose the bill.
Ms. LEE of California. Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes to the
gentleman from Louisiana (Mr. Scalise), the Republican whip.
Mr. SCALISE. Mr. Speaker, I rise in strong opposition to the bill,
but I specifically want to talk about a provision that is being gutted
that for decades has been bipartisan, Mr. Speaker, that is the Hyde
amendment.
Back in the 1970s, when Henry Hyde came to Congress from Illinois,
one of his main objectives was to protect life. He started on a quest
to do that on a number of different fronts, and he ultimately found a
bipartisan consensus put into law back in 1976 to say that no taxpayer
funds should be used for abortion. It was actually something that
Republicans and Democrats rallied around.
Since that time, every appropriations bill that has moved through
Congress, for over 40 years, has included Hyde protections, until
today.
This is a sad day when you see how the Democratic Party has changed
from the party back then.
[[Page H4144]]
I want to read a quote, Mr. Speaker. This is from 1994. A prominent
United States Senator said: ``Those of us who are opposed to abortion
should not be compelled to pay for them.''
You know who said that? Joe Biden said that, Mr. Speaker.
Where is that Joe Biden today? Where is that Democratic Party today
that has changed and moved so far away from those principles that were
bipartisan? By the way, most Americans today, including many people who
consider themselves pro-choice, think it is wrong to use taxpayer funds
for abortion. Yet, this bill guts that decades-long tradition.
Again, I will read from Joe Biden himself. ``Those of us who are
opposed to abortion should not be compelled to pay for them.''
Why would we be abandoning that decades-long tradition that is also
held by most Americans across this country?
Not only, Mr. Speaker, are they gutting Hyde protections in this
bill, they actually put millions of taxpayer dollars in this bill to
fund Planned Parenthood facilities. So that is how far the party of old
on the Democrat side has gone, to this Democrat socialist party that
now supports taxpayer funding of abortion, including directly to the
largest provider of abortions in America.
This must stop. We will fight to stop the gutting of the Hyde
amendment and the break from this bipartisan tradition.
Before this process is over, let's get back to those principles that
unite most Americans and should unite all of us in Congress, that no
taxpayer funds should go to provide for abortions.
Ms. LEE of California. Mr. Speaker, I reserve the balance of my time.
{time} 1445
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Speaker, this needs to be clarified for
all Members who are listening.
The Kemp-Kasten language--is and has been--the law and has been
supported in a bipartisan way for years, because we are so unalterably
opposed to coercive population control. It says that we will not
support any organization that supports or comanages a coercive
population control program. The new language takes out ``supports and
comanages'' and puts direct, ``directly involved with abortion.''
China is an absolutely closed society. It is run by a dictatorship
under Xi Jinping. I have chaired 72 congressional hearings over the
years on human rights in China, and many witnesses were women who have
been forcibly abducted. Usually only the ones that escape and get here
and become asylees and get asylum by our law here in the United States
can speak out about it.
So how will you ever ascertain if it is ``direct'' because Xi Jinping
is not going to let you in to investigate. We can't even get answers on
Wuhan, and this is even more closed than that, quite frankly.
I do hope Members will realize this is a gutting of the Kemp-Kasten
language. No matter how you feel about population control, we should be
absolutely opposed to coercion. Nobody should be forced.
Ms. LEE of California. Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, I urge a rejection of the bill,
and I yield back the balance of my time.
Ms. LEE of California. Mr. Speaker, I yield myself such time as I may
consume.
First of all, let me just say, in responding to Mr. Smith, it is
really long overdue to stop partisan attempts to scapegoat and score
political points over UNFPA.
The fact remains that UNFPA vigorously opposes any and all coercive
practices and only supports access to safe and voluntary family
planning. Any suggestion to the contrary is simply false.
Mr. Speaker, I am very proud of the resources and programs in this
bill which provide us the unique opportunity to restore America's
global leadership that has been missing in recent years.
Together we can address the greatest challenges facing the United
States and provide vital support to the world's most vulnerable people.
I want to take a minute to just thank our staffs on both sides of the
aisle. As a former staffer, I know how these bills get put together,
the length of time that they put in, and the real forthright and
straight-up honest negotiations, given our differences. I think the
bill is a very good bipartisan bill, and I think it is, in many
respects, due to our staffs' relationships and their respect for each
other.
I specifically want to mention Craig Higgins and Erin Kolodjeski,
Jason Wheelock, Jean Kwon, Marin Stein, Clelia Alvarado, Lacy Kilraine,
Greg Adams, of course, in my office and Julie Nickson, Susan Adams,
Jamie McCormick, John Muscolini, and all of the members of our staffs
that haven't been mentioned, because I know a heck of a lot goes into
this in terms of our support staff day and night and for their
diligence and their brilliance and their respect for the process.
Mr. Speaker, I urge my colleagues to support H.R. 3473. I yield back
the balance of my time.
Mr. McHenry. Mr. Speaker, this year's State/Foreign Operations
appropriations bill includes hundreds of billions of dollars in IMF
giveaways to China, Russia, and state sponsors of terrorism. It's an
abomination that the spending bill which funds our foreign policy
priorities writes massive checks for America's adversaries.
Under this legislation, the Treasury Department would be required to
support an allocation of more than one-and-a half trillion Special
Drawing Rights (SDR)--trillion with a T. These SDRs represent no-
strings-attached liquidity that will be lavished on some of the worst
regimes in the world.
The Democrats' bill would send over $140 billion in hard currency to
the Chinese government to use as it wishes. Russia would get its hands
on nearly $60 billion. State sponsors of terrorism like Iran and Syria
would find themselves with more than $17 billion in support that they
can use to kill civilians and destabilize the world, while Venezuela
and Belarus would receive billions more.
Like last year, House Democrats have included these dollars for
dictators in the base text of this bill so that it can't be struck.
They're so ashamed of financing America's adversaries that they don't
want to require their Members' votes on this issue to be public.
Perhaps they suspect that their Members don't want billions in hard
currency going to the Chinese Communist Party, Vladimir Putin, and the
ayatollahs.
There are responsible ways to help the world address the COVID-19
pandemic without showering billions on genocidal regimes and other
human rights abusers--this is not it.
The SPEAKER pro tempore. All time for debate has expired.
Each further amendment printed in part D of House Report 117-110 not
earlier considered as part of amendments en bloc pursuant to section 7
of House Resolution 567, shall be considered only in the order printed
in the report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for the time
specified in the report equally divided and controlled by the proponent
and an opponent, may be withdrawn by the proponent at any time before
the question is put thereon, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
It shall be in order at any time after debate for the chair of the
Committee on Appropriations or her designee to offer amendments en bloc
consisting of further amendments printed in part D of House Report 117-
110, not earlier disposed of. Amendments en bloc shall be considered as
read, shall be debatable for 20 minutes equally divided and controlled
by the chair and ranking minority member of the Committee on
Appropriations or their respective designees, shall not be subject to
amendment, and shall not be subject to a demand for division of the
question.
Amendments En Bloc No. 1 Offered by Ms. Lee of California
Ms. LEE of California. Mr. Speaker, pursuant to House Resolution 567,
I rise as the designee of the gentlewoman from Connecticut (Ms.
DeLauro) to offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 1, 2, 3, 8, 11,
14, 15, 16, 17, 19, 20, 22, 23, 27, 32, 33, 35, and 36, printed in part
D of House Report 117-110, offered by Ms. Lee of California:
[[Page H4145]]
Amendment No. 1 Offered by Mr. Bowman of New York
Page 28, line 17, after the dollar amount, insert
``(reduced by $5,000,000)(increased by $5,000,000)''.
Amendment No. 2 Offered by Mr. Bowman of New York
Page 30, line 18, after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
Amendment No. 3 Offered by Mr. Brendan F. Boyle of Pennsylvania
Page 30, line 18, after the dollar amount, insert
``(reduced by $1,500,000)(increased by $1,500,000)''.
Amendment No. 8 Offered by Ms. Escobar of Texas
Page 221, line 5, after the dollar amount, insert
``(increased by $1,500,000)''.
Amendment No. 11 Offered by Mr. Grijalva of Arizona
Page 15, line 3, after the first dollar amount, insert
``(reduced by $4,000,000)''.
Page 15, line 3, after the first dollar amount, insert
``(increased by $4,000,000)''.
amendment no. 14 offered by mr. hill of arkansas
Page 2, line 16, after the first dollar amount, insert
``(increased by $2,000,000)''.
Page 3, line 19, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 6, line 7, after the dollar amount, insert ``(reduced
by $2,000,000)''.
amendment no. 15 offered by ms. jackson lee of texas
Page 26, line 14, after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
amendment no. 16 offered by ms. jackson lee of texas
Page 275, line 1, after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
amendment no. 17 offered by ms. jackson lee of texas
Page 26, line 14, after the dollar amount insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
amendment no. 19 offered by mr. kim of new jersey
Page 28, line 17, after the dollar amount, insert
``(reduced by $8,000,000)''.
Page 30, line 18, after the dollar amount, insert
``(increased by $8,000,000)''.
amendment no. 20 offered by mrs. lesko of arizona
Page 129, line 15, after the dollar amount insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 22 offered by mr. malinowski of new jersey
Page 6, line 7, after the dollar amount, insert
``(decreased by $5,000,000)''.
Page 16, line 25, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 17, line 2, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 17, line 5, after the dollar amount, insert
``(increased by $5,000,000)''.
amendment no. 23 offered by ms. manning of north carolina
Page 6, line 3, after the dollar amount, insert ``(reduced
by $100,000,000)(increased by $100,000,000)''.
amendment no. 27 offered by mr. pallone of new jersey
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds appropriated or otherwise made
available by this Act under ``International Military
Education and Training'' and ``Foreign Military Financing
Program'' may be made available for assistance for
Azerbaijan.
amendment no. 32 offered by ms. spanberger of virginia
Page 3, line 19, after the dollar amount, insert ``(reduced
by $1,000,000)(increased by $1,000,000)''.
Amendment No. 33 Offered by Ms. Speier of California
Page 33, line 8, after the dollar amount, insert ``(reduced
by $1,000,000)(increased by $1,000,000)''.
Amendment No. 35 Offered by Mr. Tiffany of Wisconsin
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to create, procure, or display any map that depicts
Taiwan, Kinmen, Matsu, Penghu, Wuciou, Green Island, or
Orchid Island as part of the territory of the People's
Republic of China.
Amendment No. 36 Offered by Mrs. Torres of California
Page 224, beginning line 10, strike ``, including offices
of Attorneys General''.
The SPEAKER pro tempore. Pursuant to House Resolution 567, the
gentlewoman from California (Ms. Lee) and the gentleman from Kentucky
(Mr. Rogers) each will control 10 minutes.
The Chair recognizes the gentlewoman from California.
Ms. LEE of California. Mr. Speaker, I rise in support of amendments
en bloc No. 1 and yield myself such time as I may consume.
Let me just thank my colleagues on both sides of the aisle for these
amendments. Now I would like to yield to the gentleman from Kentucky
(Mr. Rogers), our ranking member. I reserve the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, I claim time in support of the
amendments, and I yield myself such time as I may consume.
This amendments en bloc contains a number of good proposals by both
sides of the aisle. I want to highlight just a few.
It includes language offered by the gentleman from Arkansas (Mr.
Hill) and the gentleman from Florida (Mr. Deutch) to increase funding
for the Office of the Special Presidential Envoy for Hostage Affairs.
This will help ensure that this office has resources we need to ensure
that U.S. citizens unlawfully or wrongfully detained abroad receive
priority attention from our government.
It also includes a provision supported by the gentleman from
Wisconsin (Mr. Tiffany) that is in support of our close friend and
partner Taiwan. At a time when the Chinese Communist Party has Taiwan
in its crosshairs, we need to do all we can to support our democratic
friends on that island. I, therefore, urge Members to support the
amendment, and I reserve the balance of my time.
Ms. LEE of California. Mr. Speaker, I yield 2 minutes to the
gentlewoman from North Carolina (Ms. Manning).
Ms. MANNING. Mr. Speaker, my amendment, amendment No. 5, seeks to
draw attention to the need to resolve the significant delays in
passport services at the Department of State.
The COVID-19 pandemic has wreaked havoc on international travel.
According to the Department of State's Passport Services, Americans who
submit new passport applications today may not receive their new
passports for another 18 weeks, well into the fall.
Even customers who pay an additional fee for expedited service may
not receive their passports for another 12 weeks.
In response, the State Department's Passport Services recommends
Americans planning to travel internationally apply for a passport at
least 6 months in advance.
These delays are simply unacceptable.
In North Carolina's Sixth Congressional District, my constituents
have been unable to travel to visit family, to seek important medical
care, and to conduct important business meetings.
It is essential that Congress send the message loud and clear. We
must have better service on passports. We need to address passport
delays so that Americans can get their passports in a timely manner.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from Wisconsin (Mr. Tiffany).
Mr. TIFFANY. Mr. Speaker, my amendment, which is included in this en
bloc, would prohibit the use of any funds to create, procure, or
display any map which depicts Taiwan as part of the People's Republic
of China.
This is a commonsense measure. As we all know, Taiwan has never been
part of Communist China.
The Taiwanese people elect their own leaders, raise their own Armed
Forces, conduct their own foreign policy, and maintain their own
international trade agreements.
By every measure, Taiwan is a sovereign, democratic, and independent
country. Any claims to the contrary are simply false.
Since the 1970s, America's so-called One China policy has
acknowledged Beijing's bogus argument that Taiwan is part of Communist
China.
This is a dishonest policy, and it is one that America should
abandon.
While we cannot end this policy with my amendment today, we can at
least require honest maps that stop perpetuating the One China lie.
Communist China is Communist China, Mr. Speaker, and Taiwan is
Taiwan. I ask for a ``yes'' vote on the amendment.
Ms. LEE of California. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Virginia (Ms. Spanberger).
Ms. SPANBERGER. Mr. Speaker, I stand in support of my amendment
demanding action in response to the Havana syndrome incidents affecting
Americans around the world.
The recent string of mysterious attacks on U.S. diplomats and
personnel, often called Havana syndrome, is a serious threat to our
national security.
[[Page H4146]]
Having spoken directly with individuals impacted, I know these attacks
are having lasting and detrimental impacts on the health of our
Nation's public servants.
I stand here today to call for a robust, interagency response, one
that reflects the severity and urgency of the situation.
The State Department must play an active role in this response, share
relevant information with Congress, particularly the House Foreign
Affairs Committee, and make sure all affected personnel receive prompt
and appropriate care. It is our duty to ensure our public servants get
the care and answers they deserve.
As a former Federal employee, I intend to keep pressing the
administration to better protect our diplomats and Federal employees
serving at home and abroad.
I know firsthand their commitment to their missions, their devotion
to our country, and the promises we have made to them.
I urge my colleagues to join me in this cause.
Mr. ROGERS of Kentucky. Mr. Speaker, I reserve the balance of my
time.
Ms. LEE of California. Mr. Speaker, I yield 2 minutes to the
gentlewoman from California (Ms. Speier).
Ms. SPEIER. Mr. Speaker, I rise in support of my amendment to
highlight the urgent humanitarian crisis in Afghanistan.
We have taken action with the ALLIES legislation to make sure that
the persons who have assisted us as drivers and interpreters find a
pathway to freedom, but conditions for others are quite trying at this
time.
Conditions for women, civil society, journalists, human rights
defenders, and others continue to deteriorate, with vulnerable Afghans
facing threats of violence and death, and heightened restrictions in
Taliban-controlled areas.
Many Afghans are so terrified for their lives and their children's
safety that they will not leave their homes. A recent wave of targeted
slayings, more than 700 killed and 540 wounded in 2020, represents a 45
percent increase from 2019. The number of women killed doubled between
2012 and 2020.
The withdrawal of U.S. troops and the raging expansion of Taliban
territorial offenses in our wake requires urgent action. Our failure to
help those who help us and those who are in the crosshairs of the
Taliban would, frankly, make us complicit in any further bloodshed.
That is why I have introduced this amendment, and I am introducing
today the Improving Access for Afghan Refugees Act, to provide
vulnerable Afghans with priority 2 refugee status to expand access to
our refugee system.
I urge my colleagues to join me in supporting this bill because we do
have a moral obligation to do so.
{time} 1500
Mr. ROGERS of Kentucky. Madam Speaker, I urge support of the
amendment, and I yield back the balance of my time.
Ms. LEE of California. Madam Speaker, I reiterate my support for the
amendment, and urge my colleagues to support it, and I yield back the
balance of my time.
Ms. JACKSON LEE. Madam Speaker, I rise in support of this En Bloc
Amendment to H.R. 4373, the State and Foreign Operations Appropriations
Act for FY2022, which incorporates Jackson Lee Amendments Nos. 15, 16,
and 17.
I thank the Rules Committee for making these amendments in order and
State and Foreign Operations Appropriations Subcommittee Chair DeLauro
for including them in this En Bloc Amendment.
Jackson Lee Amendments No. 15 and No. 16 have been approved several
times by the relevant subcommittee, made in order by the Rules
Committee, and adopted by the full House; Jackson Lee Amendment No. 17,
while being offered for the first time, makes a very important
contribution to the health and safety of the global community.
Jackson Lee Amendment No. 16 will designate $1,000,000 to combat the
trafficking of endangered species.
The amendment makes a good bill better by providing a $1 million
focus to combat the transportation of the remains of endangered
species, to confront the transport of the remains of killed endangered
species.
The brutal killing of Cecil the lion after being lured off a
protected preserve was an indication that we needed to do more to
protect endangered species at risk of being killed.
At that time, I introduced and sought the support of my colleagues as
original cosponsors of my legislation, Cecil the Lion Endangered and
Threatened Species Act of 2015.
This bill sought to strengthen partner countries' capacity in ,
countering wildlife trafficking and designating major wildlife
countries for protection.
The Jackson Lee Amendment No. 16 is again offered in the same spirit:
to prohibit the taking and transportation of any endangered and
threatened species as a trophy to the United States.
Currently, the Endangered Species Act does not protect most wildlife
animals killed. At this point, we can choose to make wise decisions
that will sustain the global population, or we can ignore the warning
signs.
Jackson Lee Amendment No. 16 is one that the House has strongly
supported in the past because it would bring greater awareness and
protection to these beautiful and vital populations that are too often
taken for granted, by allowing this amendment to address the senseless
trafficking in trophy killings of all endangered and threatened
species.
Jackson Lee Amendment No. 15 provides funds to be allocated for
Global Health Programs to the fight against the practice of Female
Genital Mutilation.
I have been a dedicated champion against this practice for a long
while, working closely with former Congressman Joe Crowley of New York
to introduce legislation targeted at supporting the elimination of this
ludicrous practice of mutilating young women.
Female genital mutilation/cutting (FGM/C) comprises all procedures
that involve partial or total removal of the external female genitalia,
or other injury to the female genital organs for non-medical reasons.
This practice is rooted in gender inequality and is often linked to
other elements of gender-based violence and discrimination, such as
child marriage and recognized internationally as a violation of the
human rights of women and girls.
Unfortunately, this means an estimated 200 million girls and women
alive today have been victims of FGM/C, with girls 14 and younger
representing 44 million of those who have been cut.
For example, consider that around the world, at least five girls are
mutilated/cut every hour and more than 3 million girls are estimated to
be at risk of FGM/C, annually.
The impacts of FGM/C on the physical health of women and girls can
include bleeding, infection, obstetric fistula, complications during
childbirth and death.
Other significant barriers to combatting the practice of FGM/C
include the high concentration in specific regions associated with
several cultural traditions, that is not tied to any one religion.
According to UNICEF, FGM/C is reported to occur in all parts of the
world, but is most prevalent in parts of Africa, the Middle East, and
Asia.
Due to the commonality of this practice many migrants to the U.S.
bring the practice of FGM/C with them, increasing the importance of
combatting FGM/C abroad.
Jackson Lee Amendment No. 15 prioritizes funding for foreign
assistance to combat Female Genital Mutilation/Cutting (FGM/C), an
internationally recognized violation of the human rights of girls and
women comes to an end.
Finally, I thank the Rules Committee for making in order, and
Chairwoman Lee for including in this En Bloc Amendment, Jackson Lee
Amendment No. 17, which increases and decreases the Global Health
Programs fund by $1,000,000 to emphasize the national commitment for
USAID to provide unused vaccines that would otherwise be destroyed to
countries in need around the world.
Increasing the availability to those countries in need of superfluous
but life-saving vaccines is what a great nation does; not only is it
the right thing to do, but it also builds goodwill and rebuilds
important global relations that were ruptured by the previous
Administration.
With the spread of Covid-19 variants on the rise, Jackson Lee
Amendment No. 17 will help our neighbors in this hemisphere, and our
friends and allies around the world cope with this ongoing global
public health crisis.
I urge all members to vote for the En Bloc Amendment and the
underlying legislation, H.R. 4373, the State and Foreign Operations
Appropriations Act for Fiscal Year 2022.
Mr. GRIJALVA. Madam Chair, my amendment will direct $4,000,000 within
the International Border and Water Commission to clarify the
responsibility for the operations and maintenance of the International
Outfall Interceptor (IOI). This is in addition to, and separate from,
the funding that currently exists for the long overdue repairs to the
IOI.
The International Outfall Interceptor is the infrastructure that
transports wastewater from Sonora, Mexico and Arizona to the Nogales
International Wastewater Treatment Plant.
The IOI pipeline covers approximately 8.5 miles. Under a 1944 water
utilization treaty,
[[Page H4147]]
Mexico can treat water in the United States. The International Border
and Water Commission is tasked with managing international
infrastructure negotiations and operates the Nogales International
Sanitation Project.
On average, 92 percent of the water treated daily at the Nogales
International Wastewater Treatment Plant is from Mexico and 8 percent
from the surrounding community.
Unfortunately, due to damage and aging infrastructure, the
International Outfall Interceptor needs costly and urgent repairs.
Wastewater constantly emerges from the IOI and pollutes surrounding
rivers and streams. Rains carry the polluted stormwater into Nogales,
Arizona and exposes downstream populations to extraordinary public
health risk.
In 2017, I called on the Governor of Arizona to commence the Disaster
Declaration process for the State of Arizona to secure immediate
federal assistance to remedy and prevent raw sewage exposure to Arizona
residents.
Every year during the monsoon season the health of residents along
the Arizona southern border are put at risk, due to this ongoing issue.
While Arizona residents are very familiar with this issue, other
communities along the United States--Mexico border experience similar
health risks due to similar issues.
The IBWC recently awarded a contract to initiate the urgent repairs
of more than 5 miles of the deteriorating pipeline using existing funds
from the $34.2 million IBWC has already allocated. My amendment further
directs $4,000,000 within the International Border and Water Commission
to clarify the responsibility to sustain the operations and maintenance
of the International Outfall Interceptor (IOI).
This has been an ongoing international issue that impacts the safety
and well-being of communities across Southern Arizona. In the past,
Senators and Member of Congress on both sides of the aisle of the
Arizona delegation have collaborated to remedy the situation.
I would like to thank the Chairwoman and the committee for their work
on this bill. I appreciate the opportunity to speak on this amendment,
and I would urge all my colleagues to support this amendment. We must
finally find a solution to protect the health of residents along the
United States--Mexico border.
The SPEAKER pro tempore (Ms. Blunt Rochester). Pursuant to House
Resolution 567, the previous question is ordered on the amendments en
bloc offered by the gentlewoman from California (Ms. Lee).
The question is on the amendments en bloc.
The en bloc amendments were agreed to.
A motion to reconsider was laid on the table.
Amendments En Bloc No. 2 Offered by Ms. Lee of California
Ms. LEE of California. Madam Speaker, pursuant to House Resolution
567, I rise as the designee of the gentlewoman from Connecticut (Ms.
DeLauro) to offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 2 consisting of amendment Nos. 4, 12, 13, 21,
24, 29 and 34, printed in part D of House Report 117-110, offered by
Ms. Lee of California:
AMENDMENT NO. 4 OFFERED BY MR. CLOUD OF TEXAS
At the end of the bill (before the short title), insert the
following:
prohibition on membership in the world health organization
Sec. __. None of the funds appropriated or otherwise made
available by this Act may be made available for United States
membership in or contributions to the World Health
Organization.
AMENDMENT NO. 12 OFFERED BY MR. GROTHMAN OF WISCONSIN
Page 10, line 21, after the dollar amount, insert
``(reduced by $307,592,800)''.
AMENDMENT NO. 13 OFFERED BY MR. HILL OF ARKANSAS
Page 51, beginning on line 1, strike ``Provided further,
That section 5(f) of the Bretton Woods Agreements Act (22
U.S.C. 286c(f)) shall not apply to any loans made by the
Secretary of the Treasury to the PRGT or other special
purpose vehicle of the IMF on or prior to September 30,
2031:''.
AMENDMENT NO. 21 OFFERED BY MR. LUETKEMEYER OF MISSOURI
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds appropriated or otherwise made
available to any Federal department or agency by this Act may
be used to make assessed or voluntary contributions on behalf
of the United States to or for the Intergovernmental Panel on
Climate Change, the United Nations Framework Convention on
Climate Change, or the Green Climate Fund.
AMENDMENT NO. 24 OFFERED BY MRS. MILLER OF WEST VIRGINIA
Page 263, beginning line 2 and ending line 7, strike the
proviso.
AMENDMENT NO. 29 OFFERED BY MR. ROY OF TEXAS
Page 261, line 2, after the $70,000,000 dollar amount,
insert ``(reduced by $70,000,000)''.
AMENDMENT NO. 34 OFFERED BY MS. TENNEY OF NEW YORK
Page 14, beginning on line 3, strike the colon and all that
follows through line 12 and insert a period.
The SPEAKER pro tempore. Pursuant to House Resolution 567, the
gentlewoman from California (Ms. Lee) and the gentleman from Kentucky
(Mr. Rogers) each will control 10 minutes.
The Chair recognizes the gentlewoman from California.
Ms. LEE of California. Madam Speaker, I rise in opposition to
amendments en bloc No. 2, and I yield myself such time as I may
consume.
This amendment includes changes to the bill that I believe would be
counterproductive, and I ask my colleagues to oppose this amendment.
Madam Speaker, I reserve the balance of my time.
Mr. ROGERS of Kentucky. Madam Speaker, I yield myself such time as I
may consume. I rise in support of the amendments en bloc. Madam
Speaker, the amendments en bloc before us includes seven amendments
that would significantly improve the quality of this bill.
It includes an amendment that would prohibit funding to the U.N.
Population Fund and strike funding for family planning and reproductive
health. I am gravely concerned about the longstanding pro-life
provisions that were stripped from the bill this fiscal year, all of
them. Allowing the bill to proceed without protections for the unborn,
like those in this amendment, is unprecedented and a direct hit to the
sanctity of life around the world.
Also included in this en bloc is an amendment that would prohibit
contributions to various climate organizations, such as the Green
Climate Fund. The underlying bill provides over $3 billion for climate
change programs, including nearly $2 billion for ill-advised
contributions to international climate funds. At a time when American
families continue to struggle to make ends meet and foreign aid is
under great scrutiny, proposing such politically motivated misuses of
taxpayer funding adds insult to injury.
The en bloc also includes an amendment that would prohibit funds for
U.S. membership and/or contributions to the World Health Organization.
The underlying bill, as currently written, includes no reforms of the
WHO, even though they are complicit in covering up the COVID-19
pandemic. Without necessary safeguards in place to improve WHO
transparency, American taxpayer funds should not be used for this
organization.
Similarly, the amendments en bloc includes a proposal to reduce
funding for the Contributions to International Organizations account.
The base bill includes an increase for international organizations, but
without conditions or requirements for reform, this is simply too much
funding.
The amendments included in this amendment give the bill a far greater
chance of being signed into law. It includes longstanding pro-life
provisions that enjoy support from the majority of the American public
and commonsense safeguards to ensure taxpayer dollars are used in the
most efficient manner.
Madam Speaker, I urge support for the amendment, and I reserve the
balance of my time.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. The Chair reminds Members to refrain from
trafficking the well while other Members are under recognition.
Ms. LEE of California. Madam Speaker, I yield 3 minutes to the
gentlewoman from Florida (Ms. Lois Frankel).
Ms. LOIS FRANKEL of Florida. Madam Speaker, I thank Congresswoman Lee
for yielding and for her great work on this bill. Madam Speaker, all I
can start with saying is my, my, my. It is not enough that Republicans
are trying to block safe, legal abortions in every nook and cranny on
Earth, now they want to defund the world's finest health agency and cut
funding for family planning.
For those who don't follow it, the UNFPA is the United Nations'
sexual and reproductive health agency. Here is what it does: It
supports reproductive healthcare for women and youth in
[[Page H4148]]
more than 150 countries, home to more than 80 percent of the world's
population; it supports the health of pregnant women as well as
reliable access to modern contraceptives and the training of thousands
of healthcare workers; it supports the prevention of gender-based
violence, including the abandonment of female genital mutilation; and
it supports the prevention of teen pregnancy complications and efforts
to end child marriage.
I want to make it very clear, UNFPA has never supported forced
abortions anywhere. Where I have heard that, it is a lie.
This en bloc also seeks to cut family planning. Are you kidding?
Really?
You are trying to stop abortions, and then my friends on the other
side of the aisle think you are going to stop it by stopping access to
contraception and blocking the work of healthcare providers who deliver
reproductive care? To me that is just crazy, Madam Speaker. Crazy,
crazy, crazy.
Madam Speaker, I have said this before, and I say this again, for
women and their families to be safe, for communities to be prosperous,
for the world to be peaceful, women must succeed. And that means they
have to be healthy, free from sexual violence, and free to make their
own personal decisions about whether and when to become a parent.
I oppose the amendments en bloc, and I urge my colleagues to do the
same.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 3 minutes to the
gentleman from Texas (Mr. Tony Gonzales).
Mr. TONY GONZALES of Texas. Madam Speaker, I ask unanimous consent to
include the text of my amendment in the Record immediately prior to the
vote on the motion to recommit.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. TONY GONZALES of Texas. Madam Speaker, as you know, our ally
Israel was forced to defend itself in May from Hamas and the
Palestinian Islamic jihad, who over the course of 11 days
indiscriminately fired over 4,000 rockets from Gaza into Israel.
My motion to recommit would provide $1 billion to Israel to replenish
and maintain its Iron Dome defense system.
We must continue to stand with our ally Israel. We must continue to
show that the United States believes in the right to existence and
defend themselves. We must do everything within our power to ensure
they are equipped to defend against these heinous attacks and defeat
these terrorists.
Ms. LEE of California. Madam Speaker, I yield 3 minutes to the
gentlewoman from California (Ms. Jacobs).
Ms. JACOBS of California. Madam Speaker, I rise today to oppose my
colleague Congresswoman Claudia Tenney's amendment No. 34, which would
maintain the arbitrary 25 percent cap on U.S. contributions to U.N.
peacekeeping operations.
I recently introduced legislation, the U.S. Commitment to
Peacekeeping Act that would, among other things, permanently repeal
this cap and ensure that the United States is fulfilling its
commitments to the United Nations.
As someone who used to work at the U.N. Department of Peace
Operations, I know firsthand how the cap and resulting arrears have
harmed our interests. It damages our standing and credibility at the
U.N. making it difficult to effectively advocate for human rights.
It reduces our ability to conduct proper oversight and accountability
through needed reforms, something my colleagues on both sides of the
aisle agree is important.
It also impairs peacekeeping missions' ability to operate and delays
funding to peacekeepers.
All of this makes it harder for the United States to advocate for and
secure its interests. In order to fully lead on the global stage, we
need to fully commit to our international obligations.
Tenney amendment No. 34 is counterproductive. I oppose it in the
strongest terms, and urge my colleagues to join me in rejecting these
efforts to weaken our standing at the U.N. and around the world.
Mr. ROGERS of Kentucky. Madam Speaker, I reserve the balance of my
time.
Ms. LEE of California. Madam Speaker, I yield 2 minutes to the
gentleman from New Jersey (Mr. Pallone).
Mr. PALLONE. Madam Speaker, I thank Chairwoman Barbara Lee and her
team for putting together such a robust State-Foreign Operations bill.
I think this was a major achievement.
I come here as the co-chair of the Congressional Caucus on Armenian
Issues, and I am extremely pleased to see $50 million in assistance to
help bolster Armenia's ongoing democratic and economic transformations.
This unprecedented commitment in funding will go a long way in
helping continue economic governance and rule of law reforms while
further strengthening America's strategic partnership with this young
democracy.
The language included in this bill also helps address the
humanitarian needs in Artsakh as a result of the 44-day war perpetrated
by Azerbaijan and Turkey last fall and directs an additional $2 million
for demining programs.
I also thank Chairman McGovern for his steadfast commitment to the
Armenian people and share my appreciation for the cosponsors of my
amendment, which will pass as part of this package.
This amendment prevents U.S. security funding to Azerbaijan through
the International Military Education and Training, IMET, and Foreign
Military Financing, FMF, programs, which is sorely needed to combat
Azerbaijan's aggression in the region.
Let me be clear, Madam Speaker, this bill sends a clear signal that
we will not aid or tolerate authoritarian regimes that threaten peace
and security, especially when those actions are aimed at a fellow
democracy.
Again, I thank Chairwoman Lee. I know she has been a supporter of the
Armenian people for many years. I have been to her district to see some
of the Armenian Americans who really love her.
Mr. ROGERS of Kentucky. Madam Speaker, I urge a ``yes'' vote on this
amendment, and I yield back the balance of my time.
{time} 1515
Mrs. LEE of Nevada. Madam Speaker, I yield myself the balance of my
time. One of the reasons that I oppose this amendment is because it
proposes to eliminate all funding for family planning.
Now, a woman's ability to thrive is dependent on her health and
participation in society. The House bill we are considering will
improve her opportunities.
Let me review what countless studies have already shown: reproductive
health services prevent unintended pregnancies, maternal deaths, and
abortions; reduce rates of infant and child mortality; empower women to
stay in school and join the workforce; create stronger and healthier
families; and improve economies.
But as we sit here today, more than 200 million women around the
world still lack access to modern contraceptives. If we want to build
on the self-reliance of countries, one of the most cost-effective
measures is to increase access to family planning.
Attacks on women's health must stop.
Now, to oppose family planning and contraceptives and birth control,
then to oppose abortions, that doesn't make any sense. Of course, my
colleague from Florida said it very clearly, that it is just downright
crazy.
Madam Speaker, I urge opposition to this en bloc amendment, and I
yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 567, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from California (Ms. Lee).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the noes appear to have it.
Mr. ROGERS of Kentucky. Madam Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
[[Page H4149]]
Amendments En Bloc No. 3 Offered by Ms. Lee of California
Ms. LEE of California. Madam Speaker, pursuant to House Resolution
567, I rise as the designee of the gentlewoman from Connecticut (Ms.
DeLauro) to offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 5, 6, 7, 9, 10,
18, 25, 26, 28, 30, and 31, printed in part D of House Report 117-110,
offered by Ms. Lee of California:
AMENDMENT NO. 5 OFFERED BY MRS. DINGELL OF MICHIGAN
Page 3, line 19, after the dollar amount, insert ``(reduced
by $1,000,000)(increased by $1,000,000)''.
AMENDMENT NO. 6 OFFERED BY MS. ESCOBAR OF TEXAS
Page 48, line 14, after the dollar amount, insert
``(increased by $1,500,000)''.
Page 52, line 21, after the first dollar amount, insert
``(reduced by $2,000,000)''.
AMENDMENT NO. 7 OFFERED BY MS. ESCOBAR OF TEXAS
Page 33, line 10, after the dollar amount, insert
``(increased by $1,500,000)''.
AMENDMENT NO. 9 OFFERED BY MS. ESCOBAR OF TEXAS
Page 15, line 3, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Page 15, line 7, after the dollar amount, insert
``(increased by $1,000,000)''.
AMENDMENT NO. 10 OFFERED BY MS. ESCOBAR OF TEXAS
Page 2, line 16, after the first dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
AMENDMENT NO. 18 OFFERED BY MS. JACOBS OF CALIFORNIA
Page 42, line 15, after the first dollar amount, insert
``(reduced by $10,000,0000)(increased by $10,000,000)''.
AMENDMENT NO. 25 OFFERED BY MS. OCASIO-CORTEZ OF NEW YORK
Page 3, line 19, after the first dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
AMENDMENT NO. 26 OFFERED BY MS. OMAR OF MINNESOTA
Page 28, line 17, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 44, line 11, after the dollar amount, insert
``(reduced by $5,000,000)''.
AMENDMENT NO. 28 OFFERED BY MR. PHILLIPS OF MINNESOTA
Page 3, line 10, after the dollar amount, insert ``(reduced
by $2,000,000) (increased by $2,000,000)''.
AMENDMENT NO. 30 OFFERED BY MS. SHERRILL OF NEW JERSEY
Page 122, line 23, after the dollar amount, insert
``(increased by $10,000,000)(reduced by $10,000,000)''.
AMENDMENT NO. 31 OFFERED BY MS. SHERRILL OF NEW JERSEY
Page 2, line 16, after the first dollar amount, insert
``(reduced by $10,000,000)(increased by $10,000,000)''.
The SPEAKER pro tempore. Pursuant to House Resolution 567, the
gentlewoman from California (Ms. Lee) and the gentleman from Kentucky
(Mr. Rogers) each will control 10 minutes.
The Chair recognizes the gentlewoman from California.
Ms. LEE of California. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I rise in support of amendments en bloc No. 3. Let me
first thank my colleagues for raising these important issues.
Madam Speaker, I yield 1 minute to the gentlewoman from California
(Ms. Jacobs).
Ms. JACOBS of California. Madam Speaker, I rise in support of this en
bloc package and thank the gentlewoman for including my amendment
today.
Madam Speaker, before coming to Congress, I served at the State
Department working on countering and preventing violent extremism and
addressing the real drivers behind it. What we know is that it is not
possible to solely rely on security assistance and military tools to
counter violent extremism. In fact, one of the common drivers of local
recruitment into these extremist groups is abuses by state security
forces.
When the United States provides security assistance to militaries
tasked with countering violent groups, we need to acknowledge the
possible consequences and ensure that the assistance we do provide is
not going to people who will abuse their own citizens and, in turn,
exacerbate the very problem we are seeking to address in the first
place. We need to properly allocate resources to actually address the
drivers of violence and conflict, which means more funding to efforts
like the Global Fragility Act.
Madam Speaker, I look forward to working with my colleagues on these
efforts.
Mr. ROGERS of Kentucky. Madam Speaker, I claim the time in opposition
to the amendment, and I yield myself such time as I may consume.
Madam Speaker, this amendments en bloc contains several measures that
could have enjoyed broad support. Unfortunately, it also includes
several amendments that some on our side are unable to accept. One is
by the gentlewoman from Minnesota (Ms. Omar), which would transfer
funds from foreign military financing to the development assistance
account.
At a time when the United States is facing serious national security
challenges around the globe, including from China and Russia, we should
be increasing U.S. security assistance rather than holding it flat or,
worse yet, reducing it to increase an account that this bill already
increases by 15 percent.
We simply face too many challenges to be cutting national security
funding at this time.
Madam Speaker, finally, I also need to mention the self-executing
manager's amendment offered by our distinguished subcommittee chair
relating to the expansion of global currency reserves by the
International Monetary Fund. This amendment would require the Secretary
of the Treasury to support the issuance of an additional $2.1 trillion
of special drawing rights, an IMF reserve asset, to all member
countries of the fund. This is in addition to a whopping $650 billion
that was already issued earlier this year.
This is a highly controversial proposal that appears to run counter
to other administration policies, including claims of prioritizing
efforts to counter the maligned influence of Russia and China.
This plan could result in many billions in additional reserves being
sent to the world's most notorious dictatorships and state sponsors of
terror, such as Iran, Venezuela, Russia, and China.
Not only does this unwise scheme go against the stated goals and
objectives of the White House, but it also could hinder Treasury's
efforts to penalize and pressure these malign state actors through
extensive U.S. sanction regimes.
Why go to all the trouble of putting in place and enforcing these
sanctions when this proposal for the IMF to issue trillions in
additional liquidity could significantly undercut years of pressure
carefully designed to advance our national interest?
Madam Speaker, for these reasons, I urge my colleagues to oppose this
amendments en bloc, and I reserve the balance of my time.
Ms. LEE of California. Madam Speaker, I yield 1 minute to the
gentlewoman from New York (Ms. Ocasio-Cortez).
Ms. OCASIO-CORTEZ. Madam Speaker, I thank the gentlewoman from
California for the time.
Madam Speaker, I rise in support of my amendment in order to increase
and decrease funds in the State Department to highlight the need for
stronger congressional oversight, robust human rights measures, and
transparency in U.S. arms sales to countries.
The fact of the matter is, despite leaky laws in place, the United
States has quietly trained and armed actors who eventually engage in
human rights abuses all over the world through a State Department
program known as direct commercial sales.
This program allows the State Department to sell up to $100 to $300
million in military training, weapons, and services without so much as
notifying Congress.
It was through this policy that the U.S. provided paramilitary
training to Saudi operatives that later went on to kill Jamal
Khashoggi, as well as for the sales of arms later used in the abduction
and killing of more than 300 Colombians in the May 2021 protests over
labor rights.
The U.S. must stop arming and funding human rights violators. We must
have stronger congressional oversight, robust human rights standards,
and transparency in all U.S. arms sales.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the
gentleman from Wisconsin (Mr. Grothman).
Mr. GROTHMAN. Madam Speaker, I would like to talk about this bill
overall, as well as potential amendments to the bill.
[[Page H4150]]
Above all, this time around, after the massive increase of spending
due to COVID, I think we ought to look as to whether this budget is
frugal and whether the increases in the budget are actually necessary.
I am going to address the line in the budget for international
organizations, contributions to international organizations. The bill,
as proposed on the floor today, is a 10 percent increase over last
year. A lot of that money is going to the United Nations, a body that
seems to delight in being critical of the United States and a body in
which the clear majority of members operate governments in which you
would not want to live there at all, human rights abuses and otherwise.
In any event, I think we should go back to the last en bloc. There is
an amendment in there. Rather than increase the amount to these
international organizations by 10 percent, decrease the amount by 10
percent.
We are putting so much pressure on the value of the dollar, so much
debt on our children and grandchildren.
The idea of going back, not to a draconian level, but the idea of
going back to somewhere between where we were in 2019 and 2020, not a
radical number, I think would be prudent.
I think, in this line as well as other lines of the budget, we should
be looking to hold things about even or a mild step back, not another
massive 10 percent increase, which will largely fund an organization
that takes delight in making fun of the United States and the freedoms
that we have.
Ms. LEE of California. Madam Speaker, I yield 2 minutes to the
gentlewoman from Michigan (Mrs. Dingell).
Mrs. DINGELL. Madam Speaker, I thank the distinguished subcommittee
chair for yielding.
Madam Speaker, I rise in support of the en bloc, which includes my
important amendment highlighting the United States' continued enabling
of the Saudi Arabia-led coalition's ongoing blockade of Yemen.
The war in Yemen is now in its sixth year, and it is clear that there
is no military solution to the conflict.
While the Biden administration announced earlier this year that it
would limit U.S. involvement in the conflict, it has never been
authorized by Congress, and more needs to be done.
This begins by pushing for an end to the Saudi blockade of Yemen,
which has exacerbated what continues to be the world's worst
humanitarian crisis, with at least 400,000 Yemeni children facing
starvation and potential death.
The blockade limits delivery of food, fuel, and other critical
supplies to the Yemeni people. This is unconscionable when Yemen is
already facing the devastation of civil war and an ongoing public
health crisis caused by COVID.
Madam Speaker, we have to do better. I encourage my colleagues to
support this en bloc to send a message that the blockade of Yemen needs
to end.
Mr. ROGERS of Kentucky. Madam Speaker, I reserve the balance of my
time.
Ms. LEE of California. Madam Speaker, I yield 1\1/2\ minutes to the
gentleman from Minnesota (Mr. Phillips).
Mr. PHILLIPS. Madam Speaker, I thank the gentlewoman from California
for yielding.
Madam Speaker, I rise today in support of my amendment, which affirms
President Biden's budget request of $2 million for the purposes of
supporting the planning for the 2025 World Expo in Osaka, Japan.
My amendment sheds light on a win-win situation for both our country
and my home State of Minnesota.
When I took my oath of office 2\1/2\ years ago, my team and I set out
on an ambitious goal to visit every city and town in Minnesota's Third
District within the first 6 months of my service to listen and learn
from the local leaders who know our community best because I believe
representation begins with listening.
In the city of Bloomington, home of the famous Mall of America, we
learned that city leaders were determined to bring the eyes of the
world to Minnesota by bidding for host city of the 2027 World Expo, and
there is good news. I am proud to share with you that Bloomington was
selected as the United States' designee to compete on the world stage
for hosting rights.
Bloomington, the Twin Cities metro area, the State of Minnesota, and
the United States will benefit from showcasing American innovation on
the world stage. With the funds highlighted in this amendment, we will
ensure that Bloomington has the financial support it needs to put the
full strength of American ingenuity on display.
I want to take a moment to thank the city of Bloomington, Global
Minnesota, and the entire Minnesota delegation for supporting efforts
like these. This is how democracy should work, Democrats and
Republicans in Congress working together with constituents and
government agencies to craft legislation to benefit localities and our
entire country.
Madam Speaker, I look forward to working with the Biden
administration, just as we did with the Trump administration, to bring
the World Expo home to Minnesota.
{time} 1530
Mr. ROGERS of Kentucky. Madam Speaker, I yield 3 minutes to the
gentleman from Florida (Mr. Diaz-Balart).
Mr. DIAZ-BALART. Madam Speaker, for more than 2 weeks, we have seen
the horrors of repression taking place on the island of Cuba by the
communist regime.
Let me tell you, I am outraged that the Democratic majority refused
to make in order two amendments, bipartisan amendments, which I
cosponsored, that were led by two of my Democratic colleagues who, by
the way, are passionate about the cause of a free Cuba and the freedom
of the Cuban people.
The Murphy amendment would have provided an additional $7.5 million
in democratic assistance to support the free flow of information to the
island in this moment.
The Sires amendment would have provided an additional $15 million to
USAGM for the Office of Cuba Broadcasting, at a time when the Cuban
people had their internet cut.
They are struggling with this incredible oppression: getting
murdered, getting killed, getting dragged out of their homes. The fact
that we are inadequately funding radio broadcasting to the island is
hard to accept and hard to believe. It is disgraceful.
Now, while the Cuban people are risking everything for freedom, the
Democrat majority refused to allow these amendments to even be debated
here on the floor of the House.
I want to thank the Republican leadership and our Conference for
their steadfast support for years for the cause of a free Cuban.
But I want to thank those Democratic colleagues who are true
defenders of freedom in the cause of the Cuban people: Representatives
Murphy, Wasserman Schultz, and Sires, who fought hard to try to get
these amendments here on the floor.
As I stated in full committee, it is unconscionable that in this
moment when the Cubans are doing everything they can, and they have hit
the streets and they are getting bludgeoned and murdered and
imprisoned, that this majority would not even allow those amendments to
be heard on the floor of the House.
Madam Speaker, history will remember those who stood with the cause
of freedom, freedom for the Cuban people, and those who aligned
themselves with the oppressive murderous regime that represses them now
and for more than 62 years.
Ms. LEE of California. Madam Speaker, I yield 1 minute to the
gentlewoman from Minnesota (Ms. Omar).
Ms. OMAR. Madam Speaker, I thank the chairwoman for her leadership
and for including my amendment in the en bloc.
Madam Speaker, as a member of the Foreign Affairs Committee, I travel
around the world and hear so many of our diplomats emphasize the
importance of balancing development, diplomacy, and defense. But in so
many places, I don't see that balance.
My amendment is about restoring balance to our foreign policy by
moving away from military assistance and arms sales and toward
development and addressing the root causes of conflict.
Madam Speaker, I urge my colleagues to support this en bloc.
Ms. LEE of California. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, first of all, let me just say I am very proud of the
resources and programs in this bill,
[[Page H4151]]
which provide us the unique opportunity to restore America's global
leadership that has been missing in recent years.
Together, we can address the greatest challenges facing the United
States and provide vital support to the world's most vulnerable people.
Madam Speaker, I urge my colleagues to support these amendments en
bloc and the underlying bill.
Madam Speaker, I yield back the balance of my time.
Mr. ROGERS of Kentucky. Madam Speaker, I urge a ``no'' vote on the
amendment, and I yield back the balance of my time.
Ms. JACKSON LEE. Madam Speaker, I rise in support of this En Bloc
Amendment to H.R. 4373, the State and Foreign Operations Appropriations
Act for FY2022, which incorporates Jackson Lee Amendments Nos. 15, 16,
and 17.
I thank the Rules Committee for making these amendments in order and
State and Foreign Operations Appropriations Subcommittee Chair DeLauro
for including them in this En Bloc Amendment.
Jackson Lee Amendments No. 15 and No. 16 have been approved several
times by the relevant subcommittee, made in order by the Rules
Committee, and adopted by the full House; Jackson Lee Amendment #17,
while being offered for the first time, makes a very important
contribution to the health and safety of the global community.
Jackson Lee Amendment No. 16 will designate $1,000,000 to combat the
trafficking of endangered species.
The amendment makes a good bill better by providing a $1 million
focus to combat the transportation of the remains of endangered
species, to confront the transport of the remains of killed endangered
species.
The brutal killing of Cecil the lion after being lured off a
protected preserve was an indication that we needed to do more to
protect endangered species at risk of being killed.
At that time, I introduced and sought the support of my colleagues as
original cosponsors of my legislation, Cecil the Lion Endangered and
Threatened Species Act of 2015.
This bill sought to strengthen partner countries' capacity in
countering wildlife trafficking and designating major wildlife
countries for protection.
The Jackson Lee Amendment No. 16 is again offered in the same spirit:
to prohibit the taking and transportation of any endangered and
threatened species as a trophy to the United States.
Currently, the Endangered Species Act does not protect most wildlife
animals killed. At this point, we can choose to make wise decisions
that will sustain the global population, or we can ignore the warning
signs.
Jackson Lee Amendment No. 16 is one that the House has strongly
supported in the past because it would bring greater awareness and
protection to these beautiful and vital populations that are too often
taken for granted, by allowing this amendment to address the senseless
trafficking in trophy killings of all endangered and threatened
species.
Jackson Lee Amendment No. 15 provides funds to be allocate funds
provided for Global Health Programs to the fight against the practice
of Female Genital Mutilation.
I have been a dedicated champion against this practice for a long
while, working closely with former Congressman Joe Crowley of New York
to introduce legislation targeted at supporting the elimination of this
ludicrous practice of mutilating young women.
Female genital mutilation/cutting (FGM/C) comprises all procedures
that involve partial or total removal of the external female genitalia,
or other injury to the female genital organs for non-medical reasons.
This practice is rooted in gender inequality and is often linked to
other elements of gender-based violence and discrimination, such as
child marriage and recognized internationally as a violation of the
human rights of women and girls.
Unfortunately, this means an estimated 200 million girls and women
alive today have been victims of FGM/C, with girls 14 and younger
representing 44 million of those who have been cut.
For example, consider that around the world, at least five girls are
mutilated/cut every hour and more than 3 million girls are estimated to
be at risk of FGM/C, annually.
The impacts of FGM/C on the physical health of women and girls can
include bleeding, infection, obstetric fistula, complications during
childbirth and death.
Other significant barriers to combatting the practice of FGM/C
include the high concentration in specific regions associated with
several cultural traditions, that is not tied to any one religion.
According to UNICEF, FGM/C is reported to occur in all parts of the
world, but is most prevalent in parts of Africa, the Middle East, and
Asia.
Due to the commonality of this practice many migrants to the U.S.
bring the practice of FGM/C with them, increasing the importance of
combatting FGM/C abroad.
Jackson Lee Amendment #15 prioritizes funding for foreign assistance
to combat Female Genital Mutilation/Cutting (FGM/C), an internationally
recognized violation of the human rights of girls and women comes to an
end.
Finally, I thank the Rules Committee for making in order, and
Chairwoman Lee for including in this En Bloc Amendment, Jackson Lee
Amendment No. 17, which increases and decreases the Global Health
Programs fund by $1,000,000 to emphasize the national commitment for
USAID provide unused vaccines that would otherwise be destroyed to
countries in need around the world.
Increasing the availability to those countries in need of superfluous
but life-saving vaccines is what a great nation does; not only is the
right thing to do, but it also builds goodwill and rebuilds important
global relations that were ruptured by the previous Administration.
With the spread of Covid-19 variants on the rise, Jackson Lee
Amendment No. 17 will help our neighbors in this hemisphere, and our
friends and allies around the world cope with this ongoing global
public health crisis.
I urge all members to vote for the En Bloc Amendment and the
underlying legislation, H.R. 4373, the State and Foreign Operations
Appropriations Act for Fiscal Year 2022.
The SPEAKER pro tempore. Pursuant to House Resolution 567, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from California (Ms. Lee).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. ROGERS of Kentucky. Madam Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Pursuant to clause 1(c) of rule XIX, further consideration of H.R.
4373 is postponed.
____________________