Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB2438 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	Calendar No. 144
3	3	118THCONGRESS
4	4	1
5	5	STSESSION S. 2438
6	6	[Report No. 118–71]
7	7	Making appropriations for the Department of State, foreign operations, and
8	8	related programs for the fiscal year ending September 30, 2024, and
9	9	for other purposes.
10	10	IN THE SENATE OF THE UNITED STATES
11	11	JULY20, 2023
12	12	Mr. C
13	13	OONS, from the Committee on Appropriations, reported the following
14	14	original bill; which was read twice and placed on the calendar
15	15	A BILL
16	16	Making appropriations for the Department of State, foreign
17	17	operations, and related programs for the fiscal year end-
18	18	ing September 30, 2024, and for other purposes.
19	19	Be it enacted by the Senate and House of Representa-1
20	20	tives of the United States of America in Congress assembled, 2
21	21	That the following sums are appropriated, out of any 3
22	22	money in the Treasury not otherwise appropriated, for the 4
23	23	Department of State, foreign operations, and related pro-5
24	24	grams for the fiscal year ending September 30, 2024, and 6
25	25	for other purposes, namely: 7 2
26	26	•S 2438 RS
27	27	TITLE I 1
28	28	DEPARTMENT OF STATE AND RELATED 2
29	29	AGENCY 3
30	30	D
31	31	EPARTMENT OFSTATE 4
32	32	A
33	33	DMINISTRATION OFFOREIGNAFFAIRS 5
34	34	DIPLOMATIC PROGRAMS 6
35	35	For necessary expenses of the Department of State 7
36	36	and the Foreign Service not otherwise provided for, 8
37	37	$9,752,263,000, of which $883,283,000 may remain avail-9
38	38	able until September 30, 2025, and of which up to 10
39	39	$3,863,707,000 may remain available until expended for 11
40	40	Worldwide Security Protection: Provided, That funds 12
41	41	made available under this heading shall be allocated in ac-13
42	42	cordance with paragraphs (1) through (4), as follows: 14
43	43	(1) H
44	44	UMAN RESOURCES .—For necessary ex-15
45	45	penses for training, human resources management, 16
46	46	and salaries, including employment without regard 17
47	47	to civil service and classification laws of persons on 18
48	48	a temporary basis (not to exceed $700,000), as au-19
49	49	thorized by section 801 of the United States Infor-20
50	50	mation and Educational Exchange Act of 1948 (62 21
51	51	Stat. 11; Chapter 36), $3,676,196,000, of which up 22
52	52	to $684,767,000 is for Worldwide Security Protec-23
53	53	tion. 24 3
54	54	•S 2438 RS
55	55	(2) OVERSEAS PROGRAMS .—For necessary ex-1
56	56	penses for the regional bureaus of the Department 2
57	57	of State and overseas activities as authorized by law, 3
58	58	$1,739,648,000. 4
59	59	(3) D
60	60	IPLOMATIC POLICY AND SUPPORT .—For 5
61	61	necessary expenses for the functional bureaus of the 6
62	62	Department of State, including representation to 7
63	63	certain international organizations in which the 8
64	64	United States participates pursuant to treaties rati-9
65	65	fied pursuant to the advice and consent of the Sen-10
66	66	ate or specific Acts of Congress, general administra-11
67	67	tion, and arms control, nonproliferation, and disar-12
68	68	mament activities as authorized, $1,127,966,000. 13
69	69	(4) S
70	70	ECURITY PROGRAMS .—For necessary ex-14
71	71	penses for security activities, $3,208,453,000, of 15
72	72	which up to $3,178,940,000 is for Worldwide Secu-16
73	73	rity Protection. 17
74	74	(5) F
75	75	EES AND PAYMENTS COLLECTED .—In ad-18
76	76	dition to amounts otherwise made available under 19
77	77	this heading— 20
78	78	(A) as authorized by section 810 of the 21
79	79	United States Information and Educational Ex-22
80	80	change Act, not to exceed $5,000,000, to re-23
81	81	main available until expended, may be credited 24
82	82	to this appropriation from fees or other pay-25 4
83	83	•S 2438 RS
84	84	ments received from English teaching, library, 1
85	85	motion pictures, and publication programs and 2
86	86	from fees from educational advising and coun-3
87	87	seling and exchange visitor programs; and 4
88	88	(B) not to exceed $15,000, which shall be 5
89	89	derived from reimbursements, surcharges, and 6
90	90	fees for use of Blair House facilities. 7
91	91	(6) T
92	92	RANSFER OF FUNDS , REPROGRAMMING, 8
93	93	AND OTHER MATTERS .— 9
94	94	(A) Notwithstanding any other provision of 10
95	95	this Act, funds may be reprogrammed within 11
96	96	and between paragraphs (1) through (4) under 12
97	97	this heading subject to section 7015 of this Act. 13
98	98	(B) Of the amount made available under 14
99	99	this heading for Worldwide Security Protection, 15
100	100	not to exceed $50,000,000 may be transferred 16
101	101	to, and merged with, funds made available by 17
102	102	this Act under the heading ‘‘Emergencies in the 18
103	103	Diplomatic and Consular Service’’, to be avail-19
104	104	able only for emergency evacuations and re-20
105	105	wards, as authorized: Provided, That the exer-21
106	106	cise of the authority provided by this subpara-22
107	107	graph shall be subject to prior consultation with 23
108	108	the Committees on Appropriations. 24 5
109	109	•S 2438 RS
110	110	(C) Funds appropriated under this heading 1
111	111	are available for acquisition by exchange or pur-2
112	112	chase of passenger motor vehicles as authorized 3
113	113	by law and, pursuant to section 1108(g) of title 4
114	114	31, United States Code, for the field examina-5
115	115	tion of programs and activities in the United 6
116	116	States funded from any account contained in 7
117	117	this title. 8
118	118	(D) Funds appropriated under this head-9
119	119	ing shall be made available to support the ac-10
120	120	tivities of the Ambassador-at-Large for the Arc-11
121	121	tic Region, as described in the report accom-12
122	122	panying this Act. 13
123	123	(E) Of the amount made available under 14
124	124	this heading, up to $75,000,000 may be trans-15
125	125	ferred to, and merged with, funds made avail-16
126	126	able in title I of this Act under the heading 17
127	127	‘‘Capital Investment Fund’’: Provided, That the 18
128	128	exercise of the authority provided by this sub-19
129	129	paragraph shall be subject to prior consultation 20
130	130	with the Committees on Appropriations. 21
131	131	(F) Consistent with section 204 of the Ad-22
132	132	miral James W. Nance and Meg Donovan For-23
133	133	eign Relations Authorization Act, Fiscal Years 24
134	134	2000 and 2001 (22 U.S.C. 2452b), up to 25 6
135	135	•S 2438 RS
136	136	$25,000,000 of the amounts made available 1
137	137	under this heading may be obligated and ex-2
138	138	pended for United States participation in inter-3
139	139	national fairs and expositions abroad, including 4
140	140	for construction and operation of a United 5
141	141	States pavilion at Expo 2025. 6
142	142	(G) Funds appropriated under this head-7
143	143	ing and under the heading ‘‘Emergencies in the 8
144	144	Diplomatic and Consular Service’’ may be made 9
145	145	available for support for United States nation-10
146	146	als detained overseas following the return of 11
147	147	such nationals, and their family members, if the 12
148	148	Secretary of State has determined that there is 13
149	149	credible information that their detention was 14
150	150	wrongful, consistent with section 302(a) of the 15
151	151	Robert Levinson Hostage Recovery and Hos-16
152	152	tage-Taking Accountability Act (subtitle A of 17
153	153	title III of division FF of Public Law 116– 18
154	154	260), including for— 19
155	155	(i) medical, mental health, and other 20
156	156	appropriate support for such wrongfully 21
157	157	detained United States nationals; and 22
158	158	(ii) travel expenses and other appro-23
159	159	priate support for family members of such 24
160	160	individuals during their wrongful deten-25 7
161	161	•S 2438 RS
162	162	tion, and following their return, including 1
163	163	for counseling, the provision of information 2
164	164	related to the wrongful detention case, and 3
165	165	family reunification: 4
166	166	Provided, That of the funds made available under 5
167	167	this heading, up to $6,200,000 may be made avail-6
168	168	able for such purposes: Provided further, That funds 7
169	169	made available pursuant to this subparagraph shall 8
170	170	be subject to prior consultation with, and the regular 9
171	171	notification procedures of, the Committees on Ap-10
172	172	propriations. 11
173	173	CAPITAL INVESTMENT FUND 12
174	174	For necessary expenses of the Capital Investment 13
175	175	Fund, as authorized, $389,000,000, to remain available 14
176	176	until expended. 15
177	177	OFFICE OF INSPECTOR GENERAL 16
178	178	For necessary expenses of the Office of Inspector 17
179	179	General, $134,670,000, of which $16,175,000 may remain 18
180	180	available until September 30, 2025, and of which up to 19
181	181	$26,835,000 may remain available until September 30, 20
182	182	2025 for the Special Inspector General for Afghanistan 21
183	183	Reconstruction (SIGAR): Provided, That funds appro-22
184	184	priated under this heading are made available notwith-23
185	185	standing section 209(a)(1) of the Foreign Service Act of 24
186	186	1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspec-25 8
187	187	•S 2438 RS
188	188	tions: Provided further, That funds appropriated under 1
189	189	this heading that are made available for the printing and 2
190	190	reproduction costs of SIGAR shall not exceed amounts for 3
191	191	such costs during the prior fiscal year. 4
192	192	EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS 5
193	193	For necessary expenses of educational and cultural 6
194	194	exchange programs, as authorized, $779,539,000, to re-7
195	195	main available until expended, of which not less than 8
196	196	$287,800,000 shall be for the Fulbright Program and not 9
197	197	less than $115,000,000 shall be for Citizen Exchange Pro-10
198	198	gram: Provided, That fees or other payments received 11
199	199	from, or in connection with, English teaching, educational 12
200	200	advising and counseling programs, and exchange visitor 13
201	201	programs as authorized may be credited to this account, 14
202	202	to remain available until expended: Provided further, That 15
203	203	a portion of the Fulbright awards from the Eurasia and 16
204	204	Central Asia regions shall be designated as Edmund S. 17
205	205	Muskie Fellowships, following consultation with the Com-18
206	206	mittees on Appropriations: Provided further, That funds 19
207	207	appropriated under this heading that are made available 20
208	208	for the Benjamin Gilman International Scholarships Pro-21
209	209	gram shall also be made available for the John S. McCain 22
210	210	Scholars Program, pursuant to section 7075 of the De-23
211	211	partment of State, Foreign Operations, and Related Pro-24
212	212	grams Appropriations Act, 2019 (division F of Public Law 25 9
213	213	•S 2438 RS
214	214	116–6): Provided further, That funds appropriated under 1
215	215	this heading shall be made available for the Arctic Ex-2
216	216	change Program: Provided further, That a portion of the 3
217	217	Global Undergraduate Exchange Program awards under 4
218	218	the Fulbright Program shall be designated as Ukraine Re-5
219	219	construction Engineering Fellowships, following consulta-6
220	220	tion with the Committees on Appropriations: Provided fur-7
221	221	ther, That any substantive modifications from the prior 8
222	222	fiscal year to programs funded by this Act under this 9
223	223	heading shall be subject to prior consultation with, and 10
224	224	the regular notification procedures of, the Committees on 11
225	225	Appropriations: Provided further, That funds made avail-12
226	226	able under this heading may be used to carry out the ac-13
227	227	tivities of the Cultural Antiquities Task Force, of which 14
228	228	not to exceed $1,200,000 may be used to make grants for 15
229	229	such purposes: Provided further, That funds made avail-16
230	230	able under this heading may be made available for Ful-17
231	231	bright exchange programs for Hong Kong and Macau not-18
232	232	withstanding any other provision of law, executive order, 19
233	233	or regulation, following consultation with the appropriate 20
234	234	congressional committees. 21
235	235	REPRESENTATION EXPENSES 22
236	236	For representation expenses as authorized, 23
237	237	$7,415,000. 24 10
238	238	•S 2438 RS
239	239	PROTECTION OF FOREIGN MISSIONS AND OFFICIALS 1
240	240	For necessary expenses, not otherwise provided, to 2
241	241	enable the Secretary of State to provide for extraordinary 3
242	242	protective services, as authorized, $30,890,000, to remain 4
243	243	available until September 30, 2025. 5
244	244	EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE 6
245	245	For necessary expenses for carrying out the Foreign 7
246	246	Service Buildings Act of 1926 (22 U.S.C. 292 et seq.), 8
247	247	preserving, maintaining, repairing, and planning for real 9
248	248	property that are owned or leased by the Department of 10
249	249	State, and renovating, in addition to funds otherwise avail-11
250	250	able, the Harry S Truman Building, $917,381,000, to re-12
251	251	main available until September 30, 2028, of which not to 13
252	252	exceed $25,000 may be used for overseas representation 14
253	253	expenses as authorized: Provided, That none of the funds 15
254	254	appropriated in this paragraph shall be available for acqui-16
255	255	sition of furniture, furnishings, or generators for other de-17
256	256	partments and agencies of the United States Government. 18
257	257	In addition, for the costs of worldwide security up-19
258	258	grades, acquisition, and construction as authorized, 20
259	259	$1,095,801,000, to remain available until expended. 21
260	260	Amounts appropriated under this heading are made 22
261	261	available for the purposes justified for funds requested 23
262	262	under this heading in the fiscal year 2024 budget request 24
263	263	for international affairs, Congressional Budget Appendix 25 11
264	264	•S 2438 RS
265	265	1: Department of State, Diplomatic Engagement Jus-1
266	266	tification, except not more than 90 percent of the amount 2
267	267	justified for any new construction cost project may be 3
268	268	made available for such purpose: Provided, That the re-4
269	269	ductions in cost required by this paragraph shall be made 5
270	270	based on a risk-based assessment of construction require-6
271	271	ments, consistent with applicable laws and regulations, in-7
272	272	cluding section 9301 of the Secure Embassy Construction 8
273	273	and Counterterrorism Act of 2022 (title XCIII, Public 9
274	274	Law 117–263): Provided further, That the amounts that 10
275	275	remain available following such reductions shall be used 11
276	276	for the acceleration of projects planned for fiscal year 12
277	277	2025 for projects in the existing maintenance backlog, or 13
278	278	for projects specified in the report accompanying this Act, 14
279	279	following consultation with, and subject to the regular no-15
280	280	tification procedures of, the Committees on Appropria-16
281	281	tions. 17
282	282	EMERGENCIES IN THE DIPLOMATIC AND CONSULAR 18
283	283	SERVICE 19
284	284	For necessary expenses to enable the Secretary of 20
285	285	State to meet unforeseen emergencies arising in the Diplo-21
286	286	matic and Consular Service, as authorized, $8,885,000, to 22
287	287	remain available until expended, of which not to exceed 23
288	288	$1,000,000 may be transferred to, and merged with, funds 24 12
289	289	•S 2438 RS
290	290	appropriated by this Act under the heading ‘‘Repatriation 1
291	291	Loans Program Account’’. 2
292	292	REPATRIATION LOANS PROGRAM ACCOUNT 3
293	293	For the cost of direct loans, $1,800,000, as author-4
294	294	ized: Provided, That such costs, including the cost of modi-5
295	295	fying such loans, shall be as defined in section 502 of the 6
296	296	Congressional Budget Act of 1974: Provided further, That 7
297	297	such funds are available to subsidize gross obligations for 8
298	298	the principal amount of direct loans not to exceed 9
299	299	$5,167,004. 10
300	300	PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN 11
301	301	For necessary expenses to carry out the Taiwan Rela-12
302	302	tions Act (Public Law 96–8), $36,964,000. 13
303	303	INTERNATIONAL CENTER , WASHINGTON, DISTRICT OF 14
304	304	COLUMBIA 15
305	305	Not to exceed $1,842,732 shall be derived from fees 16
306	306	collected from other executive agencies for lease or use of 17
307	307	facilities at the International Center in accordance with 18
308	308	section 4 of the International Center Act (Public Law 90– 19
309	309	553), and, in addition, as authorized by section 5 of such 20
310	310	Act, $744,000, to be derived from the reserve authorized 21
311	311	by such section, to be used for the purposes set out in 22
312	312	that section. 23 13
313	313	•S 2438 RS
314	314	PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND 1
315	315	DISABILITY FUND 2
316	316	For payment to the Foreign Service Retirement and 3
317	317	Disability Fund, as authorized, $158,900,000. 4
318	318	I
319	319	NTERNATIONALORGANIZATIONS 5
320	320	CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 6
321	321	For necessary expenses, not otherwise provided for, 7
322	322	to meet annual obligations of membership in international 8
323	323	multilateral organizations, pursuant to treaties ratified 9
324	324	pursuant to the advice and consent of the Senate, conven-10
325	325	tions, or specific Acts of Congress, $1,622,825,000, of 11
326	326	which $96,240,000 may remain available until September 12
327	327	30, 2025: Provided, That the Secretary of State shall, at 13
328	328	the time of the submission of the President’s budget to 14
329	329	Congress under section 1105(a) of title 31, United States 15
330	330	Code, transmit to the Committees on Appropriations the 16
331	331	most recent biennial budget prepared by the United Na-17
332	332	tions for the operations of the United Nations: Provided 18
333	333	further, That the Secretary of State shall notify the Com-19
334	334	mittees on Appropriations at least 15 days in advance (or 20
335	335	in an emergency, as far in advance as is practicable) of 21
336	336	any United Nations action to increase funding for any 22
337	337	United Nations program without identifying an offsetting 23
338	338	decrease elsewhere in the United Nations budget: Provided 24
339	339	further, That any payment of arrearages under this head-25 14
340	340	•S 2438 RS
341	341	ing shall be directed to activities that are mutually agreed 1
342	342	upon by the United States and the respective international 2
343	343	organization and shall be subject to the regular notifica-3
344	344	tion procedures of the Committees on Appropriations: Pro-4
345	345	vided further, That none of the funds appropriated under 5
346	346	this heading shall be available for a United States con-6
347	347	tribution to an international organization for the United 7
348	348	States share of interest costs made known to the United 8
349	349	States Government by such organization for loans in-9
350	350	curred on or after October 1, 1984, through external bor-10
351	351	rowings: Provided further, That funds made available 11
352	352	under this heading may be made available for United 12
353	353	States contributions in support of the International En-13
354	354	ergy Forum. 14
355	355	CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING 15
356	356	ACTIVITIES 16
357	357	For necessary expenses to pay assessed and other ex-17
358	358	penses of international peacekeeping activities directed to 18
359	359	the maintenance or restoration of international peace and 19
360	360	security, $1,481,915,000, of which $740,958,000 may re-20
361	361	main available until September 30, 2025: Provided, That 21
362	362	none of the funds made available by this Act shall be obli-22
363	363	gated or expended for any new or expanded United Na-23
364	364	tions peacekeeping mission unless, at least 15 days in ad-24
365	365	vance of voting for such mission in the United Nations 25 15
366	366	•S 2438 RS
367	367	Security Council (or in an emergency as far in advance 1
368	368	as is practicable), the Committees on Appropriations are 2
369	369	notified of: (1) the estimated cost and duration of the mis-3
370	370	sion, the objectives of the mission, the national interest 4
371	371	that will be served, and the exit strategy; and (2) the 5
372	372	sources of funds, including any reprogrammings or trans-6
373	373	fers, that will be used to pay the cost of the new or ex-7
374	374	panded mission, and the estimated cost in future fiscal 8
375	375	years: Provided further, That none of the funds appro-9
376	376	priated under this heading may be made available for obli-10
377	377	gation unless the Secretary of State certifies and reports 11
378	378	to the Committees on Appropriations on a peacekeeping 12
379	379	mission-by-mission basis that the United Nations is imple-13
380	380	menting effective policies and procedures to prevent 14
381	381	United Nations employees, contractor personnel, and 15
382	382	peacekeeping troops serving in such mission from traf-16
383	383	ficking in persons, exploiting victims of trafficking, or 17
384	384	committing acts of sexual exploitation and abuse or other 18
385	385	violations of human rights, and to hold accountable indi-19
386	386	viduals who engage in such acts while participating in 20
387	387	such mission, including prosecution in their home coun-21
388	388	tries and making information about such prosecutions 22
389	389	publicly available on the website of the United Nations: 23
390	390	Provided further, That the Secretary of State shall work 24
391	391	with the United Nations and foreign governments contrib-25 16
392	392	•S 2438 RS
393	393	uting peacekeeping troops to implement effective vetting 1
394	394	procedures to ensure that such troops have not violated 2
395	395	human rights: Provided further, That funds shall be avail-3
396	396	able for peacekeeping expenses unless the Secretary of 4
397	397	State determines that United States manufacturers and 5
398	398	suppliers are not being given opportunities to provide 6
399	399	equipment, services, and material for United Nations 7
400	400	peacekeeping activities equal to those being given to for-8
401	401	eign manufacturers and suppliers: Provided further, That 9
402	402	none of the funds appropriated or otherwise made avail-10
403	403	able under this heading may be used for any United Na-11
404	404	tions peacekeeping mission that will involve United States 12
405	405	Armed Forces under the command or operational control 13
406	406	of a foreign national, unless the President’s military advi-14
407	407	sors have submitted to the President a recommendation 15
408	408	that such involvement is in the national interest of the 16
409	409	United States and the President has submitted to Con-17
410	410	gress such a recommendation: Provided further, That any 18
411	411	payment of arrearages with funds appropriated by this Act 19
412	412	shall be subject to the regular notification procedures of 20
413	413	the Committees on Appropriations. 21
414	414	I
415	415	NTERNATIONALCOMMISSIONS 22
416	416	For necessary expenses, not otherwise provided for, 23
417	417	to meet obligations of the United States arising under 24
418	418	treaties, or specific Acts of Congress, as follows: 25 17
419	419	•S 2438 RS
420	420	INTERNATIONAL BOUNDARY AND WATER COMMISSION , 1
421	421	UNITED STATES AND MEXICO 2
422	422	For necessary expenses for the United States Section 3
423	423	of the International Boundary and Water Commission, 4
424	424	United States and Mexico, and to comply with laws appli-5
425	425	cable to the United States Section, including not to exceed 6
426	426	$6,000 for representation expenses, as follows: 7
427	427	SALARIES AND EXPENSES 8
428	428	For salaries and expenses, not otherwise provided for, 9
429	429	$64,800,000, of which $9,720,000 may remain available 10
430	430	until September 30, 2025. 11
431	431	CONSTRUCTION 12
432	432	For detailed plan preparation and construction of au-13
433	433	thorized projects, $53,030,000, to remain available until 14
434	434	expended, as authorized: Provided, That of the funds ap-15
435	435	propriated under this heading in this Act and prior Acts 16
436	436	making appropriations for the Department of State, for-17
437	437	eign operations, and related programs for the United 18
438	438	States Section, up to $5,000,000 may be transferred to, 19
439	439	and merged with, funds appropriated under the heading 20
440	440	‘‘Salaries and Expenses’’ to carry out the purposes of the 21
441	441	United States Section, which shall be subject to prior con-22
442	442	sultation with, and the regular notification procedures of, 23
443	443	the Committees on Appropriations: Provided further, That 24 18
444	444	•S 2438 RS
445	445	such transfer authority is in addition to any other transfer 1
446	446	authority provided in this Act. 2
447	447	AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS 3
448	448	For necessary expenses, not otherwise provided, for 4
449	449	the International Joint Commission and the International 5
450	450	Boundary Commission, United States and Canada, as au-6
451	451	thorized by treaties between the United States and Can-7
452	452	ada or Great Britain, $13,505,000: Provided, That of the 8
453	453	amount provided under this heading for the International 9
454	454	Joint Commission, up to $1,250,000 may remain available 10
455	455	until September 30, 2025, and up to $9,000 may be made 11
456	456	available for representation expenses: Provided further, 12
457	457	That of the amount provided under this heading for the 13
458	458	International Boundary Commission, up to $1,000 may be 14
459	459	made available for representation expenses. 15
460	460	INTERNATIONAL FISHERIES COMMISSIONS 16
461	461	For necessary expenses for international fisheries 17
462	462	commissions, not otherwise provided for, as authorized by 18
463	463	law, $65,719,000: Provided, That the United States share 19
464	464	of such expenses may be advanced to the respective com-20
465	465	missions pursuant to section 3324 of title 31, United 21
466	466	States Code. 22 19
467	467	•S 2438 RS
468	468	RELATED AGENCY 1
469	469	U
470	470	NITEDSTATESAGENCY FORGLOBALMEDIA 2
471	471	INTERNATIONAL BROADCASTING OPERATIONS 3
472	472	For necessary expenses to enable the United States 4
473	473	Agency for Global Media (USAGM), as authorized, to 5
474	474	carry out international communication activities, and to 6
475	475	make and supervise grants for radio, Internet, and tele-7
476	476	vision broadcasting to the Middle East, $895,000,000, of 8
477	477	which $44,750,000 may remain available until September 9
478	478	30, 2025: Provided, That in addition to amounts otherwise 10
479	479	available for such purposes, up to $79,722,000 of the 11
480	480	amount appropriated under this heading may remain 12
481	481	available until expended for satellite transmissions, global 13
482	482	network distribution, and Internet freedom programs, of 14
483	483	which not less than $47,514,000 shall be for Internet free-15
484	484	dom programs: Provided further, That of the total amount 16
485	485	appropriated under this heading, not to exceed $35,000 17
486	486	may be used for representation expenses, of which 18
487	487	$10,000 may be used for such expenses within the United 19
488	488	States as authorized, and not to exceed $30,000 may be 20
489	489	used for representation expenses of Radio Free Europe/ 21
490	490	Radio Liberty: Provided further, That funds appropriated 22
491	491	under this heading shall be allocated in accordance with 23
492	492	the table included under this heading in the report accom-24
493	493	panying this Act: Provided further, That notwithstanding 25 20
494	494	•S 2438 RS
495	495	the previous proviso, funds may be reprogrammed within 1
496	496	and between amounts designated in such table, subject to 2
497	497	the regular notification procedures of the Committees on 3
498	498	Appropriations, except that no such reprogramming may 4
499	499	reduce a designated amount by more than 5 percent: Pro-5
500	500	vided further, That funds appropriated under this heading 6
501	501	shall be made available in accordance with the principles 7
502	502	and standards set forth in section 303(a) and (b) of the 8
503	503	United States International Broadcasting Act of 1994 (22 9
504	504	U.S.C. 6202) and section 305(b) of such Act (22 U.S.C. 10
505	505	6204): Provided further, That the USAGM Chief Execu-11
506	506	tive Officer shall notify the Committees on Appropriations 12
507	507	within 15 days of any determination by the USAGM that 13
508	508	any of its broadcast entities, including its grantee organi-14
509	509	zations, is in violation of the principles and standards set 15
510	510	forth in section 303(a) and (b) of such Act or the entity’s 16
511	511	journalistic code of ethics: Provided further, That the 17
512	512	USAGM Chief Executive Officer shall notify the Commit-18
513	513	tees on Appropriations within 15 days of any determina-19
514	514	tion by the USAGM CEO that any of its broadcast enti-20
515	515	ties, including its grantee organizations, provides an open 21
516	516	platform for international terrorists: Provided further, 22
517	517	That in addition to funds made available under this head-23
518	518	ing, and notwithstanding any other provision of law, up 24
519	519	to $5,000,000 in receipts from advertising and revenue 25 21
520	520	•S 2438 RS
521	521	from business ventures, up to $500,000 in receipts from 1
522	522	cooperating international organizations, and up to 2
523	523	$1,000,000 in receipts from privatization efforts of the 3
524	524	Voice of America and the International Broadcasting Bu-4
525	525	reau, shall remain available until expended for carrying 5
526	526	out authorized purposes: Provided further, That signifi-6
527	527	cant modifications to USAGM broadcast hours previously 7
528	528	justified to Congress, including changes to transmission 8
529	529	platforms (shortwave, medium wave, satellite, Internet, 9
530	530	and television), for all USAGM language services shall be 10
531	531	subject to the regular notification procedures of the Com-11
532	532	mittees on Appropriations: Provided further, That up to 12
533	533	$5,000,000 from the USAGM Buying Power Maintenance 13
534	534	account may be transferred to, and merged with, funds 14
535	535	appropriated by this Act under the heading ‘‘International 15
536	536	Broadcasting Operations’’, which shall remain available 16
537	537	until expended: Provided further, That such transfer au-17
538	538	thority is in addition to any transfer authority otherwise 18
539	539	available under any other provision of law and shall be 19
540	540	subject to prior consultation with, and the regular notifica-20
541	541	tion procedures of, the Committees on Appropriations. 21
542	542	BROADCASTING CAPITAL IMPROVEMENTS 22
543	543	For the purchase, rent, construction, repair, preser-23
544	544	vation, and improvement of facilities for radio, television, 24
545	545	and digital transmission and reception; the purchase, rent, 25 22
546	546	•S 2438 RS
547	547	and installation of necessary equipment for radio, tele-1
548	548	vision, and digital transmission and reception, including 2
549	549	to Cuba, as authorized; and physical security worldwide, 3
550	550	in addition to amounts otherwise available for such pur-4
551	551	poses, $9,700,000, to remain available until expended, as 5
552	552	authorized. 6
553	553	RELATED PROGRAMS 7
554	554	T
555	555	HEASIAFOUNDATION 8
556	556	For a grant to The Asia Foundation, as authorized 9
557	557	by The Asia Foundation Act (22 U.S.C. 4402), 10
558	558	$25,000,000, to remain available until expended. 11
559	559	U
560	560	NITEDSTATESINSTITUTE OFPEACE 12
561	561	For necessary expenses of the United States Institute 13
562	562	of Peace, as authorized by the United States Institute of 14
563	563	Peace Act (22 U.S.C. 4601 et seq.), $60,000,000, to re-15
564	564	main available until September 30, 2025, which shall not 16
565	565	be used for construction activities. 17
566	566	C
567	567	ENTER FORMIDDLEEASTERN-WESTERNDIALOGUE 18
568	568	T
569	569	RUSTFUND 19
570	570	For necessary expenses of the Center for Middle 20
571	571	Eastern-Western Dialogue Trust Fund, as authorized by 21
572	572	section 633 of the Departments of Commerce, Justice, and 22
573	573	State, the Judiciary, and Related Agencies Appropriations 23
574	574	Act, 2004 (22 U.S.C. 2078), the total amount of the inter-24 23
575	575	•S 2438 RS
576	576	est and earnings accruing to such Fund on or before Sep-1
577	577	tember 30, 2024, to remain available until expended. 2
578	578	E
579	579	ISENHOWEREXCHANGEFELLOWSHIPPROGRAM 3
580	580	For necessary expenses of Eisenhower Exchange Fel-4
581	581	lowships, Incorporated, as authorized by sections 4 and 5
582	582	5 of the Eisenhower Exchange Fellowship Act of 1990 (20 6
583	583	U.S.C. 5204–5205), all interest and earnings accruing to 7
584	584	the Eisenhower Exchange Fellowship Program Trust 8
585	585	Fund on or before September 30, 2024, to remain avail-9
586	586	able until expended: Provided, That none of the funds ap-10
587	587	propriated herein shall be used to pay any salary or other 11
588	588	compensation, or to enter into any contract providing for 12
589	589	the payment thereof, in excess of the rate authorized by 13
590	590	section 5376 of title 5, United States Code; or for pur-14
591	591	poses which are not in accordance with section 200 of title 15
592	592	2 of the Code of Federal Regulations, including the re-16
593	593	strictions on compensation for personal services. 17
594	594	I
595	595	SRAELIARABSCHOLARSHIPPROGRAM 18
596	596	For necessary expenses of the Israeli Arab Scholar-19
597	597	ship Program, as authorized by section 214 of the Foreign 20
598	598	Relations Authorization Act, Fiscal Years 1992 and 1993 21
599	599	(22 U.S.C. 2452 note), all interest and earnings accruing 22
600	600	to the Israeli Arab Scholarship Fund on or before Sep-23
601	601	tember 30, 2024, to remain available until expended. 24 24
602	602	•S 2438 RS
603	603	EAST-WESTCENTER 1
604	604	To enable the Secretary of State to provide for car-2
605	605	rying out the provisions of the Center for Cultural and 3
606	606	Technical Interchange Between East and West Act of 4
607	607	1960, by grant to the Center for Cultural and Technical 5
608	608	Interchange Between East and West in the State of Ha-6
609	609	waii, $25,000,000. 7
610	610	N
611	611	ATIONALENDOWMENT FOR DEMOCRACY 8
612	612	For grants made by the Department of State to the 9
613	613	National Endowment for Democracy, as authorized by the 10
614	614	National Endowment for Democracy Act (22 U.S.C. 11
615	615	4412), $315,000,000, to remain available until expended, 12
616	616	of which $205,632,000 shall be allocated in the traditional 13
617	617	and customary manner, including for the core institutes, 14
618	618	and $109,368,000 shall be for democracy programs: Pro-15
619	619	vided, That the requirements of section 7062(a) of this 16
620	620	Act shall not apply to funds made available under this 17
621	621	heading. 18
622	622	OTHER COMMISSIONS 19
623	623	C
624	624	OMMISSION FOR THE PRESERVATION OFAMERICA’S 20
625	625	H
626	626	ERITAGEABROAD 21
627	627	SALARIES AND EXPENSES 22
628	628	For necessary expenses for the Commission for the 23
629	629	Preservation of America’s Heritage Abroad, $770,000, as 24
630	630	authorized by chapter 3123 of title 54, United States 25 25
631	631	•S 2438 RS
632	632	Code: Provided, That the Commission may procure tem-1
633	633	porary, intermittent, and other services notwithstanding 2
634	634	paragraph (3) of section 312304(b) of such chapter: Pro-3
635	635	vided further, That such authority shall terminate on Octo-4
636	636	ber 1, 2024: Provided further, That the Commission shall 5
637	637	notify the Committees on Appropriations prior to exer-6
638	638	cising such authority. 7
639	639	U
640	640	NITEDSTATESCOMMISSION ONINTERNATIONAL 8
641	641	R
642	642	ELIGIOUSFREEDOM 9
643	643	SALARIES AND EXPENSES 10
644	644	For necessary expenses for the United States Com-11
645	645	mission on International Religious Freedom, as authorized 12
646	646	by title II of the International Religious Freedom Act of 13
647	647	1998 (22 U.S.C. 6431 et seq.), $3,500,000, to remain 14
648	648	available until September 30, 2025, including not more 15
649	649	than $4,000 for representation expenses. 16
650	650	C
651	651	OMMISSION ONSECURITY ANDCOOPERATION IN 17
652	652	E
653	653	UROPE 18
654	654	SALARIES AND EXPENSES 19
655	655	For necessary expenses of the Commission on Secu-20
656	656	rity and Cooperation in Europe, as authorized by Public 21
657	657	Law 94–304 (22 U.S.C. 3001 et seq.), $2,908,000, includ-22
658	658	ing not more than $6,000 for representation expenses, to 23
659	659	remain available until September 30, 2025. 24 26
660	660	•S 2438 RS
661	661	CONGRESSIONAL-EXECUTIVECOMMISSION ON THE 1
662	662	P
663	663	EOPLE’SREPUBLIC OFCHINA 2
664	664	SALARIES AND EXPENSES 3
665	665	For necessary expenses of the Congressional-Execu-4
666	666	tive Commission on the People’s Republic of China, as au-5
667	667	thorized by title III of the U.S.-China Relations Act of 6
668	668	2000 (22 U.S.C. 6911 et seq.), $2,300,000, including not 7
669	669	more than $3,000 for representation expenses, to remain 8
670	670	available until September 30, 2025. 9
671	671	U
672	672	NITEDSTATES-CHINAECONOMIC ANDSECURITY 10
673	673	R
674	674	EVIEWCOMMISSION 11
675	675	SALARIES AND EXPENSES 12
676	676	For necessary expenses of the United States-China 13
677	677	Economic and Security Review Commission, as authorized 14
678	678	by section 1238 of the Floyd D. Spence National Defense 15
679	679	Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 16
680	680	$4,000,000, including not more than $4,000 for represen-17
681	681	tation expenses, to remain available until September 30, 18
682	682	2025: Provided, That the authorities, requirements, limi-19
683	683	tations, and conditions contained in the second through 20
684	684	fifth provisos under this heading in the Department of 21
685	685	State, Foreign Operations, and Related Programs Appro-22
686	686	priations Act, 2010 (division F of Public Law 111–117) 23
687	687	shall continue in effect during fiscal year 2023 and shall 24
688	688	apply to funds appropriated under this heading. 25 27
689	689	•S 2438 RS
690	690	COMMISSION ONREFORM ANDMODERNIZATION OF THE 1
691	691	D
692	692	EPARTMENT OFSTATE 2
693	693	SALARIES AND EXPENSES 3
694	694	For necessary expenses of the Commission on Reform 4
695	695	and Modernization of the Department of State, as author-5
696	696	ized by section 9803 of the James M. Inhofe National De-6
697	697	fense Authorization Act for Fiscal Year 2023 (Public Law 7
698	698	117–263), $2,000,000, to remain available until Sep-8
699	699	tember 30, 2025. 9 28
700	700	•S 2438 RS
701	701	TITLE II 1
702	702	UNITED STATES AGENCY FOR INTERNATIONAL 2
703	703	DEVELOPMENT 3
704	704	F
705	705	UNDSAPPROPRIATED TO THE PRESIDENT 4
706	706	OPERATING EXPENSES 5
707	707	For necessary expenses to carry out the provisions 6
708	708	of section 667 of the Foreign Assistance Act of 1961, 7
709	709	$1,796,762,000, of which up to $269,514,000 may remain 8
710	710	available until September 30, 2025: Provided, That none 9
711	711	of the funds appropriated under this heading and under 10
712	712	the heading ‘‘Capital Investment Fund’’ in this title may 11
713	713	be made available to finance the construction (including 12
714	714	architect and engineering services), purchase, or long-term 13
715	715	lease of offices for use by the United States Agency for 14
716	716	International Development, unless the USAID Adminis-15
717	717	trator has identified such proposed use of funds in a re-16
718	718	port submitted to the Committees on Appropriations at 17
719	719	least 15 days prior to the obligation of funds for such pur-18
720	720	poses: Provided further, That contracts or agreements en-19
721	721	tered into with funds appropriated under this heading may 20
722	722	entail commitments for the expenditure of such funds 21
723	723	through the following fiscal year: Provided further, That 22
724	724	the authority of sections 610 and 109 of the Foreign As-23
725	725	sistance Act of 1961 may be exercised by the Secretary 24
726	726	of State to transfer funds appropriated to carry out chap-25 29
727	727	•S 2438 RS
728	728	ter 1 of part I of such Act to ‘‘Operating Expenses’’ in 1
729	729	accordance with the provisions of those sections: Provided 2
730	730	further, That of the funds appropriated or made available 3
731	731	under this heading, not to exceed $250,000 may be avail-4
732	732	able for representation and entertainment expenses, of 5
733	733	which not to exceed $5,000 may be available for entertain-6
734	734	ment expenses, and not to exceed $100,500 shall be for 7
735	735	official residence expenses, for USAID during the current 8
736	736	fiscal year: Provided further, That of the funds appro-9
737	737	priated under this heading, up to $20,000,000 may be 10
738	738	transferred to, and merged with, funds appropriated or 11
739	739	otherwise made available in title II of this Act under the 12
740	740	heading ‘‘Capital Investment Fund’’, subject to prior con-13
741	741	sultation with, and the regular notification procedures of, 14
742	742	the Committees on Appropriations. 15
743	743	CAPITAL INVESTMENT FUND 16
744	744	For necessary expenses for overseas construction and 17
745	745	related costs, and for the procurement and enhancement 18
746	746	of information technology and related capital investments, 19
747	747	pursuant to section 667 of the Foreign Assistance Act of 20
748	748	1961, $259,100,000, to remain available until expended: 21
749	749	Provided, That this amount is in addition to funds other-22
750	750	wise available for such purposes: Provided further, That 23
751	751	funds appropriated under this heading shall be available 24 30
752	752	•S 2438 RS
753	753	subject to the regular notification procedures of the Com-1
754	754	mittees on Appropriations. 2
755	755	OFFICE OF INSPECTOR GENERAL 3
756	756	For necessary expenses to carry out the provisions 4
757	757	of section 667 of the Foreign Assistance Act of 1961, 5
758	758	$86,500,000, of which up to $12,975,000 may remain 6
759	759	available until September 30, 2025, for the Office of In-7
760	760	spector General of the United States Agency for Inter-8
761	761	national Development. 9 31
762	762	•S 2438 RS
763	763	TITLE III 1
764	764	BILATERAL ECONOMIC ASSISTANCE 2
765	765	F
766	766	UNDSAPPROPRIATED TO THE PRESIDENT 3
767	767	For necessary expenses to enable the President to 4
768	768	carry out the provisions of the Foreign Assistance Act of 5
769	769	1961, and for other purposes, as follows: 6
770	770	GLOBAL HEALTH PROGRAMS 7
771	771	For necessary expenses to carry out the provisions 8
772	772	of chapters 1 and 10 of part I of the Foreign Assistance 9
773	773	Act of 1961, for global health activities, in addition to 10
774	774	funds otherwise available for such purposes, 11
775	775	$4,222,950,000, to remain available until September 30, 12
776	776	2025, and which shall be apportioned directly to the 13
777	777	United States Agency for International Development: Pro-14
778	778	vided, That this amount shall be made available for train-15
779	779	ing, equipment, and technical assistance to build the ca-16
780	780	pacity of public health institutions and organizations in 17
781	781	developing countries, and for such activities as: (1) child 18
782	782	survival and maternal health programs; (2) immunization 19
783	783	and oral rehydration programs; (3) other health, nutrition, 20
784	784	water and sanitation programs which directly address the 21
785	785	needs of mothers and children, and related education pro-22
786	786	grams; (4) assistance for children displaced or orphaned 23
787	787	by causes other than AIDS; (5) programs for the preven-24
788	788	tion, treatment, control of, and research on HIV/AIDS, 25 32
789	789	•S 2438 RS
790	790	tuberculosis, polio, malaria, and other infectious diseases 1
791	791	including neglected tropical diseases, and for assistance to 2
792	792	communities severely affected by HIV/AIDS, including 3
793	793	children infected or affected by AIDS; (6) disaster pre-4
794	794	paredness training for health crises; (7) programs to pre-5
795	795	vent, prepare for, and respond to unanticipated and 6
796	796	emerging global health threats, including zoonotic dis-7
797	797	eases; and (8) family planning/reproductive health: Pro-8
798	798	vided further, That funds appropriated under this para-9
799	799	graph may be made available for United States contribu-10
800	800	tions to The GAVI Alliance and to a multilateral vaccine 11
801	801	development partnership to support epidemic prepared-12
802	802	ness: Provided further, That none of the funds made avail-13
803	803	able in this Act nor any unobligated balances from prior 14
804	804	appropriations Acts may be made available to any organi-15
805	805	zation or program which, as determined by the President 16
806	806	of the United States, supports or participates in the man-17
807	807	agement of a program of coercive abortion or involuntary 18
808	808	sterilization: Provided further, That any determination 19
809	809	made under the previous proviso must be made not later 20
810	810	than 6 months after the date of enactment of this Act, 21
811	811	and must be accompanied by the evidence and criteria uti-22
812	812	lized to make the determination: Provided further, That 23
813	813	none of the funds made available under this Act may be 24
814	814	used to pay for the performance of abortion as a method 25 33
815	815	•S 2438 RS
816	816	of family planning or to motivate or coerce any person 1
817	817	to practice abortions: Provided further, That nothing in 2
818	818	this paragraph shall be construed to alter any existing 3
819	819	statutory prohibitions against abortion under section 104 4
820	820	of the Foreign Assistance Act of 1961: Provided further, 5
821	821	That none of the funds made available under this Act may 6
822	822	be used to lobby for or against abortion: Provided further, 7
823	823	That in order to reduce reliance on abortion in developing 8
824	824	nations, funds shall be available only to voluntary family 9
825	825	planning projects which offer, either directly or through 10
826	826	referral to, or information about access to, a broad range 11
827	827	of family planning methods and services, and that any 12
828	828	such voluntary family planning project shall meet the fol-13
829	829	lowing requirements: (1) service providers or referral 14
830	830	agents in the project shall not implement or be subject 15
831	831	to quotas, or other numerical targets, of total number of 16
832	832	births, number of family planning acceptors, or acceptors 17
833	833	of a particular method of family planning (this provision 18
834	834	shall not be construed to include the use of quantitative 19
835	835	estimates or indicators for budgeting and planning pur-20
836	836	poses); (2) the project shall not include payment of incen-21
837	837	tives, bribes, gratuities, or financial reward to: (A) an indi-22
838	838	vidual in exchange for becoming a family planning accep-23
839	839	tor; or (B) program personnel for achieving a numerical 24
840	840	target or quota of total number of births, number of fam-25 34
841	841	•S 2438 RS
842	842	ily planning acceptors, or acceptors of a particular method 1
843	843	of family planning; (3) the project shall not deny any right 2
844	844	or benefit, including the right of access to participate in 3
845	845	any program of general welfare or the right of access to 4
846	846	health care, as a consequence of any individual’s decision 5
847	847	not to accept family planning services; (4) the project shall 6
848	848	provide family planning acceptors comprehensible infor-7
849	849	mation on the health benefits and risks of the method cho-8
850	850	sen, including those conditions that might render the use 9
851	851	of the method inadvisable and those adverse side effects 10
852	852	known to be consequent to the use of the method; and 11
853	853	(5) the project shall ensure that experimental contracep-12
854	854	tive drugs and devices and medical procedures are pro-13
855	855	vided only in the context of a scientific study in which 14
856	856	participants are advised of potential risks and benefits; 15
857	857	and, not less than 60 days after the date on which the 16
858	858	USAID Administrator determines that there has been a 17
859	859	violation of the requirements contained in paragraph (1), 18
860	860	(2), (3), or (5) of this proviso, or a pattern or practice 19
861	861	of violations of the requirements contained in paragraph 20
862	862	(4) of this proviso, the Administrator shall submit to the 21
863	863	Committees on Appropriations a report containing a de-22
864	864	scription of such violation and the corrective action taken 23
865	865	by the Agency: Provided further, That in awarding grants 24
866	866	for natural family planning under section 104 of the For-25 35
867	867	•S 2438 RS
868	868	eign Assistance Act of 1961 no applicant shall be discrimi-1
869	869	nated against because of such applicant’s religious or con-2
870	870	scientious commitment to offer only natural family plan-3
871	871	ning; and, additionally, all such applicants shall comply 4
872	872	with the requirements of the previous proviso: Provided 5
873	873	further, That for purposes of this or any other Act author-6
874	874	izing or appropriating funds for the Department of State, 7
875	875	foreign operations, and related programs, the term ‘‘moti-8
876	876	vate’’, as it relates to family planning assistance, shall not 9
877	877	be construed to prohibit the provision, consistent with 10
878	878	local law, of information or counseling about all pregnancy 11
879	879	options: Provided further, That information provided about 12
880	880	the use of condoms as part of projects or activities that 13
881	881	are funded from amounts appropriated by this Act shall 14
882	882	be medically accurate and shall include the public health 15
883	883	benefits and failure rates of such use. 16
884	884	In addition, for necessary expenses to carry out the 17
885	885	provisions of the Foreign Assistance Act of 1961 for the 18
886	886	prevention, treatment, and control of, and research on, 19
887	887	HIV/AIDS, $6,045,000,000, to remain available until 20
888	888	September 30, 2028, which shall be apportioned directly 21
889	889	to the Department of State: Provided, That funds appro-22
890	890	priated under this paragraph may be made available, not-23
891	891	withstanding any other provision of law, except for the 24
892	892	United States Leadership Against HIV/AIDS, Tuber-25 36
893	893	•S 2438 RS
894	894	culosis, and Malaria Act of 2003 (Public Law 108–25), 1
895	895	for a United States contribution to the Global Fund to 2
896	896	Fight AIDS, Tuberculosis and Malaria (Global Fund): 3
897	897	Provided further, That the amount of such contribution 4
898	898	shall be $1,650,000,000: Provided further, That up to 5 5
899	899	percent of the aggregate amount of funds made available 6
900	900	to the Global Fund in fiscal year 2024 may be made avail-7
901	901	able to USAID for technical assistance related to the ac-8
902	902	tivities of the Global Fund, subject to the regular notifica-9
903	903	tion procedures of the Committees on Appropriations: Pro-10
904	904	vided further, That of the funds appropriated under this 11
905	905	paragraph, up to $22,000,000 may be made available, in 12
906	906	addition to amounts otherwise available for such purposes, 13
907	907	for administrative expenses of the Office of the United 14
908	908	States Global AIDS Coordinator. 15
909	909	DEVELOPMENT ASSISTANCE 16
910	910	For necessary expenses to carry out the provisions 17
911	911	of sections 103, 105, 106, 214, and sections 251 through 18
912	912	255, and chapter 10 of part I of the Foreign Assistance 19
913	913	Act of 1961, $3,978,608,000, to remain available until 20
914	914	September 30, 2025: Provided, That funds made available 21
915	915	under this heading shall be apportioned to the United 22
916	916	States Agency for International Development. 23 37
917	917	•S 2438 RS
918	918	INTERNATIONAL DISASTER ASSISTANCE 1
919	919	For necessary expenses to carry out the provisions 2
920	920	of section 491 of the Foreign Assistance Act of 1961 for 3
921	921	international disaster relief, rehabilitation, and recon-4
922	922	struction assistance, $4,850,000,000, to remain available 5
923	923	until expended, of which $1,091,000,000 is designated by 6
924	924	the Congress as being for an emergency requirement pur-7
925	925	suant to section 251(b)(2)(A)(i) of the Balanced Budget 8
926	926	and Emergency Deficit Control Act of 1985: Provided, 9
927	927	That funds made available under this heading shall be ap-10
928	928	portioned to the United States Agency for International 11
929	929	Development not later than 60 days after the date of en-12
930	930	actment of this Act. 13
931	931	TRANSITION INITIATIVES 14
932	932	For necessary expenses for international disaster re-15
933	933	habilitation and reconstruction assistance administered by 16
934	934	the Office of Transition Initiatives, United States Agency 17
935	935	for International Development, pursuant to section 491 of 18
936	936	the Foreign Assistance Act of 1961, and to support transi-19
937	937	tion to democracy and long-term development of countries 20
938	938	in crisis, $91,000,000, to remain available until expended: 21
939	939	Provided, That such support may include assistance to de-22
940	940	velop, strengthen, or preserve democratic institutions and 23
941	941	processes, revitalize basic infrastructure, and foster the 24
942	942	peaceful resolution of conflict: Provided further, That the 25 38
943	943	•S 2438 RS
944	944	USAID Administrator shall submit a report to the Com-1
945	945	mittees on Appropriations at least 5 days prior to begin-2
946	946	ning a new, or terminating a, program of assistance: Pro-3
947	947	vided further, That if the Secretary of State determines 4
948	948	that it is important to the national interest of the United 5
949	949	States to provide transition assistance in excess of the 6
950	950	amount appropriated under this heading, up to 7
951	951	$15,000,000 of the funds appropriated by this Act to 8
952	952	carry out the provisions of part I of the Foreign Assist-9
953	953	ance Act of 1961 may be used for purposes of this heading 10
954	954	and under the authorities applicable to funds appropriated 11
955	955	under this heading: Provided further, That funds made 12
956	956	available pursuant to the previous proviso shall be made 13
957	957	available subject to prior consultation with the Committees 14
958	958	on Appropriations. 15
959	959	COMPLEX CRISES FUND 16
960	960	For necessary expenses to carry out the provisions 17
961	961	of section 509(b) of the Global Fragility Act of 2019 (title 18
962	962	V of division J of Public Law 116–94), $60,000,000, to 19
963	963	remain available until expended: Provided, That funds ap-20
964	964	propriated under this heading may be made available not-21
965	965	withstanding any other provision of law, except sections 22
966	966	7007, 7008, and 7018 of this Act and section 620M of 23
967	967	the Foreign Assistance Act of 1961: Provided further, 24
968	968	That funds appropriated under this heading shall be ap-25 39
969	969	•S 2438 RS
970	970	portioned to the United States Agency for International 1
971	971	Development. 2
972	972	ECONOMIC SUPPORT FUND 3
973	973	For necessary expenses to carry out the provisions 4
974	974	of chapter 4 of part II of the Foreign Assistance Act of 5
975	975	1961, $4,026,612,000, to remain available until Sep-6
976	976	tember 30, 2025, of which $435,000,000 is designated by 7
977	977	the Congress as being for an emergency requirement pur-8
978	978	suant to section 251(b)(2)(A)(i) of the Balanced Budget 9
979	979	and Emergency Deficit Control Act of 1985. 10
980	980	DEMOCRACY FUND 11
981	981	For necessary expenses to carry out the provisions 12
982	982	of the Foreign Assistance Act of 1961 for the promotion 13
983	983	of democracy globally, including to carry out the purposes 14
984	984	of section 502(b)(3) and (5) of Public Law 98–164 (22 15
985	985	U.S.C. 4411), $222,450,000, to remain available until 16
986	986	September 30, 2025, which shall be made available for the 17
987	987	Human Rights and Democracy Fund of the Bureau of De-18
988	988	mocracy, Human Rights, and Labor, Department of 19
989	989	State: Provided, That funds appropriated under this head-20
990	990	ing that are made available to the National Endowment 21
991	991	for Democracy and its core institutes are in addition to 22
992	992	amounts otherwise made available by this Act for such 23
993	993	purposes: Provided further, That the Assistant Secretary 24
994	994	for Democracy, Human Rights, and Labor, Department 25 40
995	995	•S 2438 RS
996	996	of State, shall consult with the Committees on Appropria-1
997	997	tions prior to the initial obligation of funds appropriated 2
998	998	under this paragraph. 3
999	999	For an additional amount for such purposes, 4
1000	1000	$133,250,000, to remain available until September 30, 5
1001	1001	2025, which shall be made available for the Bureau for 6
1002	1002	Development, Democracy, and Innovation, United States 7
1003	1003	Agency for International Development. 8
1004	1004	ASSISTANCE FOR EUROPE , EURASIA AND CENTRAL ASIA 9
1005	1005	For necessary expenses to carry out the provisions 10
1006	1006	of the Foreign Assistance Act of 1961, the FREEDOM 11
1007	1007	Support Act (Public Law 102–511), and the Support for 12
1008	1008	Eastern European Democracy (SEED) Act of 1989 (Pub-13
1009	1009	lic Law 101–179), $850,334,000, to remain available until 14
1010	1010	September 30, 2025, which shall be available, notwith-15
1011	1011	standing any other provision of law, except section 7047 16
1012	1012	of this Act, for assistance and related programs for coun-17
1013	1013	tries identified in section 3 of the FREEDOM Support 18
1014	1014	Act (22 U.S.C. 5801) and section 3(c) of the SEED Act 19
1015	1015	of 1989 (22 U.S.C. 5402), in addition to funds otherwise 20
1016	1016	available for such purposes, of which $350,000,000 is des-21
1017	1017	ignated by the Congress as being for an emergency re-22
1018	1018	quirement pursuant to section 251(b)(2)(A)(i) of the Bal-23
1019	1019	anced Budget and Emergency Deficit Control Act of 1985: 24
1020	1020	Provided, That funds appropriated by this Act under the 25 41
1021	1021	•S 2438 RS
1022	1022	headings ‘‘Global Health Programs’’, ‘‘Economic Support 1
1023	1023	Fund’’, and ‘‘International Narcotics Control and Law 2
1024	1024	Enforcement’’ that are made available for assistance for 3
1025	1025	such countries shall be administered in accordance with 4
1026	1026	the responsibilities of the coordinator designated pursuant 5
1027	1027	to section 102 of the FREEDOM Support Act and section 6
1028	1028	601 of the SEED Act of 1989: Provided further, That 7
1029	1029	funds appropriated under this heading shall be considered 8
1030	1030	to be economic assistance under the Foreign Assistance 9
1031	1031	Act of 1961 for purposes of making available the adminis-10
1032	1032	trative authorities contained in that Act for the use of eco-11
1033	1033	nomic assistance: Provided further, That funds appro-12
1034	1034	priated under this heading may be made available for con-13
1035	1035	tributions to multilateral initiatives to counter hybrid 14
1036	1036	threats: Provided further, That of the funds appropriated 15
1037	1037	under this heading, not less than $2,000,000 shall be 16
1038	1038	made available for a four year scholarship program for 17
1039	1039	Ukrainian students at senior military colleges as described 18
1040	1040	under this heading in the report accompanying this Act, 19
1041	1041	following consultation with the Committees on Appropria-20
1042	1042	tions. 21
1043	1043	D
1044	1044	EPARTMENT OFSTATE 22
1045	1045	MIGRATION AND REFUGEE ASSISTANCE 23
1046	1046	For necessary expenses not otherwise provided for, 24
1047	1047	to enable the Secretary of State to carry out the provisions 25 42
1048	1048	•S 2438 RS
1049	1049	of section 2(a) and (b) of the Migration and Refugee As-1
1050	1050	sistance Act of 1962 (22 U.S.C. 2601), and other activi-2
1051	1051	ties to meet refugee and migration needs; salaries and ex-3
1052	1052	penses of personnel and dependents as authorized by the 4
1053	1053	Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.); 5
1054	1054	allowances as authorized by sections 5921 through 5925 6
1055	1055	of title 5, United States Code; purchase and hire of pas-7
1056	1056	senger motor vehicles; and services as authorized by sec-8
1057	1057	tion 3109 of title 5, United States Code, $4,211,188,000, 9
1058	1058	to remain available until expended, of which 10
1059	1059	$1,374,000,000 is designated by the Congress as being for 11
1060	1060	an emergency requirement pursuant to section 12
1061	1061	251(b)(2)(A)(i) of the Balanced Budget and Emergency 13
1062	1062	Deficit Control Act of 1985: Provided, That of the funds 14
1063	1063	appropriated under this heading, $5,000,000 shall be 15
1064	1064	made available for refugees resettling in Israel. 16
1065	1065	UNITED STATES EMERGENCY REFUGEE AND MIGRATION 17
1066	1066	ASSISTANCE FUND 18
1067	1067	For necessary expenses to carry out the provisions 19
1068	1068	of section 2(c) of the Migration and Refugee Assistance 20
1069	1069	Act of 1962 (22 U.S.C. 2601(c)), $100,000, to remain 21
1070	1070	available until expended: Provided, That amounts in excess 22
1071	1071	of the limitation contained in paragraph (2) of such sec-23
1072	1072	tion shall be transferred to, and merged with, funds made 24 43
1073	1073	•S 2438 RS
1074	1074	available by this Act under the heading ‘‘Migration and 1
1075	1075	Refugee Assistance’’. 2
1076	1076	I
1077	1077	NDEPENDENT AGENCIES 3
1078	1078	PEACE CORPS 4
1079	1079	(INCLUDING TRANSFER OF FUNDS) 5
1080	1080	For necessary expenses to carry out the provisions 6
1081	1081	of the Peace Corps Act (22 U.S.C. 2501 et seq.), including 7
1082	1082	the purchase of not to exceed five passenger motor vehicles 8
1083	1083	for administrative purposes for use outside of the United 9
1084	1084	States, $448,500,000, of which $7,300,000 is for the Of-10
1085	1085	fice of Inspector General, to remain available until Sep-11
1086	1086	tember 30, 2025: Provided, That the Director of the Peace 12
1087	1087	Corps may transfer to the Foreign Currency Fluctuations 13
1088	1088	Account, as authorized by section 16 of the Peace Corps 14
1089	1089	Act (22 U.S.C. 2515), an amount not to exceed 15
1090	1090	$5,000,000: Provided further, That funds transferred pur-16
1091	1091	suant to the previous proviso may not be derived from 17
1092	1092	amounts made available for Peace Corps overseas oper-18
1093	1093	ations: Provided further, That of the funds appropriated 19
1094	1094	under this heading, not to exceed $104,000 may be avail-20
1095	1095	able for representation expenses, of which not to exceed 21
1096	1096	$4,000 may be made available for entertainment expenses: 22
1097	1097	Provided further, That in addition to the requirements 23
1098	1098	under section 7015(a) of this Act, the Peace Corps shall 24
1099	1099	consult with the Committees on Appropriations prior to 25 44
1100	1100	•S 2438 RS
1101	1101	any decision to open, close, or suspend a domestic or over-1
1102	1102	seas office or a country program unless there is a substan-2
1103	1103	tial risk to volunteers or other Peace Corps personnel: Pro-3
1104	1104	vided further, That none of the funds appropriated under 4
1105	1105	this heading shall be used to pay for abortions: Provided 5
1106	1106	further, That notwithstanding the previous proviso, section 6
1107	1107	614 of division E of Public Law 113–76 shall apply to 7
1108	1108	funds appropriated under this heading. 8
1109	1109	MILLENNIUM CHALLENGE CORPORATION 9
1110	1110	For necessary expenses to carry out the provisions 10
1111	1111	of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 11
1112	1112	et seq.) (MCA), $930,000,000, to remain available until 12
1113	1113	expended: Provided, That section 605(e) of the MCA (22 13
1114	1114	U.S.C. 7704(e)) shall apply to funds appropriated under 14
1115	1115	this heading: Provided further, That funds appropriated 15
1116	1116	under this heading may be made available for a Millen-16
1117	1117	nium Challenge Compact entered into pursuant to section 17
1118	1118	609 of the MCA (22 U.S.C. 7708) only if such Compact 18
1119	1119	obligates, or contains a commitment to obligate subject to 19
1120	1120	the availability of funds and the mutual agreement of the 20
1121	1121	parties to the Compact to proceed, the entire amount of 21
1122	1122	the United States Government funding anticipated for the 22
1123	1123	duration of the Compact: Provided further, That of the 23
1124	1124	funds appropriated under this heading, not to exceed 24
1125	1125	$100,000 may be available for representation and enter-25 45
1126	1126	•S 2438 RS
1127	1127	tainment expenses, of which not to exceed $5,000 may be 1
1128	1128	available for entertainment expenses. 2
1129	1129	INTER-AMERICAN FOUNDATION 3
1130	1130	For necessary expenses to carry out the functions of 4
1131	1131	the Inter-American Foundation in accordance with the 5
1132	1132	provisions of section 401 of the Foreign Assistance Act 6
1133	1133	of 1969, $52,000,000, to remain available until September 7
1134	1134	30, 2025: Provided, That of the funds appropriated under 8
1135	1135	this heading, not to exceed $2,000 may be available for 9
1136	1136	representation expenses. 10
1137	1137	UNITED STATES AFRICAN DEVELOPMENT FOUNDATION 11
1138	1138	For necessary expenses to carry out the African De-12
1139	1139	velopment Foundation Act (title V of Public Law 96–533; 13
1140	1140	22 U.S.C. 290h et seq.), $46,000,000, to remain available 14
1141	1141	until September 30, 2025, of which not to exceed $2,000 15
1142	1142	may be available for representation expenses: Provided, 16
1143	1143	That funds made available to grantees may be invested 17
1144	1144	pending expenditure for project purposes when authorized 18
1145	1145	by the Board of Directors of the United States African 19
1146	1146	Development Foundation (USADF): Provided further, 20
1147	1147	That interest earned shall be used only for the purposes 21
1148	1148	for which the grant was made: Provided further, That not-22
1149	1149	withstanding section 505(a)(2) of the African Develop-23
1150	1150	ment Foundation Act (22 U.S.C. 290h–3(a)(2)), in excep-24
1151	1151	tional circumstances the Board of Directors of the 25 46
1152	1152	•S 2438 RS
1153	1153	USADF may waive the $250,000 limitation contained in 1
1154	1154	that section with respect to a project and a project may 2
1155	1155	exceed the limitation by up to 10 percent if the increase 3
1156	1156	is due solely to foreign currency fluctuation: Provided fur-4
1157	1157	ther, That the USADF shall submit a report to the appro-5
1158	1158	priate congressional committees after each time such waiv-6
1159	1159	er authority is exercised: Provided further, That the 7
1160	1160	USADF may make rent or lease payments in advance 8
1161	1161	from appropriations available for such purpose for offices, 9
1162	1162	buildings, grounds, and quarters in Africa as may be nec-10
1163	1163	essary to carry out its functions: Provided further, That 11
1164	1164	the USADF may maintain bank accounts outside the 12
1165	1165	United States Treasury and retain any interest earned on 13
1166	1166	such accounts, in furtherance of the purposes of the Afri-14
1167	1167	can Development Foundation Act: Provided further, That 15
1168	1168	the USADF may not withdraw any appropriation from the 16
1169	1169	Treasury prior to the need of spending such funds for pro-17
1170	1170	gram purposes. 18
1171	1171	D
1172	1172	EPARTMENT OF THE TREASURY 19
1173	1173	INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE 20
1174	1174	For necessary expenses to carry out the provisions 21
1175	1175	of section 129 of the Foreign Assistance Act of 1961, 22
1176	1176	$38,000,000, to remain available until expended: Pro-23
1177	1177	vided, That amounts made available under this heading 24
1178	1178	may be made available to contract for services as described 25 47
1179	1179	•S 2438 RS
1180	1180	in section 129(d)(3)(A) of the Foreign Assistance Act of 1
1181	1181	1961, without regard to the location in which such services 2
1182	1182	are performed. 3
1183	1183	DEBT RESTRUCTURING 4
1184	1184	For ‘‘Bilateral Economic Assistance—Department of 5
1185	1185	the Treasury—Debt Restructuring’’ there is appropriated 6
1186	1186	$52,000,000, to remain available until September 30, 7
1187	1187	2027, for the costs, as defined in section 502 of the Con-8
1188	1188	gressional Budget Act of 1974, of modifying loans and 9
1189	1189	loan guarantees for, or credits extended to, such countries 10
1190	1190	as the President may determine, including the costs of 11
1191	1191	selling, reducing, or canceling amounts owed to the United 12
1192	1192	States pursuant to multilateral debt restructurings, in-13
1193	1193	cluding Paris Club debt restructurings and the ‘‘Common 14
1194	1194	Framework for Debt Treatments beyond the Debt Service 15
1195	1195	Suspension Initiative’’: Provided, That such amounts may 16
1196	1196	be used notwithstanding any other provision of law. 17
1197	1197	TROPICAL FOREST AND CORAL REEF CONSERVATION 18
1198	1198	For the costs, as defined in section 502 of the Con-19
1199	1199	gressional Budget Act of 1974, of modifying loans and 20
1200	1200	loan guarantees, as the President may determine, for 21
1201	1201	which funds have been appropriated or otherwise made 22
1202	1202	available for programs within the International Affairs 23
1203	1203	Budget Function 150, including the costs of selling, reduc-24
1204	1204	ing, or canceling amounts owed to the United States as 25 48
1205	1205	•S 2438 RS
1206	1206	a result of concessional loans made to eligible countries 1
1207	1207	pursuant to part V of the Foreign Assistance Act of 1961, 2
1208	1208	$15,000,000, to remain available until September 30, 3
1209	1209	2027. 4 49
1210	1210	•S 2438 RS
1211	1211	TITLE IV 1
1212	1212	INTERNATIONAL SECURITY ASSISTANCE 2
1213	1213	D
1214	1214	EPARTMENT OFSTATE 3
1215	1215	INTERNATIONAL NARCOTICS CONTROL AND LAW 4
1216	1216	ENFORCEMENT 5
1217	1217	For necessary expenses to carry out section 481 of 6
1218	1218	the Foreign Assistance Act of 1961, $1,466,000,000, to 7
1219	1219	remain available until September 30, 2025: Provided, 8
1220	1220	That the Department of State may use the authority of 9
1221	1221	section 608 of the Foreign Assistance Act of 1961, with-10
1222	1222	out regard to its restrictions, to receive excess property 11
1223	1223	from an agency of the United States Government for the 12
1224	1224	purpose of providing such property to a foreign country 13
1225	1225	or international organization under chapter 8 of part I of 14
1226	1226	such Act, subject to the regular notification procedures of 15
1227	1227	the Committees on Appropriations: Provided further, That 16
1228	1228	section 482(b) of the Foreign Assistance Act of 1961 shall 17
1229	1229	not apply to funds appropriated under this heading, except 18
1230	1230	that any funds made available notwithstanding such sec-19
1231	1231	tion shall be subject to the regular notification procedures 20
1232	1232	of the Committees on Appropriations: Provided further, 21
1233	1233	That funds appropriated under this heading shall be made 22
1234	1234	available to support training and technical assistance for 23
1235	1235	foreign law enforcement, corrections, judges, and other ju-24
1236	1236	dicial authorities, utilizing regional partners: Provided fur-25 50
1237	1237	•S 2438 RS
1238	1238	ther, That funds made available under this heading that 1
1239	1239	are transferred to another department, agency, or instru-2
1240	1240	mentality of the United States Government pursuant to 3
1241	1241	section 632(b) of the Foreign Assistance Act of 1961 val-4
1242	1242	ued in excess of $5,000,000, and any agreement made 5
1243	1243	pursuant to section 632(a) of such Act, shall be subject 6
1244	1244	to the regular notification procedures of the Committees 7
1245	1245	on Appropriations: Provided further, That funds made 8
1246	1246	available under this heading for Program Development 9
1247	1247	and Support may be made available notwithstanding pre- 10
1248	1248	obligation requirements contained in this Act, except for 11
1249	1249	the notification requirements of section 7015. 12
1250	1250	NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND 13
1251	1251	RELATED PROGRAMS 14
1252	1252	For necessary expenses for nonproliferation, anti-ter-15
1253	1253	rorism, demining and related programs and activities, 16
1254	1254	$921,000,000, to remain available until September 30, 17
1255	1255	2025, to carry out the provisions of chapter 8 of part II 18
1256	1256	of the Foreign Assistance Act of 1961 for anti-terrorism 19
1257	1257	assistance, chapter 9 of part II of the Foreign Assistance 20
1258	1258	Act of 1961, section 504 of the FREEDOM Support Act 21
1259	1259	(22 U.S.C. 5854), section 23 of the Arms Export Control 22
1260	1260	Act (22 U.S.C. 2763), or the Foreign Assistance Act of 23
1261	1261	1961 for demining activities, the clearance of unexploded 24
1262	1262	ordnance, the destruction of small arms, and related ac-25 51
1263	1263	•S 2438 RS
1264	1264	tivities, notwithstanding any other provision of law, includ-1
1265	1265	ing activities implemented through nongovernmental and 2
1266	1266	international organizations, and section 301 of the For-3
1267	1267	eign Assistance Act of 1961 for a United States contribu-4
1268	1268	tion to the Comprehensive Nuclear Test Ban Treaty Pre-5
1269	1269	paratory Commission, and for a voluntary contribution to 6
1270	1270	the International Atomic Energy Agency (IAEA): Pro-7
1271	1271	vided, That funds made available under this heading for 8
1272	1272	the Nonproliferation and Disarmament Fund shall be 9
1273	1273	made available, notwithstanding any other provision of law 10
1274	1274	and subject to prior consultation with, and the regular no-11
1275	1275	tification procedures of, the Committees on Appropria-12
1276	1276	tions, to promote bilateral and multilateral activities relat-13
1277	1277	ing to nonproliferation, disarmament, and weapons de-14
1278	1278	struction, and shall remain available until expended: Pro-15
1279	1279	vided further, That such funds may also be used for such 16
1280	1280	countries other than the Independent States of the former 17
1281	1281	Soviet Union and international organizations when it is 18
1282	1282	in the national security interest of the United States to 19
1283	1283	do so: Provided further, That funds appropriated under 20
1284	1284	this heading may be made available for the IAEA unless 21
1285	1285	the Secretary of State determines that Israel is being de-22
1286	1286	nied its right to participate in the activities of that Agen-23
1287	1287	cy: Provided further, That funds made available for con-24
1288	1288	ventional weapons destruction programs, including 25 52
1289	1289	•S 2438 RS
1290	1290	demining and related activities, in addition to funds other-1
1291	1291	wise available for such purposes, may be used for adminis-2
1292	1292	trative expenses related to the operation and management 3
1293	1293	of such programs and activities, subject to the regular no-4
1294	1294	tification procedures of the Committees on Appropria-5
1295	1295	tions. 6
1296	1296	PEACEKEEPING OPERATIONS 7
1297	1297	For necessary expenses to carry out the provisions 8
1298	1298	of section 551 of the Foreign Assistance Act of 1961, 9
1299	1299	$415,458,000, of which $207,729,000 may remain avail-10
1300	1300	able until September 30, 2025: Provided, That funds ap-11
1301	1301	propriated under this heading may be used, notwith-12
1302	1302	standing section 660 of the Foreign Assistance Act of 13
1303	1303	1961, to provide assistance to enhance the capacity of for-14
1304	1304	eign civilian security forces, including gendarmes, to par-15
1305	1305	ticipate in peacekeeping operations: Provided further, That 16
1306	1306	of the funds appropriated under this heading, not less 17
1307	1307	than $34,000,000 shall be made available for a United 18
1308	1308	States contribution to the Multinational Force and Ob-19
1309	1309	servers mission in the Sinai: Provided further, That funds 20
1310	1310	appropriated under this heading may be made available 21
1311	1311	to pay assessed expenses of international peacekeeping ac-22
1312	1312	tivities in Somalia under the same terms and conditions, 23
1313	1313	as applicable, as funds appropriated by this Act under the 24
1314	1314	heading ‘‘Contributions for International Peacekeeping 25 53
1315	1315	•S 2438 RS
1316	1316	Activities’’: Provided further, That funds appropriated 1
1317	1317	under this heading shall be subject to the regular notifica-2
1318	1318	tion procedures of the Committees on Appropriations. 3
1319	1319	F
1320	1320	UNDSAPPROPRIATED TO THE PRESIDENT 4
1321	1321	INTERNATIONAL MILITARY EDUCATION AND TRAINING 5
1322	1322	For necessary expenses to carry out the provisions 6
1323	1323	of section 541 of the Foreign Assistance Act of 1961, 7
1324	1324	$125,425,000, to remain available until September 30, 8
1325	1325	2025: Provided, That the civilian personnel for whom mili-9
1326	1326	tary education and training may be provided under this 10
1327	1327	heading may include civilians who are not members of a 11
1328	1328	government whose participation would contribute to im-12
1329	1329	proved civil-military relations, civilian control of the mili-13
1330	1330	tary, or respect for human rights: Provided further, That 14
1331	1331	of the funds appropriated under this heading, $3,000,000 15
1332	1332	shall remain available until expended to increase the par-16
1333	1333	ticipation of women in programs and activities funded 17
1334	1334	under this heading, following consultation with the Com-18
1335	1335	mittees on Appropriations: Provided further, That of the 19
1336	1336	funds appropriated under this heading, not to exceed 20
1337	1337	$50,000 may be available for entertainment expenses. 21
1338	1338	FOREIGN MILITARY FINANCING PROGRAM 22
1339	1339	For necessary expenses for grants to enable the 23
1340	1340	President to carry out the provisions of section 23 of the 24
1341	1341	Arms Export Control Act (22 U.S.C. 2763), 25 54
1342	1342	•S 2438 RS
1343	1343	$5,893,049,000: Provided, That to expedite the provision 1
1344	1344	of assistance to foreign countries and international organi-2
1345	1345	zations, the Secretary of State, following consultation with 3
1346	1346	the Committees on Appropriations and subject to the reg-4
1347	1347	ular notification procedures of such Committees, may use 5
1348	1348	the funds appropriated under this heading to procure de-6
1349	1349	fense articles and services to enhance the capacity of for-7
1350	1350	eign security forces: Provided further, That funds appro-8
1351	1351	priated or otherwise made available under this heading 9
1352	1352	shall be nonrepayable notwithstanding any requirement in 10
1353	1353	section 23 of the Arms Export Control Act: Provided fur-11
1354	1354	ther, That funds made available under this heading shall 12
1355	1355	be obligated upon apportionment in accordance with para-13
1356	1356	graph (5)(C) of section 1501(a) of title 31, United States 14
1357	1357	Code. 15
1358	1358	None of the funds made available under this heading 16
1359	1359	shall be available to finance the procurement of defense 17
1360	1360	articles, defense services, or design and construction serv-18
1361	1361	ices that are not sold by the United States Government 19
1362	1362	under the Arms Export Control Act unless the foreign 20
1363	1363	country proposing to make such procurement has first 21
1364	1364	signed an agreement with the United States Government 22
1365	1365	specifying the conditions under which such procurement 23
1366	1366	may be financed with such funds: Provided, That all coun-24
1367	1367	try and funding level increases in allocations shall be sub-25 55
1368	1368	•S 2438 RS
1369	1369	mitted through the regular notification procedures of sec-1
1370	1370	tion 7015 of this Act: Provided further, That funds made 2
1371	1371	available under this heading may be used, notwithstanding 3
1372	1372	any other provision of law, for demining, the clearance of 4
1373	1373	unexploded ordnance, and related activities, and may in-5
1374	1374	clude activities implemented through nongovernmental 6
1375	1375	and international organizations: Provided further, That a 7
1376	1376	country that is a member of the North Atlantic Treaty 8
1377	1377	Organization (NATO) or is a major non-NATO ally des-9
1378	1378	ignated by section 517(b) of the Foreign Assistance Act 10
1379	1379	of 1961 may utilize funds made available under this head-11
1380	1380	ing for procurement of defense articles, defense services, 12
1381	1381	or design and construction services that are not sold by 13
1382	1382	the United States Government under the Arms Export 14
1383	1383	Control Act: Provided further, That funds appropriated 15
1384	1384	under this heading shall be expended at the minimum rate 16
1385	1385	necessary to make timely payment for defense articles and 17
1386	1386	services: Provided further, That not more than 18
1387	1387	$77,000,000 of the funds appropriated under this heading 19
1388	1388	may be obligated for necessary expenses, including the 20
1389	1389	purchase of passenger motor vehicles for replacement only 21
1390	1390	for use outside of the United States, for the general costs 22
1391	1391	of administering military assistance and sales, except that 23
1392	1392	this limitation may be exceeded only through the regular 24
1393	1393	notification procedures of the Committees on Appropria-25 56
1394	1394	•S 2438 RS
1395	1395	tions: Provided further, That of the funds made available 1
1396	1396	under this heading for general costs of administering mili-2
1397	1397	tary assistance and sales, up to $5,000,000, in addition 3
1398	1398	to funds otherwise available for such purposes, may be 4
1399	1399	used by the Department of State for expenses related to 5
1400	1400	the management and oversight of such programs and ac-6
1401	1401	tivities, subject to the regular notification procedures of 7
1402	1402	the Committees on Appropriations: Provided further, That 8
1403	1403	of the funds made available under this heading for general 9
1404	1404	costs of administering military assistance and sales, not 10
1405	1405	to exceed $4,000 may be available for entertainment ex-11
1406	1406	penses and not to exceed $130,000 may be available for 12
1407	1407	representation expenses: Provided further, That not more 13
1408	1408	than $1,541,392,546 of funds realized pursuant to section 14
1409	1409	21(e)(1)(A) of the Arms Export Control Act (22 U.S.C. 15
1410	1410	2761(e)(1)(A)) may be obligated for expenses incurred by 16
1411	1411	the Department of Defense during fiscal year 2024 pursu-17
1412	1412	ant to section 43(b) of the Arms Export Control Act (22 18
1413	1413	U.S.C. 2792(b)), except that this limitation may be ex-19
1414	1414	ceeded only through the regular notification procedures of 20
1415	1415	the Committees on Appropriations. 21 57
1416	1416	•S 2438 RS
1417	1417	TITLE V 1
1418	1418	MULTILATERAL ASSISTANCE 2
1419	1419	F
1420	1420	UNDSAPPROPRIATED TO THE PRESIDENT 3
1421	1421	INTERNATIONAL ORGANIZATIONS AND PROGRAMS 4
1422	1422	For necessary expenses to carry out the provisions 5
1423	1423	of section 301 of the Foreign Assistance Act of 1961, 6
1424	1424	$468,450,000: Provided, That section 307(a) of the For-7
1425	1425	eign Assistance Act of 1961 shall not apply to contribu-8
1426	1426	tions to the United Nations Democracy Fund: Provided 9
1427	1427	further, That not later than 60 days after the date of en-10
1428	1428	actment of this Act, such funds shall be made available 11
1429	1429	for core contributions for each entity listed in the table 12
1430	1430	under this heading in the report accompanying this Act 13
1431	1431	unless otherwise provided for in this Act, or if the Sec-14
1432	1432	retary of State has justified to the Committees on Appro-15
1433	1433	priations the proposed uses of funds other than for core 16
1434	1434	contributions following prior consultation with, and sub-17
1435	1435	ject to the regular notification procedures of, such Com-18
1436	1436	mittees. 19
1437	1437	I
1438	1438	NTERNATIONALFINANCIALINSTITUTIONS 20
1439	1439	GLOBAL ENVIRONMENT FACILITY 21
1440	1440	For payment to the International Bank for Recon-22
1441	1441	struction and Development as trustee for the Global Envi-23
1442	1442	ronment Facility by the Secretary of the Treasury, 24
1443	1443	$150,200,000, to remain available until expended. 25 58
1444	1444	•S 2438 RS
1445	1445	CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND 1
1446	1446	For contribution to the Clean Technology Fund, 2
1447	1447	$150,000,000, to remain available until expended: Pro-3
1448	1448	vided, That up to $150,000,000 of such amount shall be 4
1449	1449	available to cover costs, as defined in section 502 of the 5
1450	1450	Congressional Budget Act of 1974, of direct loans issued 6
1451	1451	to the Clean Technology Fund: Provided further, That 7
1452	1452	such funds are available to subsidize gross obligations for 8
1453	1453	the principal amount of direct loans without limitation. 9
1454	1454	CONTRIBUTION TO THE INTERNATIONAL BANK FOR 10
1455	1455	RECONSTRUCTION AND DEVELOPMENT 11
1456	1456	For payment to the International Bank for Recon-12
1457	1457	struction and Development by the Secretary of the Treas-13
1458	1458	ury for the United States share of the paid-in portion of 14
1459	1459	the increases in capital stock, $206,500,000, to remain 15
1460	1460	available until expended. 16
1461	1461	LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 17
1462	1462	The United States Governor of the International 18
1463	1463	Bank for Reconstruction and Development may subscribe 19
1464	1464	without fiscal year limitation to the callable capital portion 20
1465	1465	of the United States share of increases in capital stock 21
1466	1466	in an amount not to exceed $1,421,275,728.70. 22 59
1467	1467	•S 2438 RS
1468	1468	CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT 1
1469	1469	ASSOCIATION 2
1470	1470	For payment to the International Development Asso-3
1471	1471	ciation by the Secretary of the Treasury, $1,430,256,000, 4
1472	1472	to remain available until expended. 5
1473	1473	CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND 6
1474	1474	For payment to the Asian Development Bank’s Asian 7
1475	1475	Development Fund by the Secretary of the Treasury, 8
1476	1476	$87,220,000, to remain available until expended. 9
1477	1477	CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK 10
1478	1478	For payment to the African Development Bank by 11
1479	1479	the Secretary of the Treasury for the United States share 12
1480	1480	of the paid-in portion of the increases in capital stock, 13
1481	1481	$54,648,752, to remain available until expended. 14
1482	1482	LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 15
1483	1483	The United States Governor of the African Develop-16
1484	1484	ment Bank may subscribe without fiscal year limitation 17
1485	1485	to the callable capital portion of the United States share 18
1486	1486	of increases in capital stock in an amount not to exceed 19
1487	1487	$856,174,624. 20
1488	1488	CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND 21
1489	1489	For payment to the African Development Fund by 22
1490	1490	the Secretary of the Treasury, $197,000,000, to remain 23
1491	1491	available until expended. 24 60
1492	1492	•S 2438 RS
1493	1493	CONTRIBUTION TO THE INTERNATIONAL FUND FOR 1
1494	1494	AGRICULTURAL DEVELOPMENT 2
1495	1495	For payment to the International Fund for Agricul-3
1496	1496	tural Development by the Secretary of the Treasury, 4
1497	1497	$43,000,000, to remain available until expended. 5
1498	1498	GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM 6
1499	1499	For payment to the Global Agriculture and Food Se-7
1500	1500	curity Program by the Secretary of the Treasury, 8
1501	1501	$20,000,000, to remain available until expended. 9
1502	1502	TREASURY INTERNATIONAL ASSISTANCE PROGRAMS 10
1503	1503	For contributions by the Secretary of the Treasury 11
1504	1504	to international financial institutions and trust funds ad-12
1505	1505	ministered by such institutions, in addition to amounts 13
1506	1506	otherwise available for such purposes, $200,000,000, to 14
1507	1507	remain available until expended: Provided, That of the 15
1508	1508	amount made available under this heading, up to 16
1509	1509	$110,800,000 may be available for the costs, as defined 17
1510	1510	in section 502 of the Congressional Budget Act of 1974, 18
1511	1511	of loan guarantees to the International Bank for Recon-19
1512	1512	struction and Development and the Asian Development 20
1513	1513	Bank: Provided further, That funds made available in this 21
1514	1514	Act or prior Acts making appropriations for the Depart-22
1515	1515	ment of State, foreign operations, and related programs 23
1516	1516	under the heading ‘‘Contributions to International Mone-24
1517	1517	tary Fund Facilities and Trust Funds’’ shall be available 25 61
1518	1518	•S 2438 RS
1519	1519	to cover the cost, as defined in section 502 of the Congres-1
1520	1520	sional Budget Act of 1974, of loans to the Poverty Reduc-2
1521	1521	tion and Growth Trust of the International Monetary 3
1522	1522	Fund, which shall be available to subsidize gross obliga-4
1523	1523	tions for the principal amount of direct loans not to exceed 5
1524	1524	$21,000,000,000 in the aggregate: Provided further, That 6
1525	1525	funds made available under this heading may be trans-7
1526	1526	ferred to, and merged with, funds provided under the 8
1527	1527	headings ‘‘Department of the Treasury, International Af-9
1528	1528	fairs Technical Assistance’’ and ‘‘Department of the 10
1529	1529	Treasury, Debt Restructuring’’ in title III of this Act: Pro-11
1530	1530	vided further, That such transfer authority is in addition 12
1531	1531	to any transfer authority otherwise available in this Act 13
1532	1532	and under any other provision of law: Provided further, 14
1533	1533	That funds may be made available for the United States’ 15
1534	1534	share of an increase in the capital stock of the Inter-Amer-16
1535	1535	ican Investment Corporation, if authorized, subject to the 17
1536	1536	certification requirement described under this heading in 18
1537	1537	the report accompanying this Act: Provided further, That 19
1538	1538	funds made available under this heading, including funds 20
1539	1539	transferred pursuant to the third proviso, shall be subject 21
1540	1540	to prior consultation with, and the regular notification 22
1541	1541	procedures of, the Committees on Appropriations. 23 62
1542	1542	•S 2438 RS
1543	1543	TITLE VI 1
1544	1544	EXPORT AND INVESTMENT ASSISTANCE 2
1545	1545	E
1546	1546	XPORT-IMPORTBANK OF THEUNITEDSTATES 3
1547	1547	INSPECTOR GENERAL 4
1548	1548	For necessary expenses of the Office of Inspector 5
1549	1549	General in carrying out the provisions of the Inspector 6
1550	1550	General Act of 1978 (5 U.S.C. App.), $8,860,000, of 7
1551	1551	which up to $1,329,000 may remain available until Sep-8
1552	1552	tember 30, 2025. 9
1553	1553	PROGRAM ACCOUNT 10
1554	1554	The Export-Import Bank of the United States is au-11
1555	1555	thorized to make such expenditures within the limits of 12
1556	1556	funds and borrowing authority available to such corpora-13
1557	1557	tion, and in accordance with law, and to make such con-14
1558	1558	tracts and commitments without regard to fiscal year limi-15
1559	1559	tations, as provided by section 9104 of title 31, United 16
1560	1560	States Code, as may be necessary in carrying out the pro-17
1561	1561	gram for the current fiscal year for such corporation: Pro-18
1562	1562	vided, That none of the funds available during the current 19
1563	1563	fiscal year may be used to make expenditures, contracts, 20
1564	1564	or commitments for the export of nuclear equipment, fuel, 21
1565	1565	or technology to any country, other than a nuclear-weapon 22
1566	1566	state as defined in Article IX of the Treaty on the Non- 23
1567	1567	Proliferation of Nuclear Weapons eligible to receive eco-24
1568	1568	nomic or military assistance under this Act, that has deto-25 63
1569	1569	•S 2438 RS
1570	1570	nated a nuclear explosive after the date of enactment of 1
1571	1571	this Act. 2
1572	1572	ADMINISTRATIVE EXPENSES 3
1573	1573	For administrative expenses to carry out the direct 4
1574	1574	and guaranteed loan and insurance programs, including 5
1575	1575	hire of passenger motor vehicles and services as authorized 6
1576	1576	by section 3109 of title 5, United States Code, and not 7
1577	1577	to exceed $30,000 for official reception and representation 8
1578	1578	expenses for members of the Board of Directors, not to 9
1579	1579	exceed $129,000,000, of which up to $19,350,000 may re-10
1580	1580	main available until September 30, 2025: Provided, That 11
1581	1581	the Export-Import Bank (the Bank) may accept, and use, 12
1582	1582	payment or services provided by transaction participants 13
1583	1583	for legal, financial, or technical services in connection with 14
1584	1584	any transaction for which an application for a loan, guar-15
1585	1585	antee or insurance commitment has been made: Provided 16
1586	1586	further, That notwithstanding subsection (b) of section 17
1587	1587	117 of the Export Enhancement Act of 1992, subsection 18
1588	1588	(a) of such section shall remain in effect until September 19
1589	1589	30, 2024: Provided further, That the Bank shall charge 20
1590	1590	fees for necessary expenses (including special services per-21
1591	1591	formed on a contract or fee basis, but not including other 22
1592	1592	personal services) in connection with the collection of mon-23
1593	1593	eys owed the Bank, repossession or sale of pledged collat-24
1594	1594	eral or other assets acquired by the Bank in satisfaction 25 64
1595	1595	•S 2438 RS
1596	1596	of moneys owed the Bank, or the investigation or appraisal 1
1597	1597	of any property, or the evaluation of the legal, financial, 2
1598	1598	or technical aspects of any transaction for which an appli-3
1599	1599	cation for a loan, guarantee or insurance commitment has 4
1600	1600	been made, or systems infrastructure directly supporting 5
1601	1601	transactions: Provided further, That in addition to other 6
1602	1602	funds appropriated for administrative expenses, such fees 7
1603	1603	shall be credited to this account for such purposes, to re-8
1604	1604	main available until expended. 9
1605	1605	PROGRAM BUDGET APPROPRIATIONS 10
1606	1606	For the cost of direct loans, loan guarantees, insur-11
1607	1607	ance, and tied-aid grants as authorized by section 10 of 12
1608	1608	the Export-Import Bank Act of 1945, as amended, not 13
1609	1609	to exceed $25,000,000, to remain available until Sep-14
1610	1610	tember 30, 2027: Provided, That such costs, including the 15
1611	1611	cost of modifying such loans, shall be as defined in section 16
1612	1612	502 of the Congressional Budget Act of 1974: Provided 17
1613	1613	further, That such funds shall remain available until Sep-18
1614	1614	tember 30, 2039, for the disbursement of direct loans, 19
1615	1615	loan guarantees, insurance and tied-aid grants obligated 20
1616	1616	in fiscal years 2024 through 2027. 21
1617	1617	RECEIPTS COLLECTED 22
1618	1618	Receipts collected pursuant to the Export-Import 23
1619	1619	Bank Act of 1945 (Public Law 79–173) and the Federal 24
1620	1620	Credit Reform Act of 1990, in an amount not to exceed 25 65
1621	1621	•S 2438 RS
1622	1622	the amount appropriated herein, shall be credited as off-1
1623	1623	setting collections to this account: Provided, That the 2
1624	1624	sums herein appropriated from the General Fund shall be 3
1625	1625	reduced on a dollar-for-dollar basis by such offsetting col-4
1626	1626	lections so as to result in a final fiscal year appropriation 5
1627	1627	from the General Fund estimated at $0. 6
1628	1628	U
1629	1629	NITEDSTATESINTERNATIONALDEVELOPMENT 7
1630	1630	F
1631	1631	INANCECORPORATION 8
1632	1632	INSPECTOR GENERAL 9
1633	1633	For necessary expenses of the Office of Inspector 10
1634	1634	General in carrying out the provisions of the Inspector 11
1635	1635	General Act of 1978 (5 U.S.C. App.), $7,200,000, to re-12
1636	1636	main available until September 30, 2025. 13
1637	1637	CORPORATE CAPITAL ACCOUNT 14
1638	1638	The United States International Development Fi-15
1639	1639	nance Corporation (the Corporation) is authorized to 16
1640	1640	make such expenditures and commitments within the lim-17
1641	1641	its of funds and borrowing authority available to the Cor-18
1642	1642	poration, and in accordance with the law, and to make 19
1643	1643	such expenditures and commitments without regard to fis-20
1644	1644	cal year limitations, as provided by section 9104 of title 21
1645	1645	31, United States Code, as may be necessary in carrying 22
1646	1646	out the programs for the current fiscal year for the Cor-23
1647	1647	poration: Provided, That for necessary expenses of the ac-24
1648	1648	tivities described in subsections (b), (c), (e), (f), and (g) 25 66
1649	1649	•S 2438 RS
1650	1650	of section 1421 of the BUILD Act of 2018 (division F 1
1651	1651	of Public Law 115–254) and for administrative expenses 2
1652	1652	to carry out authorized activities described in section 3
1653	1653	1434(d) of such Act, $1,023,000,000: Provided further, 4
1654	1654	That of the amount provided— 5
1655	1655	(1) $243,000,000 shall remain available until 6
1656	1656	September 30, 2026, for administrative expenses to 7
1657	1657	carry out authorized activities (including an amount 8
1658	1658	for official reception and representation expenses 9
1659	1659	which shall not exceed $25,000); and 10
1660	1660	(2) $780,000,000 shall remain available until 11
1661	1661	September 30, 2026, for the activities described in 12
1662	1662	subsections (b), (c), (e), (f), and (g) of section 1421 13
1663	1663	of the BUILD Act of 2018, except such amounts ob-14
1664	1664	ligated in a fiscal year for activities described in sec-15
1665	1665	tion 1421(c) of such Act shall remain available for 16
1666	1666	disbursement for the term of the underlying project: 17
1667	1667	Provided further, That amounts made available 18
1668	1668	under this paragraph may be paid to the ‘‘United 19
1669	1669	States International Development Finance Corpora-20
1670	1670	tion—Program Account’’ for programs authorized 21
1671	1671	by subsections (b), (e), (f), and (g) of section 1421 22
1672	1672	of the BUILD Act of 2018: 23
1673	1673	Provided further, That funds may only be obligated pursu-24
1674	1674	ant to section 1421(g) of the BUILD Act of 2018 subject 25 67
1675	1675	•S 2438 RS
1676	1676	to prior consultation with the appropriate congressional 1
1677	1677	committees and the regular notification procedures of the 2
1678	1678	Committees on Appropriations: Provided further, That 3
1679	1679	funds appropriated by this Act and prior Acts making ap-4
1680	1680	propriations for the Department of State, foreign oper-5
1681	1681	ations, and related programs for support by the Corpora-6
1682	1682	tion in upper-middle income countries shall be subject to 7
1683	1683	prior consultation with the Committees on Appropriations: 8
1684	1684	Provided further, That in fiscal year 2024 collections of 9
1685	1685	amounts described in section 1434(h) of the BUILD Act 10
1686	1686	of 2018 shall be credited as offsetting collections to this 11
1687	1687	appropriation: Provided further, That such collections col-12
1688	1688	lected in fiscal year 2024 in excess of $1,023,000,000 13
1689	1689	shall be credited to this account and shall be available in 14
1690	1690	future fiscal years only to the extent provided in advance 15
1691	1691	in appropriations Acts: Provided further, That in fiscal 16
1692	1692	year 2024, if such collections are less than 17
1693	1693	$1,023,000,000, receipts collected pursuant to the 18
1694	1694	BUILD Act of 2018 and the Federal Credit Reform Act 19
1695	1695	of 1990, in an amount equal to such shortfall, shall be 20
1696	1696	credited as offsetting collections to this appropriation: 21
1697	1697	Provided further, That fees charged for project-specific 22
1698	1698	transaction costs as described in section 1434(k) of the 23
1699	1699	BUILD Act of 2018, and other direct costs associated 24
1700	1700	with origination or monitoring services provided to specific 25 68
1701	1701	•S 2438 RS
1702	1702	or potential investors, shall not be considered administra-1
1703	1703	tive expenses for the purposes of this heading: Provided 2
1704	1704	further, That such fees shall be credited to this account 3
1705	1705	for such purposes, to remain available until expended: Pro-4
1706	1706	vided further, That funds appropriated or otherwise made 5
1707	1707	available under this heading may not be used to provide 6
1708	1708	any type of assistance that is otherwise prohibited by any 7
1709	1709	other provision of law or to provide assistance to any for-8
1710	1710	eign country that is otherwise prohibited by any other pro-9
1711	1711	vision of law: Provided further, That the sums herein ap-10
1712	1712	propriated from the General Fund shall be reduced on a 11
1713	1713	dollar-for-dollar basis by the offsetting collections de-12
1714	1714	scribed under this heading so as to result in a final fiscal 13
1715	1715	year appropriation from the General Fund estimated at 14
1716	1716	$611,200,000. 15
1717	1717	PROGRAM ACCOUNT 16
1718	1718	Amounts paid from ‘‘United States International De-17
1719	1719	velopment Finance Corporation—Corporate Capital Ac-18
1720	1720	count’’ (CCA) shall remain available until September 30, 19
1721	1721	2026: Provided, That amounts paid to this account from 20
1722	1722	CCA or transferred to this account pursuant to section 21
1723	1723	1434(j) of the BUILD Act of 2018 (division F of Public 22
1724	1724	Law 115–254) shall be available for the costs of direct 23
1725	1725	and guaranteed loans provided by the Corporation pursu-24
1726	1726	ant to section 1421(b) of such Act and the costs of modi-25 69
1727	1727	•S 2438 RS
1728	1728	fying loans and loan guarantees transferred to the Cor-1
1729	1729	poration pursuant to section 1463 of such Act: Provided 2
1730	1730	further, That such costs, including the cost of modifying 3
1731	1731	such loans, shall be as defined in section 502 of the Con-4
1732	1732	gressional Budget Act of 1974: Provided further, That 5
1733	1733	such amounts obligated in a fiscal year shall remain avail-6
1734	1734	able for disbursement for the following 8 fiscal years: Pro-7
1735	1735	vided further, That funds made available in this Act and 8
1736	1736	transferred to carry out the Foreign Assistance Act of 9
1737	1737	1961 pursuant to section 1434(j) of the BUILD Act of 10
1738	1738	2018 may remain available for obligation for 1 additional 11
1739	1739	fiscal year: Provided further, That the total loan principal 12
1740	1740	or guaranteed principal amount shall not exceed 13
1741	1741	$8,000,000,000. 14
1742	1742	T
1743	1743	RADE ANDDEVELOPMENTAGENCY 15
1744	1744	For necessary expenses to carry out the provisions 16
1745	1745	of section 661 of the Foreign Assistance Act of 1961, 17
1746	1746	$100,000,000, to remain available until September 30, 18
1747	1747	2025, of which no more than $24,500,000 may be used 19
1748	1748	for administrative expenses: Provided, That of the funds 20
1749	1749	appropriated under this heading, not more than $5,000 21
1750	1750	may be available for representation and entertainment ex-22
1751	1751	penses. 23 70
1752	1752	•S 2438 RS
1753	1753	TITLE VII 1
1754	1754	GENERAL PROVISIONS 2
1755	1755	ALLOWANCES AND DIFFERENTIALS 3
1756	1756	S
1757	1757	EC. 7001. Funds appropriated under title I of this 4
1758	1758	Act shall be available, except as otherwise provided, for 5
1759	1759	allowances and differentials as authorized by subchapter 6
1760	1760	59 of title 5, United States Code; for services as author-7
1761	1761	ized by section 3109 of such title and for hire of passenger 8
1762	1762	transportation pursuant to section 1343(b) of title 31, 9
1763	1763	United States Code. 10
1764	1764	UNOBLIGATED BALANCES REPORT 11
1765	1765	S
1766	1766	EC. 7002. Any department or agency of the United 12
1767	1767	States Government to which funds are appropriated or 13
1768	1768	otherwise made available by this Act shall provide to the 14
1769	1769	Committees on Appropriations a quarterly accounting of 15
1770	1770	cumulative unobligated balances and obligated, but unex-16
1771	1771	pended, balances by program, project, and activity, and 17
1772	1772	Treasury Account Fund Symbol of all funds received by 18
1773	1773	such department or agency in fiscal year 2024 or any pre-19
1774	1774	vious fiscal year, disaggregated by fiscal year: Provided, 20
1775	1775	That the report required by this section shall be submitted 21
1776	1776	not later than 30 days after the end of each fiscal quarter 22
1777	1777	and should specify by account the amount of funds obli-23
1778	1778	gated pursuant to bilateral agreements which have not 24
1779	1779	been further sub-obligated. 25 71
1780	1780	•S 2438 RS
1781	1781	CONSULTING SERVICES 1
1782	1782	S
1783	1783	EC. 7003. The expenditure of any appropriation 2
1784	1784	under title I of this Act for any consulting service through 3
1785	1785	procurement contract, pursuant to section 3109 of title 4
1786	1786	5, United States Code, shall be limited to those contracts 5
1787	1787	where such expenditures are a matter of public record and 6
1788	1788	available for public inspection, except where otherwise pro-7
1789	1789	vided under existing law, or under existing Executive order 8
1790	1790	issued pursuant to existing law. 9
1791	1791	DIPLOMATIC FACILITIES 10
1792	1792	S
1793	1793	EC. 7004. (a) CAPITALSECURITYCOSTSHARING 11
1794	1794	E
1795	1795	XCEPTION.—Notwithstanding paragraph (2) of section 12
1796	1796	604(e) of the Secure Embassy Construction and Counter-13
1797	1797	terrorism Act of 1999 (title VI of division A of H.R. 3427, 14
1798	1798	as enacted into law by section 1000(a)(7) of Public Law 15
1799	1799	106–113 and contained in appendix G of that Act), as 16
1800	1800	amended by section 111 of the Department of State Au-17
1801	1801	thorities Act, Fiscal Year 2017 (Public Law 114–323), a 18
1802	1802	project to construct a facility of the United States may 19
1803	1803	include office space or other accommodations for members 20
1804	1804	of the United States Marine Corps. 21
1805	1805	(b) C
1806	1806	ONSULTATION AND NOTIFICATIONS.—Funds 22
1807	1807	appropriated by this Act and prior Acts making appropria-23
1808	1808	tions for the Department of State, foreign operations, and 24
1809	1809	related programs, which may be made available for the 25 72
1810	1810	•S 2438 RS
1811	1811	acquisition of property or award of construction contracts 1
1812	1812	for overseas United States diplomatic facilities during fis-2
1813	1813	cal year 2024, shall be subject to prior consultation with, 3
1814	1814	and the regular notification procedures of, the Committees 4
1815	1815	on Appropriations: Provided, That notifications pursuant 5
1816	1816	to this subsection shall include the information enumer-6
1817	1817	ated under this section in the report accompanying this 7
1818	1818	Act: Provided further, That the Secretary of State shall 8
1819	1819	submit a quarterly report to the Committees on Appro-9
1820	1820	priations on contingency savings identified from funds ap-10
1821	1821	propriated under the heading ‘‘Embassy Security, Con-11
1822	1822	struction, and Maintenance’’ by prior Acts making appro-12
1823	1823	priations for the Department of State, foreign operations, 13
1824	1824	and related programs, and the obligation of funds made 14
1825	1825	available by such savings shall be subject to prior consulta-15
1826	1826	tion with the Committees on Appropriations. 16
1827	1827	(c) I
1828	1828	NTERIM AND TEMPORARY FACILITIES 17
1829	1829	A
1830	1830	BROAD.— 18
1831	1831	(1) S
1832	1832	ECURITY VULNERABILITIES .—Funds ap-19
1833	1833	propriated by this Act under the heading ‘‘Embassy 20
1834	1834	Security, Construction, and Maintenance’’ may be 21
1835	1835	made available, following consultation with the ap-22
1836	1836	propriate congressional committees, to address secu-23
1837	1837	rity vulnerabilities at interim and temporary United 24 73
1838	1838	•S 2438 RS
1839	1839	States diplomatic facilities abroad, including physical 1
1840	1840	security upgrades and local guard staffing. 2
1841	1841	(2) C
1842	1842	ONSULTATION.—Notwithstanding any 3
1843	1843	other provision of law, the opening, closure, or any 4
1844	1844	significant modification to an interim or temporary 5
1845	1845	United States diplomatic facility shall be subject to 6
1846	1846	prior consultation with the appropriate congressional 7
1847	1847	committees and the regular notification procedures 8
1848	1848	of the Committees on Appropriations, except that 9
1849	1849	such consultation and notification may be waived if 10
1850	1850	there is a security risk to personnel. 11
1851	1851	(d) S
1852	1852	OFTTARGETS.—Funds appropriated by this Act 12
1853	1853	under the heading ‘‘Embassy Security, Construction, and 13
1854	1854	Maintenance’’ may be made available for security up-14
1855	1855	grades to soft targets, including schools, recreational fa-15
1856	1856	cilities, and residences used by United States diplomatic 16
1857	1857	personnel and their dependents. 17
1858	1858	PERSONNEL ACTIONS 18
1859	1859	S
1860	1860	EC. 7005. Any costs incurred by a department or 19
1861	1861	agency funded under title I of this Act resulting from per-20
1862	1862	sonnel actions taken in response to funding reductions in-21
1863	1863	cluded in this Act shall be absorbed within the total budg-22
1864	1864	etary resources available under title I to such department 23
1865	1865	or agency: Provided, That the authority to transfer funds 24
1866	1866	between appropriations accounts as may be necessary to 25 74
1867	1867	•S 2438 RS
1868	1868	carry out this section is provided in addition to authorities 1
1869	1869	included elsewhere in this Act: Provided further, That use 2
1870	1870	of funds to carry out this section shall be treated as a 3
1871	1871	reprogramming of funds under section 7015 of this Act. 4
1872	1872	PROHIBITION ON PUBLICITY OR PROPAGANDA 5
1873	1873	S
1874	1874	EC. 7006. No part of any appropriation contained 6
1875	1875	in this Act shall be used for publicity or propaganda pur-7
1876	1876	poses within the United States not authorized before en-8
1877	1877	actment of this Act by Congress: Provided, That up to 9
1878	1878	$25,000 may be made available to carry out the provisions 10
1879	1879	of section 316 of the International Security and Develop-11
1880	1880	ment Cooperation Act of 1980 (Public Law 96–533; 22 12
1881	1881	U.S.C. 2151a note). 13
1882	1882	PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN 14
1883	1883	COUNTRIES 15
1884	1884	S
1885	1885	EC. 7007. None of the funds appropriated or other-16
1886	1886	wise made available pursuant to titles III through VI of 17
1887	1887	this Act shall be obligated or expended to finance directly 18
1888	1888	any assistance or reparations for the governments of 19
1889	1889	Cuba, North Korea, Iran, or Syria: Provided, That for 20
1890	1890	purposes of this section, the prohibition on obligations or 21
1891	1891	expenditures shall include direct loans, credits, insurance, 22
1892	1892	and guarantees of the Export-Import Bank or its agents. 23 75
1893	1893	•S 2438 RS
1894	1894	COUPS D’E´TAT 1
1895	1895	S
1896	1896	EC. 7008. (a) PROHIBITION.—None of the funds ap-2
1897	1897	propriated or otherwise made available pursuant to titles 3
1898	1898	III through VI of this Act shall be obligated or expended 4
1899	1899	to finance directly any assistance to the government of any 5
1900	1900	country whose duly elected head of government is deposed 6
1901	1901	by military coup d’e´tat or decree or, after the date of en-7
1902	1902	actment of this Act, a coup d’e´tat or decree in which the 8
1903	1903	military plays a decisive role: Provided, That assistance 9
1904	1904	may be resumed to such government if the Secretary of 10
1905	1905	State certifies and reports to the appropriate congres-11
1906	1906	sional committees that subsequent to the termination of 12
1907	1907	assistance a democratically elected government has taken 13
1908	1908	office: Provided further, That the provisions of this section 14
1909	1909	shall not apply to assistance to promote democratic elec-15
1910	1910	tions or public participation in democratic processes, or 16
1911	1911	to support a democratic transition: Provided further, That 17
1912	1912	funds made available pursuant to the previous provisos 18
1913	1913	shall be subject to prior consultation with, and the regular 19
1914	1914	notification procedures of, the Committees on Appropria-20
1915	1915	tions. 21
1916	1916	(b) W
1917	1917	AIVER.—The Secretary of State, following con-22
1918	1918	sultation with the heads of relevant Federal agencies, may 23
1919	1919	waive the restriction in this section on a program-by-pro-24
1920	1920	gram basis if the Secretary certifies and reports to the 25 76
1921	1921	•S 2438 RS
1922	1922	Committees on Appropriations that such waiver is in the 1
1923	1923	national security interest of the United States: Provided, 2
1924	1924	That funds made available pursuant to such waiver shall 3
1925	1925	be subject to prior consultation with, and the regular noti-4
1926	1926	fication procedures of, the Committees on Appropriations. 5
1927	1927	TRANSFER OF FUNDS AUTHORITY 6
1928	1928	S
1929	1929	EC. 7009. (a) DEPARTMENT OF STATE AND 7
1930	1930	U
1931	1931	NITEDSTATESAGENCY FORGLOBALMEDIA.— 8
1932	1932	(1) D
1933	1933	EPARTMENT OF STATE .— 9
1934	1934	(A) I
1935	1935	N GENERAL.—Not to exceed 5 percent 10
1936	1936	of any appropriation made available for the cur-11
1937	1937	rent fiscal year for the Department of State 12
1938	1938	under title I of this Act may be transferred be-13
1939	1939	tween, and merged with, such appropriations, 14
1940	1940	but no such appropriation, except as otherwise 15
1941	1941	specifically provided, shall be increased by more 16
1942	1942	than 10 percent by any such transfers, and no 17
1943	1943	such transfer may be made to increase the ap-18
1944	1944	propriation under the heading ‘‘Representation 19
1945	1945	Expenses’’. 20
1946	1946	(B) E
1947	1947	MBASSY SECURITY.—Funds appro-21
1948	1948	priated under the headings ‘‘Diplomatic Pro-22
1949	1949	grams’’, including for Worldwide Security Pro-23
1950	1950	tection, ‘‘Embassy Security, Construction, and 24
1951	1951	Maintenance’’, and ‘‘Emergencies in the Diplo-25 77
1952	1952	•S 2438 RS
1953	1953	matic and Consular Service’’ in this Act may be 1
1954	1954	transferred to, and merged with, funds appro-2
1955	1955	priated under such headings if the Secretary of 3
1956	1956	State determines and reports to the Committees 4
1957	1957	on Appropriations that to do so is necessary to 5
1958	1958	implement the recommendations of the 6
1959	1959	Benghazi Accountability Review Board, for 7
1960	1960	emergency evacuations, or to prevent or re-8
1961	1961	spond to security situations and requirements, 9
1962	1962	following consultation with, and subject to the 10
1963	1963	regular notification procedures of, such Com-11
1964	1964	mittees: Provided, That such transfer authority 12
1965	1965	is in addition to any transfer authority other-13
1966	1966	wise available in this Act and under any other 14
1967	1967	provision of law. 15
1968	1968	(2) U
1969	1969	NITED STATES AGENCY FOR GLOBAL 16
1970	1970	MEDIA.—Not to exceed 5 percent of any appropria-17
1971	1971	tion made available for the current fiscal year for 18
1972	1972	the United States Agency for Global Media under 19
1973	1973	title I of this Act may be transferred between, and 20
1974	1974	merged with, such appropriations, but no such ap-21
1975	1975	propriation, except as otherwise specifically provided, 22
1976	1976	shall be increased by more than 10 percent by any 23
1977	1977	such transfers. 24 78
1978	1978	•S 2438 RS
1979	1979	(3) TREATMENT AS REPROGRAMMING .—Any 1
1980	1980	transfer pursuant to this subsection shall be treated 2
1981	1981	as a reprogramming of funds under section 7015 of 3
1982	1982	this Act and shall not be available for obligation or 4
1983	1983	expenditure except in compliance with the proce-5
1984	1984	dures set forth in that section. 6
1985	1985	(b) L
1986	1986	IMITATION ON TRANSFERS OF FUNDSBE-7
1987	1987	TWEENAGENCIES.— 8
1988	1988	(1) I
1989	1989	N GENERAL.—None of the funds made 9
1990	1990	available under titles II through V of this Act may 10
1991	1991	be transferred to any department, agency, or instru-11
1992	1992	mentality of the United States Government, except 12
1993	1993	pursuant to a transfer made by, or transfer author-13
1994	1994	ity provided in, this Act or any other appropriations 14
1995	1995	Act. 15
1996	1996	(2) A
1997	1997	LLOCATION AND TRANSFERS .—Notwith-16
1998	1998	standing paragraph (1), in addition to transfers 17
1999	1999	made by, or authorized elsewhere in, this Act, funds 18
2000	2000	appropriated by this Act to carry out the purposes 19
2001	2001	of the Foreign Assistance Act of 1961 may be allo-20
2002	2002	cated or transferred to agencies of the United States 21
2003	2003	Government pursuant to the provisions of sections 22
2004	2004	109, 610, and 632 of the Foreign Assistance Act of 23
2005	2005	1961, and section 1434(j) of the BUILD Act of 24
2006	2006	2018 (division F of Public Law 115–254). 25 79
2007	2007	•S 2438 RS
2008	2008	(3) NOTIFICATION.—Any agreement entered 1
2009	2009	into by the United States Agency for International 2
2010	2010	Development or the Department of State with any 3
2011	2011	department, agency, or instrumentality of the United 4
2012	2012	States Government pursuant to section 632(b) of the 5
2013	2013	Foreign Assistance Act of 1961 valued in excess of 6
2014	2014	$1,000,000 and any agreement made pursuant to 7
2015	2015	section 632(a) of such Act, with funds appropriated 8
2016	2016	by this Act or prior Acts making appropriations for 9
2017	2017	the Department of State, foreign operations, and re-10
2018	2018	lated programs under the headings ‘‘Global Health 11
2019	2019	Programs’’, ‘‘Development Assistance’’, ‘‘Economic 12
2020	2020	Support Fund’’, and ‘‘Assistance for Europe, Eur-13
2021	2021	asia and Central Asia’’ shall be subject to the reg-14
2022	2022	ular notification procedures of the Committees on 15
2023	2023	Appropriations: Provided, That the requirement in 16
2024	2024	the previous sentence shall not apply to agreements 17
2025	2025	entered into between USAID and the Department of 18
2026	2026	State. 19
2027	2027	(c) U
2028	2028	NITEDSTATESINTERNATIONALDEVELOPMENT 20
2029	2029	F
2030	2030	INANCECORPORATION.— 21
2031	2031	(1) T
2032	2032	RANSFERS.—Amounts transferred to the 22
2033	2033	United States International Development Finance 23
2034	2034	Corporation pursuant to section 1434(j) of the 24
2035	2035	BUILD Act of 2018 (division F of Public Law 115– 25 80
2036	2036	•S 2438 RS
2037	2037	254), or any other transfer authority provided by 1
2038	2038	any provision of law, shall be subject to prior con-2
2039	2039	sultation with, and the regular notification proce-3
2040	2040	dures of, the Committees on Appropriations: Pro-4
2041	2041	vided, That the Secretary of State, the Adminis-5
2042	2042	trator of the United States Agency for International 6
2043	2043	Development, and the Chief Executive Officer of the 7
2044	2044	Corporation, as appropriate, shall ensure that the 8
2045	2045	programs funded by such transfers are coordinated 9
2046	2046	with, and complement, foreign assistance programs 10
2047	2047	implemented by the Department of State and 11
2048	2048	USAID. 12
2049	2049	(2) T
2050	2050	RANSFER OF FUNDS FROM MILLENNIUM 13
2051	2051	CHALLENGE CORPORATION .—Funds appropriated 14
2052	2052	under the heading ‘‘Millennium Challenge Corpora-15
2053	2053	tion’’ in this Act or prior Acts making appropria-16
2054	2054	tions for the Department of State, foreign oper-17
2055	2055	ations, and related programs may be transferred to 18
2056	2056	accounts under the heading ‘‘United States Inter-19
2057	2057	national Development Finance Corporation’’ and, 20
2058	2058	when so transferred, may be used for the costs of 21
2059	2059	activities described in subsections (b) and (c) of sec-22
2060	2060	tion 1421 of the BUILD Act of 2018: Provided, 23
2061	2061	That such funds shall be subject to the limitations 24
2062	2062	provided in the second, third, and fifth provisos 25 81
2063	2063	•S 2438 RS
2064	2064	under the heading ‘‘United States International De-1
2065	2065	velopment Finance Corporation—Program Account’’ 2
2066	2066	in this Act: Provided further, That any transfer exe-3
2067	2067	cuted pursuant to the transfer authority provided in 4
2068	2068	this paragraph shall not exceed 10 percent of an in-5
2069	2069	dividual Compact awarded pursuant to section 6
2070	2070	609(a) of the Millennium Challenge Act of 2003 7
2071	2071	(title VI of Public Law 108–199): Provided further, 8
2072	2072	That such funds shall not be available for adminis-9
2073	2073	trative expenses of the United States International 10
2074	2074	Development Finance Corporation: Provided further, 11
2075	2075	That such authority shall be subject to prior con-12
2076	2076	sultation with, and the regular notification proce-13
2077	2077	dures of, the Committees on Appropriations: Pro-14
2078	2078	vided further, That the transfer authority provided 15
2079	2079	in this section is in addition to any other transfer 16
2080	2080	authority provided by law: Provided further, That 17
2081	2081	within 60 days of the termination in whole or in part 18
2082	2082	of the Compact from which funds were transferred 19
2083	2083	under this authority to the United States Inter-20
2084	2084	national Development Finance Corporation, any un-21
2085	2085	obligated balances shall be transferred back to the 22
2086	2086	Millennium Challenge Corporation, subject to the 23
2087	2087	regular notification procedures of the Committees on 24
2088	2088	Appropriations. 25 82
2089	2089	•S 2438 RS
2090	2090	(d) TRANSFER OFFUNDSBETWEENACCOUNTS.— 1
2091	2091	None of the funds made available under titles II through 2
2092	2092	V of this Act may be obligated under an appropriations 3
2093	2093	account to which such funds were not appropriated, except 4
2094	2094	for transfers specifically provided for in this Act, unless 5
2095	2095	the President, not less than 5 days prior to the exercise 6
2096	2096	of any authority contained in the Foreign Assistance Act 7
2097	2097	of 1961 to transfer funds, consults with and provides a 8
2098	2098	written policy justification to the Committees on Appro-9
2099	2099	priations. 10
2100	2100	(e) A
2101	2101	UDIT OF INTER-AGENCYTRANSFERS OF 11
2102	2102	F
2103	2103	UNDS.—Any agreement for the transfer or allocation of 12
2104	2104	funds appropriated by this Act or prior Acts making ap-13
2105	2105	propriations for the Department of State, foreign oper-14
2106	2106	ations, and related programs entered into between the De-15
2107	2107	partment of State or USAID and another agency of the 16
2108	2108	United States Government under the authority of section 17
2109	2109	632(a) of the Foreign Assistance Act of 1961, or any com-18
2110	2110	parable provision of law, shall expressly provide that the 19
2111	2111	Inspector General (IG) for the agency receiving the trans-20
2112	2112	fer or allocation of such funds, or other entity with audit 21
2113	2113	responsibility if the receiving agency does not have an IG, 22
2114	2114	shall perform periodic program and financial audits of the 23
2115	2115	use of such funds and report to the Department of State 24
2116	2116	or USAID, as appropriate, upon completion of such au-25 83
2117	2117	•S 2438 RS
2118	2118	dits: Provided, That such audits shall be transmitted to 1
2119	2119	the Committees on Appropriations by the Department of 2
2120	2120	State or USAID, as appropriate: Provided further, That 3
2121	2121	funds transferred under such authority may be made 4
2122	2122	available for the cost of such audits. 5
2123	2123	PROHIBITION AND LIMITATION ON CERTAIN EXPENSES 6
2124	2124	S
2125	2125	EC. 7010. (a) COMPUTERNETWORKS.—None of the 7
2126	2126	funds made available by this Act for the operating ex-8
2127	2127	penses of any United States Government department or 9
2128	2128	agency may be used to establish or maintain a computer 10
2129	2129	network for use by such department or agency unless such 11
2130	2130	network has filters designed to block access to sexually 12
2131	2131	explicit websites: Provided, That nothing in this subsection 13
2132	2132	shall limit the use of funds necessary for any Federal, 14
2133	2133	State, Tribal, or local law enforcement agency, or any 15
2134	2134	other entity carrying out the following activities: criminal 16
2135	2135	investigations, prosecutions, and adjudications; adminis-17
2136	2136	trative discipline; and the monitoring of such websites un-18
2137	2137	dertaken as part of official business. 19
2138	2138	(b) P
2139	2139	ROHIBITION ON PROMOTION OF TOBACCO.— 20
2140	2140	None of the funds made available by this Act shall be 21
2141	2141	available to promote the sale or export of tobacco or to-22
2142	2142	bacco products (including electronic nicotine delivery sys-23
2143	2143	tems), or to seek the reduction or removal by any foreign 24
2144	2144	country of restrictions on the marketing of tobacco or to-25 84
2145	2145	•S 2438 RS
2146	2146	bacco products (including electronic nicotine delivery sys-1
2147	2147	tems), except for restrictions which are not applied equally 2
2148	2148	to all tobacco or tobacco products (including electronic nic-3
2149	2149	otine delivery systems) of the same type. 4
2150	2150	(c) R
2151	2151	EPRESENTATION AND ENTERTAINMENT EX-5
2152	2152	PENSES.—Each Federal department, agency, or entity 6
2153	2153	funded in titles I or II of this Act, and the Department 7
2154	2154	of the Treasury and independent agencies funded in titles 8
2155	2155	III or VI of this Act, shall take steps to ensure that do-9
2156	2156	mestic and overseas representation and entertainment ex-10
2157	2157	penses further official agency business and United States 11
2158	2158	foreign policy interests, and— 12
2159	2159	(1) are primarily for fostering relations outside 13
2160	2160	of the Executive Branch; 14
2161	2161	(2) are principally for meals and events of a 15
2162	2162	protocol nature; 16
2163	2163	(3) are not for employee-only events; and 17
2164	2164	(4) do not include activities that are substan-18
2165	2165	tially of a recreational character. 19
2166	2166	(d) L
2167	2167	IMITATIONS ONENTERTAINMENT EXPENSES.— 20
2168	2168	None of the funds appropriated or otherwise made avail-21
2169	2169	able by this Act under the headings ‘‘International Mili-22
2170	2170	tary Education and Training’’ or ‘‘Foreign Military Fi-23
2171	2171	nancing Program’’ for Informational Program activities or 24
2172	2172	under the headings ‘‘Global Health Programs’’, ‘‘Develop-25 85
2173	2173	•S 2438 RS
2174	2174	ment Assistance’’, ‘‘Economic Support Fund’’, and ‘‘As-1
2175	2175	sistance for Europe, Eurasia and Central Asia’’ may be 2
2176	2176	obligated or expended to pay for— 3
2177	2177	(1) alcoholic beverages; or 4
2178	2178	(2) entertainment expenses for activities that 5
2179	2179	are substantially of a recreational character, includ-6
2180	2180	ing entrance fees at sporting events, theatrical and 7
2181	2181	musical productions, and amusement parks. 8
2182	2182	AVAILABILITY OF FUNDS 9
2183	2183	S
2184	2184	EC. 7011. No part of any appropriation contained 10
2185	2185	in this Act shall remain available for obligation after the 11
2186	2186	expiration of the current fiscal year unless expressly so 12
2187	2187	provided by this Act: Provided, That funds appropriated 13
2188	2188	for the purposes of chapters 1 and 8 of part I, section 14
2189	2189	661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 15
2190	2190	Assistance Act of 1961, section 23 of the Arms Export 16
2191	2191	Control Act (22 U.S.C. 2763), and funds made available 17
2192	2192	for ‘‘United States International Development Finance 18
2193	2193	Corporation’’ and under the heading ‘‘Assistance for Eu-19
2194	2194	rope, Eurasia and Central Asia’’ shall remain available for 20
2195	2195	an additional 4 years from the date on which the avail-21
2196	2196	ability of such funds would otherwise have expired, if such 22
2197	2197	funds are initially obligated before the expiration of their 23
2198	2198	respective periods of availability contained in this Act: 24
2199	2199	Provided further, That notwithstanding any other provi-25 86
2200	2200	•S 2438 RS
2201	2201	sion of this Act, any funds made available for the purposes 1
2202	2202	of chapter 1 of part I and chapter 4 of part II of the 2
2203	2203	Foreign Assistance Act of 1961 which are allocated or ob-3
2204	2204	ligated for cash disbursements in order to address balance 4
2205	2205	of payments or economic policy reform objectives, shall re-5
2206	2206	main available for an additional 4 years from the date on 6
2207	2207	which the availability of such funds would otherwise have 7
2208	2208	expired, if such funds are initially allocated or obligated 8
2209	2209	before the expiration of their respective periods of avail-9
2210	2210	ability contained in this Act: Provided further, That the 10
2211	2211	Secretary of State and the Administrator of the United 11
2212	2212	States Agency for International Development shall provide 12
2213	2213	a report to the Committees on Appropriations not later 13
2214	2214	than October 31, 2024, detailing by account and source 14
2215	2215	year, the use of this authority during the previous fiscal 15
2216	2216	year. 16
2217	2217	LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 17
2218	2218	S
2219	2219	EC. 7012. No part of any appropriation provided 18
2220	2220	under titles III through VI in this Act shall be used to 19
2221	2221	furnish assistance to the government of any country which 20
2222	2222	is in default during a period in excess of 1 calendar year 21
2223	2223	in payment to the United States of principal or interest 22
2224	2224	on any loan made to the government of such country by 23
2225	2225	the United States pursuant to a program for which funds 24
2226	2226	are appropriated under this Act unless the President de-25 87
2227	2227	•S 2438 RS
2228	2228	termines, following consultation with the Committees on 1
2229	2229	Appropriations, that assistance for such country is in the 2
2230	2230	national interest of the United States. 3
2231	2231	PROHIBITION ON TAXATION OF UNITED STATES 4
2232	2232	ASSISTANCE 5
2233	2233	S
2234	2234	EC. 7013. (a) PROHIBITION ONTAXATION.—None 6
2235	2235	of the funds appropriated under titles III through VI of 7
2236	2236	this Act may be made available to provide assistance for 8
2237	2237	a foreign country under a new bilateral agreement gov-9
2238	2238	erning the terms and conditions under which such assist-10
2239	2239	ance is to be provided unless such agreement includes a 11
2240	2240	provision stating that assistance provided by the United 12
2241	2241	States shall be exempt from taxation, or reimbursed, by 13
2242	2242	the foreign government, and the Secretary of State and 14
2243	2243	the Administrator of the United States Agency for Inter-15
2244	2244	national Development shall expeditiously seek to negotiate 16
2245	2245	amendments to existing bilateral agreements, as nec-17
2246	2246	essary, to conform with this requirement. 18
2247	2247	(b) N
2248	2248	OTIFICATION AND REIMBURSEMENT OF FOR-19
2249	2249	EIGNTAXES.—An amount equivalent to 200 percent of 20
2250	2250	the total taxes assessed during fiscal year 2024 on funds 21
2251	2251	appropriated by this Act and prior Acts making appropria-22
2252	2252	tions for the Department of State, foreign operations, and 23
2253	2253	related programs by a foreign government or entity 24
2254	2254	against United States assistance programs, either directly 25 88
2255	2255	•S 2438 RS
2256	2256	or through grantees, contractors, and subcontractors, shall 1
2257	2257	be withheld from obligation from funds appropriated for 2
2258	2258	assistance for fiscal year 2025 and for prior fiscal years 3
2259	2259	and allocated for the central government of such country 4
2260	2260	or for the West Bank and Gaza program, as applicable, 5
2261	2261	if, not later than September 30, 2025, such taxes have 6
2262	2262	not been reimbursed. 7
2263	2263	(c) D
2264	2264	EMINIMISEXCEPTION.—Foreign taxes of a de 8
2265	2265	minimis nature shall not be subject to the provisions of 9
2266	2266	subsection (b). 10
2267	2267	(d) R
2268	2268	EPROGRAMMING OF FUNDS.—Funds withheld 11
2269	2269	from obligation for each foreign government or entity pur-12
2270	2270	suant to subsection (b) shall be reprogrammed for assist-13
2271	2271	ance for countries which do not assess taxes on United 14
2272	2272	States assistance or which have an effective arrangement 15
2273	2273	that is providing substantial reimbursement of such taxes, 16
2274	2274	and that can reasonably accommodate such assistance in 17
2275	2275	a programmatically responsible manner. 18
2276	2276	(e) D
2277	2277	ETERMINATIONS.— 19
2278	2278	(1) I
2279	2279	N GENERAL.—The provisions of this sec-20
2280	2280	tion shall not apply to any foreign government or en-21
2281	2281	tity that assesses such taxes if the Secretary of 22
2282	2282	State reports to the Committees on Appropriations 23
2283	2283	that— 24 89
2284	2284	•S 2438 RS
2285	2285	(A) such foreign government or entity has 1
2286	2286	an effective arrangement that is providing sub-2
2287	2287	stantial reimbursement of such taxes; or 3
2288	2288	(B) the foreign policy interests of the 4
2289	2289	United States outweigh the purpose of this sec-5
2290	2290	tion to ensure that United States assistance is 6
2291	2291	not subject to taxation. 7
2292	2292	(2) C
2293	2293	ONSULTATION.—The Secretary of State 8
2294	2294	shall consult with the Committees on Appropriations 9
2295	2295	at least 15 days prior to exercising the authority of 10
2296	2296	this subsection with regard to any foreign govern-11
2297	2297	ment or entity. 12
2298	2298	(f) I
2299	2299	MPLEMENTATION.—The Secretary of State shall 13
2300	2300	issue and update rules, regulations, or policy guidance, as 14
2301	2301	appropriate, to implement the prohibition against the tax-15
2302	2302	ation of assistance contained in this section. 16
2303	2303	(g) D
2304	2304	EFINITIONS.—As used in this section: 17
2305	2305	(1) B
2306	2306	ILATERAL AGREEMENT .—The term ‘‘bilat-18
2307	2307	eral agreement’’ refers to a framework bilateral 19
2308	2308	agreement between the Government of the United 20
2309	2309	States and the government of the country receiving 21
2310	2310	assistance that describes the privileges and immuni-22
2311	2311	ties applicable to United States foreign assistance 23
2312	2312	for such country generally, or an individual agree-24
2313	2313	ment between the Government of the United States 25 90
2314	2314	•S 2438 RS
2315	2315	and such government that describes, among other 1
2316	2316	things, the treatment for tax purposes that will be 2
2317	2317	accorded the United States assistance provided 3
2318	2318	under that agreement. 4
2319	2319	(2) T
2320	2320	AXES AND TAXATION .—The term ‘‘taxes 5
2321	2321	and taxation’’ shall include value added taxes and 6
2322	2322	customs duties but shall not include individual in-7
2323	2323	come taxes assessed to local staff. 8
2324	2324	RESERVATIONS OF FUNDS 9
2325	2325	S
2326	2326	EC. 7014. (a) REPROGRAMMING.—Funds appro-10
2327	2327	priated under titles III through VI of this Act which are 11
2328	2328	specifically designated may be reprogrammed for other 12
2329	2329	programs within the same account notwithstanding the 13
2330	2330	designation if compliance with the designation is made im-14
2331	2331	possible by operation of any provision of this or any other 15
2332	2332	Act: Provided, That any such reprogramming shall be sub-16
2333	2333	ject to the regular notification procedures of the Commit-17
2334	2334	tees on Appropriations: Provided further, That assistance 18
2335	2335	that is reprogrammed pursuant to this subsection shall be 19
2336	2336	made available under the same terms and conditions as 20
2337	2337	originally provided. 21
2338	2338	(b) E
2339	2339	XTENSION OFAVAILABILITY.—In addition to 22
2340	2340	the authority contained in subsection (a), the original pe-23
2341	2341	riod of availability of funds appropriated by this Act and 24
2342	2342	administered by the Department of State or the United 25 91
2343	2343	•S 2438 RS
2344	2344	States Agency for International Development that are spe-1
2345	2345	cifically designated for particular programs or activities by 2
2346	2346	this or any other Act may be extended for an additional 3
2347	2347	fiscal year if the Secretary of State or the USAID Admin-4
2348	2348	istrator, as appropriate, determines and reports promptly 5
2349	2349	to the Committees on Appropriations that the termination 6
2350	2350	of assistance to a country or a significant change in cir-7
2351	2351	cumstances makes it unlikely that such designated funds 8
2352	2352	can be obligated during the original period of availability: 9
2353	2353	Provided, That such designated funds that continue to be 10
2354	2354	available for an additional fiscal year shall be obligated 11
2355	2355	only for the purpose of such designation. 12
2356	2356	(c) O
2357	2357	THERACTS.—Ceilings and specifically des-13
2358	2358	ignated funding levels contained in this Act shall not be 14
2359	2359	applicable to funds or authorities appropriated or other-15
2360	2360	wise made available by any subsequent Act unless such 16
2361	2361	Act specifically so directs: Provided, That specifically des-17
2362	2362	ignated funding levels or minimum funding requirements 18
2363	2363	contained in any other Act shall not be applicable to funds 19
2364	2364	appropriated by this Act. 20
2365	2365	NOTIFICATION REQUIREMENTS 21
2366	2366	S
2367	2367	EC. 7015. (a) NOTIFICATION OFCHANGES INPRO-22
2368	2368	GRAMS, PROJECTS, ANDACTIVITIES.—None of the funds 23
2369	2369	made available in titles I, II, and VI, and under the head-24
2370	2370	ings ‘‘Peace Corps’’ and ‘‘Millennium Challenge Corpora-25 92
2371	2371	•S 2438 RS
2372	2372	tion’’, of this Act or prior Acts making appropriations for 1
2373	2373	the Department of State, foreign operations, and related 2
2374	2374	programs to the departments and agencies funded by this 3
2375	2375	Act that remain available for obligation in fiscal year 4
2376	2376	2024, or provided from any accounts in the Treasury of 5
2377	2377	the United States derived by the collection of fees or of 6
2378	2378	currency reflows or other offsetting collections, or made 7
2379	2379	available by transfer, to the departments and agencies 8
2380	2380	funded by this Act, shall be available for obligation to— 9
2381	2381	(1) create new programs; 10
2382	2382	(2) suspend or eliminate a program, project, or 11
2383	2383	activity; 12
2384	2384	(3) close, suspend, open, or reopen a mission or 13
2385	2385	post; 14
2386	2386	(4) create, close, reorganize, downsize, or re-15
2387	2387	name bureaus, centers, or offices; or 16
2388	2388	(5) contract out or privatize any functions or 17
2389	2389	activities presently performed by Federal employees; 18
2390	2390	unless previously justified to the Committees on Appro-19
2391	2391	priations or such Committees are notified 15 days in ad-20
2392	2392	vance of such obligation. 21
2393	2393	(b) N
2394	2394	OTIFICATION OF REPROGRAMMING OF 22
2395	2395	F
2396	2396	UNDS.—None of the funds provided under titles I, II, 23
2397	2397	and VI of this Act or prior Acts making appropriations 24
2398	2398	for the Department of State, foreign operations, and re-25 93
2399	2399	•S 2438 RS
2400	2400	lated programs, to the departments and agencies funded 1
2401	2401	under such titles that remain available for obligation in 2
2402	2402	fiscal year 2024, or provided from any accounts in the 3
2403	2403	Treasury of the United States derived by the collection 4
2404	2404	of fees available to the department and agency funded 5
2405	2405	under title I of this Act, shall be available for obligation 6
2406	2406	or expenditure for programs, projects, or activities 7
2407	2407	through a reprogramming of funds in excess of 8
2408	2408	$1,000,000 or 10 percent, whichever is less, that— 9
2409	2409	(1) augments or changes existing programs, 10
2410	2410	projects, or activities; 11
2411	2411	(2) relocates an existing office or employees; 12
2412	2412	(3) reduces by 10 percent funding for any exist-13
2413	2413	ing program, project, or activity, or numbers of per-14
2414	2414	sonnel by 10 percent as approved by Congress; or 15
2415	2415	(4) results from any general savings, including 16
2416	2416	savings from a reduction in personnel, which would 17
2417	2417	result in a change in existing programs, projects, or 18
2418	2418	activities as approved by Congress; 19
2419	2419	unless the Committees on Appropriations are notified 15 20
2420	2420	days in advance of such reprogramming of funds. 21
2421	2421	(c) N
2422	2422	OTIFICATIONREQUIREMENT.—None of the 22
2423	2423	funds made available by this Act under the headings 23
2424	2424	‘‘Global Health Programs’’, ‘‘Development Assistance’’, 24
2425	2425	‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assist-25 94
2426	2426	•S 2438 RS
2427	2427	ance for Europe, Eurasia and Central Asia’’, ‘‘Peace 1
2428	2428	Corps’’, ‘‘Millennium Challenge Corporation’’, ‘‘Inter-2
2429	2429	national Narcotics Control and Law Enforcement’’, ‘‘Non-3
2430	2430	proliferation, Anti-terrorism, Demining and Related Pro-4
2431	2431	grams’’, ‘‘Peacekeeping Operations’’, ‘‘International Mili-5
2432	2432	tary Education and Training’’, ‘‘Foreign Military Financ-6
2433	2433	ing Program’’, ‘‘International Organizations and Pro-7
2434	2434	grams’’, ‘‘United States International Development Fi-8
2435	2435	nance Corporation’’, and ‘‘Trade and Development Agen-9
2436	2436	cy’’ shall be available for obligation for programs, projects, 10
2437	2437	activities, type of materiel assistance, countries, or other 11
2438	2438	operations not justified or in excess of the amount justi-12
2439	2439	fied to the Committees on Appropriations for obligation 13
2440	2440	under any of these specific headings unless the Commit-14
2441	2441	tees on Appropriations are notified 15 days in advance of 15
2442	2442	such obligation: Provided, That the President shall not 16
2443	2443	enter into any commitment of funds appropriated for the 17
2444	2444	purposes of section 23 of the Arms Export Control Act 18
2445	2445	for the provision of major defense equipment, other than 19
2446	2446	conventional ammunition, or other major defense items 20
2447	2447	defined to be aircraft, ships, missiles, or combat vehicles, 21
2448	2448	not previously justified to Congress or 20 percent in excess 22
2449	2449	of the quantities justified to Congress unless the Commit-23
2450	2450	tees on Appropriations are notified 15 days in advance of 24
2451	2451	such commitment: Provided further, That requirements of 25 95
2452	2452	•S 2438 RS
2453	2453	this subsection or any similar provision of this or any 1
2454	2454	other Act shall not apply to any reprogramming for a pro-2
2455	2455	gram, project, or activity for which funds are appropriated 3
2456	2456	under titles III through VI of this Act of less than 10 4
2457	2457	percent of the amount previously justified to Congress for 5
2458	2458	obligation for such program, project, or activity for the 6
2459	2459	current fiscal year: Provided further, That any notification 7
2460	2460	submitted pursuant to subsection (f) of this section shall 8
2461	2461	include information (if known on the date of transmittal 9
2462	2462	of such notification) on the use of notwithstanding author-10
2463	2463	ity. 11
2464	2464	(d) D
2465	2465	EPARTMENT OF DEFENSEPROGRAMS AND 12
2466	2466	F
2467	2467	UNDINGNOTIFICATIONS.— 13
2468	2468	(1) P
2469	2469	ROGRAMS.—None of the funds appro-14
2470	2470	priated by this Act or prior Acts making appropria-15
2471	2471	tions for the Department of State, foreign oper-16
2472	2472	ations, and related programs may be made available 17
2473	2473	to support or continue any program initially funded 18
2474	2474	under any authority of title 10, United States Code, 19
2475	2475	or any Act making or authorizing appropriations for 20
2476	2476	the Department of Defense, unless the Secretary of 21
2477	2477	State, in consultation with the Secretary of Defense 22
2478	2478	and in accordance with the regular notification pro-23
2479	2479	cedures of the Committees on Appropriations, sub-24
2480	2480	mits a justification to such Committees that includes 25 96
2481	2481	•S 2438 RS
2482	2482	a description of, and the estimated costs associated 1
2483	2483	with, the support or continuation of such program. 2
2484	2484	(2) F
2485	2485	UNDING.—Notwithstanding any other pro-3
2486	2486	vision of law, funds transferred by the Department 4
2487	2487	of Defense to the Department of State and the 5
2488	2488	United States Agency for International Development 6
2489	2489	for assistance for foreign countries and international 7
2490	2490	organizations shall be subject to the regular notifica-8
2491	2491	tion procedures of the Committees on Appropria-9
2492	2492	tions. 10
2493	2493	(3) N
2494	2494	OTIFICATION ON EXCESS DEFENSE ARTI -11
2495	2495	CLES.—Prior to providing excess Department of De-12
2496	2496	fense articles in accordance with section 516(a) of 13
2497	2497	the Foreign Assistance Act of 1961, the Department 14
2498	2498	of Defense shall notify the Committees on Appro-15
2499	2499	priations to the same extent and under the same 16
2500	2500	conditions as other committees pursuant to sub-17
2501	2501	section (f) of that section: Provided, That before 18
2502	2502	issuing a letter of offer to sell excess defense articles 19
2503	2503	under the Arms Export Control Act, the Department 20
2504	2504	of Defense shall notify the Committees on Appro-21
2505	2505	priations in accordance with the regular notification 22
2506	2506	procedures of such Committees if such defense arti-23
2507	2507	cles are significant military equipment (as defined in 24
2508	2508	section 47(9) of the Arms Export Control Act) or 25 97
2509	2509	•S 2438 RS
2510	2510	are valued (in terms of original acquisition cost) at 1
2511	2511	$7,000,000 or more, or if notification is required 2
2512	2512	elsewhere in this Act for the use of appropriated 3
2513	2513	funds for specific countries that would receive such 4
2514	2514	excess defense articles: Provided further, That such 5
2515	2515	Committees shall also be informed of the original ac-6
2516	2516	quisition cost of such defense articles. 7
2517	2517	(e) W
2518	2518	AIVER.—The requirements of this section or 8
2519	2519	any similar provision of this Act or any other Act, includ-9
2520	2520	ing any prior Act requiring notification in accordance with 10
2521	2521	the regular notification procedures of the Committees on 11
2522	2522	Appropriations, may be waived if failure to do so would 12
2523	2523	pose a substantial risk to human health or welfare: Pro-13
2524	2524	vided, That in case of any such waiver, notification to the 14
2525	2525	Committees on Appropriations shall be provided as early 15
2526	2526	as practicable, but in no event later than 3 days after tak-16
2527	2527	ing the action to which such notification requirement was 17
2528	2528	applicable, in the context of the circumstances necessi-18
2529	2529	tating such waiver: Provided further, That any notification 19
2530	2530	provided pursuant to such a waiver shall contain an expla-20
2531	2531	nation of the emergency circumstances. 21
2532	2532	(f) C
2533	2533	OUNTRYNOTIFICATIONREQUIREMENTS.—None 22
2534	2534	of the funds appropriated under titles III through VI of 23
2535	2535	this Act may be obligated or expended for assistance for 24
2536	2536	Afghanistan, Bahrain, Burma, Cambodia, Colombia, 25 98
2537	2537	•S 2438 RS
2538	2538	Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti, 1
2539	2539	Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nica-2
2540	2540	ragua, Pakistan, Philippines, the Russian Federation, 3
2541	2541	Rwanda, Somalia, South Sudan, Sri Lanka, Sudan, Syria, 4
2542	2542	Tunisia, Venezuela, Yemen, and Zimbabwe except as pro-5
2543	2543	vided through the regular notification procedures of the 6
2544	2544	Committees on Appropriations. 7
2545	2545	(g) T
2546	2546	RUSTFUNDS.—Funds appropriated or other-8
2547	2547	wise made available in title III of this Act and prior Acts 9
2548	2548	making funds available for the Department of State, for-10
2549	2549	eign operations, and related programs that are made avail-11
2550	2550	able for a trust fund held by an international financial 12
2551	2551	institution shall be subject to the regular notification pro-13
2552	2552	cedures of the Committees on Appropriations, and such 14
2553	2553	notification shall include the information specified under 15
2554	2554	this section in the report accompanying this Act. 16
2555	2555	(h) O
2556	2556	THERPROGRAMNOTIFICATIONREQUIRE-17
2557	2557	MENT.— 18
2558	2558	(1) D
2559	2559	IPLOMATIC PROGRAMS .—Funds appro-19
2560	2560	priated under title I of this Act under the heading 20
2561	2561	‘‘Diplomatic Programs’’ that are made available for 21
2562	2562	lateral entry into the Foreign Service shall be sub-22
2563	2563	ject to prior consultation with, and the regular noti-23
2564	2564	fication procedures of, the Committees on Appro-24
2565	2565	priations. 25 99
2566	2566	•S 2438 RS
2567	2567	(2) OTHER PROGRAMS.—Funds appropriated by 1
2568	2568	this Act that are made available for the following 2
2569	2569	programs and activities shall be subject to the reg-3
2570	2570	ular notification procedures of the Committees on 4
2571	2571	Appropriations: 5
2572	2572	(A) the Global Engagement Center; 6
2573	2573	(B) the Power Africa and Prosper Africa 7
2574	2574	initiatives; 8
2575	2575	(C) community-based police assistance con-9
2576	2576	ducted pursuant to the authority of section 10
2577	2577	7035(a)(1) of this Act; 11
2578	2578	(D) the Prevention and Stabilization Fund 12
2579	2579	and the Multi-Donor Global Fragility Fund; 13
2580	2580	(E) the Indo-Pacific Strategy; 14
2581	2581	(F) the Countering PRC Influence Fund 15
2582	2582	and the Countering Russian Influence Fund; 16
2583	2583	(G) the Gender Equity and Equality Ac-17
2584	2584	tion Fund; and 18
2585	2585	(H) funds specifically allocated for the 19
2586	2586	Partnership for Global Infrastructure and In-20
2587	2587	vestment. 21
2588	2588	(3) D
2589	2589	EMOCRACY PROGRAM POLICY AND PROCE -22
2590	2590	DURES.—Modifications to democracy program policy 23
2591	2591	and procedures, including relating to the use of con-24
2592	2592	sortia, by the Department of State and USAID shall 25 100
2593	2593	•S 2438 RS
2594	2594	be subject to prior consultation with, and the regular 1
2595	2595	notification procedures of, the Committees on Ap-2
2596	2596	propriations. 3
2597	2597	(4) A
2598	2598	RMS SALES.—The reports, notifications, 4
2599	2599	and certifications, and any other documents, re-5
2600	2600	quired to be submitted pursuant to section 36(a) of 6
2601	2601	the Arms Export Control Act (22 U.S.C. 2776), and 7
2602	2602	such documents submitted pursuant to section 36(b) 8
2603	2603	through (d) of such Act with respect to countries 9
2604	2604	that have received assistance provided with funds 10
2605	2605	appropriated by this Act or prior Acts making ap-11
2606	2606	propriations for the Department of State, foreign 12
2607	2607	operations, and related programs, shall be concur-13
2608	2608	rently submitted to the Committees on Appropria-14
2609	2609	tions and shall include information about the source 15
2610	2610	of funds for any sale or transfer, as applicable, if 16
2611	2611	known at the time of submission. 17
2612	2612	(i) W
2613	2613	ITHHOLDING OF FUNDS.—Funds appropriated 18
2614	2614	by this Act under titles III and IV that are withheld from 19
2615	2615	obligation or otherwise not programmed as a result of ap-20
2616	2616	plication of a provision of law in this or any other Act 21
2617	2617	shall, if reprogrammed, be subject to the regular notifica-22
2618	2618	tion procedures of the Committees on Appropriations. 23
2619	2619	(j) P
2620	2620	RIORCONSULTATIONREQUIREMENT.—The Sec-24
2621	2621	retary of State, the Administrator of the United States 25 101
2622	2622	•S 2438 RS
2623	2623	Agency for International Development, the Chief Execu-1
2624	2624	tive Officer of the United States International Develop-2
2625	2625	ment Finance Corporation, and the Chief Executive Offi-3
2626	2626	cer of the Millennium Challenge Corporation shall consult 4
2627	2627	with the Committees on Appropriations at least 7 days 5
2628	2628	prior to informing a government of, or publicly announc-6
2629	2629	ing a decision on, the suspension or early termination of 7
2630	2630	assistance to a country or a territory, including as a result 8
2631	2631	of an interagency review of such assistance, from funds 9
2632	2632	appropriated by this Act or prior Acts making appropria-10
2633	2633	tions for the Department of State, foreign operations, and 11
2634	2634	related programs: Provided, That such consultation shall 12
2635	2635	include a detailed justification for such suspension, includ-13
2636	2636	ing a description of the assistance being suspended. 14
2637	2637	DOCUMENTS, REPORT POSTING, RECORDS MANAGEMENT , 15
2638	2638	AND RELATED CYBERSECURITY PROTECTIONS 16
2639	2639	S
2640	2640	EC. 7016. (a) DOCUMENTREQUESTS.—None of the 17
2641	2641	funds appropriated or made available pursuant to titles 18
2642	2642	III through VI of this Act shall be available to a non-19
2643	2643	governmental organization, including any contractor, 20
2644	2644	which fails to provide upon timely request any document, 21
2645	2645	file, or record necessary to the auditing requirements of 22
2646	2646	the Department of State and the United States Agency 23
2647	2647	for International Development. 24
2648	2648	(b) P
2649	2649	UBLICPOSTING OFREPORTS.— 25 102
2650	2650	•S 2438 RS
2651	2651	(1) Except as provided in paragraphs (2) and 1
2652	2652	(3), any report required by this Act to be submitted 2
2653	2653	to Congress by any Federal agency receiving funds 3
2654	2654	made available by this Act shall be posted on the 4
2655	2655	public Web site of such agency not later than 45 5
2656	2656	days following the receipt of such report by Con-6
2657	2657	gress. 7
2658	2658	(2) Paragraph (1) shall not apply to a report 8
2659	2659	if— 9
2660	2660	(A) the public posting of the report would 10
2661	2661	compromise national security, including the 11
2662	2662	conduct of diplomacy; 12
2663	2663	(B) the report contains proprietary or 13
2664	2664	other privileged information; or 14
2665	2665	(C) the public posting of the report is spe-15
2666	2666	cifically exempted in the report accompanying 16
2667	2667	this Act. 17
2668	2668	(3) The agency posting such report shall do so 18
2669	2669	only after the report has been made available to the 19
2670	2670	Committees on Appropriations. 20
2671	2671	(c) R
2672	2672	ECORDSMANAGEMENT AND RELATEDCYBER-21
2673	2673	SECURITYPROTECTIONS.—The Secretary of State and 22
2674	2674	USAID Administrator shall— 23
2675	2675	(1) regularly review and update the policies, di-24
2676	2676	rectives, and oversight necessary to comply with 25 103
2677	2677	•S 2438 RS
2678	2678	Federal statutes, regulations, and presidential execu-1
2679	2679	tive orders and memoranda concerning the preserva-2
2680	2680	tion of all records made or received in the conduct 3
2681	2681	of official business, including record emails, instant 4
2682	2682	messaging, and other online tools; 5
2683	2683	(2) use funds appropriated by this Act under 6
2684	2684	the headings ‘‘Diplomatic Programs’’ and ‘‘Capital 7
2685	2685	Investment Fund’’ in title I, and ‘‘Operating Ex-8
2686	2686	penses’’ and ‘‘Capital Investment Fund’’ in title II, 9
2687	2687	as appropriate, to improve Federal records manage-10
2688	2688	ment pursuant to the Federal Records Act (44 11
2689	2689	U.S.C. Chapters 21, 29, 31, and 33) and other ap-12
2690	2690	plicable Federal records management statutes, regu-13
2691	2691	lations, or policies for the Department of State and 14
2692	2692	USAID; 15
2693	2693	(3) direct departing employees, including senior 16
2694	2694	officials, that all Federal records generated by such 17
2695	2695	employees belong to the Federal Government; 18
2696	2696	(4) substantially reduce, compared to the pre-19
2697	2697	vious fiscal year, the response time for identifying 20
2698	2698	and retrieving Federal records, including requests 21
2699	2699	made pursuant to section 552 of title 5, United 22
2700	2700	States Code (commonly known as the ‘‘Freedom of 23
2701	2701	Information Act’’); and 24 104
2702	2702	•S 2438 RS
2703	2703	(5) strengthen cybersecurity measures to miti-1
2704	2704	gate vulnerabilities, including those resulting from 2
2705	2705	the use of personal email accounts or servers outside 3
2706	2706	the .gov domain, improve the process to identify and 4
2707	2707	remove inactive user accounts, update and enforce 5
2708	2708	guidance related to the control of national security 6
2709	2709	information, and implement the recommendations of 7
2710	2710	the applicable reports of the cognizant Office of In-8
2711	2711	spector General. 9
2712	2712	USE OF FUNDS IN CONTRAVENTION OF THIS ACT 10
2713	2713	S
2714	2714	EC. 7017. If the President makes a determination 11
2715	2715	not to comply with any provision of this Act on constitu-12
2716	2716	tional grounds, the head of the relevant Federal agency 13
2717	2717	shall notify the Committees on Appropriations in writing 14
2718	2718	within 5 days of such determination, the basis for such 15
2719	2719	determination and any resulting changes to program or 16
2720	2720	policy. 17
2721	2721	PROHIBITION ON FUNDING FOR ABORTIONS AND 18
2722	2722	INVOLUNTARY STERILIZATION 19
2723	2723	S
2724	2724	EC. 7018. None of the funds made available to carry 20
2725	2725	out part I of the Foreign Assistance Act of 1961, as 21
2726	2726	amended, may be used to pay for the performance of abor-22
2727	2727	tions as a method of family planning or to motivate or 23
2728	2728	coerce any person to practice abortions. None of the funds 24
2729	2729	made available to carry out part I of the Foreign Assist-25 105
2730	2730	•S 2438 RS
2731	2731	ance Act of 1961, as amended, may be used to pay for 1
2732	2732	the performance of involuntary sterilization as a method 2
2733	2733	of family planning or to coerce or provide any financial 3
2734	2734	incentive to any person to undergo sterilizations. None of 4
2735	2735	the funds made available to carry out part I of the Foreign 5
2736	2736	Assistance Act of 1961, as amended, may be used to pay 6
2737	2737	for any biomedical research which relates in whole or in 7
2738	2738	part, to methods of, or the performance of, abortions or 8
2739	2739	involuntary sterilization as a means of family planning. 9
2740	2740	None of the funds made available to carry out part I of 10
2741	2741	the Foreign Assistance Act of 1961, as amended, may be 11
2742	2742	obligated or expended for any country or organization if 12
2743	2743	the President certifies that the use of these funds by any 13
2744	2744	such country or organization would violate any of the 14
2745	2745	above provisions related to abortions and involuntary steri-15
2746	2746	lizations. 16
2747	2747	ALLOCATIONS AND REPORTS 17
2748	2748	S
2749	2749	EC. 7019. (a) ALLOCATIONTABLES.—Subject to 18
2750	2750	subsection (b), funds appropriated by this Act under titles 19
2751	2751	III through V shall be made available in the amounts spe-20
2752	2752	cifically designated in the respective tables included in the 21
2753	2753	report accompanying this Act: Provided, That such des-22
2754	2754	ignated amounts for foreign countries and international 23
2755	2755	organizations shall serve as the amounts for such coun-24
2756	2756	tries and international organizations transmitted to Con-25 106
2757	2757	•S 2438 RS
2758	2758	gress in the report required by section 653(a) of the For-1
2759	2759	eign Assistance Act of 1961, and shall be made available 2
2760	2760	for such foreign countries and international organizations 3
2761	2761	notwithstanding the date of the transmission of such re-4
2762	2762	port. 5
2763	2763	(b) A
2764	2764	UTHORIZED DEVIATIONS.—Unless otherwise 6
2765	2765	provided for by this Act, the Secretary of State and the 7
2766	2766	Administrator of the United States Agency for Inter-8
2767	2767	national Development, as applicable, may only deviate up 9
2768	2768	to 10 percent below the amounts specifically designated 10
2769	2769	in the respective tables included in the report accom-11
2770	2770	panying this Act: Provided, That such percentage may be 12
2771	2771	exceeded only if the Secretary of State or USAID Admin-13
2772	2772	istrator, as applicable, determines and reports in writing 14
2773	2773	to the Committees on Appropriations on a case-by-case 15
2774	2774	basis that such deviation is necessary to respond to signifi-16
2775	2775	cant, exigent, or unforeseen events, or to address other 17
2776	2776	exceptional circumstances directly related to the national 18
2777	2777	security interest of the United States, including a descrip-19
2778	2778	tion of such events or circumstances: Provided further, 20
2779	2779	That deviations pursuant to the preceding proviso shall 21
2780	2780	be subject to prior consultation with, and the regular noti-22
2781	2781	fication procedures of, the Committees on Appropriations. 23
2782	2782	(c) L
2783	2783	IMITATION.—For specifically designated 24
2784	2784	amounts that are included, pursuant to subsection (a), in 25 107
2785	2785	•S 2438 RS
2786	2786	the report required by section 653(a) of the Foreign As-1
2787	2787	sistance Act of 1961, deviations authorized by subsection 2
2788	2788	(b) may only take place after submission of such report. 3
2789	2789	(d) E
2790	2790	XCEPTIONS.— 4
2791	2791	(1) Subsections (a) and (b) shall not apply to— 5
2792	2792	(A) amounts designated for ‘‘International 6
2793	2793	Military Education and Training’’ in the re-7
2794	2794	spective tables included in the report accom-8
2795	2795	panying this Act; 9
2796	2796	(B) funds for which the initial period of 10
2797	2797	availability has expired; and 11
2798	2798	(C) amounts designated by this Act as 12
2799	2799	minimum funding requirements. 13
2800	2800	(2) The authority of subsection (b) to deviate 14
2801	2801	from amounts designated in the respective tables in-15
2802	2802	cluded in the report accompanying this Act shall not 16
2803	2803	apply to the table included under the heading ‘‘Glob-17
2804	2804	al Health Programs’’ in such statement. 18
2805	2805	(3) With respect to the amounts designated for 19
2806	2806	‘‘Global Programs’’ in the table under the heading 20
2807	2807	‘‘Economic Support Fund’’ included in the report 21
2808	2808	accompanying this Act, the matter preceding the 22
2809	2809	first proviso in subsection (b) of this section shall be 23
2810	2810	applied by substituting ‘‘5 percent from’’ for ‘‘10 24 108
2811	2811	•S 2438 RS
2812	2812	percent below’’, and the provisos in such subsection 1
2813	2813	(b) shall not apply. 2
2814	2814	(e) R
2815	2815	EPORTS.—The Secretary of State, USAID Ad-3
2816	2816	ministrator, and other designated officials, as appropriate, 4
2817	2817	shall submit the reports required, in the manner described, 5
2818	2818	in the report accompanying this Act. 6
2819	2819	(f) C
2820	2820	LARIFICATION.—Funds appropriated by this Act 7
2821	2821	under the headings ‘‘International Disaster Assistance’’ 8
2822	2822	and ‘‘Migration and Refugee Assistance’’ shall not be in-9
2823	2823	cluded for purposes of meeting amounts designated for 10
2824	2824	countries in this Act, unless such headings are specifically 11
2825	2825	designated as the source of funds. 12
2826	2826	MULTI-YEAR PLEDGES 13
2827	2827	S
2828	2828	EC. 7020. None of the funds appropriated or other-14
2829	2829	wise made available by this Act may be used to make any 15
2830	2830	pledge for future year funding for any multilateral or bi-16
2831	2831	lateral program funded in titles III through VI of this Act 17
2832	2832	unless such pledge was: (1) previously justified, including 18
2833	2833	the projected future year costs, in a congressional budget 19
2834	2834	justification; (2) included in an Act making appropriations 20
2835	2835	for the Department of State, foreign operations, and re-21
2836	2836	lated programs or previously authorized by an Act of Con-22
2837	2837	gress; (3) notified in accordance with the regular notifica-23
2838	2838	tion procedures of the Committees on Appropriations, in-24
2839	2839	cluding the projected future year costs; or (4) the subject 25 109
2840	2840	•S 2438 RS
2841	2841	of prior consultation with the Committees on Appropria-1
2842	2842	tions and such consultation was conducted at least 7 days 2
2843	2843	in advance of the pledge. 3
2844	2844	PROHIBITION ON ASSISTANCE TO GOVERNMENTS 4
2845	2845	SUPPORTING INTERNATIONAL TERRORISM 5
2846	2846	S
2847	2847	EC. 7021. (a) LETHALMILITARYEQUIPMENTEX-6
2848	2848	PORTS.— 7
2849	2849	(1) P
2850	2850	ROHIBITION.—None of the funds appro-8
2851	2851	priated or otherwise made available under titles III 9
2852	2852	through VI of this Act may be made available to any 10
2853	2853	foreign government which provides lethal military 11
2854	2854	equipment to a country the government of which the 12
2855	2855	Secretary of State has determined supports inter-13
2856	2856	national terrorism for purposes of section 1754(c) of 14
2857	2857	the Export Reform Control Act of 2018 (50 U.S.C. 15
2858	2858	4813(c)): Provided, That the prohibition under this 16
2859	2859	section with respect to a foreign government shall 17
2860	2860	terminate 12 months after that government ceases 18
2861	2861	to provide such military equipment: Provided further, 19
2862	2862	That this section applies with respect to lethal mili-20
2863	2863	tary equipment provided under a contract entered 21
2864	2864	into after October 1, 1997. 22
2865	2865	(2) D
2866	2866	ETERMINATION.—Assistance restricted by 23
2867	2867	paragraph (1) or any other similar provision of law, 24
2868	2868	may be furnished if the President determines that to 25 110
2869	2869	•S 2438 RS
2870	2870	do so is important to the national interest of the 1
2871	2871	United States. 2
2872	2872	(3) R
2873	2873	EPORT.—Whenever the President makes a 3
2874	2874	determination pursuant to paragraph (2), the Presi-4
2875	2875	dent shall submit to the Committees on Appropria-5
2876	2876	tions a report with respect to the furnishing of such 6
2877	2877	assistance, including a detailed explanation of the 7
2878	2878	assistance to be provided, the estimated dollar 8
2879	2879	amount of such assistance, and an explanation of 9
2880	2880	how the assistance furthers the United States na-10
2881	2881	tional interest. 11
2882	2882	(b) B
2883	2883	ILATERALASSISTANCE.— 12
2884	2884	(1) L
2885	2885	IMITATIONS.—Funds appropriated for bi-13
2886	2886	lateral assistance in titles III through VI of this Act 14
2887	2887	and funds appropriated under any such title in prior 15
2888	2888	Acts making appropriations for the Department of 16
2889	2889	State, foreign operations, and related programs, 17
2890	2890	shall not be made available to any foreign govern-18
2891	2891	ment which the President determines— 19
2892	2892	(A) grants sanctuary from prosecution to 20
2893	2893	any individual or group which has committed 21
2894	2894	an act of international terrorism; 22
2895	2895	(B) otherwise supports international ter-23
2896	2896	rorism; or 24 111
2897	2897	•S 2438 RS
2898	2898	(C) is controlled by an organization des-1
2899	2899	ignated as a terrorist organization under sec-2
2900	2900	tion 219 of the Immigration and Nationality 3
2901	2901	Act (8 U.S.C. 1189). 4
2902	2902	(2) W
2903	2903	AIVER.—The President may waive the ap-5
2904	2904	plication of paragraph (1) to a government if the 6
2905	2905	President determines that national security or hu-7
2906	2906	manitarian reasons justify such waiver: Provided, 8
2907	2907	That the President shall publish each such waiver in 9
2908	2908	the Federal Register and, at least 15 days before the 10
2909	2909	waiver takes effect, shall notify the Committees on 11
2910	2910	Appropriations of the waiver (including the justifica-12
2911	2911	tion for the waiver) in accordance with the regular 13
2912	2912	notification procedures of the Committees on Appro-14
2913	2913	priations. 15
2914	2914	AUTHORIZATION REQUIREMENTS 16
2915	2915	S
2916	2916	EC. 7022. Funds appropriated by this Act, except 17
2917	2917	funds appropriated under the heading ‘‘Trade and Devel-18
2918	2918	opment Agency’’, may be obligated and expended notwith-19
2919	2919	standing section 10 of Public Law 91–672 (22 U.S.C. 20
2920	2920	2412), section 15 of the State Department Basic Authori-21
2921	2921	ties Act of 1956 (22 U.S.C. 2680), section 313 of the For-22
2922	2922	eign Relations Authorization Act, Fiscal Years 1994 and 23
2923	2923	1995 (22 U.S.C. 6212), and section 504(a)(1) of the Na-24
2924	2924	tional Security Act of 1947 (50 U.S.C. 3094(a)(1)). 25 112
2925	2925	•S 2438 RS
2926	2926	DEFINITION OF PROGRAM , PROJECT, AND ACTIVITY 1
2927	2927	S
2928	2928	EC. 7023. For the purpose of titles II through VI 2
2929	2929	of this Act, ‘‘program, project, and activity’’ shall be de-3
2930	2930	fined at the appropriations Act account level and shall in-4
2931	2931	clude all appropriations and authorizations Acts funding 5
2932	2932	directives, ceilings, and limitations with the exception that 6
2933	2933	for the ‘‘Economic Support Fund’’, ‘‘Assistance for Eu-7
2934	2934	rope, Eurasia and Central Asia’’, and ‘‘Foreign Military 8
2935	2935	Financing Program’’ accounts, ‘‘program, project, and ac-9
2936	2936	tivity’’ shall also be considered to include country, re-10
2937	2937	gional, and central program level funding within each such 11
2938	2938	account, and for the development assistance accounts of 12
2939	2939	the United States Agency for International Development, 13
2940	2940	‘‘program, project, and activity’’ shall also be considered 14
2941	2941	to include central, country, regional, and program level 15
2942	2942	funding, either as— 16
2943	2943	(1) justified to Congress; or 17
2944	2944	(2) allocated by the Executive Branch in ac-18
2945	2945	cordance with the report required by section 653(a) 19
2946	2946	of the Foreign Assistance Act of 1961 or as modi-20
2947	2947	fied pursuant to section 7019 of this Act. 21 113
2948	2948	•S 2438 RS
2949	2949	AUTHORITIES FOR THE PEACE CORPS , INTER-AMERICAN 1
2950	2950	FOUNDATION, AND UNITED STATES AFRICAN DEVEL -2
2951	2951	OPMENT FOUNDATION 3
2952	2952	S
2953	2953	EC. 7024. Unless expressly provided to the contrary, 4
2954	2954	provisions of this or any other Act, including provisions 5
2955	2955	contained in prior Acts authorizing or making appropria-6
2956	2956	tions for the Department of State, foreign operations, and 7
2957	2957	related programs, shall not be construed to prohibit activi-8
2958	2958	ties authorized by or conducted under the Peace Corps 9
2959	2959	Act, the Inter-American Foundation Act, or the African 10
2960	2960	Development Foundation Act: Provided, That prior to con-11
2961	2961	ducting activities in a country for which assistance is pro-12
2962	2962	hibited, the agency shall consult with the Committees on 13
2963	2963	Appropriations and report to such Committees within 15 14
2964	2964	days of taking such action. 15
2965	2965	COMMERCE, TRADE AND SURPLUS COMMODITIES 16
2966	2966	S
2967	2967	EC. 7025. (a) WORLDMARKETS.—None of the 17
2968	2968	funds appropriated or made available pursuant to titles 18
2969	2969	III through VI of this Act for direct assistance and none 19
2970	2970	of the funds otherwise made available to the Export-Im-20
2971	2971	port Bank and the United States International Develop-21
2972	2972	ment Finance Corporation shall be obligated or expended 22
2973	2973	to finance any loan, any assistance, or any other financial 23
2974	2974	commitments for establishing or expanding production of 24
2975	2975	any commodity for export by any country other than the 25 114
2976	2976	•S 2438 RS
2977	2977	United States, if the commodity is likely to be in surplus 1
2978	2978	on world markets at the time the resulting productive ca-2
2979	2979	pacity is expected to become operative and if the assist-3
2980	2980	ance will cause substantial injury to United States pro-4
2981	2981	ducers of the same, similar, or competing commodity: Pro-5
2982	2982	vided, That such prohibition shall not apply to the Export- 6
2983	2983	Import Bank if in the judgment of its Board of Directors 7
2984	2984	the benefits to industry and employment in the United 8
2985	2985	States are likely to outweigh the injury to United States 9
2986	2986	producers of the same, similar, or competing commodity, 10
2987	2987	and the Chairman of the Board so notifies the Committees 11
2988	2988	on Appropriations: Provided further, That this subsection 12
2989	2989	shall not prohibit— 13
2990	2990	(1) activities in a country that is eligible for as-14
2991	2991	sistance from the International Development Asso-15
2992	2992	ciation, is not eligible for assistance from the Inter-16
2993	2993	national Bank for Reconstruction and Development, 17
2994	2994	and does not export on a consistent basis the agri-18
2995	2995	cultural commodity with respect to which assistance 19
2996	2996	is furnished; or 20
2997	2997	(2) activities in a country the President deter-21
2998	2998	mines is recovering from widespread conflict, a hu-22
2999	2999	manitarian crisis, or a complex emergency. 23
3000	3000	(b) E
3001	3001	XPORTS.—None of the funds appropriated by 24
3002	3002	this or any other Act to carry out chapter 1 of part I 25 115
3003	3003	•S 2438 RS
3004	3004	of the Foreign Assistance Act of 1961 shall be available 1
3005	3005	for any testing or breeding feasibility study, variety im-2
3006	3006	provement or introduction, consultancy, publication, con-3
3007	3007	ference, or training in connection with the growth or pro-4
3008	3008	duction in a foreign country of an agricultural commodity 5
3009	3009	for export which would compete with a similar commodity 6
3010	3010	grown or produced in the United States: Provided, That 7
3011	3011	this subsection shall not prohibit— 8
3012	3012	(1) activities designed to increase food security 9
3013	3013	in developing countries where such activities will not 10
3014	3014	have a significant impact on the export of agricul-11
3015	3015	tural commodities of the United States; 12
3016	3016	(2) research activities intended primarily to 13
3017	3017	benefit United States producers; 14
3018	3018	(3) activities in a country that is eligible for as-15
3019	3019	sistance from the International Development Asso-16
3020	3020	ciation, is not eligible for assistance from the Inter-17
3021	3021	national Bank for Reconstruction and Development, 18
3022	3022	and does not export on a consistent basis the agri-19
3023	3023	cultural commodity with respect to which assistance 20
3024	3024	is furnished; or 21
3025	3025	(4) activities in a country the President deter-22
3026	3026	mines is recovering from widespread conflict, a hu-23
3027	3027	manitarian crisis, or a complex emergency. 24 116
3028	3028	•S 2438 RS
3029	3029	(c) INTERNATIONAL FINANCIALINSTITUTIONS.— 1
3030	3030	The Secretary of the Treasury shall instruct the United 2
3031	3031	States executive director of each international financial in-3
3032	3032	stitution to use the voice and vote of the United States 4
3033	3033	to oppose any assistance by such institution, using funds 5
3034	3034	appropriated or otherwise made available by this Act, for 6
3035	3035	the production or extraction of any commodity or mineral 7
3036	3036	for export, if it is in surplus on world markets and if the 8
3037	3037	assistance will cause substantial injury to United States 9
3038	3038	producers of the same, similar, or competing commodity. 10
3039	3039	SEPARATE ACCOUNTS 11
3040	3040	S
3041	3041	EC. 7026. (a) SEPARATEACCOUNTS FOR LOCAL 12
3042	3042	C
3043	3043	URRENCIES.— 13
3044	3044	(1) A
3045	3045	GREEMENTS.—If assistance is furnished to 14
3046	3046	the government of a foreign country under chapters 15
3047	3047	1 and 10 of part I or chapter 4 of part II of the 16
3048	3048	Foreign Assistance Act of 1961 under agreements 17
3049	3049	which result in the generation of local currencies of 18
3050	3050	that country, the Administrator of the United States 19
3051	3051	Agency for International Development shall— 20
3052	3052	(A) require that local currencies be depos-21
3053	3053	ited in a separate account established by that 22
3054	3054	government; 23
3055	3055	(B) enter into an agreement with that gov-24
3056	3056	ernment which sets forth— 25 117
3057	3057	•S 2438 RS
3058	3058	(i) the amount of the local currencies 1
3059	3059	to be generated; and 2
3060	3060	(ii) the terms and conditions under 3
3061	3061	which the currencies so deposited may be 4
3062	3062	utilized, consistent with this section; and 5
3063	3063	(C) establish by agreement with that gov-6
3064	3064	ernment the responsibilities of USAID and that 7
3065	3065	government to monitor and account for deposits 8
3066	3066	into and disbursements from the separate ac-9
3067	3067	count. 10
3068	3068	(2) U
3069	3069	SES OF LOCAL CURRENCIES .—As may be 11
3070	3070	agreed upon with the foreign government, local cur-12
3071	3071	rencies deposited in a separate account pursuant to 13
3072	3072	subsection (a), or an equivalent amount of local cur-14
3073	3073	rencies, shall be used only— 15
3074	3074	(A) to carry out chapter 1 or 10 of part 16
3075	3075	I or chapter 4 of part II of the Foreign Assist-17
3076	3076	ance Act of 1961 (as the case may be), for such 18
3077	3077	purposes as— 19
3078	3078	(i) project and sector assistance activi-20
3079	3079	ties; or 21
3080	3080	(ii) debt and deficit financing; or 22
3081	3081	(B) for the administrative requirements of 23
3082	3082	the United States Government. 24 118
3083	3083	•S 2438 RS
3084	3084	(3) PROGRAMMING ACCOUNTABILITY .—USAID 1
3085	3085	shall take all necessary steps to ensure that the 2
3086	3086	equivalent of the local currencies disbursed pursuant 3
3087	3087	to subsection (a)(2)(A) from the separate account 4
3088	3088	established pursuant to subsection (a)(1) are used 5
3089	3089	for the purposes agreed upon pursuant to subsection 6
3090	3090	(a)(2). 7
3091	3091	(4) T
3092	3092	ERMINATION OF ASSISTANCE PRO -8
3093	3093	GRAMS.—Upon termination of assistance to a coun-9
3094	3094	try under chapter 1 or 10 of part I or chapter 4 of 10
3095	3095	part II of the Foreign Assistance Act of 1961 (as 11
3096	3096	the case may be), any unencumbered balances of 12
3097	3097	funds which remain in a separate account estab-13
3098	3098	lished pursuant to subsection (a) shall be disposed of 14
3099	3099	for such purposes as may be agreed to by the gov-15
3100	3100	ernment of that country and the United States Gov-16
3101	3101	ernment. 17
3102	3102	(b) S
3103	3103	EPARATEACCOUNTS FORCASHTRANSFERS.— 18
3104	3104	(1) I
3105	3105	N GENERAL.—If assistance is made avail-19
3106	3106	able to the government of a foreign country, under 20
3107	3107	chapter 1 or 10 of part I or chapter 4 of part II of 21
3108	3108	the Foreign Assistance Act of 1961, as cash transfer 22
3109	3109	assistance or as nonproject sector assistance, that 23
3110	3110	country shall be required to maintain such funds in 24 119
3111	3111	•S 2438 RS
3112	3112	a separate account and not commingle with any 1
3113	3113	other funds. 2
3114	3114	(2) A
3115	3115	PPLICABILITY OF OTHER PROVISIONS OF 3
3116	3116	LAW.—Such funds may be obligated and expended 4
3117	3117	notwithstanding provisions of law which are incon-5
3118	3118	sistent with the nature of this assistance, including 6
3119	3119	provisions which are referenced in the Joint Explan-7
3120	3120	atory Statement of the Committee of Conference ac-8
3121	3121	companying House Joint Resolution 648 (House Re-9
3122	3122	port No. 98–1159). 10
3123	3123	(3) N
3124	3124	OTIFICATION.—At least 15 days prior to 11
3125	3125	obligating any such cash transfer or nonproject sec-12
3126	3126	tor assistance, the President shall submit a notifica-13
3127	3127	tion through the regular notification procedures of 14
3128	3128	the Committees on Appropriations, which shall in-15
3129	3129	clude a detailed description of how the funds pro-16
3130	3130	posed to be made available will be used, with a dis-17
3131	3131	cussion of the United States interests that will be 18
3132	3132	served by such assistance (including, as appropriate, 19
3133	3133	a description of the economic policy reforms that will 20
3134	3134	be promoted by such assistance). 21
3135	3135	(4) E
3136	3136	XEMPTION.—Nonproject sector assistance 22
3137	3137	funds may be exempt from the requirements of para-23
3138	3138	graph (1) only through the regular notification pro-24
3139	3139	cedures of the Committees on Appropriations. 25 120
3140	3140	•S 2438 RS
3141	3141	ELIGIBILITY FOR ASSISTANCE 1
3142	3142	S
3143	3143	EC. 7027. (a) ASSISTANCETHROUGHNONGOVERN-2
3144	3144	MENTALORGANIZATIONS.—Restrictions contained in this 3
3145	3145	or any other Act with respect to assistance for a country 4
3146	3146	shall not be construed to restrict assistance in support of 5
3147	3147	programs of nongovernmental organizations from funds 6
3148	3148	appropriated by this Act to carry out the provisions of 7
3149	3149	chapters 1, 10, 11, and 12 of part I and chapter 4 of 8
3150	3150	part II of the Foreign Assistance Act of 1961 and from 9
3151	3151	funds appropriated under the heading ‘‘Assistance for Eu-10
3152	3152	rope, Eurasia and Central Asia’’: Provided, That before 11
3153	3153	using the authority of this subsection to furnish assistance 12
3154	3154	in support of programs of nongovernmental organizations, 13
3155	3155	the President shall notify the Committees on Appropria-14
3156	3156	tions pursuant to the regular notification procedures, in-15
3157	3157	cluding a description of the program to be assisted, the 16
3158	3158	assistance to be provided, and the reasons for furnishing 17
3159	3159	such assistance: Provided further, That nothing in this 18
3160	3160	subsection shall be construed to alter any existing statu-19
3161	3161	tory prohibitions against abortion or involuntary steriliza-20
3162	3162	tions contained in this or any other Act. 21
3163	3163	(b) P
3164	3164	UBLICLAW480.—During fiscal year 2024, re-22
3165	3165	strictions contained in this or any other Act with respect 23
3166	3166	to assistance for a country shall not be construed to re-24
3167	3167	strict assistance under the Food for Peace Act (Public 25 121
3168	3168	•S 2438 RS
3169	3169	Law 83–480; 7 U.S.C. 1721 et seq.): Provided, That none 1
3170	3170	of the funds appropriated to carry out title I of such Act 2
3171	3171	and made available pursuant to this subsection may be 3
3172	3172	obligated or expended except as provided through the reg-4
3173	3173	ular notification procedures of the Committees on Appro-5
3174	3174	priations. 6
3175	3175	(c) E
3176	3176	XCEPTION.—This section shall not apply— 7
3177	3177	(1) with respect to section 620A of the Foreign 8
3178	3178	Assistance Act of 1961 or any comparable provision 9
3179	3179	of law prohibiting assistance to countries that sup-10
3180	3180	port international terrorism; or 11
3181	3181	(2) with respect to section 116 of the Foreign 12
3182	3182	Assistance Act of 1961 or any comparable provision 13
3183	3183	of law prohibiting assistance to the government of a 14
3184	3184	country that violates internationally recognized 15
3185	3185	human rights. 16
3186	3186	DISABILITY PROGRAMS 17
3187	3187	S
3188	3188	EC. 7028. (a) ASSISTANCE.—Funds appropriated by 18
3189	3189	this Act under the heading ‘‘Development Assistance’’ 19
3190	3190	shall be made available for programs and activities admin-20
3191	3191	istered by the United States Agency for International De-21
3192	3192	velopment to address the needs and protect and promote 22
3193	3193	the rights of people with disabilities in developing coun-23
3194	3194	tries, including initiatives that focus on independent living, 24
3195	3195	economic self-sufficiency, advocacy, education, employ-25 122
3196	3196	•S 2438 RS
3197	3197	ment, transportation, sports, political and electoral par-1
3198	3198	ticipation, and integration of individuals with disabilities, 2
3199	3199	including for the cost of translation: Provided, That funds 3
3200	3200	shall be made available to support disability rights advo-4
3201	3201	cacy organizations in developing countries. 5
3202	3202	(b) M
3203	3203	ANAGEMENT, OVERSIGHT, ANDTECHNICAL 6
3204	3204	S
3205	3205	UPPORT.—Of the funds made available pursuant to this 7
3206	3206	section, 5 percent may be used by USAID for manage-8
3207	3207	ment, oversight, and technical support. 9
3208	3208	INTERNATIONAL FINANCIAL INSTITUTIONS 10
3209	3209	S
3210	3210	EC. 7029. (a) EVALUATIONS.—The Secretary of the 11
3211	3211	Treasury shall instruct the United States executive direc-12
3212	3212	tor of each international financial institution to use the 13
3213	3213	voice of the United States to encourage such institution 14
3214	3214	to adopt and implement a publicly available policy, includ-15
3215	3215	ing the strategic use of peer reviews and external experts, 16
3216	3216	to conduct independent, in-depth evaluations of the effec-17
3217	3217	tiveness of at least 35 percent of all loans, grants, pro-18
3218	3218	grams, and significant analytical non-lending activities in 19
3219	3219	advancing the institution’s goals of reducing poverty and 20
3220	3220	promoting equitable economic growth, consistent with rel-21
3221	3221	evant safeguards, to ensure that decisions to support such 22
3222	3222	loans, grants, programs, and activities are based on accu-23
3223	3223	rate data and objective analysis. 24
3224	3224	(b) S
3225	3225	AFEGUARDS.— 25 123
3226	3226	•S 2438 RS
3227	3227	(1) STANDARD.—The Secretary of the Treasury 1
3228	3228	shall instruct the United States Executive Director 2
3229	3229	of the International Bank for Reconstruction and 3
3230	3230	Development and the International Development As-4
3231	3231	sociation to use the voice and vote of the United 5
3232	3232	States to oppose any loan, grant, policy, or strategy 6
3233	3233	if such institution has adopted and is implementing 7
3234	3234	any social or environmental safeguard relevant to 8
3235	3235	such loan, grant, policy, or strategy that provides 9
3236	3236	less protection than World Bank safeguards in effect 10
3237	3237	on September 30, 2015. 11
3238	3238	(2) A
3239	3239	CCOUNTABILITY, STANDARDS, AND BEST 12
3240	3240	PRACTICES.—The Secretary of the Treasury shall in-13
3241	3241	struct the United States executive director of each 14
3242	3242	international financial institution to use the voice 15
3243	3243	and vote of the United States to oppose loans or 16
3244	3244	other financing for projects unless such projects— 17
3245	3245	(A) provide for accountability and trans-18
3246	3246	parency, including the collection, verification, 19
3247	3247	and publication of beneficial ownership informa-20
3248	3248	tion related to extractive industries and on-site 21
3249	3249	monitoring during the life of the project; 22
3250	3250	(B) will be developed and carried out in ac-23
3251	3251	cordance with best practices regarding environ-24
3252	3252	mental conservation, cultural protection, and 25 124
3253	3253	•S 2438 RS
3254	3254	empowerment of local populations, including 1
3255	3255	free, prior and informed consent of affected In-2
3256	3256	digenous communities; 3
3257	3257	(C) do not provide incentives for, or facili-4
3258	3258	tate, forced displacement or other violations of 5
3259	3259	human rights; and 6
3260	3260	(D) do not partner with or otherwise in-7
3261	3261	volve enterprises owned or controlled by the 8
3262	3262	armed forces. 9
3263	3263	(c) C
3264	3264	OMPENSATION.—None of the funds appro-10
3265	3265	priated under title V of this Act may be made as payment 11
3266	3266	to any international financial institution while the United 12
3267	3267	States executive director to such institution is com-13
3268	3268	pensated by the institution at a rate which, together with 14
3269	3269	whatever compensation such executive director receives 15
3270	3270	from the United States, is in excess of the rate provided 16
3271	3271	for an individual occupying a position at level IV of the 17
3272	3272	Executive Schedule under section 5315 of title 5, United 18
3273	3273	States Code, or while any alternate United States execu-19
3274	3274	tive director to such institution is compensated by the in-20
3275	3275	stitution at a rate in excess of the rate provided for an 21
3276	3276	individual occupying a position at level V of the Executive 22
3277	3277	Schedule under section 5316 of title 5, United States 23
3278	3278	Code. 24 125
3279	3279	•S 2438 RS
3280	3280	(d) HUMANRIGHTS.—The Secretary of the Treasury 1
3281	3281	shall instruct the United States executive director of each 2
3282	3282	international financial institution to use the voice and vote 3
3283	3283	of the United States to promote human rights due dili-4
3284	3284	gence and risk management, as appropriate, in connection 5
3285	3285	with any loan, grant, policy, or strategy of such institution 6
3286	3286	in accordance with the requirements specified under this 7
3287	3287	section in the report accompanying this Act. 8
3288	3288	(e) F
3289	3289	RAUD ANDCORRUPTION.—The Secretary of the 9
3290	3290	Treasury shall instruct the United States executive direc-10
3291	3291	tor of each international financial institution to use the 11
3292	3292	voice of the United States to include in loan, grant, and 12
3293	3293	other financing agreements improvements in borrowing 13
3294	3294	countries’ financial management and judicial capacity to 14
3295	3295	investigate, prosecute, and punish fraud and corruption. 15
3296	3296	(f) B
3297	3297	ENEFICIALOWNERSHIPINFORMATION.—The 16
3298	3298	Secretary of the Treasury shall instruct the United States 17
3299	3299	executive director of each international financial institu-18
3300	3300	tion to use the voice of the United States to encourage 19
3301	3301	such institution to collect, verify, and publish, to the max-20
3302	3302	imum extent practicable, beneficial ownership information 21
3303	3303	(excluding proprietary information) for any corporation or 22
3304	3304	limited liability company, other than a publicly listed com-23
3305	3305	pany, that receives funds from any such financial institu-24
3306	3306	tion. 25 126
3307	3307	•S 2438 RS
3308	3308	(g) WHISTLEBLOWERPROTECTIONS.—The Secretary 1
3309	3309	of the Treasury shall instruct the United States executive 2
3310	3310	director of each international financial institution to use 3
3311	3311	the voice of the United States to encourage such institu-4
3312	3312	tion to effectively implement and enforce policies and pro-5
3313	3313	cedures which meet or exceed best practices in the United 6
3314	3314	States for the protection of whistleblowers from retalia-7
3315	3315	tion, including— 8
3316	3316	(1) protection against retaliation for internal 9
3317	3317	and lawful public disclosure; 10
3318	3318	(2) legal burdens of proof; 11
3319	3319	(3) statutes of limitation for reporting retalia-12
3320	3320	tion; 13
3321	3321	(4) access to binding independent adjudicative 14
3322	3322	bodies, including shared cost and selection external 15
3323	3323	arbitration; and 16
3324	3324	(5) results that eliminate the effects of proven 17
3325	3325	retaliation, including provision for the restoration of 18
3326	3326	prior employment. 19
3327	3327	(h) G
3328	3328	RIEVANCEMECHANISMS AND PROCEDURES.— 20
3329	3329	The Secretary of the Treasury shall instruct the United 21
3330	3330	States executive director of each international financial in-22
3331	3331	stitution to use the voice and vote of the United States 23
3332	3332	to support independent investigative and adjudicative 24
3333	3333	mechanisms and procedures that meet or exceed best prac-25 127
3334	3334	•S 2438 RS
3335	3335	tices in the United States to provide due process and fair 1
3336	3336	compensation, including the right to reinstatement, for 2
3337	3337	employees who are subjected to harassment, discrimina-3
3338	3338	tion, retaliation, false allegations, or other misconduct. 4
3339	3339	(i) C
3340	3340	APITALINCREASES.—None of the funds appro-5
3341	3341	priated by this Act may be made available to support a 6
3342	3342	new capital increase for an international financial institu-7
3343	3343	tion unless the President submits a budget request for 8
3344	3344	such increase to Congress and determines and reports to 9
3345	3345	the Committees on Appropriations that— 10
3346	3346	(1) the institution has completed a thorough 11
3347	3347	analysis of the development challenges facing the rel-12
3348	3348	evant geographical region, the role of the institution 13
3349	3349	in addressing such challenges and its role relative to 14
3350	3350	other financing partners, and the steps to be taken 15
3351	3351	to enhance the efficiency and effectiveness of the in-16
3352	3352	stitution; and 17
3353	3353	(2) the governors of such institution have ap-18
3354	3354	proved the capital increase. 19
3355	3355	ECONOMIC RESILIENCE INITIATIVE 20
3356	3356	S
3357	3357	EC. 7030. (a) ASSISTANCE.—Of the funds appro-21
3358	3358	priated by this Act under the heading ‘‘Economic Support 22
3359	3359	Fund’’, not less than $263,000,000 shall be made avail-23
3360	3360	able for the Economic Resilience Initiative, the purposes 24
3361	3361	of which include enhancing United States and partner 25 128
3362	3362	•S 2438 RS
3363	3363	country economic security and stability, including through 1
3364	3364	investments in strategic infrastructure overseas and secur-2
3365	3365	ing critical supply chains, and other efforts to counter eco-3
3366	3366	nomic coercion: Provided, That such funds are in addition 4
3367	3367	to funds otherwise made available for such purposes by 5
3368	3368	this Act, including funds made available under the heading 6
3369	3369	‘‘Treasury International Assistance Programs’’: Provided 7
3370	3370	further, That funds made available by this subsection may 8
3371	3371	only be made available following consultation with, and the 9
3372	3372	regular notification procedure of, the Committees on Ap-10
3373	3373	propriations: Provided further, That such funds shall be 11
3374	3374	made available as follows— 12
3375	3375	(1) not less than $75,000,000 for a Strategic 13
3376	3376	Infrastructure Investment Fund, to be administered 14
3377	3377	by the Secretary of State, in consultation with the 15
3378	3378	heads of other relevant Federal agencies: Provided, 16
3379	3379	That such funds may be transferred to, and merged 17
3380	3380	with, funds appropriated by this Act to the Export- 18
3381	3381	Import Bank of the United States under the heading 19
3382	3382	‘‘Program Account’’, to the United States Inter-20
3383	3383	national Development Finance Corporation under 21
3384	3384	the heading ‘‘Corporate Capital Account’’, and under 22
3385	3385	the heading ‘‘Trade and Development Agency’’: Pro-23
3386	3386	vided further, That such transfer authority is in ad-24
3387	3387	dition to any other transfer authority provided by 25 129
3388	3388	•S 2438 RS
3389	3389	this Act or any other Act, and is subject to the reg-1
3390	3390	ular notification procedures of the Committees on 2
3391	3391	Appropriations; 3
3392	3392	(2) not less than $75,000,000 to enhance crit-4
3393	3393	ical mineral supply chain security; 5
3394	3394	(3) not less than $63,000,000 for programs ad-6
3395	3395	ministered by the USAID Administrator to bolster 7
3396	3396	economic resilience, consistent with the strategy re-8
3397	3397	quired in subsection (f); and 9
3398	3398	(4) not less than $50,000,000 for digital 10
3399	3399	connectivity, cybersecurity, and related technology 11
3400	3400	programs, including through the Digital Connectivity 12
3401	3401	and Cybersecurity Partnership, to— 13
3402	3402	(A) advance the adoption of secure, next- 14
3403	3403	generation communications networks and serv-15
3404	3404	ices, including 5G, and cybersecurity policies, in 16
3405	3405	countries receiving assistance under this Act 17
3406	3406	and prior Acts making appropriations for the 18
3407	3407	Department of State, foreign operations, and 19
3408	3408	related programs: Provided, That such funds 20
3409	3409	may support cyber incident preparation, reme-21
3410	3410	diation, and recovery; 22
3411	3411	(B) counter the establishment of insecure 23
3412	3412	communications networks and services, includ-24
3413	3413	ing 5G, promoted by the People’s Republic of 25 130
3414	3414	•S 2438 RS
3415	3415	China and other state-backed enterprises that 1
3416	3416	are subject to undue or extrajudicial control by 2
3417	3417	their country of origin; and 3
3418	3418	(C) provide policy and technical training 4
3419	3419	on deploying open, interoperable, reliable, and 5
3420	3420	secure networks to information communication 6
3421	3421	technology professionals in countries receiving 7
3422	3422	assistance under this Act, as appropriate: 8
3423	3423	Provided further, That funds appropriated by this 9
3424	3424	Act and prior Acts making appropriations for the 10
3425	3425	Department of State, foreign operations, and related 11
3426	3426	programs, including funds appropriated under the 12
3427	3427	heading ‘‘Economic Support Fund’’, may be used to 13
3428	3428	strengthen civilian cybersecurity and information 14
3429	3429	and communications technology capacity, including 15
3430	3430	participation of foreign law enforcement and military 16
3431	3431	personnel in non-military activities, notwithstanding 17
3432	3432	any other provision of law and following consultation 18
3433	3433	with the Committees on Appropriations. 19
3434	3434	(b) L
3435	3435	OANGUARANTEES.—Funds appropriated under 20
3436	3436	the headings ‘‘Economic Support Fund’’ and ‘‘Assistance 21
3437	3437	for Europe, Eurasia and Central Asia’’ by this Act and 22
3438	3438	prior Acts making appropriations for the Department of 23
3439	3439	State, foreign operations, and related programs, including 24
3440	3440	funds made available pursuant to this section, may be 25 131
3441	3441	•S 2438 RS
3442	3442	made available for the costs, as defined in section 502 of 1
3443	3443	the Congressional Budget Act of 1974, of loan guarantees, 2
3444	3444	which are authorized to be provided and which shall be 3
3445	3445	administered by the United States Agency for Inter-4
3446	3446	national Development unless otherwise provided for by 5
3447	3447	this Act or any other provision of law: Provided, That 6
3448	3448	amounts made available under this paragraph for the costs 7
3449	3449	of such guarantees shall not be considered assistance for 8
3450	3450	the purposes of provisions of law limiting assistance to a 9
3451	3451	country: Provided further, That funds made available pur-10
3452	3452	suant to the authorities of this subsection shall be subject 11
3453	3453	to prior consultation with the appropriate congressional 12
3454	3454	committees and the regular notification procedures of the 13
3455	3455	Committees on Appropriations. 14
3456	3456	(c) CHIPS
3457	3457	FORAMERICAINTERNATIONAL TECH-15
3458	3458	NOLOGYSECURITY ANDINNOVATIONFUND.— 16
3459	3459	(1) Within 45 days of enactment of this Act, 17
3460	3460	the Secretary of State shall allocate amounts made 18
3461	3461	available from the Creating Helpful Incentives to 19
3462	3462	Produce Semiconductors (CHIPS) for America 20
3463	3463	International Technology Security and Innovation 21
3464	3464	Fund for fiscal year 2024 pursuant to the transfer 22
3465	3465	authority in section 102(c)(1) of the CHIPS Act of 23
3466	3466	2022 (division A of Public Law 117–167), to the ac-24
3467	3467	counts specified and in the amounts specified, in the 25 132
3468	3468	•S 2438 RS
3469	3469	table titled ‘‘CHIPS for America International Tech-1
3470	3470	nology Security and Innovation Fund’’ in the report 2
3471	3471	accompanying this Act: Provided, That such funds 3
3472	3472	shall be subject to prior consultation with, and the 4
3473	3473	regular notification procedures of, the Committees 5
3474	3474	on Appropriations. 6
3475	3475	(2) Neither the President nor his designee may 7
3476	3476	allocate any amounts that are made available for 8
3477	3477	any fiscal year under section 102(c)(2) of the 9
3478	3478	CHIPS Act of 2022 if there is in effect an Act mak-10
3479	3479	ing or continuing appropriations for part of a fiscal 11
3480	3480	year for the Department of State, Foreign Oper-12
3481	3481	ations, and Related Programs: Provided, That in any 13
3482	3482	fiscal year, the matter preceding this proviso shall 14
3483	3483	not apply to the allocation, apportionment, or allot-15
3484	3484	ment of amounts for continuing administration of 16
3485	3485	programs allocated using funds transferred from the 17
3486	3486	CHIPS for America International Technology Secu-18
3487	3487	rity and Innovation Fund, which may be allocated 19
3488	3488	pursuant to the transfer authority in section 20
3489	3489	102(c)(1) of the CHIPS Act of 2022 only in 21
3490	3490	amounts that are no more than the allocation for 22
3491	3491	such purposes in paragraph (1) of this subsection. 23
3492	3492	(3) Concurrent with the annual budget submis-24
3493	3493	sion of the President for fiscal year 2025, the Sec-25 133
3494	3494	•S 2438 RS
3495	3495	retary of State shall submit to the Committees on 1
3496	3496	Appropriations proposed allocations by account and 2
3497	3497	by program, project, or activity, with detailed jus-3
3498	3498	tifications, for amounts made available under section 4
3499	3499	102(c)(2) of the CHIPS Act of 2022 for fiscal year 5
3500	3500	2025. 6
3501	3501	(4) The Secretary of State shall provide the 7
3502	3502	Committees on Appropriations quarterly reports on 8
3503	3503	the status of balances of projects and activities fund-9
3504	3504	ed by the CHIPS for America International Tech-10
3505	3505	nology Security and Innovation Fund for amounts 11
3506	3506	allocated pursuant to paragraph (1) of this sub-12
3507	3507	section, including all uncommitted, committed, and 13
3508	3508	unobligated funds. 14
3509	3509	(5) Amounts transferred to the Export-Import 15
3510	3510	Bank and the United States International Develop-16
3511	3511	ment Finance Corporation pursuant to the transfer 17
3512	3512	authority in section 102(c)(1) of the CHIPS Act of 18
3513	3513	2022 (division A of Public Law 117–167) may be 19
3514	3514	made available for the costs of direct loans and loan 20
3515	3515	guarantees, including the cost of modifying such 21
3516	3516	loans, as defined in section 502 of the Congressional 22
3517	3517	Budget Act of 1974. 23
3518	3518	(6) Notwithstanding any other provision of law, 24
3519	3519	none of the funds made available by this Act for the 25 134
3520	3520	•S 2438 RS
3521	3521	Creating Helpful Incentives to Produce Semiconduc-1
3522	3522	tors (CHIPS) for America International Technology 2
3523	3523	Security and Innovation Fund may be expended in 3
3524	3524	grants or contracts to private entities that are plan-4
3525	3525	ning to expand their production of semiconductor 5
3526	3526	chips in the People’s Republic of China or enter into 6
3527	3527	joint ventures with private entities subject to the ju-7
3528	3528	risdiction to the Chinese Communist Party and the 8
3529	3529	government of the People’s Republic of China for 9
3530	3530	the purposes of expanding semiconductor chip pro-10
3531	3531	duction outside of the People’s Republic of China. 11
3532	3532	(d) E
3533	3533	CONOMICANALYSIS.—Of the funds made avail-12
3534	3534	able by this Act under the heading ‘‘Diplomatic Pro-13
3535	3535	grams’’, not less than $2,000,000 shall be made available 14
3536	3536	for the Office of the Chief Economist, Department of 15
3537	3537	State, including to increase the capacity of such Office to 16
3538	3538	support the implementation of the strategy required pur-17
3539	3539	suant to subsection (f): Provided, That the Secretary of 18
3540	3540	State shall prioritize legislative requests necessary to 19
3541	3541	maximize implementation of such strategy in the fiscal 20
3542	3542	year 2025 budget request. 21
3543	3543	(e) T
3544	3544	RILATERALPROGRAMS.—Funds made available 22
3545	3545	pursuant to subsection (a) shall be made available to the 23
3546	3546	Department of State and USAID for trilateral programs 24 135
3547	3547	•S 2438 RS
3548	3548	with partner countries, including Japan and South Korea, 1
3549	3549	to further the objectives of this section. 2
3550	3550	(f) S
3551	3551	TRATEGY.—Not later than 90 days after the 3
3552	3552	date of enactment of this Act, the Secretary of State, Sec-4
3553	3553	retary of the Treasury, and USAID Administrator, in con-5
3554	3554	sultation with the heads of other relevant Federal agencies 6
3555	3555	and following consultation with the Committees on Appro-7
3556	3556	priations, shall jointly submit a strategy to the Commit-8
3557	3557	tees on Appropriations detailing the planned uses of funds 9
3558	3558	provided by this Act, prior Acts making appropriations for 10
3559	3559	the Department of State, foreign operations, and related 11
3560	3560	programs, and other Acts, consistent with the purposes 12
3561	3561	of this section, including through cooperation with the pri-13
3562	3562	vate sector. 14
3563	3563	FINANCIAL MANAGEMENT , BUDGET TRANSPARENCY , AND 15
3564	3564	ANTI-CORRUPTION 16
3565	3565	S
3566	3566	EC. 7031. (a) LIMITATION ONDIRECTGOVERN-17
3567	3567	MENT-TO-GOVERNMENTASSISTANCE.— 18
3568	3568	(1) R
3569	3569	EQUIREMENTS.—Funds appropriated by 19
3570	3570	this Act may be made available for direct govern-20
3571	3571	ment-to-government assistance only if— 21
3572	3572	(A) the requirements included in section 22
3573	3573	7031(a)(1)(A) through (E) of the Department 23
3574	3574	of State, Foreign Operations, and Related Pro-24 136
3575	3575	•S 2438 RS
3576	3576	grams Appropriations Act, 2019 (division F of 1
3577	3577	Public Law 116–6) are fully met; and 2
3578	3578	(B) the government of the recipient coun-3
3579	3579	try is taking steps to reduce corruption. 4
3580	3580	(2) C
3581	3581	ONSULTATION AND NOTIFICATION .—In 5
3582	3582	addition to the requirements in paragraph (1), funds 6
3583	3583	may only be made available for direct government- 7
3584	3584	to-government assistance subject to prior consulta-8
3585	3585	tion with, and the regular notification procedures of, 9
3586	3586	the Committees on Appropriations: Provided, That 10
3587	3587	such notification shall contain an explanation of how 11
3588	3588	the proposed activity meets the requirements of 12
3589	3589	paragraph (1): Provided further, That the require-13
3590	3590	ments of this paragraph shall only apply to direct 14
3591	3591	government-to-government assistance in excess of 15
3592	3592	$10,000,000 and all funds available for cash trans-16
3593	3593	fer, budget support, and cash payments to individ-17
3594	3594	uals. 18
3595	3595	(3) S
3596	3596	USPENSION OF ASSISTANCE .—The Admin-19
3597	3597	istrator of the United States Agency for Inter-20
3598	3598	national Development or the Secretary of State, as 21
3599	3599	appropriate, shall suspend any direct government-to- 22
3600	3600	government assistance if the Administrator or the 23
3601	3601	Secretary has credible information of material mis-24
3602	3602	use of such assistance, unless the Administrator or 25 137
3603	3603	•S 2438 RS
3604	3604	the Secretary reports to the Committees on Appro-1
3605	3605	priations that it is in the national interest of the 2
3606	3606	United States to continue such assistance, including 3
3607	3607	a justification, or that such misuse has been appro-4
3608	3608	priately addressed. 5
3609	3609	(4) S
3610	3610	UBMISSION OF INFORMATION .—The Sec-6
3611	3611	retary of State shall submit to the Committees on 7
3612	3612	Appropriations, concurrent with the fiscal year 2025 8
3613	3613	congressional budget justification materials, amounts 9
3614	3614	planned for assistance described in paragraph (1) by 10
3615	3615	country, proposed funding amount, source of funds, 11
3616	3616	and type of assistance. 12
3617	3617	(5) D
3618	3618	EBT SERVICE PAYMENT PROHIBITION .— 13
3619	3619	None of the funds made available by this Act may 14
3620	3620	be used by the government of any foreign country 15
3621	3621	for debt service payments owed by any country to 16
3622	3622	any international financial institution. 17
3623	3623	(b) N
3624	3624	ATIONALBUDGET AND CONTRACTTRANS-18
3625	3625	PARENCY.— 19
3626	3626	(1) M
3627	3627	INIMUM REQUIREMENTS OF FISCAL 20
3628	3628	TRANSPARENCY.—The Secretary of State shall con-21
3629	3629	tinue to update and strengthen the ‘‘minimum re-22
3630	3630	quirements of fiscal transparency’’ for each govern-23
3631	3631	ment receiving assistance appropriated by this Act, 24
3632	3632	as identified in the report required by section 25 138
3633	3633	•S 2438 RS
3634	3634	7031(b) of the Department of State, Foreign Oper-1
3635	3635	ations, and Related Programs Appropriations Act, 2
3636	3636	2014 (division K of Public Law 113–76). 3
3637	3637	(2) D
3638	3638	ETERMINATION AND REPORT .—For each 4
3639	3639	government identified pursuant to paragraph (1), 5
3640	3640	the Secretary of State, not later than 180 days after 6
3641	3641	the date of enactment of this Act, shall make or up-7
3642	3642	date any determination of ‘‘significant progress’’ or 8
3643	3643	‘‘no significant progress’’ in meeting the minimum 9
3644	3644	requirements of fiscal transparency, and make such 10
3645	3645	determinations publicly available in an annual ‘‘Fis-11
3646	3646	cal Transparency Report’’ to be posted on the De-12
3647	3647	partment of State website: Provided, That such re-13
3648	3648	port shall include the elements included under this 14
3649	3649	section in the report accompanying this Act. 15
3650	3650	(3) A
3651	3651	SSISTANCE.—Not less than $7,000,000 of 16
3652	3652	the funds appropriated by this Act under the head-17
3653	3653	ing ‘‘Economic Support Fund’’ shall be made avail-18
3654	3654	able for programs and activities to assist govern-19
3655	3655	ments identified pursuant to paragraph (1) to im-20
3656	3656	prove budget transparency and to support civil soci-21
3657	3657	ety organizations in such countries that promote 22
3658	3658	budget transparency. 23
3659	3659	(c) A
3660	3660	NTI-KLEPTOCRACY ANDHUMANRIGHTS.— 24
3661	3661	(1) I
3662	3662	NELIGIBILITY.— 25 139
3663	3663	•S 2438 RS
3664	3664	(A) Officials of foreign governments and 1
3665	3665	their immediate family members about whom 2
3666	3666	the Secretary of State has credible information 3
3667	3667	have been involved, directly or indirectly, in sig-4
3668	3668	nificant corruption, including corruption related 5
3669	3669	to the extraction of natural resources, or a 6
3670	3670	gross violation of human rights, including the 7
3671	3671	wrongful detention of locally employed staff of 8
3672	3672	a United States diplomatic mission or a United 9
3673	3673	States citizen or national, shall be ineligible for 10
3674	3674	entry into the United States. 11
3675	3675	(B) Concurrent with the application of 12
3676	3676	subparagraph (A), the Secretary shall, as ap-13
3677	3677	propriate, refer the matter to the Office of For-14
3678	3678	eign Assets Control, Department of the Treas-15
3679	3679	ury, to determine whether to apply sanctions 16
3680	3680	authorities in accordance with United States 17
3681	3681	law to block the transfer of property and inter-18
3682	3682	ests in property, and all financial transactions, 19
3683	3683	in the United States involving any person de-20
3684	3684	scribed in such subparagraph. 21
3685	3685	(C) The Secretary shall also publicly or 22
3686	3686	privately designate or identify the officials of 23
3687	3687	foreign governments and their immediate family 24
3688	3688	members about whom the Secretary has such 25 140
3689	3689	•S 2438 RS
3690	3690	credible information without regard to whether 1
3691	3691	the individual has applied for a visa. 2
3692	3692	(2) E
3693	3693	XCEPTION.—Individuals shall not be ineli-3
3694	3694	gible for entry into the United States pursuant to 4
3695	3695	paragraph (1) if such entry would further important 5
3696	3696	United States law enforcement objectives or is nec-6
3697	3697	essary to permit the United States to fulfill its obli-7
3698	3698	gations under the United Nations Headquarters 8
3699	3699	Agreement: Provided, That nothing in paragraph (1) 9
3700	3700	shall be construed to derogate from United States 10
3701	3701	Government obligations under applicable inter-11
3702	3702	national agreements. 12
3703	3703	(3) W
3704	3704	AIVER.—The Secretary may waive the ap-13
3705	3705	plication of paragraph (1) if the Secretary deter-14
3706	3706	mines that the waiver would serve a compelling na-15
3707	3707	tional interest or that the circumstances which 16
3708	3708	caused the individual to be ineligible have changed 17
3709	3709	sufficiently. 18
3710	3710	(4) R
3711	3711	EPORT.—Not later than 30 days after the 19
3712	3712	date of enactment of this Act, and every 90 days 20
3713	3713	thereafter until September 30, 2025, the Secretary 21
3714	3714	of State shall submit a report, including a classified 22
3715	3715	annex if necessary, to the appropriate congressional 23
3716	3716	committees and the Committees on the Judiciary de-24
3717	3717	scribing the information related to corruption or vio-25 141
3718	3718	•S 2438 RS
3719	3719	lation of human rights concerning each of the indi-1
3720	3720	viduals found ineligible in the previous 12 months 2
3721	3721	pursuant to paragraph (1)(A) as well as the individ-3
3722	3722	uals who the Secretary designated or identified pur-4
3723	3723	suant to paragraph (1)(B), or who would be ineli-5
3724	3724	gible but for the application of paragraph (2), a list 6
3725	3725	of any waivers provided under paragraph (3), and 7
3726	3726	the justification for each waiver. 8
3727	3727	(5) P
3728	3728	OSTING OF REPORT .—Any unclassified 9
3729	3729	portion of the report required under paragraph (4) 10
3730	3730	shall be posted on the Department of State website. 11
3731	3731	(6) C
3732	3732	LARIFICATION.—For purposes of para-12
3733	3733	graphs (1), (4), and (5), the records of the Depart-13
3734	3734	ment of State and of diplomatic and consular offices 14
3735	3735	of the United States pertaining to the issuance or 15
3736	3736	refusal of visas or permits to enter the United 16
3737	3737	States shall not be considered confidential. 17
3738	3738	(d) E
3739	3739	XTRACTION OFNATURALRESOURCES.— 18
3740	3740	(1) A
3741	3741	SSISTANCE.—Funds appropriated by this 19
3742	3742	Act shall be made available to promote and support 20
3743	3743	transparency and accountability of expenditures and 21
3744	3744	revenues related to the extraction of natural re-22
3745	3745	sources, including by strengthening implementation 23
3746	3746	and monitoring of the Extractive Industries Trans-24
3747	3747	parency Initiative, implementing and enforcing sec-25 142
3748	3748	•S 2438 RS
3749	3749	tion 8204 of the Food, Conservation, and Energy 1
3750	3750	Act of 2008 (Public Law 110–246; 122 Stat. 2052) 2
3751	3751	and the amendments made by such section, and to 3
3752	3752	prevent the sale of conflict minerals, and for tech-4
3753	3753	nical assistance to promote independent audit mech-5
3754	3754	anisms and support civil society participation in nat-6
3755	3755	ural resource management. 7
3756	3756	(2) P
3757	3757	UBLIC DISCLOSURE AND INDEPENDENT 8
3758	3758	AUDITS.— 9
3759	3759	(A) The Secretary of the Treasury shall in-10
3760	3760	struct the executive director of each inter-11
3761	3761	national financial institution to use the voice 12
3762	3762	and vote of the United States to oppose any as-13
3763	3763	sistance by such institutions (including any 14
3764	3764	loan, credit, grant, or guarantee) to any coun-15
3765	3765	try for the extraction and export of a natural 16
3766	3766	resource if the government of such country has 17
3767	3767	in place laws, regulations, or procedures to pre-18
3768	3768	vent or limit the public disclosure of company 19
3769	3769	payments as required by United States law, and 20
3770	3770	unless such government has adopted laws, regu-21
3771	3771	lations, or procedures in the sector in which as-22
3772	3772	sistance is being considered that: (1) accurately 23
3773	3773	account for and publicly disclose payments to 24
3774	3774	the government by companies involved in the 25 143
3775	3775	•S 2438 RS
3776	3776	extraction and export of natural resources; (2) 1
3777	3777	include independent auditing of accounts receiv-2
3778	3778	ing such payments and the public disclosure of 3
3779	3779	such audits; and (3) require public disclosure of 4
3780	3780	agreement and bidding documents, as appro-5
3781	3781	priate. 6
3782	3782	(B) The requirements of subparagraph (A) 7
3783	3783	shall not apply to assistance for the purpose of 8
3784	3784	building the capacity of such government to 9
3785	3785	meet the requirements of such subparagraph. 10
3786	3786	DEMOCRACY PROGRAMS 11
3787	3787	S
3788	3788	EC. 7032. (a) FUNDING.— 12
3789	3789	(1) I
3790	3790	N GENERAL.—Of the funds appropriated 13
3791	3791	by this Act under the headings ‘‘Development As-14
3792	3792	sistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy 15
3793	3793	Fund’’, ‘‘Assistance for Europe, Eurasia and Cen-16
3794	3794	tral Asia’’, and ‘‘International Narcotics Control and 17
3795	3795	Law Enforcement’’, $2,900,000,000 should be made 18
3796	3796	available for democracy programs. 19
3797	3797	(2) P
3798	3798	ROGRAMS.—Of the funds made available 20
3799	3799	for democracy programs under the headings ‘‘Eco-21
3800	3800	nomic Support Fund’’ and ‘‘Assistance for Europe, 22
3801	3801	Eurasia and Central Asia’’ pursuant to paragraph 23
3802	3802	(1), not less than $159,240,000 shall be made avail-24 144
3803	3803	•S 2438 RS
3804	3804	able to the Bureau of Democracy, Human Rights, 1
3805	3805	and Labor, Department of State. 2
3806	3806	(b) A
3807	3807	UTHORITIES.— 3
3808	3808	(1) A
3809	3809	VAILABILITY.—Funds made available by 4
3810	3810	this Act for democracy programs pursuant to sub-5
3811	3811	section (a) and under the heading ‘‘National Endow-6
3812	3812	ment for Democracy’’ may be made available not-7
3813	3813	withstanding any other provision of law, and with 8
3814	3814	regard to the National Endowment for Democracy 9
3815	3815	(NED), any regulation. 10
3816	3816	(2) B
3817	3817	ENEFICIARIES.—Funds made available by 11
3818	3818	this Act for the NED are made available pursuant 12
3819	3819	to the authority of the National Endowment for De-13
3820	3820	mocracy Act (title V of Public Law 98–164), includ-14
3821	3821	ing all decisions regarding the selection of bene-15
3822	3822	ficiaries. 16
3823	3823	(c) D
3824	3824	EFINITION OFDEMOCRACYPROGRAMS.—For 17
3825	3825	purposes of funds appropriated by this Act, the term ‘‘de-18
3826	3826	mocracy programs’’ means programs that support good 19
3827	3827	governance, credible and competitive elections, freedom of 20
3828	3828	expression, association, assembly, and religion, human 21
3829	3829	rights, labor rights, independent media, and the rule of 22
3830	3830	law, and that otherwise strengthen the capacity of demo-23
3831	3831	cratic political parties, governments, nongovernmental or-24
3832	3832	ganizations and institutions, and citizens to support the 25 145
3833	3833	•S 2438 RS
3834	3834	development of democratic states and institutions that are 1
3835	3835	responsive and accountable to citizens. 2
3836	3836	(d) S
3837	3837	TRATEGY.—Not later than 180 days after the 3
3838	3838	date of enactment of this Act, the President shall submit 4
3839	3839	to the appropriate congressional committees a comprehen-5
3840	3840	sive five year strategy for the promotion of democracy 6
3841	3841	abroad, consistent with the definition of democracy pro-7
3842	3842	grams in subsection (c), to include protection of civil soci-8
3843	3843	ety activists and journalists and the strengthening of inde-9
3844	3844	pendent media: Provided, That such strategy shall also in-10
3845	3845	clude recommendations for funding levels for such pro-11
3846	3846	grams on a fiscal year-by-fiscal year basis, and a descrip-12
3847	3847	tion of specific programs to promote digital security, 13
3848	3848	counter disinformation and misinformation, and address 14
3849	3849	challenges to democracy associated with artificial intel-15
3850	3850	ligence: Provided further, That the Secretary of State and 16
3851	3851	USAID Administrator shall jointly consult with the appro-17
3852	3852	priate congressional committees prior to drafting such 18
3853	3853	strategy. 19
3854	3854	(e) R
3855	3855	ESTRICTIONS ON FOREIGNGOVERNMENT IN-20
3856	3856	TERFERENCE.— 21
3857	3857	(1) P
3858	3858	RIOR APPROVAL.—With respect to the pro-22
3859	3859	vision of assistance for democracy programs in this 23
3860	3860	Act, the organizations implementing such assistance, 24
3861	3861	the specific nature of the assistance, and the partici-25 146
3862	3862	•S 2438 RS
3863	3863	pants in such programs shall not be subject to prior 1
3864	3864	approval by the government of any foreign country. 2
3865	3865	(2) D
3866	3866	ISCLOSURE OF IMPLEMENTING PARTNER 3
3867	3867	INFORMATION.—If the Secretary of State, in con-4
3868	3868	sultation with the Administrator of the United 5
3869	3869	States Agency for International Development, deter-6
3870	3870	mines that the government of the country is un-7
3871	3871	democratic or has engaged in or condoned harass-8
3872	3872	ment, threats, or attacks against organizations im-9
3873	3873	plementing democracy programs, any new bilateral 10
3874	3874	agreement governing the terms and conditions under 11
3875	3875	which assistance is provided to such country shall 12
3876	3876	not require the disclosure of the names of imple-13
3877	3877	menting partners of democracy programs, and the 14
3878	3878	Secretary of State and the USAID Administrator 15
3879	3879	shall expeditiously seek to negotiate amendments to 16
3880	3880	existing bilateral agreements, as necessary, to con-17
3881	3881	form to this requirement. 18
3882	3882	(f) C
3883	3883	ONTINUATION OF CURRENTPRACTICES.— 19
3884	3884	USAID shall continue to implement civil society and polit-20
3885	3885	ical competition and consensus building programs abroad 21
3886	3886	with funds appropriated by this Act in a manner that rec-22
3887	3887	ognizes the unique benefits of grants and cooperative 23
3888	3888	agreements in implementing such programs. 24 147
3889	3889	•S 2438 RS
3890	3890	(g) DIGITALSECURITY AND COUNTERING 1
3891	3891	D
3892	3892	ISINFORMATION.—Funds appropriated by this Act shall 2
3893	3893	be made available to advance digital security and counter 3
3894	3894	disinformation as described under this section in the re-4
3895	3895	port accompanying this Act. 5
3896	3896	(h) I
3897	3897	NFORMING THE NATIONALENDOWMENT FOR 6
3898	3898	D
3899	3899	EMOCRACY.—The Assistant Secretary for Democracy, 7
3900	3900	Human Rights, and Labor, Department of State, and the 8
3901	3901	Assistant Administrator for Development, Democracy, 9
3902	3902	and Innovation, USAID, shall regularly inform the NED 10
3903	3903	of democracy programs that are planned and supported 11
3904	3904	with funds made available by this Act and prior Acts mak-12
3905	3905	ing appropriations for the Department of State, foreign 13
3906	3906	operations, and related programs. 14
3907	3907	(i) P
3908	3908	ROTECTION OFCIVILSOCIETYACTIVISTS AND 15
3909	3909	J
3910	3910	OURNALISTS.—Of the funds appropriated by this Act 16
3911	3911	under the headings ‘‘Economic Support Fund’’ and ‘‘De-17
3912	3912	mocracy Fund’’, not less than $30,000,000 shall be made 18
3913	3913	available to support and protect civil society activists and 19
3914	3914	journalists who have been threatened, harassed, or at-20
3915	3915	tacked, including journalists affiliated with the United 21
3916	3916	States Agency for Global Media. 22
3917	3917	(j) I
3918	3918	NTERNATIONALFREEDOM OFEXPRESSION AND 23
3919	3919	I
3920	3920	NDEPENDENT MEDIA.—Of the funds appropriated by 24
3921	3921	this Act under the heading ‘‘Economic Support Fund’’, 25 148
3922	3922	•S 2438 RS
3923	3923	not less than $20,000,000 shall be made available for pro-1
3924	3924	grams to protect international freedom of expression and 2
3925	3925	independent media, including through multilateral initia-3
3926	3926	tives, as described under this section in the report accom-4
3927	3927	panying this Act. 5
3928	3928	INTERNATIONAL RELIGIOUS FREEDOM 6
3929	3929	S
3930	3930	EC. 7033. (a) INTERNATIONAL RELIGIOUSFREE-7
3931	3931	DOMOFFICE.—Funds appropriated by this Act under the 8
3932	3932	heading ‘‘Diplomatic Programs’’ shall be made available 9
3933	3933	for the Office of International Religious Freedom, Depart-10
3934	3934	ment of State. 11
3935	3935	(b) A
3936	3936	SSISTANCE.—Funds appropriated by this Act 12
3937	3937	under the headings ‘‘Economic Support Fund’’, ‘‘Democ-13
3938	3938	racy Fund’’, and ‘‘International Broadcasting Operations’’ 14
3939	3939	shall be made available for international religious freedom 15
3940	3940	programs and funds appropriated by this Act under the 16
3941	3941	headings ‘‘International Disaster Assistance’’ and ‘‘Migra-17
3942	3942	tion and Refugee Assistance’’ shall be made available for 18
3943	3943	humanitarian assistance for vulnerable and persecuted 19
3944	3944	ethnic and religious minorities: Provided, That funds made 20
3945	3945	available by this Act under the headings ‘‘Economic Sup-21
3946	3946	port Fund’’ and ‘‘Democracy Fund’’ pursuant to this sec-22
3947	3947	tion shall be the responsibility of the Ambassador-at-Large 23
3948	3948	for International Religious Freedom, in consultation with 24
3949	3949	other relevant United States Government officials, and 25 149
3950	3950	•S 2438 RS
3951	3951	shall be subject to prior consultation with the Committees 1
3952	3952	on Appropriations. 2
3953	3953	(c) A
3954	3954	UTHORITY.—Funds appropriated by this Act 3
3955	3955	and prior Acts making appropriations for the Department 4
3956	3956	of State, foreign operations, and related programs under 5
3957	3957	the heading ‘‘Economic Support Fund’’ may be made 6
3958	3958	available notwithstanding any other provision of law for 7
3959	3959	assistance for ethnic and religious minorities in Iraq and 8
3960	3960	Syria. 9
3961	3961	(d) D
3962	3962	ESIGNATION OFNON-STATEACTORS.—Section 10
3963	3963	7033(e) of the Department of State, Foreign Operations, 11
3964	3964	and Related Programs Appropriations Act, 2017 (division 12
3965	3965	J of Public Law 115–31) shall continue in effect during 13
3966	3966	fiscal year 2024. 14
3967	3967	SPECIAL PROVISIONS 15
3968	3968	S
3969	3969	EC. 7034. (a) VICTIMS OFWAR, DISPLACEDCHIL-16
3970	3970	DREN, ANDDISPLACEDBURMESE.—Funds appropriated 17
3971	3971	in title III of this Act that are made available for victims 18
3972	3972	of war, displaced children, displaced Burmese, and to com-19
3973	3973	bat trafficking in persons and assist victims of such traf-20
3974	3974	ficking may be made available notwithstanding any other 21
3975	3975	provision of law. 22
3976	3976	(b) F
3977	3977	ORENSICASSISTANCE.— 23
3978	3978	(1) Of the funds appropriated by this Act under 24
3979	3979	the heading ‘‘Economic Support Fund’’, not less 25 150
3980	3980	•S 2438 RS
3981	3981	than $20,000,000 shall be made available for foren-1
3982	3982	sic anthropology assistance related to the exhuma-2
3983	3983	tion and identification of victims of war crimes, 3
3984	3984	crimes against humanity, and genocide, which shall 4
3985	3985	be administered by the Assistant Secretary for De-5
3986	3986	mocracy, Human Rights, and Labor, Department of 6
3987	3987	State: Provided, That such funds shall be in addition 7
3988	3988	to funds made available by this Act and prior Acts 8
3989	3989	making appropriations for the Department of State, 9
3990	3990	foreign operations, and related programs for assist-10
3991	3991	ance for countries. 11
3992	3992	(2) Of the funds appropriated by this Act under 12
3993	3993	the heading ‘‘International Narcotics Control and 13
3994	3994	Law Enforcement’’, not less than $10,000,000 shall 14
3995	3995	be made available for DNA forensic technology pro-15
3996	3996	grams to combat human trafficking in Central 16
3997	3997	America and Mexico. 17
3998	3998	(c) W
3999	3999	ORLDFOODPROGRAMME.—Unobligated bal-18
4000	4000	ances from funds managed by the Bureau for Humani-19
4001	4001	tarian Assistance, United States Agency for International 20
4002	4002	Development, which are made available from this or any 21
4003	4003	other Act, may be made available as a general contribution 22
4004	4004	to the World Food Programme, notwithstanding any other 23
4005	4005	provision of law. 24
4006	4006	(d) D
4007	4007	IRECTIVES ANDAUTHORITIES.— 25 151
4008	4008	•S 2438 RS
4009	4009	(1) RESEARCH AND TRAINING .—Funds appro-1
4010	4010	priated by this Act under the heading ‘‘Assistance 2
4011	4011	for Europe, Eurasia and Central Asia’’ shall be 3
4012	4012	made available to carry out the Program for Re-4
4013	4013	search and Training on Eastern Europe and the 5
4014	4014	Independent States of the Former Soviet Union as 6
4015	4015	authorized by the Soviet-Eastern European Research 7
4016	4016	and Training Act of 1983 (22 U.S.C. 4501 et seq.). 8
4017	4017	(2) G
4018	4018	ENOCIDE VICTIMS MEMORIAL SITES .— 9
4019	4019	Funds appropriated by this Act and prior Acts mak-10
4020	4020	ing appropriations for the Department of State, for-11
4021	4021	eign operations, and related programs under the 12
4022	4022	headings ‘‘Economic Support Fund’’ and ‘‘Assist-13
4023	4023	ance for Europe, Eurasia and Central Asia’’ may be 14
4024	4024	made available as contributions to establish and 15
4025	4025	maintain memorial sites of genocide, subject to the 16
4026	4026	regular notification procedures of the Committees on 17
4027	4027	Appropriations. 18
4028	4028	(3) P
4029	4029	RIVATE SECTOR PARTNERSHIPS .—Of the 19
4030	4030	funds appropriated by this Act under the headings 20
4031	4031	‘‘Development Assistance’’ and ‘‘Economic Support 21
4032	4032	Fund’’ that are made available for private sector 22
4033	4033	partnerships, including partnerships with philan-23
4034	4034	thropic foundations, up to $50,000,000 may remain 24
4035	4035	available until September 30, 2026: Provided, That 25 152
4036	4036	•S 2438 RS
4037	4037	funds made available pursuant to this paragraph 1
4038	4038	may only be made available following prior consulta-2
4039	4039	tion with, and the regular notification procedures of, 3
4040	4040	the Committees on Appropriations. 4
4041	4041	(4) A
4042	4042	DDITIONAL AUTHORITY .—Of the amounts 5
4043	4043	made available by this Act under the heading ‘‘Dip-6
4044	4044	lomatic Programs’’, up to $500,000 may be made 7
4045	4045	available for grants pursuant to section 504 of the 8
4046	4046	Foreign Relations Authorization Act, Fiscal Year 9
4047	4047	1979 (22 U.S.C. 2656d), including to facilitate col-10
4048	4048	laboration with Indigenous communities. 11
4049	4049	(5) I
4050	4050	NNOVATION.—The USAID Administrator 12
4051	4051	may use funds appropriated by this Act under title 13
4052	4052	III to make innovation incentive awards in accord-14
4053	4053	ance with the terms and conditions of section 15
4054	4054	7034(e)(4) of the Department of State, Foreign Op-16
4055	4055	erations, and Related Programs Appropriations Act, 17
4056	4056	2019 (division F of Public Law 116–6), except that 18
4057	4057	each individual award may not exceed $500,000. 19
4058	4058	(6) D
4059	4059	EVELOPMENT INNOVATION VENTURES .— 20
4060	4060	Funds appropriated by this Act under the heading 21
4061	4061	‘‘Development Assistance’’ and made available for 22
4062	4062	the Development Innovation Ventures program may 23
4063	4063	be made available for the purposes of chapter I of 24
4064	4064	part I of the Foreign Assistance Act of 1961. 25 153
4065	4065	•S 2438 RS
4066	4066	(7) EXCHANGE VISITOR PROGRAM .—None of 1
4067	4067	the funds made available by this Act may be used 2
4068	4068	to modify the Exchange Visitor Program adminis-3
4069	4069	tered by the Department of State to implement the 4
4070	4070	Mutual Educational and Cultural Exchange Act of 5
4071	4071	1961 (Public Law 87–256; 22 U.S.C. 2451 et seq.), 6
4072	4072	except through the formal rulemaking process pursu-7
4073	4073	ant to the Administrative Procedure Act (5 U.S.C. 8
4074	4074	551 et seq.) and notwithstanding the exceptions to 9
4075	4075	such rulemaking process in such Act: Provided, That 10
4076	4076	funds made available for such purpose shall only be 11
4077	4077	made available after consultation with, and subject 12
4078	4078	to the regular notification procedures of, the Com-13
4079	4079	mittees on Appropriations, regarding how any pro-14
4080	4080	posed modification would affect the public diplomacy 15
4081	4081	goals of, and the estimated economic impact on, the 16
4082	4082	United States: Provided further, That such consulta-17
4083	4083	tion shall take place not later than 30 days prior to 18
4084	4084	the publication in the Federal Register of any regu-19
4085	4085	latory action modifying the Exchange Visitor Pro-20
4086	4086	gram. 21
4087	4087	(8) P
4088	4088	AYMENTS.—Funds appropriated by this 22
4089	4089	Act and prior Acts making appropriations for the 23
4090	4090	Department of State, foreign operations, and related 24
4091	4091	programs under the headings ‘‘Diplomatic Pro-25 154
4092	4092	•S 2438 RS
4093	4093	grams’’ and ‘‘Operating Expenses’’, except for funds 1
4094	4094	designated by Congress as an emergency require-2
4095	4095	ment pursuant to a concurrent resolution on the 3
4096	4096	budget or the Balanced Budget and Emergency Def-4
4097	4097	icit Control Act of 1985, are available to provide 5
4098	4098	payments pursuant to section 901(i)(2) of title IX of 6
4099	4099	division J of the Further Consolidated Appropria-7
4100	4100	tions Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided, 8
4101	4101	That funds made available pursuant to this para-9
4102	4102	graph shall be subject to prior consultation with the 10
4103	4103	Committees on Appropriations. 11
4104	4104	(9) A
4105	4105	FGHAN ALLIES.—Section 602(b)(3)(F) of 12
4106	4106	the Afghan Allies Protection Act of 2009 (8 U.S.C. 13
4107	4107	1101 note) is amended— 14
4108	4108	(A) in the heading, by striking ‘‘2023’’ and 15
4109	4109	inserting ‘‘2029’’; 16
4110	4110	(B) in the matter preceding clause (i), in 17
4111	4111	the first sentence, by striking ‘‘38,500’’ and in-18
4112	4112	serting ‘‘58,500’’; and 19
4113	4113	(C) in clauses (i) and (ii), by striking ‘‘De-20
4114	4114	cember 31, 2024’’ and inserting ‘‘December 31, 21
4115	4115	2029’’; and 22
4116	4116	(D) in paragraph (13), in the matter pre-23
4117	4117	ceding subparagraph (A), by striking ‘‘January 24
4118	4118	31, 2025’’ and inserting ‘‘January 31, 2030’’. 25 155
4119	4119	•S 2438 RS
4120	4120	(e) PARTNERVETTING.—Prior to initiating a partner 1
4121	4121	vetting program, providing a direct vetting option, or mak-2
4122	4122	ing a significant change to the scope of an existing partner 3
4123	4123	vetting program, the Secretary of State and USAID Ad-4
4124	4124	ministrator, as appropriate, shall consult with the Com-5
4125	4125	mittees on Appropriations: Provided, That the Secretary 6
4126	4126	and the Administrator shall provide a direct vetting option 7
4127	4127	for prime awardees in any partner vetting program initi-8
4128	4128	ated or significantly modified after the date of enactment 9
4129	4129	of this Act, unless the Secretary of State or USAID Ad-10
4130	4130	ministrator, as applicable, informs the Committees on Ap-11
4131	4131	propriations on a case-by-case basis that a direct vetting 12
4132	4132	option is not feasible for such program. 13
4133	4133	(f) C
4134	4134	ONTINGENCIES.—During fiscal year 2024, the 14
4135	4135	President may use up to $145,000,000 under the author-15
4136	4136	ity of section 451 of the Foreign Assistance Act of 1961, 16
4137	4137	notwithstanding any other provision of law. 17
4138	4138	(g) I
4139	4139	NTERNATIONALCHILDABDUCTIONS.—The Sec-18
4140	4140	retary of State should withhold funds appropriated under 19
4141	4141	title III of this Act for assistance for the central govern-20
4142	4142	ment of any country that is not taking appropriate steps 21
4143	4143	to comply with the Convention on the Civil Aspects of 22
4144	4144	International Child Abductions, done at the Hague on Oc-23
4145	4145	tober 25, 1980: Provided, That the Secretary shall report 24 156
4146	4146	•S 2438 RS
4147	4147	to the Committees on Appropriations within 15 days of 1
4148	4148	withholding funds under this subsection. 2
4149	4149	(h) T
4150	4150	RANSFER OF FUNDS FOR EXTRAORDINARY 3
4151	4151	P
4152	4152	ROTECTION.—The Secretary of State may transfer to, 4
4153	4153	and merge with, funds under the heading ‘‘Protection of 5
4154	4154	Foreign Missions and Officials’’ unobligated balances of 6
4155	4155	expired funds appropriated under the heading ‘‘Diplomatic 7
4156	4156	Programs’’ for fiscal year 2024, at no later than the end 8
4157	4157	of the fifth fiscal year after the last fiscal year for which 9
4158	4158	such funds are available for the purposes for which appro-10
4159	4159	priated: Provided, That not more than $50,000,000 may 11
4160	4160	be transferred. 12
4161	4161	(i) P
4162	4162	ROTECTIONS AND REMEDIES FOREMPLOYEES 13
4163	4163	OFDIPLOMATICMISSIONS ANDINTERNATIONALORGANI-14
4164	4164	ZATIONS.—The terms and conditions of section 7034(k) 15
4165	4165	of the Department of State, Foreign Operations, and Re-16
4166	4166	lated Programs Appropriations Act, 2020 (division G of 17
4167	4167	Public Law 116–94) shall continue in effect during fiscal 18
4168	4168	year 2023. 19
4169	4169	(j) P
4170	4170	ERSONNEL.—Funds appropriated under the 20
4171	4171	headings ‘‘Diplomatic Programs’’ and ‘‘Migration and 21
4172	4172	Refugee Assistance’’ may be used to carry out section 2(c) 22
4173	4173	of the State Department Basic Authorities Act of 1956 23
4174	4174	(22 U.S.C. 2669(c)), section 636(a)(3) of the Foreign As-24
4175	4175	sistance Act of 1961 (22 U.S.C. 2396(a)(3)), and section 25 157
4176	4176	•S 2438 RS
4177	4177	5(a)(6) of the Migration and Refugee Assistance Act of 1
4178	4178	1962 (22 U.S.C. 2605(a)(6)), as appropriate, for employ-2
4179	4179	ing up to 200 individuals domestically without regard to 3
4180	4180	the geographic limitation referenced in such sections, fol-4
4181	4181	lowing consultation with the Committees on Appropria-5
4182	4182	tions: Provided, That funds under the heading ‘‘Migration 6
4183	4183	and Refugee Assistance’’ used for purposes of this sub-7
4184	4184	section shall only be used to employ up to 50 individuals 8
4185	4185	domestically who are assigned to the Bureau of Popu-9
4186	4186	lation, Refugees, and Migration. 10
4187	4187	(k) I
4188	4188	MPACT ONJOBS.—Section 7056 of the Depart-11
4189	4189	ment of State, Foreign Operations, and Related Programs 12
4190	4190	Appropriations Act, 2021 (division K of Public Law 116– 13
4191	4191	260) shall continue in effect during fiscal year 2024. 14
4192	4192	(l) E
4193	4193	XTENSION OFAUTHORITIES.— 15
4194	4194	(1) I
4195	4195	NCENTIVES FOR CRITICAL POSTS .—The 16
4196	4196	authority contained in section 1115(d) of the Sup-17
4197	4197	plemental Appropriations Act, 2009 (Public Law 18
4198	4198	111–32) shall remain in effect through September 19
4199	4199	30, 2024. 20
4200	4200	(2) C
4201	4201	ATEGORICAL ELIGIBILITY.—The Foreign 21
4202	4202	Operations, Export Financing, and Related Pro-22
4203	4203	grams Appropriations Act, 1990 (Public Law 101– 23
4204	4204	167) is amended— 24 158
4205	4205	•S 2438 RS
4206	4206	(A) in section 599D (8 U.S.C. 1157 1
4207	4207	note)— 2
4208	4208	(i) in subsection (b)(3), by striking 3
4209	4209	‘‘and 2023’’ and inserting ‘‘2023, and 4
4210	4210	2024’’; and 5
4211	4211	(ii) in subsection (e), by striking 6
4212	4212	‘‘2023’’ each place it appears and inserting 7
4213	4213	‘‘2024’’; and 8
4214	4214	(B) in section 599E(b)(2) (8 U.S.C. 1255 9
4215	4215	note), by striking ‘‘2023’’ and inserting 10
4216	4216	‘‘2024’’. 11
4217	4217	(3) S
4218	4218	PECIAL INSPECTOR GENERAL FOR AF -12
4219	4219	GHANISTAN RECONSTRUCTION COMPETITIVE STA -13
4220	4220	TUS.—Notwithstanding any other provision of law, 14
4221	4221	any employee of the Special Inspector General for 15
4222	4222	Afghanistan Reconstruction (SIGAR) who completes 16
4223	4223	at least 12 months of continuous service after enact-17
4224	4224	ment of this Act or who is employed on the date on 18
4225	4225	which SIGAR terminates, whichever occurs first, 19
4226	4226	shall acquire competitive status for appointment to 20
4227	4227	any position in the competitive service for which the 21
4228	4228	employee possesses the required qualifications. 22
4229	4229	(4) T
4230	4230	RANSFER OF BALANCES .—Section 7081(h) 23
4231	4231	of the Department of State, Foreign Operations, and 24
4232	4232	Related Programs Appropriations Act, 2017 (divi-25 159
4233	4233	•S 2438 RS
4234	4234	sion J of Public Law 115–31) shall continue in ef-1
4235	4235	fect during fiscal year 2024. 2
4236	4236	(5) P
4237	4237	ROTECTIVE SERVICES.—(A) Section 7071 3
4238	4238	of the Department of State, Foreign Operations, and 4
4239	4239	Related Programs Appropriations Act, 2022 (divi-5
4240	4240	sion K of Public Law 117–103) shall continue in ef-6
4241	4241	fect during fiscal year 2024 and shall be applied to 7
4242	4242	funds appropriated by this Act by substituting 8
4243	4243	‘‘$40,000,000’’ for ‘‘$30,000,000’’. 9
4244	4244	(B) Funds appropriated by this Act under the 10
4245	4245	heading ‘‘Diplomatic Programs’’ may be made avail-11
4246	4246	able for premium pay during fiscal year 2024 for in-12
4247	4247	dividuals employed by, and conducting protective 13
4248	4248	services on behalf of, the Diplomatic Security Serv-14
4249	4249	ice, notwithstanding any other provision of law: Pro-15
4250	4250	vided, That the aggregate of the employee’s basic 16
4251	4251	pay and premium pay for the year shall not exceed 17
4252	4252	the annual rate of basic pay for level II of the Exec-18
4253	4253	utive Schedule under section 5313 of title 5, United 19
4254	4254	States Code. 20
4255	4255	(m) M
4256	4256	ONITORING ANDEVALUATION.— 21
4257	4257	(1) B
4258	4258	ENEFICIARY FEEDBACK .—Funds appro-22
4259	4259	priated by this Act that are made available for moni-23
4260	4260	toring and evaluation of assistance under the head-24
4261	4261	ings ‘‘Development Assistance’’, ‘‘International Dis-25 160
4262	4262	•S 2438 RS
4263	4263	aster Assistance’’, and ‘‘Migration and Refugee As-1
4264	4264	sistance’’ shall be made available for the regular and 2
4265	4265	systematic collection of feedback obtained directly 3
4266	4266	from beneficiaries to enhance the quality and rel-4
4267	4267	evance of such assistance: Provided, That not later 5
4268	4268	than 90 days after the date of enactment of this 6
4269	4269	Act, the Secretary of State and USAID Adminis-7
4270	4270	trator shall submit to the Committees on Appropria-8
4271	4271	tions, and post on their respective websites, updated 9
4272	4272	procedures for implementing partners that receive 10
4273	4273	funds under such headings for regularly and system-11
4274	4274	atically collecting and responding to such feedback, 12
4275	4275	including guidelines for the reporting on actions 13
4276	4276	taken in response to the feedback received: Provided 14
4277	4277	further, That the Secretary of State and USAID Ad-15
4278	4278	ministrator shall regularly— 16
4279	4279	(A) conduct oversight to ensure that such 17
4280	4280	feedback is regularly collected and used by im-18
4281	4281	plementing partners to maximize the cost-effec-19
4282	4282	tiveness and utility of such assistance; and 20
4283	4283	(B) consult with the Committees on Appro-21
4284	4284	priations on the results of such oversight. 22
4285	4285	(2) E
4286	4286	VALUATIONS.—Of the funds appropriated 23
4287	4287	by this Act under titles III and IV, not less than 24
4288	4288	$15,000,000, to remain available until expended, 25 161
4289	4289	•S 2438 RS
4290	4290	shall be made available for impact evaluations, in-1
4291	4291	cluding ex-post evaluations, of the effectiveness and 2
4292	4292	sustainability of United States Government-funded 3
4293	4293	assistance programs: Provided, That of the funds 4
4294	4294	made available pursuant to this paragraph, 5
4295	4295	$10,000,000 shall be administered by the Office of 6
4296	4296	the Chief Economist, USAID, for costs of relevant 7
4297	4297	activities and personnel: Provided further, That such 8
4298	4298	funds are in addition to funds otherwise made avail-9
4299	4299	able for such purposes. 10
4300	4300	(n) HIV/AIDS W
4301	4301	ORKINGCAPITALFUND.—Funds 11
4302	4302	available in the HIV/AIDS Working Capital Fund estab-12
4303	4303	lished pursuant to section 525(b)(1) of the Foreign Oper-13
4304	4304	ations, Export Financing, and Related Programs Appro-14
4305	4305	priations Act, 2005 (Public Law 108–447) may be made 15
4306	4306	available for pharmaceuticals and other products for child 16
4307	4307	survival, malaria, tuberculosis, and emerging infectious 17
4308	4308	diseases to the same extent as HIV/AIDS pharmaceuticals 18
4309	4309	and other products, subject to the terms and conditions 19
4310	4310	in such section: Provided, That the authority in section 20
4311	4311	525(b)(5) of the Foreign Operations, Export Financing, 21
4312	4312	and Related Programs Appropriation Act, 2005 (Public 22
4313	4313	Law 108–447) shall be exercised by the Assistant Admin-23
4314	4314	istrator for Global Health, USAID, with respect to funds 24
4315	4315	deposited for such non-HIV/AIDS pharmaceuticals and 25 162
4316	4316	•S 2438 RS
4317	4317	other products, and shall be subject to the regular notifica-1
4318	4318	tion procedures of the Committees on Appropriations: Pro-2
4319	4319	vided further, That the Secretary of State shall include 3
4320	4320	in the congressional budget justification an accounting of 4
4321	4321	budgetary resources, disbursements, balances, and reim-5
4322	4322	bursements related to such fund. 6
4323	4323	(o) B
4324	4324	ACK-UPCARE.—Of the funds appropriated or 7
4325	4325	otherwise made available under the headings ‘‘Diplomatic 8
4326	4326	Programs’’ and ‘‘Operating Expenses’’ in this Act and 9
4327	4327	prior Acts making appropriations for the Department of 10
4328	4328	State, foreign operations, and related programs, up to 11
4329	4329	$4,000,000 may be used for unanticipated non-medical 12
4330	4330	care, including childcare and eldercare, for USAID and 13
4331	4331	Department of State staff members and their family mem-14
4332	4332	bers, including through the provision of such services, re-15
4333	4333	ferrals to care providers, and reimbursement of reasonable 16
4334	4334	expenses for such services. 17
4335	4335	(p) L
4336	4336	OCALWORKS.— 18
4337	4337	(1) F
4338	4338	UNDING.—Of the funds appropriated by 19
4339	4339	this Act under the headings ‘‘Development Assist-20
4340	4340	ance’’ and ‘‘Economic Support Fund’’, not less than 21
4341	4341	$100,000,000 shall be made available for Local 22
4342	4342	Works pursuant to section 7080 of the Department 23
4343	4343	of State, Foreign Operations, and Related Programs 24
4344	4344	Appropriations Act, 2015 (division J of Public Law 25 163
4345	4345	•S 2438 RS
4346	4346	113–235), which may remain available until Sep-1
4347	4347	tember 30, 2028. 2
4348	4348	(2) E
4349	4349	LIGIBLE ENTITIES.—For the purposes of 3
4350	4350	section 7080 of the Department of State, Foreign 4
4351	4351	Operations, and Related Programs Appropriations 5
4352	4352	Act, 2015 (division J of Public Law 113–235), ‘‘eli-6
4353	4353	gible entities’’ shall be defined as small local, inter-7
4354	4354	national, and United States-based nongovernmental 8
4355	4355	organizations, educational institutions, and other 9
4356	4356	small entities that have received less than a total of 10
4357	4357	$5,000,000 from USAID over the previous 5 fiscal 11
4358	4358	years: Provided, That departments or centers of 12
4359	4359	such educational institutions may be considered indi-13
4360	4360	vidually in determining such eligibility. 14
4361	4361	(q) E
4362	4362	XTENSION OF PROCUREMENT AUTHORITY.— 15
4363	4363	Section 7077 of the Department of State, Foreign Oper-16
4364	4364	ations, and Related Programs Appropriations Act, 2012 17
4365	4365	(division I of Public Law 112–74) shall continue in effect 18
4366	4366	during fiscal year 2024. 19
4367	4367	(r) S
4368	4368	ECTION889.—For the purposes of obligations 20
4369	4369	and expenditures made with funds appropriated by this 21
4370	4370	Act and prior Acts making appropriations for the Depart-22
4371	4371	ment of State, foreign operations, and related programs, 23
4372	4372	the waiver authority in section 889(d)(2) of the John S. 24
4373	4373	McCain National Defense Authorization Act for Fiscal 25 164
4374	4374	•S 2438 RS
4375	4375	Year 2019 (Public Law 115–232) may also be available 1
4376	4376	to the Secretary of State, following consultation with the 2
4377	4377	Director of National Intelligence: Provided, That not later 3
4378	4378	than 60 days after the date of enactment of this Act, the 4
4379	4379	Secretary of State shall submit to the appropriate congres-5
4380	4380	sional committees a report detailing the use of the author-6
4381	4381	ity of this subsection since the date of enactment of this 7
4382	4382	Act, which shall include the scope and duration of any 8
4383	4383	waiver granted, the entity covered by such waiver, and a 9
4384	4384	detailed description of the national security interest 10
4385	4385	served: Provided further, That such report shall be up-11
4386	4386	dated every 60 days until September 30, 2025. 12
4387	4387	(s) S
4388	4388	TAFFCARESERVICES FORAFGHANNATION-13
4389	4389	ALS.—Funds appropriated by this Act and prior acts mak-14
4390	4390	ing appropriations for the Department of State, foreign 15
4391	4391	operations, and related programs, that are made available 16
4392	4392	to carry out section 7901 of title 5, United States Code, 17
4393	4393	may be used by USAID to provide services to individuals 18
4394	4394	who have served as locally employed staff of the USAID 19
4395	4395	mission in Afghanistan: Provided, That the authority pro-20
4396	4396	vided in this subsection shall expire on September 30, 21
4397	4397	2024. 22
4398	4398	(t) D
4399	4399	IPLOMATICFACILITIES.—Section 305 of Public 23
4400	4400	Law 100–459 is repealed. 24
4401	4401	(u) D
4402	4402	EFINITIONS.— 25 165
4403	4403	•S 2438 RS
4404	4404	(1) APPROPRIATE CONGRESSIONAL COMMIT -1
4405	4405	TEES.—Unless otherwise defined in this Act, for 2
4406	4406	purposes of this Act the term ‘‘appropriate congres-3
4407	4407	sional committees’’ means the Committees on Appro-4
4408	4408	priations and Foreign Relations of the Senate and 5
4409	4409	the Committees on Appropriations and Foreign Af-6
4410	4410	fairs of the House of Representatives. 7
4411	4411	(2) F
4412	4412	UNDS APPROPRIATED BY THIS ACT AND 8
4413	4413	PRIOR ACTS.—Unless otherwise defined in this Act, 9
4414	4414	for purposes of this Act the term ‘‘funds appro-10
4415	4415	priated by this Act and prior Acts making appro-11
4416	4416	priations for the Department of State, foreign oper-12
4417	4417	ations, and related programs’’ means funds that re-13
4418	4418	main available for obligation, and have not expired. 14
4419	4419	(3) I
4420	4420	NTERNATIONAL FINANCIAL INSTITU -15
4421	4421	TIONS.—In this Act ‘‘international financial institu-16
4422	4422	tions’’ means the International Bank for Recon-17
4423	4423	struction and Development, the International Devel-18
4424	4424	opment Association, the International Finance Cor-19
4425	4425	poration, the Inter-American Development Bank, the 20
4426	4426	International Monetary Fund, the International 21
4427	4427	Fund for Agricultural Development, the Asian De-22
4428	4428	velopment Bank, the Asian Development Fund, the 23
4429	4429	Inter-American Investment Corporation, the North 24
4430	4430	American Development Bank, the European Bank 25 166
4431	4431	•S 2438 RS
4432	4432	for Reconstruction and Development, the African 1
4433	4433	Development Bank, the African Development Fund, 2
4434	4434	and the Multilateral Investment Guarantee Agency. 3
4435	4435	(4) P
4436	4436	ACIFIC ISLANDS COUNTRIES .—In this Act, 4
4437	4437	the term ‘‘Pacific Islands countries’’ means the Cook 5
4438	4438	Islands, the Republic of Fiji, the Republic of 6
4439	4439	Kiribati, the Republic of the Marshall Islands, the 7
4440	4440	Federated States of Micronesia, the Republic of 8
4441	4441	Nauru, Niue, the Republic of Palau, the Inde-9
4442	4442	pendent State of Papua New Guinea, the Inde-10
4443	4443	pendent State of Samoa, the Solomon Islands, the 11
4444	4444	Kingdom of Tonga, Tuvalu, and the Republic of 12
4445	4445	Vanuatu. 13
4446	4446	(5) S
4447	4447	PEND PLAN.—In this Act, the term 14
4448	4448	‘‘spend plan’’ means a plan for the uses of funds ap-15
4449	4449	propriated for a particular entity, country, program, 16
4450	4450	purpose, or account and which shall include, at a 17
4451	4451	minimum, a description of— 18
4452	4452	(A) realistic and sustainable goals, criteria 19
4453	4453	for measuring progress, and a timeline for 20
4454	4454	achieving such goals; 21
4455	4455	(B) amounts and sources of funds by ac-22
4456	4456	count; 23
4457	4457	(C) how such funds will complement other 24
4458	4458	ongoing or planned programs; and 25 167
4459	4459	•S 2438 RS
4460	4460	(D) implementing partners, to the max-1
4461	4461	imum extent practicable. 2
4462	4462	(6) S
4463	4463	UCCESSOR OPERATING UNIT .—Any ref-3
4464	4464	erence to a particular operating unit or office in this 4
4465	4465	Act or prior Acts making appropriations for the De-5
4466	4466	partment of State, foreign operations, and related 6
4467	4467	programs shall be deemed to include any successor 7
4468	4468	operating unit performing the same or similar func-8
4469	4469	tions. 9
4470	4470	(7) USAID.—In this Act, the term ‘‘USAID’’ 10
4471	4471	means the United States Agency for International 11
4472	4472	Development. 12
4473	4473	LAW ENFORCEMENT AND SECURITY 13
4474	4474	S
4475	4475	EC. 7035. (a) ASSISTANCE.— 14
4476	4476	(1) C
4477	4477	OMMUNITY-BASED POLICE ASSISTANCE .— 15
4478	4478	Funds made available under titles III and IV of this 16
4479	4479	Act to carry out the provisions of chapter 1 of part 17
4480	4480	I and chapters 4 and 6 of part II of the Foreign As-18
4481	4481	sistance Act of 1961, may be used, notwithstanding 19
4482	4482	section 660 of that Act, to enhance the effectiveness 20
4483	4483	and accountability of civilian police authority 21
4484	4484	through training and technical assistance in human 22
4485	4485	rights, the rule of law, anti-corruption, strategic 23
4486	4486	planning, and through assistance to foster civilian 24
4487	4487	police roles that support democratic governance, in-25 168
4488	4488	•S 2438 RS
4489	4489	cluding assistance for programs to prevent conflict, 1
4490	4490	respond to disasters, address gender-based violence, 2
4491	4491	and foster improved police relations with the com-3
4492	4492	munities they serve. 4
4493	4493	(2) C
4494	4494	OMBAT CASUALTY CARE .— 5
4495	4495	(A) Consistent with the objectives of the 6
4496	4496	Foreign Assistance Act of 1961 and the Arms 7
4497	4497	Export Control Act, funds appropriated by this 8
4498	4498	Act under the headings ‘‘Peacekeeping Oper-9
4499	4499	ations’’ and ‘‘Foreign Military Financing Pro-10
4500	4500	gram’’ shall be made available for combat cas-11
4501	4501	ualty training and equipment in an amount 12
4502	4502	above the prior fiscal year. 13
4503	4503	(B) The Secretary of State shall offer com-14
4504	4504	bat casualty care training and equipment as a 15
4505	4505	component of any package of lethal assistance 16
4506	4506	funded by this Act with funds appropriated 17
4507	4507	under the headings ‘‘Peacekeeping Operations’’ 18
4508	4508	and ‘‘Foreign Military Financing Program’’: 19
4509	4509	Provided, That the requirement of this subpara-20
4510	4510	graph shall apply to a country in conflict, un-21
4511	4511	less the Secretary determines that such country 22
4512	4512	has in place, to the maximum extent prac-23
4513	4513	ticable, functioning combat casualty care treat-24
4514	4514	ment and equipment that meets or exceeds the 25 169
4515	4515	•S 2438 RS
4516	4516	standards recommended by the Committee on 1
4517	4517	Tactical Combat Casualty Care: Provided fur-2
4518	4518	ther, That any such training and equipment for 3
4519	4519	combat casualty care shall be made available 4
4520	4520	through an open and competitive process. 5
4521	4521	(3) T
4522	4522	RAINING RELATED TO INTERNATIONAL 6
4523	4523	HUMANITARIAN LAW .—The Secretary of State shall 7
4524	4524	offer training related to the requirements of inter-8
4525	4525	national humanitarian law as a component of any 9
4526	4526	package of lethal assistance funded by this Act with 10
4527	4527	funds appropriated under the headings ‘‘Peace-11
4528	4528	keeping Operations’’ and ‘‘Foreign Military Financ-12
4529	4529	ing Program’’: Provided, That the requirement of 13
4530	4530	this paragraph shall not apply to a country that is 14
4531	4531	a member of the North Atlantic Treaty Organization 15
4532	4532	(NATO), is a major non-NATO ally designated by 16
4533	4533	section 517(b) of the Foreign Assistance Act of 17
4534	4534	1961, or is complying with international humani-18
4535	4535	tarian law: Provided further, That any such training 19
4536	4536	shall be made available through an open and com-20
4537	4537	petitive process. 21
4538	4538	(4) I
4539	4539	NTERNATIONAL PRISON CONDITIONS .— 22
4540	4540	Funds appropriated by this Act under the headings 23
4541	4541	‘‘Development Assistance’’, ‘‘Economic Support 24
4542	4542	Fund’’, and ‘‘International Narcotics Control and 25 170
4543	4543	•S 2438 RS
4544	4544	Law Enforcement’’ shall be made available for as-1
4545	4545	sistance to eliminate inhumane conditions in foreign 2
4546	4546	prisons and other detention facilities, notwith-3
4547	4547	standing section 660 of the Foreign Assistance Act 4
4548	4548	of 1961: Provided, That the Secretary of State and 5
4549	4549	the USAID Administrator shall consult with the 6
4550	4550	Committees on Appropriations on the proposed uses 7
4551	4551	of such funds prior to obligation and not later than 8
4552	4552	60 days after the date of enactment of this Act: Pro-9
4553	4553	vided further, That such funds shall be in addition 10
4554	4554	to funds otherwise made available by this Act for 11
4555	4555	such purpose. 12
4556	4556	(b) A
4557	4557	UTHORITIES.— 13
4558	4558	(1) R
4559	4559	ECONSTITUTING CIVILIAN POLICE AU -14
4560	4560	THORITY.—In providing assistance with funds ap-15
4561	4561	propriated by this Act under section 660(b)(6) of 16
4562	4562	the Foreign Assistance Act of 1961, support for a 17
4563	4563	nation emerging from instability may be deemed to 18
4564	4564	mean support for regional, district, municipal, or 19
4565	4565	other sub-national entity emerging from instability, 20
4566	4566	as well as a nation emerging from instability. 21
4567	4567	(2) D
4568	4568	ISARMAMENT, DEMOBILIZATION, AND RE-22
4569	4569	INTEGRATION.—Section 7034(d) of the Department 23
4570	4570	of State, Foreign Operations, and Related Programs 24
4571	4571	Appropriations Act, 2015 (division J of Public Law 25 171
4572	4572	•S 2438 RS
4573	4573	113–235) shall continue in effect during fiscal year 1
4574	4574	2024. 2
4575	4575	(3) C
4576	4576	OMMERCIAL LEASING OF DEFENSE ARTI -3
4577	4577	CLES.—Notwithstanding any other provision of law, 4
4578	4578	and subject to the regular notification procedures of 5
4579	4579	the Committees on Appropriations, the authority of 6
4580	4580	section 23(a) of the Arms Export Control Act (22 7
4581	4581	U.S.C. 2763) may be used to provide financing to 8
4582	4582	Israel, Egypt, the North Atlantic Treaty Organiza-9
4583	4583	tion (NATO), and major non-NATO allies for the 10
4584	4584	procurement by leasing (including leasing with an 11
4585	4585	option to purchase) of defense articles from United 12
4586	4586	States commercial suppliers, not including Major 13
4587	4587	Defense Equipment (other than helicopters and 14
4588	4588	other types of aircraft having possible civilian appli-15
4589	4589	cation), if the President determines that there are 16
4590	4590	compelling foreign policy or national security reasons 17
4591	4591	for those defense articles being provided by commer-18
4592	4592	cial lease rather than by government-to-government 19
4593	4593	sale under such Act. 20
4594	4594	(4) S
4595	4595	PECIAL DEFENSE ACQUISITION FUND .— 21
4596	4596	Not to exceed $900,000,000 may be obligated pursu-22
4597	4597	ant to section 51(c)(2) of the Arms Export Control 23
4598	4598	Act (22 U.S.C. 2795(c)(2)) for the purposes of the 24
4599	4599	Special Defense Acquisition Fund (the Fund), to re-25 172
4600	4600	•S 2438 RS
4601	4601	main available for obligation until September 30, 1
4602	4602	2025: Provided, That the provision of defense arti-2
4603	4603	cles and defense services to foreign countries or 3
4604	4604	international organizations from the Fund shall be 4
4605	4605	subject to the concurrence of the Secretary of State. 5
4606	4606	(5) R
4607	4607	EPROGRAMMING.—Notwithstanding any 6
4608	4608	other provision of law or regulation, equipment pro-7
4609	4609	cured with funds appropriated in prior Acts making 8
4610	4610	appropriations for the Department of State, foreign 9
4611	4611	operations, and related programs under the heading 10
4612	4612	‘‘Pakistan Counterinsurgency Capability Fund’’ may 11
4613	4613	be used for any other program and in any region, 12
4614	4614	but should be transferred, to the maximum extent 13
4615	4615	practicable, to Ukraine and Taiwan on an urgent 14
4616	4616	basis: Provided, That any such transfer shall be sub-15
4617	4617	ject to prior consultation with, and the regular noti-16
4618	4618	fication procedures of, the Committees on Appro-17
4619	4619	priations. 18
4620	4620	(c) L
4621	4621	IMITATIONS.— 19
4622	4622	(1) C
4623	4623	HILD SOLDIERS.—Funds appropriated by 20
4624	4624	this Act should not be used to support any military 21
4625	4625	training or operations that include child soldiers. 22
4626	4626	(2) L
4627	4627	ANDMINES AND CLUSTER MUNITIONS .— 23
4628	4628	(A) L
4629	4629	ANDMINES.—Notwithstanding any 24
4630	4630	other provision of law, demining equipment 25 173
4631	4631	•S 2438 RS
4632	4632	available to the United States Agency for Inter-1
4633	4633	national Development and the Department of 2
4634	4634	State and used in support of the clearance of 3
4635	4635	landmines and unexploded ordnance for human-4
4636	4636	itarian purposes may be disposed of on a grant 5
4637	4637	basis in foreign countries, subject to such terms 6
4638	4638	and conditions as the Secretary of State may 7
4639	4639	prescribe. 8
4640	4640	(B) C
4641	4641	LUSTER MUNITIONS .—No military 9
4642	4642	assistance shall be furnished for cluster muni-10
4643	4643	tions, no defense export license for cluster mu-11
4644	4644	nitions may be issued, and no cluster munitions 12
4645	4645	or cluster munitions technology shall be sold or 13
4646	4646	transferred, unless— 14
4647	4647	(i) the submunitions of the cluster 15
4648	4648	munitions, after arming, do not result in 16
4649	4649	more than 1 percent unexploded ordnance 17
4650	4650	across the range of intended operational 18
4651	4651	environments, and the agreement applica-19
4652	4652	ble to the assistance, transfer, or sale of 20
4653	4653	such cluster munitions or cluster munitions 21
4654	4654	technology specifies that the cluster muni-22
4655	4655	tions will only be used against clearly de-23
4656	4656	fined military targets and will not be used 24 174
4657	4657	•S 2438 RS
4658	4658	where civilians are known to be present or 1
4659	4659	in areas normally inhabited by civilians; or 2
4660	4660	(ii) such assistance, license, sale, or 3
4661	4661	transfer is for the purpose of demilitarizing 4
4662	4662	or permanently disposing of such cluster 5
4663	4663	munitions. 6
4664	4664	(3) C
4665	4665	ROWD CONTROL .—If the Secretary of 7
4666	4666	State has information that a unit of a foreign secu-8
4667	4667	rity force uses excessive force to repress peaceful ex-9
4668	4668	pression or assembly concerning corruption, harm to 10
4669	4669	the environment or human health, or the fairness of 11
4670	4670	electoral processes, or in countries that are undemo-12
4671	4671	cratic or undergoing democratic transition, the Sec-13
4672	4672	retary shall promptly determine if such information 14
4673	4673	is credible: Provided, That if the information is de-15
4674	4674	termined to be credible, funds appropriated by this 16
4675	4675	Act should not be used for tear gas, small arms, 17
4676	4676	light weapons, ammunition, or other items for crowd 18
4677	4677	control purposes for such unit, unless the Secretary 19
4678	4678	of State determines that the foreign government is 20
4679	4679	taking effective measures to bring the responsible 21
4680	4680	members of such unit to justice. 22
4681	4681	(4) O
4682	4682	VERSIGHT AND ACCOUNTABILITY .— 23
4683	4683	(A) Prior to the signing of a new Letter of 24
4684	4684	Offer and Acceptance (LOA) involving funds 25 175
4685	4685	•S 2438 RS
4686	4686	appropriated under the heading ‘‘Foreign Mili-1
4687	4687	tary Financing Program’’, the Secretary of 2
4688	4688	State shall consult with each recipient govern-3
4689	4689	ment to ensure that the LOA between the 4
4690	4690	United States and such recipient government 5
4691	4691	complies with the purposes of section 4 of the 6
4692	4692	Arms Export Control Act (22 U.S.C. 2754) and 7
4693	4693	that the defense articles, services, and training 8
4694	4694	procured with funds appropriated under such 9
4695	4695	heading are consistent with United States na-10
4696	4696	tional security policy. 11
4697	4697	(B) The Secretary of State shall promptly 12
4698	4698	inform the appropriate congressional commit-13
4699	4699	tees of any instance in which the Secretary of 14
4700	4700	State has credible information that such assist-15
4701	4701	ance was used in a manner contrary to such 16
4702	4702	agreement. 17
4703	4703	(d) O
4704	4704	THERMATTERS.— 18
4705	4705	(1) S
4706	4706	ECURITY ASSISTANCE REPORT .—Not later 19
4707	4707	than 120 days after the date of enactment of this 20
4708	4708	Act, the Secretary of State shall submit to the Com-21
4709	4709	mittees on Appropriations a report on funds obli-22
4710	4710	gated and expended during fiscal year 2023, by 23
4711	4711	country and purpose of assistance, under the head-24
4712	4712	ings ‘‘Peacekeeping Operations’’, ‘‘International 25 176
4713	4713	•S 2438 RS
4714	4714	Military Education and Training’’, and ‘‘Foreign 1
4715	4715	Military Financing Program’’. 2
4716	4716	(2) A
4717	4717	NNUAL FOREIGN MILITARY TRAINING RE -3
4718	4718	PORT.—For the purposes of implementing section 4
4719	4719	656 of the Foreign Assistance Act of 1961, the term 5
4720	4720	‘‘military training provided to foreign military per-6
4721	4721	sonnel by the Department of Defense and the De-7
4722	4722	partment of State’’ shall be deemed to include all 8
4723	4723	military training provided by foreign governments 9
4724	4724	with funds appropriated to the Department of De-10
4725	4725	fense or the Department of State, except for train-11
4726	4726	ing provided by the government of a country des-12
4727	4727	ignated by section 517(b) of such Act (22 U.S.C. 13
4728	4728	2321k(b)) as a major non-North Atlantic Treaty Or-14
4729	4729	ganization ally: Provided, That such third-country 15
4730	4730	training shall be clearly identified in the report sub-16
4731	4731	mitted pursuant to section 656 of such Act. 17
4732	4732	(3) L
4733	4733	EAHY LAW.—For purposes of imple-18
4734	4734	menting section 620M of the Foreign Assistance Act 19
4735	4735	of 1961, the term ‘‘credible information’’ means in-20
4736	4736	formation that, considering the source of such infor-21
4737	4737	mation and the surrounding circumstances, supports 22
4738	4738	a reasonable belief that a violation has occurred, and 23
4739	4739	shall not be determined solely on the basis of the 24
4740	4740	number of sources; whether the source has been crit-25 177
4741	4741	•S 2438 RS
4742	4742	ical of a policy of the United States Government or 1
4743	4743	its security partners; whether the source has a per-2
4744	4744	sonal connection to the information being reported; 3
4745	4745	or whether the United States Government is able to 4
4746	4746	independently verify the information. 5
4747	4747	COUNTERING THE FLOW OF FENTANYL AND OTHER 6
4748	4748	SYNTHETIC DRUGS 7
4749	4749	S
4750	4750	EC. 7036. (a) ASSISTANCE.—Of the funds appro-8
4751	4751	priated by this Act under the headings ‘‘Economic Sup-9
4752	4752	port Fund’’ and ‘‘International Narcotics Control and 10
4753	4753	Law Enforcement’’, not less than $125,000,000 shall be 11
4754	4754	made available for programs to counter the flow of 12
4755	4755	fentanyl, fentanyl precursors, and other synthetic drugs 13
4756	4756	into the United States: Provided, That such funds shall 14
4757	4757	be in addition to funds otherwise made available for such 15
4758	4758	purposes. 16
4759	4759	(b) U
4760	4760	SES OFFUNDS.—Funds made available pursu-17
4761	4761	ant to subsection (a) shall be made available to support— 18
4762	4762	(1) efforts to stop the flow of fentanyl, fentanyl 19
4763	4763	precursors, and other synthetic drugs and their pre-20
4764	4764	cursor materials from the People’s Republic of 21
4765	4765	China (PRC) to the United States, including 22
4766	4766	through other countries and across the United 23
4767	4767	States-Mexico border; 24 178
4768	4768	•S 2438 RS
4769	4769	(2) engagement, including through multilateral 1
4770	4770	organizations and frameworks, to catalyze collective 2
4771	4771	action to address the public health and security 3
4772	4772	threats posed by fentanyl, fentanyl precursors, and 4
4773	4773	other synthetic drugs, including through the Global 5
4774	4774	Coalition to Address Synthetic Drug Threats; 6
4775	4775	(3) law enforcement cooperation and capacity 7
4776	4776	building efforts aimed at disrupting and dismantling 8
4777	4777	transnational criminal organizations involved in the 9
4778	4778	production and trafficking of fentanyl, fentanyl pre-10
4779	4779	cursors, and other synthetic drugs; and 11
4780	4780	(4) implementation of the Fighting Emerging 12
4781	4781	Narcotics Through Additional Nations to Yield Last-13
4782	4782	ing Results Act (part 7 of subtitle C of the James 14
4783	4783	M. Inhofe National Defense Authorization Act for 15
4784	4784	Fiscal Year 2023, Public Law 117–263). 16
4785	4785	(c) C
4786	4786	OUNTERFENTANYLCOORDINATOR.—The Sec-17
4787	4787	retary of State shall designate an existing senior official 18
4788	4788	of the Department of State at the rank of Deputy Assist-19
4789	4789	ant Secretary or above as the Counter Fentanyl Coordi-20
4790	4790	nator, whose responsibilities shall include— 21
4791	4791	(1) ensuring that funds made available pursu-22
4792	4792	ant to subsection (a) are implemented in a targeted 23
4793	4793	and effective manner, including by providing policy 24
4794	4794	guidance and coordination; and 25 179
4795	4795	•S 2438 RS
4796	4796	(2) coordinating diplomatic engagement and 1
4797	4797	other activities with the heads of other relevant Fed-2
4798	4798	eral agencies and domestic and international stake-3
4799	4799	holders. 4
4800	4800	(d) R
4801	4801	EPORT.—The Coordinator established pursuant 5
4802	4802	to subsection (c) shall, in consultation with the heads of 6
4803	4803	other relevant Federal agencies and not later than 45 days 7
4804	4804	after the date of enactment of this Act, submit a report 8
4805	4805	to the appropriate congressional committees detailing and 9
4806	4806	assessing the cooperation of the PRC in countering the 10
4807	4807	flow of fentanyl, fentanyl precursors, and other synthetic 11
4808	4808	drugs, and describing actions taken by the United States 12
4809	4809	in coordination with other countries to engage the PRC 13
4810	4810	on taking concrete and measurable steps to stop the flow 14
4811	4811	of fentanyl, fentanyl precursors, and other synthetic drugs 15
4812	4812	from the PRC to other countries: Provided, That such re-16
4813	4813	port shall be updated and resubmitted quarterly thereafter 17
4814	4814	until September 30, 2024. 18
4815	4815	PALESTINIAN STATEHOOD 19
4816	4816	S
4817	4817	EC. 7037. (a) LIMITATION ONASSISTANCE.—None 20
4818	4818	of the funds appropriated under titles III through VI of 21
4819	4819	this Act may be provided to support a Palestinian state 22
4820	4820	unless the Secretary of State determines and certifies to 23
4821	4821	the appropriate congressional committees that— 24 180
4822	4822	•S 2438 RS
4823	4823	(1) the governing entity of a new Palestinian 1
4824	4824	state— 2
4825	4825	(A) has demonstrated a firm commitment 3
4826	4826	to peaceful co-existence with the State of Israel; 4
4827	4827	and 5
4828	4828	(B) is taking appropriate measures to 6
4829	4829	counter terrorism and terrorist financing in the 7
4830	4830	West Bank and Gaza, including the dismantling 8
4831	4831	of terrorist infrastructures, and is cooperating 9
4832	4832	with appropriate Israeli and other appropriate 10
4833	4833	security organizations; and 11
4834	4834	(2) the Palestinian Authority (or the governing 12
4835	4835	entity of a new Palestinian state) is working with 13
4836	4836	other countries in the region to vigorously pursue ef-14
4837	4837	forts to establish a just, lasting, and comprehensive 15
4838	4838	peace in the Middle East that will enable Israel and 16
4839	4839	an independent Palestinian state to exist within the 17
4840	4840	context of full and normal relationships, which 18
4841	4841	should include— 19
4842	4842	(A) termination of all claims or states of 20
4843	4843	belligerency; 21
4844	4844	(B) respect for and acknowledgment of the 22
4845	4845	sovereignty, territorial integrity, and political 23
4846	4846	independence of every state in the area through 24 181
4847	4847	•S 2438 RS
4848	4848	measures including the establishment of demili-1
4849	4849	tarized zones; 2
4850	4850	(C) their right to live in peace within se-3
4851	4851	cure and recognized boundaries free from 4
4852	4852	threats or acts of force; 5
4853	4853	(D) freedom of navigation through inter-6
4854	4854	national waterways in the area; and 7
4855	4855	(E) a framework for achieving a just set-8
4856	4856	tlement of the refugee problem. 9
4857	4857	(b) S
4858	4858	ENSE OFCONGRESS.—It is the sense of Con-10
4859	4859	gress that the governing entity should enact a constitution 11
4860	4860	assuring the rule of law, an independent judiciary, and 12
4861	4861	respect for human rights for its citizens, and should enact 13
4862	4862	other laws and regulations assuring transparent and ac-14
4863	4863	countable governance. 15
4864	4864	(c) W
4865	4865	AIVER.—The President may waive subsection 16
4866	4866	(a) if the President determines that it is important to the 17
4867	4867	national security interest of the United States to do so. 18
4868	4868	(d) E
4869	4869	XEMPTION.—The restriction in subsection (a) 19
4870	4870	shall not apply to assistance intended to help reform the 20
4871	4871	Palestinian Authority and affiliated institutions, or the 21
4872	4872	governing entity, in order to help meet the requirements 22
4873	4873	of subsection (a), consistent with the provisions of section 23
4874	4874	7040 of this Act (‘‘Limitation on Assistance for the Pales-24
4875	4875	tinian Authority’’). 25 182
4876	4876	•S 2438 RS
4877	4877	PROHIBITION ON ASSISTANCE TO THE PALESTINIAN 1
4878	4878	BROADCASTING CORPORATION 2
4879	4879	S
4880	4880	EC. 7038. None of the funds appropriated or other-3
4881	4881	wise made available by this Act may be used to provide 4
4882	4882	equipment, technical support, consulting services, or any 5
4883	4883	other form of assistance to the Palestinian Broadcasting 6
4884	4884	Corporation. 7
4885	4885	ASSISTANCE FOR THE WEST BANK AND GAZA 8
4886	4886	S
4887	4887	EC. 7039. (a) OVERSIGHT.—For fiscal year 2024, 9
4888	4888	30 days prior to the initial obligation of funds for the bi-10
4889	4889	lateral West Bank and Gaza Program, the Secretary of 11
4890	4890	State shall certify to the Committees on Appropriations 12
4891	4891	that procedures have been established to assure the Comp-13
4892	4892	troller General of the United States will have access to 14
4893	4893	appropriate United States financial information in order 15
4894	4894	to review the uses of United States assistance for the Pro-16
4895	4895	gram funded under the heading ‘‘Economic Support 17
4896	4896	Fund’’ for the West Bank and Gaza. 18
4897	4897	(b) V
4898	4898	ETTING.—Prior to the obligation of funds ap-19
4899	4899	propriated by this Act under the heading ‘‘Economic Sup-20
4900	4900	port Fund’’ for assistance for the West Bank and Gaza, 21
4901	4901	the Secretary of State shall take all appropriate steps to 22
4902	4902	ensure that such assistance is not provided to or through 23
4903	4903	any individual, private or government entity, or edu-24
4904	4904	cational institution that the Secretary knows or has reason 25 183
4905	4905	•S 2438 RS
4906	4906	to believe advocates, plans, sponsors, engages in, or has 1
4907	4907	engaged in, terrorist activity nor, with respect to private 2
4908	4908	entities or educational institutions, those that have as a 3
4909	4909	principal officer of the entity’s governing board or gov-4
4910	4910	erning board of trustees any individual that has been de-5
4911	4911	termined to be involved in, or advocating terrorist activity 6
4912	4912	or determined to be a member of a designated foreign ter-7
4913	4913	rorist organization: Provided, That the Secretary of State 8
4914	4914	shall, as appropriate, establish procedures specifying the 9
4915	4915	steps to be taken in carrying out this subsection and shall 10
4916	4916	terminate assistance to any individual, entity, or edu-11
4917	4917	cational institution which the Secretary has determined to 12
4918	4918	be involved in or advocating terrorist activity. 13
4919	4919	(c) P
4920	4920	ROHIBITION.— 14
4921	4921	(1) R
4922	4922	ECOGNITION OF ACTS OF TERRORISM .— 15
4923	4923	None of the funds appropriated under titles III 16
4924	4924	through VI of this Act for assistance under the West 17
4925	4925	Bank and Gaza Program may be made available 18
4926	4926	for— 19
4927	4927	(A) the purpose of recognizing or otherwise 20
4928	4928	honoring individuals who commit, or have com-21
4929	4929	mitted acts of terrorism; and 22
4930	4930	(B) any educational institution located in 23
4931	4931	the West Bank or Gaza that is named after an 24 184
4932	4932	•S 2438 RS
4933	4933	individual who the Secretary of State deter-1
4934	4934	mines has committed an act of terrorism. 2
4935	4935	(2) S
4936	4936	ECURITY ASSISTANCE AND REPORTING RE -3
4937	4937	QUIREMENT.—Notwithstanding any other provision 4
4938	4938	of law, none of the funds made available by this or 5
4939	4939	prior appropriations Acts, including funds made 6
4940	4940	available by transfer, may be made available for obli-7
4941	4941	gation for security assistance for the West Bank and 8
4942	4942	Gaza until the Secretary of State reports to the 9
4943	4943	Committees on Appropriations on— 10
4944	4944	(A) the benchmarks that have been estab-11
4945	4945	lished for security assistance for the West Bank 12
4946	4946	and Gaza and on the extent of Palestinian com-13
4947	4947	pliance with such benchmarks; and 14
4948	4948	(B) the steps being taken by the Pales-15
4949	4949	tinian Authority to end torture and other cruel, 16
4950	4950	inhuman, and degrading treatment of detainees, 17
4951	4951	including by bringing to justice members of 18
4952	4952	Palestinian security forces who commit such 19
4953	4953	crimes. 20
4954	4954	(d) O
4955	4955	VERSIGHT BY THE UNITEDSTATESAGENCY 21
4956	4956	FORINTERNATIONALDEVELOPMENT.— 22
4957	4957	(1) The Administrator of the United States 23
4958	4958	Agency for International Development shall ensure 24
4959	4959	that Federal or non-Federal audits of all contractors 25 185
4960	4960	•S 2438 RS
4961	4961	and grantees, and significant subcontractors and 1
4962	4962	sub-grantees, under the West Bank and Gaza Pro-2
4963	4963	gram, are conducted at least on an annual basis to 3
4964	4964	ensure, among other things, compliance with this 4
4965	4965	section. 5
4966	4966	(2) Of the funds appropriated by this Act, up 6
4967	4967	to $1,300,000 may be used by the Office of Inspec-7
4968	4968	tor General of the United States Agency for Inter-8
4969	4969	national Development for audits, investigations, and 9
4970	4970	other activities in furtherance of the requirements of 10
4971	4971	this subsection: Provided, That such funds are in ad-11
4972	4972	dition to funds otherwise available for such pur-12
4973	4973	poses. 13
4974	4974	(e) C
4975	4975	OMPTROLLER GENERAL OF THE UNITED 14
4976	4976	S
4977	4977	TATESAUDIT.—Subsequent to the certification specified 15
4978	4978	in subsection (a), the Comptroller General of the United 16
4979	4979	States shall conduct an audit and an investigation of the 17
4980	4980	treatment, handling, and uses of all funds for the bilateral 18
4981	4981	West Bank and Gaza Program, including all funds pro-19
4982	4982	vided as cash transfer assistance, in fiscal year 2024 20
4983	4983	under the heading ‘‘Economic Support Fund’’, and such 21
4984	4984	audit shall address— 22
4985	4985	(1) the extent to which such Program complies 23
4986	4986	with the requirements of subsections (b) and (c); 24
4987	4987	and 25 186
4988	4988	•S 2438 RS
4989	4989	(2) an examination of all programs, projects, 1
4990	4990	and activities carried out under such Program, in-2
4991	4991	cluding both obligations and expenditures. 3
4992	4992	(f) N
4993	4993	OTIFICATIONPROCEDURES.—Funds made 4
4994	4994	available in this Act for West Bank and Gaza shall be 5
4995	4995	subject to the regular notification procedures of the Com-6
4996	4996	mittees on Appropriations. 7
4997	4997	LIMITATION ON ASSISTANCE FOR THE PALESTINIAN 8
4998	4998	AUTHORITY 9
4999	4999	S
5000	5000	EC. 7040. (a) PROHIBITION OFFUNDS.—None of 10
5001	5001	the funds appropriated by this Act to carry out the provi-11
5002	5002	sions of chapter 4 of part II of the Foreign Assistance 12
5003	5003	Act of 1961 may be obligated or expended with respect 13
5004	5004	to providing funds to the Palestinian Authority. 14
5005	5005	(b) W
5006	5006	AIVER.—The prohibition included in subsection 15
5007	5007	(a) shall not apply if the President certifies in writing to 16
5008	5008	the Speaker of the House of Representatives, the Presi-17
5009	5009	dent pro tempore of the Senate, and the Committees on 18
5010	5010	Appropriations that waiving such prohibition is important 19
5011	5011	to the national security interest of the United States. 20
5012	5012	(c) P
5013	5013	ERIOD OFAPPLICATION OF WAIVER.—Any 21
5014	5014	waiver pursuant to subsection (b) shall be effective for no 22
5015	5015	more than a period of 6 months at a time and shall not 23
5016	5016	apply beyond 12 months after the enactment of this Act. 24 187
5017	5017	•S 2438 RS
5018	5018	(d) REPORT.—Whenever the waiver authority pursu-1
5019	5019	ant to subsection (b) is exercised, the President shall sub-2
5020	5020	mit a report to the Committees on Appropriations detail-3
5021	5021	ing the justification for the waiver, the purposes for which 4
5022	5022	the funds will be spent, and the accounting procedures in 5
5023	5023	place to ensure that the funds are properly disbursed: Pro-6
5024	5024	vided, That the report shall also detail the steps the Pales-7
5025	5025	tinian Authority has taken to arrest terrorists, confiscate 8
5026	5026	weapons and dismantle the terrorist infrastructure. 9
5027	5027	(e) C
5028	5028	ERTIFICATION.—If the President exercises the 10
5029	5029	waiver authority under subsection (b), the Secretary of 11
5030	5030	State must certify and report to the Committees on Ap-12
5031	5031	propriations prior to the obligation of funds that the Pal-13
5032	5032	estinian Authority has established a single treasury ac-14
5033	5033	count for all Palestinian Authority financing and all fi-15
5034	5034	nancing mechanisms flow through this account, no parallel 16
5035	5035	financing mechanisms exist outside of the Palestinian Au-17
5036	5036	thority treasury account, and there is a single comprehen-18
5037	5037	sive civil service roster and payroll, and the Palestinian 19
5038	5038	Authority is acting to counter incitement of violence 20
5039	5039	against Israelis and is supporting activities aimed at pro-21
5040	5040	moting peace, coexistence, and security cooperation with 22
5041	5041	Israel. 23
5042	5042	(f) P
5043	5043	ROHIBITION TOHAMAS AND THE PALESTINE 24
5044	5044	L
5045	5045	IBERATIONORGANIZATION.— 25 188
5046	5046	•S 2438 RS
5047	5047	(1) None of the funds appropriated in titles III 1
5048	5048	through VI of this Act may be obligated for salaries 2
5049	5049	of personnel of the Palestinian Authority located in 3
5050	5050	Gaza or may be obligated or expended for assistance 4
5051	5051	to Hamas or any entity effectively controlled by 5
5052	5052	Hamas, any power-sharing government of which 6
5053	5053	Hamas is a member, or that results from an agree-7
5054	5054	ment with Hamas and over which Hamas exercises 8
5055	5055	undue influence. 9
5056	5056	(2) Notwithstanding the limitation of paragraph 10
5057	5057	(1), assistance may be provided to a power-sharing 11
5058	5058	government only if the President certifies and re-12
5059	5059	ports to the Committees on Appropriations that such 13
5060	5060	government, including all of its ministers or such 14
5061	5061	equivalent, has publicly accepted and is complying 15
5062	5062	with the principles contained in section 16
5063	5063	620K(b)(1)(A) and (B) of the Foreign Assistance 17
5064	5064	Act of 1961, as amended. 18
5065	5065	(3) The President may exercise the authority in 19
5066	5066	section 620K(e) of the Foreign Assistance Act of 20
5067	5067	1961, as added by the Palestinian Anti-Terrorism 21
5068	5068	Act of 2006 (Public Law 109–446) with respect to 22
5069	5069	this subsection. 23
5070	5070	(4) Whenever the certification pursuant to 24
5071	5071	paragraph (2) is exercised, the Secretary of State 25 189
5072	5072	•S 2438 RS
5073	5073	shall submit a report to the Committees on Appro-1
5074	5074	priations within 120 days of the certification and 2
5075	5075	every quarter thereafter on whether such govern-3
5076	5076	ment, including all of its ministers or such equiva-4
5077	5077	lent are continuing to comply with the principles 5
5078	5078	contained in section 620K(b)(1)(A) and (B) of the 6
5079	5079	Foreign Assistance Act of 1961, as amended: Pro-7
5080	5080	vided, That the report shall also detail the amount, 8
5081	5081	purposes and delivery mechanisms for any assistance 9
5082	5082	provided pursuant to the abovementioned certifi-10
5083	5083	cation and a full accounting of any direct support of 11
5084	5084	such government. 12
5085	5085	(5) None of the funds appropriated under titles 13
5086	5086	III through VI of this Act may be obligated for as-14
5087	5087	sistance for the Palestine Liberation Organization. 15
5088	5088	MIDDLE EAST AND NORTH AFRICA 16
5089	5089	S
5090	5090	EC. 7041. (a) EGYPT.— 17
5091	5091	(1) C
5092	5092	ERTIFICATION AND REPORT .—Funds ap-18
5093	5093	propriated by this Act that are available for assist-19
5094	5094	ance for Egypt may be made available notwith-20
5095	5095	standing any other provision of law restricting as-21
5096	5096	sistance for Egypt, except for this subsection and 22
5097	5097	section 620M of the Foreign Assistance Act of 1961, 23
5098	5098	and may only be made available for assistance for 24
5099	5099	the Government of Egypt if the Secretary of State 25 190
5100	5100	•S 2438 RS
5101	5101	certifies and reports to the Committees on Appro-1
5102	5102	priations that such government is— 2
5103	5103	(A) sustaining the strategic relationship 3
5104	5104	with the United States; and 4
5105	5105	(B) meeting its obligations under the 1979 5
5106	5106	Egypt-Israel Peace Treaty. 6
5107	5107	(2) E
5108	5108	CONOMIC SUPPORT FUND .—Of the funds 7
5109	5109	appropriated by this Act under the heading ‘‘Eco-8
5110	5110	nomic Support Fund’’, not less than $125,000,000 9
5111	5111	shall be made available for assistance for Egypt, of 10
5112	5112	which not less than $40,000,000 should be made 11
5113	5113	available for higher education programs, including 12
5114	5114	not less than $15,000,000 for scholarships for Egyp-13
5115	5115	tian students with high financial need to attend not- 14
5116	5116	for-profit institutions of higher education in Egypt 15
5117	5117	that are currently accredited by a regional accred-16
5118	5118	iting agency recognized by the United States De-17
5119	5119	partment of Education, or meets standards equiva-18
5120	5120	lent to those required for United States institutional 19
5121	5121	accreditation by a regional accrediting agency recog-20
5122	5122	nized by such Department: Provided, That such 21
5123	5123	funds shall be made available for democracy pro-22
5124	5124	grams, and for development programs in the Sinai. 23
5125	5125	(3) F
5126	5126	OREIGN MILITARY FINANCING PRO -24
5127	5127	GRAM.— 25 191
5128	5128	•S 2438 RS
5129	5129	(A) CERTIFICATION.—Of the funds appro-1
5130	5130	priated by this Act under the heading ‘‘Foreign 2
5131	5131	Military Financing Program’’, $1,300,000,000, 3
5132	5132	to remain available until September 30, 2025, 4
5133	5133	should be made available for assistance for 5
5134	5134	Egypt: Provided, That such funds may be 6
5135	5135	transferred to an interest bearing account in 7
5136	5136	the Federal Reserve Bank of New York, fol-8
5137	5137	lowing consultation with the Committees on Ap-9
5138	5138	propriations, and the uses of any interest 10
5139	5139	earned on such funds shall be subject to the 11
5140	5140	regular notification procedures of the Commit-12
5141	5141	tees on Appropriations: Provided further, That 13
5142	5142	$225,000,000 of such funds shall be withheld 14
5143	5143	from obligation until the Secretary of State cer-15
5144	5144	tifies and reports to the Committees on Appro-16
5145	5145	priations that the Government of Egypt is tak-17
5146	5146	ing sustained and effective steps to— 18
5147	5147	(i) strengthen the rule of law, demo-19
5148	5148	cratic institutions, and human rights in 20
5149	5149	Egypt, including to protect religious mi-21
5150	5150	norities and the rights of women, which 22
5151	5151	are in addition to steps taken during the 23
5152	5152	previous calendar year for such purposes; 24 192
5153	5153	•S 2438 RS
5154	5154	(ii) implement reforms that protect 1
5155	5155	freedoms of expression, association, and 2
5156	5156	peaceful assembly, including the ability of 3
5157	5157	civil society organizations, human rights 4
5158	5158	defenders, and the media to function with-5
5159	5159	out interference; 6
5160	5160	(iii) hold Egyptian security forces ac-7
5161	5161	countable, including officers credibly al-8
5162	5162	leged to have violated human rights; 9
5163	5163	(iv) investigate and prosecute cases of 10
5164	5164	extrajudicial killings and forced disappear-11
5165	5165	ances; 12
5166	5166	(v) provide regular access for United 13
5167	5167	States officials to monitor such assistance 14
5168	5168	in areas where the assistance is used; and 15
5169	5169	(vi) provide American citizens with 16
5170	5170	fair and commensurate compensation for 17
5171	5171	injuries and losses caused by the Egyptian 18
5172	5172	military. 19
5173	5173	(B) W
5174	5174	AIVER.—The Secretary of State may 20
5175	5175	waive the certification requirement in subpara-21
5176	5176	graph (A) if the Secretary determines and re-22
5177	5177	ports to the Committees on Appropriations that 23
5178	5178	such funds are necessary for counterterrorism, 24
5179	5179	border security, or nonproliferation programs or 25 193
5180	5180	•S 2438 RS
5181	5181	that it is otherwise important to the national 1
5182	5182	security interest of the United States to do so, 2
5183	5183	and submits a report to such Committees con-3
5184	5184	taining a detailed justification for the use of 4
5185	5185	such waiver and the reasons why any of the re-5
5186	5186	quirements of subparagraph (A) cannot be met: 6
5187	5187	Provided, That the report required by this para-7
5188	5188	graph shall be submitted in unclassified form, 8
5189	5189	but may be accompanied by a classified annex. 9
5190	5190	(C) In addition to the funds withheld pur-10
5191	5191	suant to subparagraph (A), $100,000,000 of 11
5192	5192	the funds made available pursuant to this para-12
5193	5193	graph shall be withheld from obligation until 13
5194	5194	the Secretary of State determines and reports 14
5195	5195	to the Committees on Appropriations that the 15
5196	5196	Government of Egypt is making clear and con-16
5197	5197	sistent progress in reducing the number of po-17
5198	5198	litical prisoners, providing detainees with due 18
5199	5199	process of law, and preventing the intimidation 19
5200	5200	and harassment of American citizens. 20
5201	5201	(b) I
5202	5202	RAN.— 21
5203	5203	(1) F
5204	5204	UNDING.—Funds appropriated by this Act 22
5205	5205	under the headings ‘‘Diplomatic Programs’’, ‘‘Eco-23
5206	5206	nomic Support Fund’’, and ‘‘Nonproliferation, Anti- 24
5207	5207	terrorism, Demining and Related Programs’’ shall 25 194
5208	5208	•S 2438 RS
5209	5209	be made available for the programs and activities de-1
5210	5210	scribed under this section in the report accom-2
5211	5211	panying this Act. 3
5212	5212	(2) S
5213	5213	ANCTIONS REPORT.—Not later than 180 4
5214	5214	days after the date of enactment of this Act, the 5
5215	5215	Secretary of State, in consultation with the Sec-6
5216	5216	retary of the Treasury, shall submit to the appro-7
5217	5217	priate congressional committees a report on— 8
5218	5218	(A) the status of United States bilateral 9
5219	5219	sanctions on Iran; 10
5220	5220	(B) the reimposition and renewed enforce-11
5221	5221	ment of secondary sanctions; and 12
5222	5222	(C) the impact such sanctions have had on 13
5223	5223	Iran’s destabilizing activities throughout the 14
5224	5224	Middle East. 15
5225	5225	(c) I
5226	5226	RAQ.—Funds appropriated under titles III and 16
5227	5227	IV of this Act shall be made available for assistance for 17
5228	5228	Iraq for— 18
5229	5229	(1) bilateral economic assistance and inter-19
5230	5230	national security assistance, including in the 20
5231	5231	Kurdistan Region of Iraq; 21
5232	5232	(2) stabilization assistance, including in Anbar 22
5233	5233	Province; 23
5234	5234	(3) programs to support government trans-24
5235	5235	parency and accountability, support judicial inde-25 195
5236	5236	•S 2438 RS
5237	5237	pendence, protect the right of due process, end the 1
5238	5238	use of torture, and combat corruption; 2
5239	5239	(4) humanitarian assistance, including in the 3
5240	5240	Kurdistan Region of Iraq; 4
5241	5241	(5) programs to protect and assist religious and 5
5242	5242	ethnic minority populations; and 6
5243	5243	(6) programs to increase United States private 7
5244	5244	sector investment. 8
5245	5245	(d) I
5246	5246	SRAEL.—Of the funds appropriated by this Act 9
5247	5247	under the heading ‘‘Foreign Military Financing Pro-10
5248	5248	gram’’, not less than $3,300,000,000 shall be available for 11
5249	5249	grants only for Israel which shall be disbursed within 30 12
5250	5250	days of enactment of this Act: Provided, That to the extent 13
5251	5251	that the Government of Israel requests that funds be used 14
5252	5252	for such purposes, grants made available for Israel under 15
5253	5253	this heading shall, as agreed by the United States and 16
5254	5254	Israel, be available for advanced weapons systems, of 17
5255	5255	which not less than $725,300,000 shall be available for 18
5256	5256	the procurement in Israel of defense articles and defense 19
5257	5257	services, including research and development. 20
5258	5258	(e) J
5259	5259	ORDAN.—Of the funds appropriated by this Act 21
5260	5260	under titles III and IV, not less than $1,650,000,000 shall 22
5261	5261	be made available for assistance for Jordan, of which not 23
5262	5262	less than $845,100,000 shall be made available for budget 24
5263	5263	support for the Government of Jordan and not less than 25 196
5264	5264	•S 2438 RS
5265	5265	$425,000,000 shall be made available under the heading 1
5266	5266	‘‘Foreign Military Financing Program’’. 2
5267	5267	(f) L
5268	5268	EBANON.— 3
5269	5269	(1) A
5270	5270	SSISTANCE.—Funds appropriated under 4
5271	5271	titles III and IV of this Act shall be made available 5
5272	5272	for assistance for Lebanon: Provided, That such 6
5273	5273	funds made available under the heading ‘‘Economic 7
5274	5274	Support Fund’’ may be made available notwith-8
5275	5275	standing section 1224 of the Foreign Relations Au-9
5276	5276	thorization Act, Fiscal Year 2003 (Public Law 107– 10
5277	5277	228; 22 U.S.C. 2346 note). 11
5278	5278	(2) S
5279	5279	ECURITY ASSISTANCE.— 12
5280	5280	(A) Funds appropriated by this Act under 13
5281	5281	the headings ‘‘International Narcotics Control 14
5282	5282	and Law Enforcement’’ and ‘‘Foreign Military 15
5283	5283	Financing Program’’ that are made available 16
5284	5284	for assistance for Lebanon may be made avail-17
5285	5285	able for programs and equipment for the Leba-18
5286	5286	nese Internal Security Forces (ISF) and the 19
5287	5287	Lebanese Armed Forces (LAF) to address secu-20
5288	5288	rity and stability requirements in areas affected 21
5289	5289	by conflict in Syria, following consultation with 22
5290	5290	the appropriate congressional committees. 23
5291	5291	(B) Funds appropriated by this Act under 24
5292	5292	the heading ‘‘Foreign Military Financing Pro-25 197
5293	5293	•S 2438 RS
5294	5294	gram’’ that are made available for assistance 1
5295	5295	for Lebanon may only be made available for 2
5296	5296	programs to— 3
5297	5297	(i) professionalize the LAF to miti-4
5298	5298	gate internal and external threats from 5
5299	5299	non-state actors, including Hizballah; 6
5300	5300	(ii) strengthen border security and 7
5301	5301	combat terrorism, including training and 8
5302	5302	equipping the LAF to secure the borders 9
5303	5303	of Lebanon and address security and sta-10
5304	5304	bility requirements in areas affected by 11
5305	5305	conflict in Syria, interdicting arms ship-12
5306	5306	ments, and preventing the use of Lebanon 13
5307	5307	as a safe haven for terrorist groups; and 14
5308	5308	(iii) implement United Nations Secu-15
5309	5309	rity Council Resolution 1701: 16
5310	5310	Provided, That prior to obligating funds made 17
5311	5311	available by this subparagraph for assistance 18
5312	5312	for the LAF, the Secretary of State shall sub-19
5313	5313	mit to the Committees on Appropriations a 20
5314	5314	spend plan, including actions to be taken to en-21
5315	5315	sure equipment provided to the LAF is used 22
5316	5316	only for the intended purposes, except such plan 23
5317	5317	may not be considered as meeting the notifica-24
5318	5318	tion requirements under section 7015 of this 25 198
5319	5319	•S 2438 RS
5320	5320	Act or under section 634A of the Foreign As-1
5321	5321	sistance Act of 1961: Provided further, That 2
5322	5322	any notification submitted pursuant to such 3
5323	5323	section shall include any funds specifically in-4
5324	5324	tended for lethal military equipment. 5
5325	5325	(3) L
5326	5326	IMITATION.—None of the funds appro-6
5327	5327	priated by this Act may be made available for the 7
5328	5328	ISF or the LAF if the ISF or the LAF is controlled 8
5329	5329	by a foreign terrorist organization, as designated 9
5330	5330	pursuant to section 219 of the Immigration and Na-10
5331	5331	tionality Act (8 U.S.C. 1189). 11
5332	5332	(g) L
5333	5333	IBYA.—Of the funds appropriated under titles 12
5334	5334	III and IV of this Act, not less than $32,000,000 shall 13
5335	5335	be made available for stabilization assistance for Libya, 14
5336	5336	including support for a United Nations-facilitated political 15
5337	5337	process and border security: Provided, That the limitation 16
5338	5338	on the uses of funds for certain infrastructure projects in 17
5339	5339	section 7041(f)(2) of the Department of State, Foreign 18
5340	5340	Operations, and Related Programs Appropriations Act, 19
5341	5341	2014 (division K of Public Law 113–76) shall apply to 20
5342	5342	such funds: Provided further, That funds made available 21
5343	5343	by this Act for assistance for Libya shall be made available 22
5344	5344	for the purposes enumerated in section 509(a) of the Glob-23
5345	5345	al Fragility Act of 2019 (22 U.S.C. 9808). 24 199
5346	5346	•S 2438 RS
5347	5347	(h) MOROCCO.—Funds appropriated under titles III 1
5348	5348	and IV of this Act shall be made available for assistance 2
5349	5349	for Morocco. 3
5350	5350	(i) S
5351	5351	AUDIARABIA.— 4
5352	5352	(1) P
5353	5353	ROHIBITION.—None of the funds appro-5
5354	5354	priated by this Act under the heading ‘‘International 6
5355	5355	Military Education and Training’’ may be made 7
5356	5356	available for assistance for the Government of Saudi 8
5357	5357	Arabia. 9
5358	5358	(2) E
5359	5359	XPORT-IMPORT BANK.—None of the funds 10
5360	5360	appropriated or otherwise made available by this Act 11
5361	5361	and prior Acts making appropriations for the De-12
5362	5362	partment of State, foreign operations, and related 13
5363	5363	programs should be obligated or expended by the 14
5364	5364	Export-Import Bank of the United States to guar-15
5365	5365	antee, insure, or extend (or participate in the exten-16
5366	5366	sion of) credit in connection with the export of nu-17
5367	5367	clear technology, equipment, fuel, materials, or other 18
5368	5368	nuclear technology-related goods or services to Saudi 19
5369	5369	Arabia unless the Government of Saudi Arabia— 20
5370	5370	(A) has in effect a nuclear cooperation 21
5371	5371	agreement pursuant to section 123 of the 22
5372	5372	Atomic Energy Act of 1954 (42 U.S.C. 2153); 23 200
5373	5373	•S 2438 RS
5374	5374	(B) has committed to renounce uranium 1
5375	5375	enrichment and reprocessing on its territory 2
5376	5376	under that agreement; and 3
5377	5377	(C) has signed and implemented an Addi-4
5378	5378	tional Protocol to its Comprehensive Safeguards 5
5379	5379	Agreement with the International Atomic En-6
5380	5380	ergy Agency. 7
5381	5381	(j) S
5382	5382	YRIA.— 8
5383	5383	(1) N
5384	5384	ON-LETHAL ASSISTANCE .—Funds appro-9
5385	5385	priated by this Act under titles III and IV may be 10
5386	5386	made available, notwithstanding any other provision 11
5387	5387	of law, for non-lethal stabilization assistance for 12
5388	5388	Syria, including for emergency medical and rescue 13
5389	5389	response and chemical weapons investigations. 14
5390	5390	(2) L
5391	5391	IMITATIONS.—Funds made available pur-15
5392	5392	suant to paragraph (1) of this subsection— 16
5393	5393	(A) may not be made available for a 17
5394	5394	project or activity that supports or otherwise le-18
5395	5395	gitimizes the Government of Iran, foreign ter-19
5396	5396	rorist organizations (as designated pursuant to 20
5397	5397	section 219 of the Immigration and Nationality 21
5398	5398	Act (8 U.S.C. 1189)), or a proxy of Iran in 22
5399	5399	Syria; 23
5400	5400	(B) may not be made available for activi-24
5401	5401	ties that further the strategic objectives of the 25 201
5402	5402	•S 2438 RS
5403	5403	Government of the Russian Federation that the 1
5404	5404	Secretary of State determines may threaten or 2
5405	5405	undermine United States national security in-3
5406	5406	terests; and 4
5407	5407	(C) should not be used in areas of Syria 5
5408	5408	controlled by a government led by Bashar al- 6
5409	5409	Assad or associated forces. 7
5410	5410	(3) U.S.
5411	5411	GOVERNMENT AL-HOL ACTION PLAN.— 8
5412	5412	Of the funds appropriated under title III of this Act 9
5413	5413	and prior Acts making appropriations for the De-10
5414	5414	partment of State, foreign operations, and related 11
5415	5415	programs, not less than $25,000,000 shall be made 12
5416	5416	available to implement the ‘‘U.S. Government Al-Hol 13
5417	5417	Action Plan’’. 14
5418	5418	(4) C
5419	5419	ONSULTATION AND NOTIFICATION .— 15
5420	5420	Funds made available pursuant to this subsection 16
5421	5421	may only be made available following consultation 17
5422	5422	with the appropriate congressional committees, and 18
5423	5423	shall be subject to the regular notification proce-19
5424	5424	dures of the Committees on Appropriations. 20
5425	5425	(k) T
5426	5426	UNISIA.— 21
5427	5427	(1) A
5428	5428	SSISTANCE.—Funds appropriated under 22
5429	5429	titles III and IV of this Act shall be made available 23
5430	5430	for assistance for Tunisia for programs to improve 24
5431	5431	economic growth and opportunity, support demo-25 202
5432	5432	•S 2438 RS
5433	5433	cratic governance and civil society, protect due proc-1
5434	5434	ess of law, and maintain regional stability and secu-2
5435	5435	rity, following consultation with the Committees on 3
5436	5436	Appropriations. 4
5437	5437	(2) R
5438	5438	EPORT.—Not later than 90 days after the 5
5439	5439	date of enactment of this Act, the Secretary of State 6
5440	5440	shall submit a report to the Committees on Appro-7
5441	5441	priations on the extent to which— 8
5442	5442	(A) the Government of Tunisia is imple-9
5443	5443	menting economic reforms, countering corrup-10
5444	5444	tion, and taking credible steps to restore con-11
5445	5445	stitutional order and democratic governance, in-12
5446	5446	cluding respecting freedoms of expression, asso-13
5447	5447	ciation, and the press, and the rights of mem-14
5448	5448	bers of political parties, that are in addition to 15
5449	5449	steps taken in the preceding fiscal year; 16
5450	5450	(B) the Government of Tunisia is main-17
5451	5451	taining the independence of the judiciary, inap-18
5452	5452	propriately utilizing military courts, and holding 19
5453	5453	security forces who commit human rights 20
5454	5454	abuses accountable; and 21
5455	5455	(C) the Tunisian military has remained an 22
5456	5456	apolitical and professional institution. 23
5457	5457	(l) W
5458	5458	ESTBANK ANDGAZA.— 24 203
5459	5459	•S 2438 RS
5460	5460	(1) ASSISTANCE.—Funds appropriated by this 1
5461	5461	Act under the heading ‘‘Economic Support Fund’’ 2
5462	5462	shall be made available for programs in the West 3
5463	5463	Bank and Gaza, which may include water, sanita-4
5464	5464	tion, and other infrastructure improvements. 5
5465	5465	(2) R
5466	5466	EPORT ON ASSISTANCE .—Prior to the ini-6
5467	5467	tial obligation of funds made available by this Act 7
5468	5468	under the heading ‘‘Economic Support Fund’’ for 8
5469	5469	assistance for the West Bank and Gaza, the Sec-9
5470	5470	retary of State shall report to the Committees on 10
5471	5471	Appropriations that the purpose of such assistance 11
5472	5472	is to— 12
5473	5473	(A) advance Middle East peace; 13
5474	5474	(B) improve security in the region; 14
5475	5475	(C) continue support for transparent and 15
5476	5476	accountable government institutions; 16
5477	5477	(D) promote a private sector economy; or 17
5478	5478	(E) address urgent humanitarian needs. 18
5479	5479	(3) L
5480	5480	IMITATIONS.— 19
5481	5481	(A)(i) None of the funds appropriated 20
5482	5482	under the heading ‘‘Economic Support Fund’’ 21
5483	5483	in this Act may be made available for assistance 22
5484	5484	for the Palestinian Authority, if after the date 23
5485	5485	of enactment of this Act— 24 204
5486	5486	•S 2438 RS
5487	5487	(I) the Palestinians obtain the same 1
5488	5488	standing as member states or full member-2
5489	5489	ship as a state in the United Nations or 3
5490	5490	any specialized agency thereof outside an 4
5491	5491	agreement negotiated between Israel and 5
5492	5492	the Palestinians; or 6
5493	5493	(II) the Palestinians initiate an Inter-7
5494	5494	national Criminal Court (ICC) judicially 8
5495	5495	authorized investigation, or actively sup-9
5496	5496	port such an investigation, that subjects 10
5497	5497	Israeli nationals to an investigation for al-11
5498	5498	leged crimes against Palestinians. 12
5499	5499	(ii) The Secretary of State may waive the 13
5500	5500	restriction in clause (i) of this subparagraph re-14
5501	5501	sulting from the application of subclause (I) of 15
5502	5502	such clause if the Secretary certifies to the 16
5503	5503	Committees on Appropriations that to do so is 17
5504	5504	in the national security interest of the United 18
5505	5505	States, and submits a report to such Commit-19
5506	5506	tees detailing how the waiver and the continu-20
5507	5507	ation of assistance would assist in furthering 21
5508	5508	Middle East peace. 22
5509	5509	(B)(i) The President may waive the provi-23
5510	5510	sions of section 1003 of the Foreign Relations 24
5511	5511	Authorization Act, Fiscal Years 1988 and 1989 25 205
5512	5512	•S 2438 RS
5513	5513	(Public Law 100–204) if the President deter-1
5514	5514	mines and certifies in writing to the Speaker of 2
5515	5515	the House of Representatives, the President pro 3
5516	5516	tempore of the Senate, and the appropriate con-4
5517	5517	gressional committees that the Palestinians 5
5518	5518	have not, after the date of enactment of this 6
5519	5519	Act— 7
5520	5520	(I) obtained in the United Nations or 8
5521	5521	any specialized agency thereof the same 9
5522	5522	standing as member states or full member-10
5523	5523	ship as a state outside an agreement nego-11
5524	5524	tiated between Israel and the Palestinians; 12
5525	5525	and 13
5526	5526	(II) initiated or actively supported an 14
5527	5527	ICC investigation against Israeli nationals 15
5528	5528	for alleged crimes against Palestinians. 16
5529	5529	(ii) Not less than 90 days after the Presi-17
5530	5530	dent is unable to make the certification pursu-18
5531	5531	ant to clause (i) of this subparagraph, the 19
5532	5532	President may waive section 1003 of Public 20
5533	5533	Law 100–204 if the President determines and 21
5534	5534	certifies in writing to the Speaker of the House 22
5535	5535	of Representatives, the President pro tempore 23
5536	5536	of the Senate, and the Committees on Appro-24
5537	5537	priations that the Palestinians have entered 25 206
5538	5538	•S 2438 RS
5539	5539	into direct and meaningful negotiations with 1
5540	5540	Israel: Provided, That any waiver of the provi-2
5541	5541	sions of section 1003 of Public Law 100–204 3
5542	5542	under clause (i) of this subparagraph or under 4
5543	5543	previous provisions of law must expire before 5
5544	5544	the waiver under this clause may be exercised. 6
5545	5545	(iii) Any waiver pursuant to this subpara-7
5546	5546	graph shall be effective for no more than a pe-8
5547	5547	riod of 6 months at a time and shall not apply 9
5548	5548	beyond 12 months after the enactment of this 10
5549	5549	Act. 11
5550	5550	(4) A
5551	5551	PPLICATION OF TAYLOR FORCE ACT .— 12
5552	5552	Funds appropriated by this Act under the heading 13
5553	5553	‘‘Economic Support Fund’’ that are made available 14
5554	5554	for assistance for the West Bank and Gaza shall be 15
5555	5555	made available consistent with section 1004(a) of 16
5556	5556	the Taylor Force Act (title X of division S of Public 17
5557	5557	Law 115–141). 18
5558	5558	(5) S
5559	5559	ECURITY REPORT.—The reporting require-19
5560	5560	ments in section 1404 of the Supplemental Appro-20
5561	5561	priations Act, 2008 (Public Law 110–252) shall 21
5562	5562	apply to funds made available by this Act, including 22
5563	5563	a description of modifications, if any, to the security 23
5564	5564	strategy of the Palestinian Authority. 24 207
5565	5565	•S 2438 RS
5566	5566	(6) INCITEMENT REPORT .—Not later than 90 1
5567	5567	days after the date of enactment of this Act, the 2
5568	5568	Secretary of State shall submit a report to the ap-3
5569	5569	propriate congressional committees detailing steps 4
5570	5570	taken by the Palestinian Authority and the Govern-5
5571	5571	ment of Israel to counter incitement of violence and 6
5572	5572	to promote peace and coexistence between Israelis 7
5573	5573	and Palestinians. 8
5574	5574	AFRICA 9
5575	5575	S
5576	5576	EC. 7042. (a) AFRICANGREATLAKESREGIONAS-10
5577	5577	SISTANCERESTRICTION.—Funds appropriated by this Act 11
5578	5578	under the heading ‘‘International Military Education and 12
5579	5579	Training’’ for the central government of a country in the 13
5580	5580	African Great Lakes region may be made available only 14
5581	5581	for Expanded International Military Education and Train-15
5582	5582	ing and professional military education until the Secretary 16
5583	5583	of State determines and reports to the Committees on Ap-17
5584	5584	propriations that such government is not facilitating or 18
5585	5585	otherwise participating in destabilizing activities in a 19
5586	5586	neighboring country, including aiding and abetting armed 20
5587	5587	groups. 21
5588	5588	(b) C
5589	5589	OUNTERILLICITARMEDGROUPS.—Funds ap-22
5590	5590	propriated by this Act shall be made available for pro-23
5591	5591	grams and activities in areas affected by the Lord’s Re-24
5592	5592	sistance Army (LRA) or other illicit armed groups in 25 208
5593	5593	•S 2438 RS
5594	5594	Eastern Democratic Republic of the Congo and the Cen-1
5595	5595	tral African Republic, including to improve physical ac-2
5596	5596	cess, telecommunications infrastructure, and early-warn-3
5597	5597	ing mechanisms and to support the disarmament, demobi-4
5598	5598	lization, and reintegration of former LRA combatants, es-5
5599	5599	pecially child soldiers. 6
5600	5600	(c) D
5601	5601	EMOCRATICREPUBLIC OF THECONGO.—Funds 7
5602	5602	appropriated by this Act shall be made available for assist-8
5603	5603	ance for the Democratic Republic of the Congo (DRC) for 9
5604	5604	stabilization, democracy, global health, and bilateral eco-10
5605	5605	nomic assistance: Provided, That such funds shall also be 11
5606	5606	made available to support security, stabilization, develop-12
5607	5607	ment, and democracy in Eastern DRC: Provided further, 13
5608	5608	That funds appropriated by this Act under the headings 14
5609	5609	‘‘Peacekeeping Operations’’ and ‘‘International Military 15
5610	5610	Education and Training’’ that are made available for such 16
5611	5611	purposes may be made available notwithstanding any 17
5612	5612	other provision of law, except section 620M of the Foreign 18
5613	5613	Assistance Act of 1961. 19
5614	5614	(d) E
5615	5615	THIOPIA.—Funds appropriated by this Act that 20
5616	5616	are made available for assistance for Ethiopia should be 21
5617	5617	used to support— 22
5618	5618	(1) political dialogue; 23
5619	5619	(2) civil society and the protection of human 24
5620	5620	rights; 25 209
5621	5621	•S 2438 RS
5622	5622	(3) investigations and prosecutions of gross vio-1
5623	5623	lations of human rights; and 2
5624	5624	(4) the provision and monitoring of humani-3
5625	5625	tarian assistance and the restoration of basic serv-4
5626	5626	ices in areas impacted by conflict, consistent with 5
5627	5627	the requirements under this heading in the report 6
5628	5628	accompanying this Act. 7
5629	5629	(e) S
5630	5630	OUTHSUDAN.—None of the funds appropriated 8
5631	5631	by this Act under title IV may be made available for as-9
5632	5632	sistance for the central Government of South Sudan, ex-10
5633	5633	cept to support implementation of outstanding issues of 11
5634	5634	the Comprehensive Peace Agreement, mutual arrange-12
5635	5635	ments related to post-referendum issues associated with 13
5636	5636	such Agreement, or any other viable peace agreement in 14
5637	5637	South Sudan: Provided, That funds appropriated by this 15
5638	5638	Act and prior Acts making appropriations for the Depart-16
5639	5639	ment of State, foreign operations, and related programs 17
5640	5640	that are made available for any new program, project, or 18
5641	5641	activity in South Sudan shall be subject to prior consulta-19
5642	5642	tion with the appropriate congressional committees. 20
5643	5643	(f) S
5644	5644	UDAN.— 21
5645	5645	(1) L
5646	5646	IMITATION.—None of the funds appro-22
5647	5647	priated by this Act under title IV may be made 23
5648	5648	available for assistance for the central Government 24
5649	5649	of Sudan, except to support implementation of out-25 210
5650	5650	•S 2438 RS
5651	5651	standing issues of the Comprehensive Peace Agree-1
5652	5652	ment, mutual arrangements related to post-ref-2
5653	5653	erendum issues associated with such Agreement, or 3
5654	5654	any other viable peace agreement in Sudan. 4
5655	5655	(2) C
5656	5656	ONSULTATION.—Funds appropriated by 5
5657	5657	this Act and prior Acts making appropriations for 6
5658	5658	the Department of State, foreign operations, and re-7
5659	5659	lated programs that are made available for any pro-8
5660	5660	gram, project, or activity in Sudan shall be subject 9
5661	5661	to prior consultation with the appropriate congres-10
5662	5662	sional committees. 11
5663	5663	(g) Z
5664	5664	IMBABWE.— 12
5665	5665	(1) I
5666	5666	NSTRUCTION.—The Secretary of the Treas-13
5667	5667	ury shall instruct the United States executive direc-14
5668	5668	tor of each international financial institution to vote 15
5669	5669	against any extension by the respective institution of 16
5670	5670	any loan or grant to the Government of Zimbabwe, 17
5671	5671	except to meet basic human needs or to promote de-18
5672	5672	mocracy, unless the Secretary of State certifies and 19
5673	5673	reports to the Committees on Appropriations that 20
5674	5674	the rule of law has been restored, including respect 21
5675	5675	for ownership and title to property, and freedoms of 22
5676	5676	expression, association, and assembly. 23
5677	5677	(2) L
5678	5678	IMITATION.—None of the funds appro-24
5679	5679	priated by this Act shall be made available for as-25 211
5680	5680	•S 2438 RS
5681	5681	sistance for the central Government of Zimbabwe, 1
5682	5682	except for health and education, unless the Secretary 2
5683	5683	of State certifies and reports as required in para-3
5684	5684	graph (1). 4
5685	5685	EAST ASIA AND THE PACIFIC 5
5686	5686	S
5687	5687	EC. 7043. (a) BURMA.— 6
5688	5688	(1) U
5689	5689	SES OF FUNDS.—Of the funds appro-7
5690	5690	priated by this Act under the heading ‘‘Economic 8
5691	5691	Support Fund’’, not less than $121,000,000 shall be 9
5692	5692	made available for assistance for Burma for the pur-10
5693	5693	poses described in section 5575 of the Burma Act of 11
5694	5694	2022 (subtitle E of title LV of division E of Public 12
5695	5695	Law 117–263) and section 7043(a) of the Depart-13
5696	5696	ment of State, Foreign Operations, and Related Pro-14
5697	5697	grams Appropriations Act, 2023 (division K of Pub-15
5698	5698	lic Law 117–328): Provided, That the authorities, 16
5699	5699	limitations, and conditions contained in section 17
5700	5700	7043(a) of division K of Public Law 117–328 shall 18
5701	5701	continue in effect during fiscal year 2024: Provided 19
5702	5702	further, That for the purposes of section 5575 of the 20
5703	5703	Burma Act of 2022 and assistance for Burma made 21
5704	5704	available by this Act and prior Acts making appro-22
5705	5705	priations for the Department of State, foreign oper-23
5706	5706	ations, and related programs, ‘‘non-lethal assist-24 212
5707	5707	•S 2438 RS
5708	5708	ance’’ shall include equipment and associated train-1
5709	5709	ing to support— 2
5710	5710	(A) atrocities prevention; 3
5711	5711	(B) the protection of civilians from mili-4
5712	5712	tary attack; 5
5713	5713	(C) the delivery of humanitarian assist-6
5714	5714	ance; 7
5715	5715	(D) investigations into genocide and 8
5716	5716	human rights violations committed by the Bur-9
5717	5717	mese military; 10
5718	5718	(E) local governance and the provision of 11
5719	5719	services in areas outside the control of the Bur-12
5720	5720	mese military; and 13
5721	5721	(F) medical trauma care, supplies, and 14
5722	5722	training. 15
5723	5723	(2) D
5724	5724	ESERTER PROGRAMS .—Pursuant to sec-16
5725	5725	tion 7043(a)(1)(A) of division K of Public Law 117– 17
5726	5726	328, as continued in effect by this subsection, funds 18
5727	5727	appropriated by this Act and prior Acts making ap-19
5728	5728	propriations for the Department of State, foreign 20
5729	5729	operations, and related programs that are made 21
5730	5730	available for assistance for Burma shall be made 22
5731	5731	available for programs and activities to support de-23
5732	5732	serters from the military junta and its allied entities, 24 213
5733	5733	•S 2438 RS
5734	5734	following consultation with the appropriate congres-1
5735	5735	sional committees. 2
5736	5736	(3) J
5737	5737	USTICE AND ACCOUNTABILITY .—Of the 3
5738	5738	funds appropriated by this Act under the heading 4
5739	5739	‘‘Economic Support Fund’’, not less than 5
5740	5740	$1,000,000 shall be made available to support jus-6
5741	5741	tice and accountability efforts for crimes against hu-7
5742	5742	manity and acts of genocide against the Rohingya, 8
5743	5743	following consultation with the Committees on Ap-9
5744	5744	propriations: Provided, That the Bureau of Democ-10
5745	5745	racy, Human Rights and Labor, Department of 11
5746	5746	State, shall have responsibility for the uses of such 12
5747	5747	funds: Provided further, That such funds are in ad-13
5748	5748	dition to funds otherwise made available to inves-14
5749	5749	tigate and document violations of human rights com-15
5750	5750	mitted by the Burmese military against ethnic 16
5751	5751	groups in Burma. 17
5752	5752	(4) C
5753	5753	ONSULTATION.—Any new program or ac-18
5754	5754	tivity in Burma initiated during fiscal year 2024 19
5755	5755	shall be subject to prior consultation with the appro-20
5756	5756	priate congressional committees. 21
5757	5757	(b) C
5758	5758	AMBODIA.— 22
5759	5759	(1) C
5760	5760	ERTIFICATION.—None of the funds appro-23
5761	5761	priated by this Act that are made available for as-24
5762	5762	sistance for the Government of Cambodia may be 25 214
5763	5763	•S 2438 RS
5764	5764	made available unless the Secretary of State sub-1
5765	5765	mits, no earlier than the submission of the report re-2
5766	5766	quired by section 653(a) of the Foreign Assistance 3
5767	5767	Act of 1961, the certification required under this 4
5768	5768	heading in the report accompanying this Act: Pro-5
5769	5769	vided, That the Secretary of State may waive this 6
5770	5770	requirement on a program-by-program basis if the 7
5771	5771	Secretary determines and reports to the Committees 8
5772	5772	on Appropriations that to do so is important to the 9
5773	5773	national interest of the United States, including a 10
5774	5774	description of such interest. 11
5775	5775	(2) P
5776	5776	ROHIBITION OF ENTRY .—Section 7031(c) 12
5777	5777	of this Act shall be applied to officials of the Gov-13
5778	5778	ernment of Cambodia about whom the Secretary of 14
5779	5779	State has credible information have been involved in 15
5780	5780	the unlawful and wrongful detention of United 16
5781	5781	States citizen Theary Seng. 17
5782	5782	(c) I
5783	5783	NDO-PACIFICSTRATEGY.— 18
5784	5784	(1) A
5785	5785	SSISTANCE.—Of the funds appropriated 19
5786	5786	under titles III and IV of this Act, not less than 20
5787	5787	$1,900,000,000 shall be made available to support 21
5788	5788	implementation of the Indo-Pacific Strategy. 22
5789	5789	(2) C
5790	5790	OUNTERING PRC INFLUENCE FUND .—Of 23
5791	5791	the funds appropriated by this Act under the head-24
5792	5792	ings ‘‘Development Assistance’’, ‘‘Economic Support 25 215
5793	5793	•S 2438 RS
5794	5794	Fund’’, ‘‘International Narcotics Control and Law 1
5795	5795	Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 2
5796	5796	Demining and Related Programs’’, and ‘‘Foreign 3
5797	5797	Military Financing Program’’, not less than 4
5798	5798	$400,000,000 shall be made available for a Coun-5
5799	5799	tering PRC Influence Fund to counter the influence 6
5800	5800	of the Government of the People’s Republic of China 7
5801	5801	and the Chinese Communist Party and entities act-8
5802	5802	ing on their behalf globally, which shall be subject 9
5803	5803	to prior consultation with the Committees on Appro-10
5804	5804	priations: Provided, That such funds are in addition 11
5805	5805	to amounts otherwise made available for such pur-12
5806	5806	poses: Provided further, That up to 10 percent of 13
5807	5807	such funds shall be held in reserve to respond to un-14
5808	5808	anticipated opportunities to counter PRC influence: 15
5809	5809	Provided further, That the Coordinator of the Office 16
5810	5810	of China Coordination, Department of State (China 17
5811	5811	Coordinator), shall be responsible for the allocation 18
5812	5812	of such funds, in consultation with relevant bureaus 19
5813	5813	and offices of the Department of State and USAID: 20
5814	5814	Provided further, That funds made available pursu-21
5815	5815	ant to this paragraph under the heading ‘‘Foreign 22
5816	5816	Military Financing Program’’ may remain available 23
5817	5817	until September 30, 2025: Provided further, That 24
5818	5818	funds appropriated by this Act for such Fund under 25 216
5819	5819	•S 2438 RS
5820	5820	the headings ‘‘International Narcotics Control and 1
5821	5821	Law Enforcement’’, ‘‘Nonproliferation, Anti-ter-2
5822	5822	rorism, Demining and Related Programs’’, and 3
5823	5823	‘‘Foreign Military Financing Program’’ may be 4
5824	5824	transferred to, and merged with, funds appropriated 5
5825	5825	under such headings: Provided further, That such 6
5826	5826	transfer authority is in addition to any other trans-7
5827	5827	fer authority provided by this Act or any other Act, 8
5828	5828	and is subject to the regular notification procedures 9
5829	5829	of the Committees on Appropriations. 10
5830	5830	(3) R
5831	5831	ESTRICTION ON USES OF FUNDS .—None 11
5832	5832	of the funds appropriated by this Act and prior Acts 12
5833	5833	making appropriations for the Department of State, 13
5834	5834	foreign operations, and related programs may be 14
5835	5835	made available for any project or activity that di-15
5836	5836	rectly supports or promotes— 16
5837	5837	(A) the Belt and Road Initiative or any 17
5838	5838	dual-use infrastructure projects of the People’s 18
5839	5839	Republic of China; and 19
5840	5840	(B) the use of technology, including bio-20
5841	5841	technology, digital, telecommunications, and 21
5842	5842	cyber, developed by the People’s Republic of 22
5843	5843	China unless the Secretary of State, in con-23
5844	5844	sultation with the USAID Administrator and 24
5845	5845	the heads of other Federal agencies, as appro-25 217
5846	5846	•S 2438 RS
5847	5847	priate, determines that such use does not ad-1
5848	5848	versely impact the national security of the 2
5849	5849	United States. 3
5850	5850	(4) S
5851	5851	TRATEGIC REVIEW.—Funds appropriated 4
5852	5852	by this Act shall be made available to design and im-5
5853	5853	plement reforms of the processes and procedures re-6
5854	5854	garding the application, consideration, and delivery 7
5855	5855	of equipment and technical training under the For-8
5856	5856	eign Military Financing Program (FMF) and For-9
5857	5857	eign Military Sales (FMS) program, including imple-10
5858	5858	mentation of FMS 2023 by the Department of 11
5859	5859	State: Provided, That not later than 180 days after 12
5860	5860	enactment of this Act, and every quarter thereafter 13
5861	5861	through September 30, 2025, the Secretary of State, 14
5862	5862	in consultation with the heads of other relevant Fed-15
5863	5863	eral agencies, shall submit a comprehensive strategic 16
5864	5864	review to the appropriate congressional committees 17
5865	5865	on the implementation and impact of such reforms 18
5866	5866	in the Philippines, Indonesia, Vietnam, Singapore, 19
5867	5867	and Taiwan, including a description of such reforms 20
5868	5868	and the military equipment to be provided or pur-21
5869	5869	chased: Provided further, That such assessment shall 22
5870	5870	include consultation with all relevant stakeholders. 23
5871	5871	(5) M
5872	5872	APS.—None of the funds made available 24
5873	5873	by this Act should be used to create, procure, or dis-25 218
5874	5874	•S 2438 RS
5875	5875	play any map that inaccurately depicts the territory 1
5876	5876	and social and economic system of Taiwan and the 2
5877	5877	islands or island groups administered by Taiwan au-3
5878	5878	thorities. 4
5879	5879	(d) L
5880	5880	AOS.—Of the funds appropriated by this Act 5
5881	5881	under titles III and IV, not less than $93,000,000 shall 6
5882	5882	be made available for assistance for Laos, including for 7
5883	5883	assistance for persons with disabilities caused by 8
5884	5884	unexploded ordnance accidents, and of which up to 9
5885	5885	$1,500,000 may be made available for programs to assist 10
5886	5886	persons with severe physical mobility, cognitive, or devel-11
5887	5887	opmental disabilities in areas sprayed with Agent Orange: 12
5888	5888	Provided, That funds made available pursuant to this sub-13
5889	5889	section may be used, in consultation with the Government 14
5890	5890	of Laos, for assessments of the existence of dioxin con-15
5891	5891	tamination resulting from the use of Agent Orange in 16
5892	5892	Laos and the feasibility and cost of remediation. 17
5893	5893	(e) N
5894	5894	ORTHKOREA.— 18
5895	5895	(1) C
5896	5896	YBERSECURITY.—None of the funds ap-19
5897	5897	propriated by this Act or prior Acts making appro-20
5898	5898	priations for the Department of State, foreign oper-21
5899	5899	ations, and related programs may be made available 22
5900	5900	for assistance for the central government of a coun-23
5901	5901	try the Secretary of State determines and reports to 24
5902	5902	the appropriate congressional committees engages in 25 219
5903	5903	•S 2438 RS
5904	5904	significant transactions contributing materially to 1
5905	5905	the malicious cyber-intrusion capabilities of the Gov-2
5906	5906	ernment of North Korea: Provided, That the Sec-3
5907	5907	retary of State shall submit the report required by 4
5908	5908	section 209 of the North Korea Sanctions and Policy 5
5909	5909	Enhancement Act of 2016 (Public Law 114–122; 22 6
5910	5910	U.S.C. 9229) to the Committees on Appropriations: 7
5911	5911	Provided further, That the Secretary of State may 8
5912	5912	waive the application of the restriction in this para-9
5913	5913	graph with respect to assistance for the central gov-10
5914	5914	ernment of a country if the Secretary determines 11
5915	5915	and reports to the appropriate congressional com-12
5916	5916	mittees that to do so is important to the national se-13
5917	5917	curity interest of the United States, including a de-14
5918	5918	scription of such interest served. 15
5919	5919	(2) B
5920	5920	ROADCASTS.—Funds appropriated by this 16
5921	5921	Act under the heading ‘‘International Broadcasting 17
5922	5922	Operations’’ shall be made available to maintain 18
5923	5923	broadcasting hours into North Korea at levels not 19
5924	5924	less than the prior fiscal year. 20
5925	5925	(3) H
5926	5926	UMAN RIGHTS.—Funds appropriated by 21
5927	5927	this Act under the headings ‘‘Economic Support 22
5928	5928	Fund’’ and ‘‘Democracy Fund’’ shall be made avail-23
5929	5929	able for the promotion of human rights in North 24 220
5930	5930	•S 2438 RS
5931	5931	Korea: Provided, That the authority of section 1
5932	5932	7032(b)(1) of this Act shall apply to such funds. 2
5933	5933	(4) L
5934	5934	IMITATION ON USE OF FUNDS .—None of 3
5935	5935	the funds made available by this Act under the 4
5936	5936	heading ‘‘Economic Support Fund’’ may be made 5
5937	5937	available for assistance for the Government of North 6
5938	5938	Korea. 7
5939	5939	(f) P
5940	5940	ACIFICISLANDSCOUNTRIES.— 8
5941	5941	(1) O
5942	5942	PERATIONS.—Funds appropriated by this 9
5943	5943	Act under the headings ‘‘Diplomatic Programs’’ for 10
5944	5944	the Department of State and ‘‘Operating Expenses’’ 11
5945	5945	for the United States Agency for International De-12
5946	5946	velopment shall be made available to expand the 13
5947	5947	United States diplomatic and development presence 14
5948	5948	in Pacific Islands countries (PICs), including the 15
5949	5949	number and location of facilities and personnel: Pro-16
5950	5950	vided, That not later than 120 days after the date 17
5951	5951	of enactment of this Act, the Secretary of State, in 18
5952	5952	consultation with the USAID Administrator, shall 19
5953	5953	submit to the Committees on Appropriations a spend 20
5954	5954	plan detailing such expansion during fiscal years 21
5955	5955	2024 and 2025: Provided further, That concurrent 22
5956	5956	with the submission of the spend plan required by 23
5957	5957	the previous proviso, the Secretary of State and 24
5958	5958	USAID Administrator shall jointly consult with the 25 221
5959	5959	•S 2438 RS
5960	5960	Committees on Appropriations on the feasibility and 1
5961	5961	costs of, including administrative support for, estab-2
5962	5962	lishing a— 3
5963	5963	(A) diplomatic and development platform 4
5964	5964	in the Pacific region; and 5
5965	5965	(B) Department of State air wing to facili-6
5966	5966	tate travel, supply, emergency evacuation, and 7
5967	5967	other support necessary for personnel, including 8
5968	5968	Peace Corps volunteers, stationed in PICs. 9
5969	5969	(2) A
5970	5970	SSISTANCE.—Of the funds appropriated by 10
5971	5971	this Act under the headings ‘‘Development Assist-11
5972	5972	ance’’, ‘‘Economic Support Fund’’, ‘‘International 12
5973	5973	Narcotics Control and Law Enforcement’’, ‘‘Non-13
5974	5974	proliferation, Anti-terrorism, Demining and Related 14
5975	5975	Programs’’, and ‘‘Foreign Military Financing Pro-15
5976	5976	gram’’, not less than $175,000,000 shall be made 16
5977	5977	available for assistance for PICs, including to imple-17
5978	5978	ment the U.S. Pacific Partnership Strategy and 18
5979	5979	Partners in the Blue Pacific initiative, and to fur-19
5980	5980	ther the goals of the Pacific Islands Forum’s 2050 20
5981	5981	Strategy for the Blue Pacific Continent: Provided, 21
5982	5982	That funds appropriated by this Act that are made 22
5983	5983	available for the Countering PRC Influence Fund 23
5984	5984	shall be made available for assistance for PICs, in 24
5985	5985	addition to funds made available under this para-25 222
5986	5986	•S 2438 RS
5987	5987	graph: Provided further, That funds made available 1
5988	5988	by this paragraph for assistance for PICs shall be 2
5989	5989	made available for programs and activities to 3
5990	5990	strengthen and expand cooperation between the 4
5991	5991	United States and higher education institutions in 5
5992	5992	PICs, to be awarded on a competitive basis: Pro-6
5993	5993	vided further, That funds made available by this 7
5994	5994	paragraph for assistance for PICs shall be made 8
5995	5995	available to appropriately commemorate the anniver-9
5996	5996	sary of World War II battles in the Pacific in which 10
5997	5997	American servicemen and women lost their lives: 11
5998	5998	Provided further, That of the funds made available 12
5999	5999	by this paragraph for assistance for PICs, not less 13
6000	6000	than $5,000,000 shall be made available for tri-14
6001	6001	lateral programs, including with Australia, Japan, 15
6002	6002	New Zealand, Canada, the European Union (EU) 16
6003	6003	and EU Member States, the Republic of Korea, the 17
6004	6004	United Kingdom, and Taiwan. 18
6005	6005	(g) P
6006	6006	EOPLE’SREPUBLIC OFCHINA.— 19
6007	6007	(1) L
6008	6008	IMITATION ON USE OF FUNDS .—None of 20
6009	6009	the funds appropriated under the heading ‘‘Diplo-21
6010	6010	matic Programs’’ in this Act may be obligated or ex-22
6011	6011	pended for processing licenses for the export of sat-23
6012	6012	ellites of United States origin (including commercial 24
6013	6013	satellites and satellite components) to the People’s 25 223
6014	6014	•S 2438 RS
6015	6015	Republic of China (PRC) unless, at least 15 days in 1
6016	6016	advance, the Committees on Appropriations are noti-2
6017	6017	fied of such proposed action. 3
6018	6018	(2) P
6019	6019	EOPLE’S LIBERATION ARMY .—The terms 4
6020	6020	and requirements of section 620(h) of the Foreign 5
6021	6021	Assistance Act of 1961 shall apply to foreign assist-6
6022	6022	ance projects or activities of the People’s Liberation 7
6023	6023	Army (PLA) of the PRC, to include such projects or 8
6024	6024	activities by any entity that is owned or controlled 9
6025	6025	by, or an affiliate of, the PLA: Provided, That none 10
6026	6026	of the funds appropriated or otherwise made avail-11
6027	6027	able pursuant to this Act may be used to finance 12
6028	6028	any grant, contract, or cooperative agreement with 13
6029	6029	the PLA, or any entity that the Secretary of State 14
6030	6030	has reason to believe is owned or controlled by, or 15
6031	6031	an affiliate of, the PLA. 16
6032	6032	(3) H
6033	6033	ONG KONG.— 17
6034	6034	(A) Of the funds appropriated by this Act 18
6035	6035	under the heading ‘‘Economic Support Fund’’ 19
6036	6036	and in the first paragraph under the heading 20
6037	6037	‘‘Democracy Fund’’, not less than $6,500,000 21
6038	6038	shall be made available for programs for Hong 22
6039	6039	Kong, including legal and other support for de-23
6040	6040	mocracy activists, following consultation with 24
6041	6041	the Committees on Appropriations: Provided, 25 224
6042	6042	•S 2438 RS
6043	6043	That $1,500,000 of such funds shall be trans-1
6044	6044	ferred to, and merged with, funds appropriated 2
6045	6045	by this Act under the heading ‘‘Educational and 3
6046	6046	Cultural Exchange Programs’’ for exchange 4
6047	6047	programs and other programs and activities of 5
6048	6048	an American Center in Hong Kong, to be estab-6
6049	6049	lished pursuant to paragraph (B). 7
6050	6050	(B) Funds appropriated by this Act under 8
6051	6051	the heading ‘‘Embassy Security, Construction, 9
6052	6052	and Maintenance’’ shall be made available for 10
6053	6053	the costs associated with establishing and sus-11
6054	6054	taining an American Center in Hong Kong, fol-12
6055	6055	lowing consultation with the appropriate con-13
6056	6056	gressional committees. 14
6057	6057	(C) None of the funds made available pur-15
6058	6058	suant to this paragraph should be obligated for 16
6059	6059	the Government of the People’s Republic of 17
6060	6060	China, the Chinese Communist Party, or an en-18
6061	6061	tity acting on their behalf in Hong Kong. 19
6062	6062	(4) O
6063	6063	FFICE OF CHINA COORDINATION .—Of the 20
6064	6064	funds appropriated by this Act under the heading 21
6065	6065	‘‘Diplomatic Programs’’, not less than $5,000,000 22
6066	6066	shall be made available for programs to protect and 23
6067	6067	advance United States national interests at inter-24
6068	6068	national organizations, including the temporary 25 225
6069	6069	•S 2438 RS
6070	6070	surge of personnel, which shall be the responsibility 1
6071	6071	of the China Coordinator, Department of State: Pro-2
6072	6072	vided, That such funds are in addition to amounts 3
6073	6073	otherwise made available for the Office of China Co-4
6074	6074	ordination, Department of State, and shall be sub-5
6075	6075	ject to prior consultation with, and the regular noti-6
6076	6076	fication procedures of, the Committees on Appro-7
6077	6077	priations. 8
6078	6078	(h) P
6079	6079	HILIPPINES.—Funds appropriated by this Act 9
6080	6080	that are made available for assistance for the Philippines 10
6081	6081	shall be made available at not less than the amount re-11
6082	6082	quested in the President’s budget request for fiscal year 12
6083	6083	2024: Provided, That none of the funds appropriated by 13
6084	6084	this Act may be made available for counternarcotics assist-14
6085	6085	ance for the Philippines, except for drug demand reduc-15
6086	6086	tion, maritime law enforcement, or transnational interdic-16
6087	6087	tion. 17
6088	6088	(i) T
6089	6089	AIWAN.— 18
6090	6090	(1) G
6091	6091	LOBAL COOPERATION AND TRAINING 19
6092	6092	FRAMEWORK.—Of the funds appropriated by this 20
6093	6093	Act under the heading ‘‘Economic Support Fund’’, 21
6094	6094	not less than $4,000,000 shall be made available for 22
6095	6095	the Global Cooperation and Training Framework, 23
6096	6096	which shall be administered by the American Insti-24
6097	6097	tute in Taiwan. 25 226
6098	6098	•S 2438 RS
6099	6099	(2) FOREIGN MILITARY FINANCING .— 1
6100	6100	(A) Of the funds appropriated by this Act 2
6101	6101	under the heading ‘‘Foreign Military Financing 3
6102	6102	Program’’, $113,000,000 shall be made avail-4
6103	6103	able for assistance for Taiwan. 5
6104	6104	(B) Funds appropriated by this Act and 6
6105	6105	prior Acts making appropriations for the De-7
6106	6106	partment of State, foreign operations, and re-8
6107	6107	lated programs under the heading ‘‘Foreign 9
6108	6108	Military Financing Program’’, except for 10
6109	6109	amounts designated as an emergency require-11
6110	6110	ment pursuant to a concurrent resolution on 12
6111	6111	the budget or the Balanced Budget and Emer-13
6112	6112	gency Deficit Control Act of 1985, may be 14
6113	6113	made available for the costs, as defined in sec-15
6114	6114	tion 502 of the Congressional Budget Act of 16
6115	6115	1974, of direct loans and loan guarantees for 17
6116	6116	Taiwan, if otherwise authorized: Provided, That 18
6117	6117	such costs may include the costs of selling, re-19
6118	6118	ducing, or cancelling any amounts owed to the 20
6119	6119	United States or any agency of the United 21
6120	6120	States: Provided further, That the gross prin-22
6121	6121	cipal balance of such direct loans shall not ex-23
6122	6122	ceed $2,000,000,000, and the gross principal 24
6123	6123	balance of guaranteed loans shall not exceed 25 227
6124	6124	•S 2438 RS
6125	6125	$2,000,000,000: Provided further, That the Sec-1
6126	6126	retary of State may use amounts charged to the 2
6127	6127	borrower as origination fees to pay for the cost 3
6128	6128	of such loans: Provided further, That interest 4
6129	6129	for such loans may be charged at a rate deter-5
6130	6130	mined by the Secretary of State, notwith-6
6131	6131	standing any other provision of law. 7
6132	6132	(3) F
6133	6133	ELLOWSHIP PROGRAM .—Funds appro-8
6134	6134	priated by this Act under the heading ‘‘Payment to 9
6135	6135	the American Institute in Taiwan’’ shall be made 10
6136	6136	available for the Taiwan Fellowship Program. 11
6137	6137	(4) C
6138	6138	ONSULTATION.—Not later than 60 days 12
6139	6139	after the date of enactment of this Act, the Sec-13
6140	6140	retary of State shall consult with the Committees on 14
6141	6141	Appropriations on the uses of funds made available 15
6142	6142	pursuant to this subsection: Provided, That such 16
6143	6143	funds shall be subject to the regular notification pro-17
6144	6144	cedures of the Committees on Appropriations. 18
6145	6145	(j) T
6146	6146	IBET.— 19
6147	6147	(1) F
6148	6148	INANCING OF PROJECTS IN TIBET .—The 20
6149	6149	Secretary of the Treasury should instruct the United 21
6150	6150	States executive director of each international finan-22
6151	6151	cial institution to use the voice and vote of the 23
6152	6152	United States to support financing of projects in 24
6153	6153	Tibet if such projects do not provide incentives for 25 228
6154	6154	•S 2438 RS
6155	6155	the migration and settlement of non-Tibetans into 1
6156	6156	Tibet or facilitate the transfer of ownership of Ti-2
6157	6157	betan land and natural resources to non-Tibetans, 3
6158	6158	are based on a thorough needs-assessment, foster 4
6159	6159	self-sufficiency of the Tibetan people and respect Ti-5
6160	6160	betan culture and traditions, and are subject to ef-6
6161	6161	fective monitoring. 7
6162	6162	(2) P
6163	6163	ROGRAMS FOR TIBETAN COMMUNITIES .— 8
6164	6164	(A) Notwithstanding any other provision of 9
6165	6165	law, of the funds appropriated by this Act 10
6166	6166	under the heading ‘‘Economic Support Fund’’, 11
6167	6167	not less than $10,000,000 shall be made avail-12
6168	6168	able to nongovernmental organizations with ex-13
6169	6169	perience working with Tibetan communities to 14
6170	6170	support activities which preserve cultural tradi-15
6171	6171	tions and promote sustainable development, 16
6172	6172	education, and environmental conservation in 17
6173	6173	Tibetan communities in the Tibet Autonomous 18
6174	6174	Region and in other Tibetan communities in 19
6175	6175	China. 20
6176	6176	(B) Of the funds appropriated by this Act 21
6177	6177	under the heading ‘‘Economic Support Fund’’, 22
6178	6178	not less than $8,000,000 shall be made avail-23
6179	6179	able for programs to promote and preserve Ti-24
6180	6180	betan culture and language in the refugee and 25 229
6181	6181	•S 2438 RS
6182	6182	diaspora Tibetan communities, development, 1
6183	6183	and the resilience of Tibetan communities and 2
6184	6184	the Central Tibetan Administration in India 3
6185	6185	and Nepal, and to assist in the education and 4
6186	6186	development of the next generation of Tibetan 5
6187	6187	leaders from such communities: Provided, That 6
6188	6188	such funds are in addition to amounts made 7
6189	6189	available in subparagraph (A) for programs in-8
6190	6190	side Tibet. 9
6191	6191	(C) Of the funds appropriated by this Act 10
6192	6192	under the heading ‘‘Economic Support Fund’’, 11
6193	6193	not less than $4,500,000 shall be made avail-12
6194	6194	able for programs to strengthen the capacity of 13
6195	6195	the Central Tibetan Administration, of which 14
6196	6196	up to $1,500,000 may be made available to 15
6197	6197	support housing needs and related services for 16
6198	6198	displaced Tibetan refugee families in India and 17
6199	6199	Nepal, following consultation with the Commit-18
6200	6200	tees on Appropriations: Provided, That such 19
6201	6201	funds shall be administered by the United 20
6202	6202	States Agency for International Development. 21
6203	6203	(k) V
6204	6204	IETNAM.—Of the funds appropriated under ti-22
6205	6205	tles III and IV of this Act, not less than $197,000,000 23
6206	6206	shall be made available for assistance for Vietnam, of 24
6207	6207	which not less than— 25 230
6208	6208	•S 2438 RS
6209	6209	(1) $30,000,000 shall be made available for 1
6210	6210	health and disability programs to assist persons with 2
6211	6211	severe physical mobility, cognitive, or developmental 3
6212	6212	disabilities: Provided, That such funds shall be 4
6213	6213	prioritized to assist persons whose disabilities may 5
6214	6214	be related to the use of Agent Orange and exposure 6
6215	6215	to dioxin, or are the result of unexploded ordnance 7
6216	6216	accidents; 8
6217	6217	(2) $20,000,000 shall be made available, not-9
6218	6218	withstanding any other provision of law, for activi-10
6219	6219	ties related to the remediation of dioxin contami-11
6220	6220	nated sites in Vietnam and may be made available 12
6221	6221	for assistance for the Government of Vietnam, in-13
6222	6222	cluding the military, for such purposes; 14
6223	6223	(3) $3,000,000 shall be made available for the 15
6224	6224	Reconciliation/Vietnamese Wartime Accounting Ini-16
6225	6225	tiative; and 17
6226	6226	(4) $15,000,000 shall be made available for 18
6227	6227	higher education programs. 19
6228	6228	SOUTH AND CENTRAL ASIA 20
6229	6229	S
6230	6230	EC. 7044. (a) AFGHANISTAN.— 21
6231	6231	(1) R
6232	6232	ESTRICTION.—None of the funds appro-22
6233	6233	priated by this Act and prior Acts making appro-23
6234	6234	priations for the Department of State, foreign oper-24
6235	6235	ations, and related programs and made available for 25 231
6236	6236	•S 2438 RS
6237	6237	assistance for Afghanistan may be made available 1
6238	6238	for direct assistance to the Taliban. 2
6239	6239	(2) A
6240	6240	FGHAN SPECIAL IMMIGRANT VISAS .— 3
6241	6241	Funds appropriated or otherwise made available by 4
6242	6242	this Act under the heading ‘‘Administration for For-5
6243	6243	eign Affairs’’ and fees available for obligation during 6
6244	6244	fiscal year 2024 in the Consular and Border Secu-7
6245	6245	rity Programs account shall be made available for 8
6246	6246	additional Department of State personnel necessary 9
6247	6247	to eliminate processing backlogs and expedite adju-10
6248	6248	dication of Afghan Special Immigrant Visa cases, in-11
6249	6249	cluding for the National Visa Center and the Afghan 12
6250	6250	Special Immigrant Visa Unit. 13
6251	6251	(3) A
6252	6252	FGHAN STUDENTS .—Funds appropriated 14
6253	6253	by this Act and prior Acts making appropriations 15
6254	6254	for the Department of State, foreign operations, and 16
6255	6255	related programs shall be made available to support 17
6256	6256	the higher education of students from Afghanistan 18
6257	6257	studying outside of the country, including the costs 19
6258	6258	of reimbursement to institutions hosting such stu-20
6259	6259	dents, as appropriate: Provided, That the Secretary 21
6260	6260	of State and the Administrator of the United States 22
6261	6261	Agency for International Development, as appro-23
6262	6262	priate, shall consult with the Committees on Appro-24 232
6263	6263	•S 2438 RS
6264	6264	priations prior to the initial obligation of funds for 1
6265	6265	such purposes. 2
6266	6266	(4) A
6267	6267	FGHAN WOMEN .—Of the funds appro-3
6268	6268	priated by this Act under the heading ‘‘Economic 4
6269	6269	Support Fund’’ that are made available for assist-5
6270	6270	ance for Afghanistan, not less than $5,000,000 shall 6
6271	6271	be made available for programs to investigate and 7
6272	6272	document human rights abuses against women in 8
6273	6273	Afghanistan: Provided, That such funds shall be the 9
6274	6274	responsibility of the Bureau of Democracy, Human 10
6275	6275	Rights, and Labor, Department of State, following 11
6276	6276	consultation with the Committees on Appropriations. 12
6277	6277	(5) R
6278	6278	EPORT.—Not later than 45 days after the 13
6279	6279	date of enactment of this Act, the Secretary of State 14
6280	6280	and the USAID Administrator shall submit a report 15
6281	6281	to the appropriate congressional committees detail-16
6282	6282	ing plans, consistent with the restriction contained 17
6283	6283	in paragraph (1), to— 18
6284	6284	(A) protect and strengthen the rights of 19
6285	6285	Afghan women and girls; 20
6286	6286	(B) support higher education programs, in-21
6287	6287	cluding continued support for the American 22
6288	6288	University of Afghanistan’s (AUAF) online pro-23
6289	6289	grams and support for other higher education 24
6290	6290	institutions in South Asia and the Middle East 25 233
6291	6291	•S 2438 RS
6292	6292	that are hosting AUAF and other Afghan stu-1
6293	6293	dents; 2
6294	6294	(C) support Afghan civil society activists, 3
6295	6295	journalists, and independent media, including in 4
6296	6296	third countries; and 5
6297	6297	(D) support health, education, including 6
6298	6298	community-based education, and other pro-7
6299	6299	grams to address the basic needs of the people 8
6300	6300	of Afghanistan. 9
6301	6301	(b) N
6302	6302	EPAL.—Funds appropriated by this Act under 10
6303	6303	the heading ‘‘Foreign Military Financing Program’’ that 11
6304	6304	are made available for assistance for Nepal shall only be 12
6305	6305	made available for humanitarian and disaster relief and 13
6306	6306	reconstruction activities, and in support of international 14
6307	6307	peacekeeping operations, military professionalization and 15
6308	6308	training, and border security activities: Provided, That 16
6309	6309	such funds may only be made available for additional uses 17
6310	6310	if the Secretary of State certifies and reports to the Com-18
6311	6311	mittees on Appropriations that the Government of Nepal 19
6312	6312	is investigating and prosecuting violations of human rights 20
6313	6313	and the laws of war by the Nepal Army, and the Nepal 21
6314	6314	Army is cooperating fully with civilian judicial authorities 22
6315	6315	in such cases. 23
6316	6316	(c) P
6317	6317	AKISTAN.— 24
6318	6318	(1) A
6319	6319	SSISTANCE.— 25 234
6320	6320	•S 2438 RS
6321	6321	(A) SECURITY ASSISTANCE .—Funds ap-1
6322	6322	propriated by this Act under the heading ‘‘For-2
6323	6323	eign Military Financing Program’’ for assist-3
6324	6324	ance for Pakistan may be made available only 4
6325	6325	to support counterterrorism and counterinsur-5
6326	6326	gency capabilities in Pakistan. 6
6327	6327	(B) B
6328	6328	ILATERAL ECONOMIC ASSISTANCE .— 7
6329	6329	Prior to the obligation of funds made available 8
6330	6330	by this Act under the heading ‘‘Economic Sup-9
6331	6331	port Fund’’ for assistance for the central Gov-10
6332	6332	ernment of Pakistan, the Secretary of State 11
6333	6333	shall submit a report to the appropriate con-12
6334	6334	gressional committees detailing— 13
6335	6335	(i) the amount of financing and other 14
6336	6336	support, if any, provided by the Govern-15
6337	6337	ment of Pakistan to schools supported by, 16
6338	6338	affiliated with, or run by the Taliban or 17
6339	6339	any domestic or foreign terrorist organiza-18
6340	6340	tion in Pakistan; 19
6341	6341	(ii) the extent of cooperation by such 20
6342	6342	government in issuing visas in a timely 21
6343	6343	manner for United States visitors, includ-22
6344	6344	ing officials and representatives of non-23
6345	6345	governmental organizations, engaged in as-24 235
6346	6346	•S 2438 RS
6347	6347	sistance and security programs in Paki-1
6348	6348	stan; 2
6349	6349	(iii) the extent to which such govern-3
6350	6350	ment is providing humanitarian organiza-4
6351	6351	tions access to detainees, internally dis-5
6352	6352	placed persons, and other Pakistani civil-6
6353	6353	ians affected by conflict in Pakistan and 7
6354	6354	the region; and 8
6355	6355	(iv) the extent to which such govern-9
6356	6356	ment is strengthening democracy in Paki-10
6357	6357	stan, including protecting freedom of ex-11
6358	6358	pression, assembly, and religion. 12
6359	6359	(2) A
6360	6360	UTHORITY AND USES OF FUNDS .—(A) 13
6361	6361	Funds appropriated by this Act for assistance for 14
6362	6362	Pakistan may be made available notwithstanding 15
6363	6363	any other provision of law, except for section 620M 16
6364	6364	of the Foreign Assistance Act of 1961. 17
6365	6365	(B) Funds appropriated by this Act under the 18
6366	6366	heading ‘‘International Narcotics Control and Law 19
6367	6367	Enforcement’’ shall be made available for border se-20
6368	6368	curity programs in Pakistan, following consultation 21
6369	6369	with the Committees on Appropriations. 22
6370	6370	(C) Funds appropriated by title III of this Act 23
6371	6371	shall be made available for programs to promote de-24
6372	6372	mocracy and for gender programs in Pakistan. 25 236
6373	6373	•S 2438 RS
6374	6374	(3) WITHHOLDING.—Of the funds appropriated 1
6375	6375	under titles III and IV of this Act that are made 2
6376	6376	available for assistance for Pakistan, $33,000,000 3
6377	6377	shall be withheld from obligation until the Secretary 4
6378	6378	of State reports to the Committees on Appropria-5
6379	6379	tions that Dr. Shakil Afridi has been released from 6
6380	6380	prison and cleared of all charges relating to the as-7
6381	6381	sistance provided to the United States in locating 8
6382	6382	Osama bin Laden. 9
6383	6383	(d) S
6384	6384	RILANKA.— 10
6385	6385	(1) A
6386	6386	SSISTANCE.—Funds appropriated under 11
6387	6387	title III of this Act shall be made available for as-12
6388	6388	sistance for Sri Lanka for democracy and economic 13
6389	6389	development programs, particularly in areas recov-14
6390	6390	ering from ethnic and religious conflict. 15
6391	6391	(2) C
6392	6392	ERTIFICATION.—Funds appropriated by 16
6393	6393	this Act for assistance for the central Government of 17
6394	6394	Sri Lanka may be made available only if the Sec-18
6395	6395	retary of State certifies and reports to the Commit-19
6396	6396	tees on Appropriations that such Government is tak-20
6397	6397	ing effective and consistent steps to— 21
6398	6398	(A) protect the rights and freedoms of the 22
6399	6399	people of Sri Lanka regardless of ethnicity and 23
6400	6400	religious belief, including by investigating viola-24
6401	6401	tions of human rights and the laws of war and 25 237
6402	6402	•S 2438 RS
6403	6403	holding perpetrators of such violations account-1
6404	6404	able; 2
6405	6405	(B) address the basic needs of the people 3
6406	6406	of Sri Lanka and responsibly mitigate the im-4
6407	6407	pact of the country’s economic collapse, includ-5
6408	6408	ing by increasing transparency and account-6
6409	6409	ability in governance; 7
6410	6410	(C) combat corruption, including bringing 8
6411	6411	to justice public officials who have engaged in 9
6412	6412	significant acts of corruption; 10
6413	6413	(D) assert its sovereignty against influence 11
6414	6414	by the People’s Republic of China; and 12
6415	6415	(E) promote reconciliation between ethnic 13
6416	6416	and religious groups, particularly arising from 14
6417	6417	past conflict in Sri Lanka, including by— 15
6418	6418	(i) addressing land confiscation and 16
6419	6419	ownership issues; 17
6420	6420	(ii) resolving cases of missing persons, 18
6421	6421	including by maintaining a functioning and 19
6422	6422	credible office of missing persons; 20
6423	6423	(iii) reducing the presence of the 21
6424	6424	armed forces in former conflict zones and 22
6425	6425	restructuring the armed forces for a peace-23
6426	6426	time role that contributes to post-conflict 24
6427	6427	reconciliation and regional security; 25 238
6428	6428	•S 2438 RS
6429	6429	(iv) repealing or amending laws on ar-1
6430	6430	rest and detention by security forces to 2
6431	6431	comply with international standards; and 3
6432	6432	(v) investigating allegations of arbi-4
6433	6433	trary arrest and torture, and supporting a 5
6434	6434	credible justice mechanism for resolving 6
6435	6435	cases of war crimes: 7
6436	6436	Provided, That the limitations of this paragraph 8
6437	6437	shall not apply to funds made available for hu-9
6438	6438	manitarian assistance and disaster relief; to 10
6439	6439	protect human rights, locate and identify miss-11
6440	6440	ing persons, and assist victims of torture and 12
6441	6441	trauma; to promote justice, accountability, and 13
6442	6442	reconciliation; to enhance maritime security and 14
6443	6443	domain awareness; to promote fiscal trans-15
6444	6444	parency and sovereignty; and for International 16
6445	6445	Military Education and Training. 17
6446	6446	(3) L
6447	6447	IMITATION.—None of the funds appro-18
6448	6448	priated by this Act may be made available for assist-19
6449	6449	ance for the Sri Lankan armed forces, except for hu-20
6450	6450	manitarian assistance, disaster relief, instruction in 21
6451	6451	human rights and related curricula development, 22
6452	6452	maritime security and domain awareness, including 23
6453	6453	professionalization and training for the navy and 24
6454	6454	coast guard, and funds appropriated by this Act 25 239
6455	6455	•S 2438 RS
6456	6456	under the heading ‘‘International Military Education 1
6457	6457	and Training’’. 2
6458	6458	(4) C
6459	6459	ONSULTATION.—Funds made available for 3
6460	6460	assistance for Sri Lanka other than for the purposes 4
6461	6461	specified in paragraph (1) shall be subject to prior 5
6462	6462	consultation with the Committees on Appropriations. 6
6463	6463	(e) R
6464	6464	EGIONALPROGRAMS.—Funds appropriated by 7
6465	6465	this Act shall be made available for assistance for coun-8
6466	6466	tries in South and Central Asia to significantly increase 9
6467	6467	the recruitment, training, and retention of women in the 10
6468	6468	judiciary, police, and other security forces, and to train 11
6469	6469	judicial and security personnel in such countries to pre-12
6470	6470	vent and address gender-based violence, human traf-13
6471	6471	ficking, and other practices that disproportionately harm 14
6472	6472	women and girls. 15
6473	6473	LATIN AMERICA AND THE CARIBBEAN 16
6474	6474	S
6475	6475	EC. 7045. (a) CENTRALAMERICA.— 17
6476	6476	(1) A
6477	6477	SSISTANCE.—Funds appropriated by this 18
6478	6478	Act under titles III and IV shall be made available 19
6479	6479	for assistance for Belize, Costa Rica, El Salvador, 20
6480	6480	Guatemala, Honduras, Nicaragua, and Panama, in-21
6481	6481	cluding through the Central America Regional Secu-22
6482	6482	rity Initiative: Provided, That such assistance shall 23
6483	6483	be prioritized for programs that address the violence, 24
6484	6484	poverty, corruption, and other factors that con-25 240
6485	6485	•S 2438 RS
6486	6486	tribute to irregular migration, particularly of unac-1
6487	6487	companied minors, to the United States, including 2
6488	6488	for programs to reduce violence against women and 3
6489	6489	girls, protect the rights of Indigenous people, sup-4
6490	6490	port civil society and other independent institutions, 5
6491	6491	enhance economic opportunity, combat corruption 6
6492	6492	and impunity, and dismantle illegal armed groups 7
6493	6493	and drug trafficking organizations. 8
6494	6494	(A) Of the funds made available pursuant 9
6495	6495	to paragraph (1)— 10
6496	6496	(i) $61,500,000 should be made avail-11
6497	6497	able to support entities and activities to 12
6498	6498	combat corruption and impunity in such 13
6499	6499	countries, including, as appropriate, offices 14
6500	6500	of Attorneys General; and 15
6501	6501	(ii) $70,000,000 should be made 16
6502	6502	available for programs to reduce violence 17
6503	6503	against women and girls, including for In-18
6504	6504	digenous women and girls. 19
6505	6505	(B) Within the funds made available pur-20
6506	6506	suant to paragraph (1) and made available for 21
6507	6507	assistance for El Salvador, Guatemala, and 22
6508	6508	Honduras, up to $100,000,000 should be made 23
6509	6509	available for programs that support locally-led 24
6510	6510	development in such countries: Provided, That 25 241
6511	6511	•S 2438 RS
6512	6512	up to 15 percent of the funds made available to 1
6513	6513	carry out this subparagraph may be used by the 2
6514	6514	Administrator of the United States Agency for 3
6515	6515	International Development for administrative 4
6516	6516	and oversight expenses related to the purposes 5
6517	6517	of this subparagraph: Provided further, That 6
6518	6518	the USAID Administrator shall consult with 7
6519	6519	the Committees on Appropriations on the 8
6520	6520	planned uses of funds to carry out this sub-9
6521	6521	paragraph prior to the initial obligation of 10
6522	6522	funds: Provided further, That such funds shall 11
6523	6523	be subject to the regular notification procedures 12
6524	6524	of the Committees on Appropriations. 13
6525	6525	(C) Funds made available pursuant to 14
6526	6526	paragraph (1) shall be made available for the 15
6527	6527	youth empowerment program established pursu-16
6528	6528	ant to section 7045(a)(1)(C) of the Department 17
6529	6529	of State, Foreign Operations, and Related Pro-18
6530	6530	grams Appropriations Act, 2022 (division K of 19
6531	6531	Public Law 117–103). 20
6532	6532	(2) L
6533	6533	IMITATION ON ASSISTANCE TO CERTAIN 21
6534	6534	CENTRAL GOVERNMENTS .— 22
6535	6535	(A) Of the funds made available pursuant 23
6536	6536	to paragraph (1) under the heading ‘‘Economic 24
6537	6537	Support Fund’’ and under title IV of this Act, 25 242
6538	6538	•S 2438 RS
6539	6539	60 percent of such funds that are made avail-1
6540	6540	able for assistance for each of the central gov-2
6541	6541	ernments of El Salvador, Guatemala, and Hon-3
6542	6542	duras may only be obligated after the Secretary 4
6543	6543	of State certifies and reports to the Committees 5
6544	6544	on Appropriations that such government is— 6
6545	6545	(i) combating corruption and impu-7
6546	6546	nity, including investigating and pros-8
6547	6547	ecuting government officials, military per-9
6548	6548	sonnel, and police officers credibly alleged 10
6549	6549	to be corrupt; 11
6550	6550	(ii) implementing reforms, policies, 12
6551	6551	and programs to strengthen the rule of 13
6552	6552	law, including increasing the transparency 14
6553	6553	of public institutions, strengthening the 15
6554	6554	independence of judicial and electoral insti-16
6555	6555	tutions, and improving the transparency of 17
6556	6556	political campaign and political party fi-18
6557	6557	nancing; 19
6558	6558	(iii) protecting the rights of human 20
6559	6559	rights defenders, trade unionists, journal-21
6560	6560	ists, civil society groups, opposition polit-22
6561	6561	ical parties, and the independence of the 23
6562	6562	media; 24 243
6563	6563	•S 2438 RS
6564	6564	(iv) providing effective and account-1
6565	6565	able law enforcement and security for its 2
6566	6566	citizens, curtailing the role of the military 3
6567	6567	in public security, and upholding due proc-4
6568	6568	ess of law; 5
6569	6569	(v) implementing programs to reduce 6
6570	6570	violence against women and girls; 7
6571	6571	(vi) implementing policies to reduce 8
6572	6572	poverty and promote economic growth and 9
6573	6573	opportunity, including the implementation 10
6574	6574	of reforms to strengthen educational sys-11
6575	6575	tems, vocational training programs, and 12
6576	6576	programs for at-risk youth; 13
6577	6577	(vii) improving border security and 14
6578	6578	combating human smuggling and traf-15
6579	6579	ficking and countering the activities of 16
6580	6580	criminal gangs, drug traffickers, and 17
6581	6581	transnational criminal organizations; 18
6582	6582	(viii) informing its citizens of the dan-19
6583	6583	gers of the journey to the southwest border 20
6584	6584	of the United States; and 21
6585	6585	(ix) implementing policies that im-22
6586	6586	prove the environment for foreign invest-23
6587	6587	ment, including executing tax reform in a 24
6588	6588	transparent manner, ensuring effective 25 244
6589	6589	•S 2438 RS
6590	6590	legal mechanisms for reimbursements of 1
6591	6591	tax refunds owed to United States busi-2
6592	6592	nesses, and resolving disputes involving the 3
6593	6593	confiscation of real property of United 4
6594	6594	States entities. 5
6595	6595	(B) R
6596	6596	EPROGRAMMING.—If the Secretary is 6
6597	6597	unable to make the certification required by 7
6598	6598	subparagraph (A) for one or more of the cen-8
6599	6599	tral governments, such assistance shall be re-9
6600	6600	programmed for assistance for civil society or-10
6601	6601	ganizations in such country, or for other coun-11
6602	6602	tries in Latin America and the Caribbean, not-12
6603	6603	withstanding the funding provisions in this sub-13
6604	6604	section and the limitations in section 7019 of 14
6605	6605	this Act: Provided, That any such reprogram-15
6606	6606	ming shall be subject to the regular notification 16
6607	6607	procedures of the Committees on Appropria-17
6608	6608	tions. 18
6609	6609	(C) E
6610	6610	XCEPTIONS.—The limitation of sub-19
6611	6611	paragraph (A) shall not apply to funds appro-20
6612	6612	priated by this Act that are made available 21
6613	6613	for— 22
6614	6614	(i) judicial entities and activities re-23
6615	6615	lated to combating corruption and impu-24
6616	6616	nity; 25 245
6617	6617	•S 2438 RS
6618	6618	(ii) programs to combat gender-based 1
6619	6619	violence; 2
6620	6620	(iii) programs to promote and protect 3
6621	6621	human rights, including those of Indige-4
6622	6622	nous communities and Afro-descendants; 5
6623	6623	(iv) humanitarian assistance; and 6
6624	6624	(v) food security programs. 7
6625	6625	(D) F
6626	6626	OREIGN MILITARY FINANCING PRO -8
6627	6627	GRAM.—None of the funds appropriated by this 9
6628	6628	Act under the heading ‘‘Foreign Military Fi-10
6629	6629	nancing Program’’ may be made available for 11
6630	6630	assistance for El Salvador, Guatemala, or Hon-12
6631	6631	duras. 13
6632	6632	(b) C
6633	6633	OLOMBIA.— 14
6634	6634	(1) A
6635	6635	SSISTANCE.—Of the funds appropriated by 15
6636	6636	this Act under titles III and IV, $487,375,000 16
6637	6637	should be made available for assistance for Colom-17
6638	6638	bia: Provided, That such funds shall be made avail-18
6639	6639	able for the programs and activities described under 19
6640	6640	this section in the report accompanying this Act: 20
6641	6641	Provided further, That of the funds appropriated by 21
6642	6642	this Act under the heading ‘‘International Narcotics 22
6643	6643	Control and Law Enforcement’’ and made available 23
6644	6644	for assistance pursuant to this paragraph, not less 24
6645	6645	than $40,000,000 shall be made available to enhance 25 246
6646	6646	•S 2438 RS
6647	6647	rural security in coca producing municipalities and 1
6648	6648	other municipalities with high levels of illicit activi-2
6649	6649	ties: Provided further, That funds made available 3
6650	6650	pursuant to the preceding proviso shall be prioritized 4
6651	6651	in such municipalities that are also targeted for as-5
6652	6652	sistance programs that provide viable economic alter-6
6653	6653	natives and improve access to public services. 7
6654	6654	(2) W
6655	6655	ITHHOLDING OF FUNDS .— 8
6656	6656	(A) C
6657	6657	OUNTERNARCOTICS.—Of the funds 9
6658	6658	appropriated by this Act under the heading 10
6659	6659	‘‘International Narcotics Control and Law En-11
6660	6660	forcement’’ that are made available for assist-12
6661	6661	ance for Colombia, 20 percent may be obligated 13
6662	6662	only if the Secretary of State certifies and re-14
6663	6663	ports to the Committees on Appropriations 15
6664	6664	that— 16
6665	6665	(i) the Government of Colombia is im-17
6666	6666	plementing an effective whole-of-govern-18
6667	6667	ment strategy to substantially and 19
6668	6668	sustainably reduce coca cultivation and co-20
6669	6669	caine production levels in Colombia, includ-21
6670	6670	ing programs and activities that support il-22
6671	6671	licit crop eradication, alternative develop-23
6672	6672	ment, drug interdiction, dismantling of 24
6673	6673	drug trafficking and money laundering net-25 247
6674	6674	•S 2438 RS
6675	6675	works, rural security, environmental pro-1
6676	6676	tection, judicial sector strengthening, and 2
6677	6677	public health services; and 3
6678	6678	(ii) such strategy is in accordance 4
6679	6679	with the 2016 peace accord between the 5
6680	6680	Government of Colombia and the Revolu-6
6681	6681	tionary Armed Forces of Colombia. 7
6682	6682	(B) H
6683	6683	UMAN RIGHTS.— 8
6684	6684	(i) Of the funds appropriated by this 9
6685	6685	Act under the heading ‘‘Foreign Military 10
6686	6686	Financing Program’’ and made available 11
6687	6687	for assistance for Colombia, 20 percent 12
6688	6688	may be obligated only if the Secretary of 13
6689	6689	State certifies and reports to the Commit-14
6690	6690	tees on Appropriations that— 15
6691	6691	(I) the Special Jurisdiction for 16
6692	6692	Peace and other judicial authorities, 17
6693	6693	as appropriate, are sentencing per-18
6694	6694	petrators of gross violations of human 19
6695	6695	rights, including those with command 20
6696	6696	responsibility, to deprivation of lib-21
6697	6697	erty; 22
6698	6698	(II) the Government of Colombia 23
6699	6699	is making consistent progress in re-24
6700	6700	ducing threats and attacks against 25 248
6701	6701	•S 2438 RS
6702	6702	human rights defenders and other 1
6703	6703	civil society activists, and judicial au-2
6704	6704	thorities are prosecuting and pun-3
6705	6705	ishing those responsible for ordering 4
6706	6706	and carrying out such attacks; 5
6707	6707	(III) the Government of Colom-6
6708	6708	bia is making consistent progress in 7
6709	6709	protecting Afro-Colombian and Indig-8
6710	6710	enous communities and is respecting 9
6711	6711	their rights and territories; 10
6712	6712	(IV) senior military officers 11
6713	6713	credibly alleged, or whose units are 12
6714	6714	credibly alleged, to be responsible for 13
6715	6715	ordering, committing, and covering up 14
6716	6716	cases of false positives and other 15
6717	6717	extrajudicial killings, or of committing 16
6718	6718	other gross violations of human 17
6719	6719	rights, or of conducting illegal com-18
6720	6720	munications intercepts or other illicit 19
6721	6721	surveillance, are being held account-20
6722	6722	able, including removal from active 21
6723	6723	duty if found guilty through criminal, 22
6724	6724	administrative, or disciplinary pro-23
6725	6725	ceedings; and 24 249
6726	6726	•S 2438 RS
6727	6727	(V) the Colombian Armed Forces 1
6728	6728	are cooperating fully with the require-2
6729	6729	ments described in subclauses (I) 3
6730	6730	through (IV). 4
6731	6731	(ii) Of the funds appropriated by this 5
6732	6732	Act under the heading ‘‘International Nar-6
6733	6733	cotics Control and Law Enforcement’’ and 7
6734	6734	made available for assistance for the Co-8
6735	6735	lombian National Police (CNP), 5 percent 9
6736	6736	may be obligated only if the Secretary of 10
6737	6737	State certifies and reports to the Commit-11
6738	6738	tees on Appropriations that the Govern-12
6739	6739	ment of Colombia is bringing to justice the 13
6740	6740	police personnel who ordered, directed, and 14
6741	6741	used excessive force and engaged in other 15
6742	6742	illegal acts against protesters in 2020 and 16
6743	6743	2021, and that the CNP is cooperating 17
6744	6744	fully with such efforts. 18
6745	6745	(3) P
6746	6746	RE-OBLIGATION REQUIREMENT .—Prior to 19
6747	6747	the obligation of funds made available by this Act 20
6748	6748	for assistance for Colombia, the Secretary of State, 21
6749	6749	in consultation with the USAID Administrator, shall 22
6750	6750	submit to the Committees on Appropriations the re-23
6751	6751	port required under this heading in the report ac-24
6752	6752	companying this Act. 25 250
6753	6753	•S 2438 RS
6754	6754	(4) EXCEPTIONS.—The limitations of para-1
6755	6755	graph (2) shall not apply to funds made available for 2
6756	6756	aviation instruction and maintenance, and maritime 3
6757	6757	and riverine security programs. 4
6758	6758	(5) A
6759	6759	UTHORITY.—Aircraft supported by funds 5
6760	6760	appropriated by this Act and prior Acts making ap-6
6761	6761	propriations for the Department of State, foreign 7
6762	6762	operations, and related programs and made available 8
6763	6763	for assistance for Colombia may be used to trans-9
6764	6764	port personnel and supplies involved in drug eradi-10
6765	6765	cation and interdiction, including security for such 11
6766	6766	activities, and to provide transport in support of al-12
6767	6767	ternative development programs and investigations 13
6768	6768	by civilian judicial authorities. 14
6769	6769	(6) L
6770	6770	IMITATION.—None of the funds appro-15
6771	6771	priated by this Act or prior Acts making appropria-16
6772	6772	tions for the Department of State, foreign oper-17
6773	6773	ations, and related programs that are made available 18
6774	6774	for assistance for Colombia may be made available 19
6775	6775	for payment of reparations to conflict victims or 20
6776	6776	compensation to demobilized combatants associated 21
6777	6777	with a peace agreement between the Government of 22
6778	6778	Colombia and illegal armed groups. 23
6779	6779	(c) H
6780	6780	AITI.— 24 251
6781	6781	•S 2438 RS
6782	6782	(1) ASSISTANCE.—Funds appropriated by this 1
6783	6783	Act under titles III and IV shall be made available 2
6784	6784	for assistance for Haiti to support the basic needs 3
6785	6785	of the Haitian people: Provided, That such funds 4
6786	6786	shall also be made available for the purposes enu-5
6787	6787	merated in section 509(a) of the Global Fragility 6
6788	6788	Act of 2019 (title V of division J of Public Law 7
6789	6789	116–94). 8
6790	6790	(2) C
6791	6791	ERTIFICATION.—Funds appropriated by 9
6792	6792	this Act that are made available for assistance for 10
6793	6793	the central Government of Haiti, except for democ-11
6794	6794	racy programs, global health, disaster relief and re-12
6795	6795	covery, and anti-gang and administration of justice 13
6796	6796	programs, may only be made available if the Sec-14
6797	6797	retary of State certifies and reports to the appro-15
6798	6798	priate congressional committees that a democrat-16
6799	6799	ically elected government has taken office, or the 17
6800	6800	country is being led by a transitional governing au-18
6801	6801	thority that is broadly representative of Haitian soci-19
6802	6802	ety, and it is in the national interest of the United 20
6803	6803	States to provide such assistance. 21
6804	6804	(3) C
6805	6805	ONSULTATION.—Funds appropriated by 22
6806	6806	this Act and prior Acts making appropriations for 23
6807	6807	the Department of State, foreign operations, and re-24
6808	6808	lated programs that are made available for assist-25 252
6809	6809	•S 2438 RS
6810	6810	ance for Haiti shall be subject to prior consultation 1
6811	6811	with the Committees on Appropriations: Provided, 2
6812	6812	That the requirement of this paragraph shall also 3
6813	6813	apply to any funds from such Acts that are made 4
6814	6814	available for support for an international security 5
6815	6815	force in Haiti. 6
6816	6816	(4) P
6817	6817	ROHIBITION.—None of the funds appro-7
6818	6818	priated or otherwise made available by this Act may 8
6819	6819	be used for assistance for the armed forces of Haiti. 9
6820	6820	(5) H
6821	6821	AITIAN COAST GUARD.—The Government 10
6822	6822	of Haiti shall be eligible to purchase defense articles 11
6823	6823	and services under the Arms Export Control Act (22 12
6824	6824	U.S.C. 2751 et seq.) for the Coast Guard. 13
6825	6825	(d) M
6826	6826	EXICO.—Prior to the initial obligation of funds 14
6827	6827	made available by this Act under the heading ‘‘Inter-15
6828	6828	national Narcotics Control and Law Enforcement’’ for as-16
6829	6829	sistance for the Government of Mexico, the Secretary of 17
6830	6830	State shall submit a report to the Committees on Appro-18
6831	6831	priations assessing the extent to which during the past two 19
6832	6832	years the Government of Mexico has supported joint coun-20
6833	6833	ternarcotics operations and intelligence sharing with U.S. 21
6834	6834	counterparts, taken concrete steps to degrade 22
6835	6835	transnational criminal organizations in Mexico, and sup-23
6836	6836	ported the extradition of criminals sought by the United 24
6837	6837	States. 25 253
6838	6838	•S 2438 RS
6839	6839	(e) NICARAGUA.—Of the funds appropriated by this 1
6840	6840	Act under the heading ‘‘Development Assistance’’, not less 2
6841	6841	than $15,000,000 shall be made available for democracy 3
6842	6842	programs for Nicaragua, including to support civil society. 4
6843	6843	(f) T
6844	6844	HECARIBBEAN.—Of the funds appropriated by 5
6845	6845	this Act under titles III and IV, not less than $82,000,000 6
6846	6846	shall be made available for the Caribbean Basin Security 7
6847	6847	Initiative. 8
6848	6848	(g) V
6849	6849	ENEZUELA.— 9
6850	6850	(1) Of the funds appropriated by this Act under 10
6851	6851	the heading ‘‘Economic Support Fund’’, 11
6852	6852	$50,000,000 should be made available for democracy 12
6853	6853	programs for Venezuela. 13
6854	6854	(2) Funds appropriated by this Act and prior 14
6855	6855	Acts making appropriations for the Department of 15
6856	6856	State, foreign operations, and related programs 16
6857	6857	under title III shall be made available for assistance 17
6858	6858	for communities in countries supporting or otherwise 18
6859	6859	impacted by refugees from Venezuela, including Co-19
6860	6860	lombia, Peru, Ecuador, Curacao, and Trinidad and 20
6861	6861	Tobago: Provided, That such amounts are in addi-21
6862	6862	tion to funds otherwise made available for assistance 22
6863	6863	for such countries, subject to prior consultation 23
6864	6864	with, and the regular notification procedures of, the 24
6865	6865	Committees on Appropriations. 25 254
6866	6866	•S 2438 RS
6867	6867	EUROPE AND EURASIA 1
6868	6868	S
6869	6869	EC. 7046. (a) TERRITORIALINTEGRITY.—None of 2
6870	6870	the funds appropriated by this Act may be made available 3
6871	6871	for assistance for a government of an Independent State 4
6872	6872	of the former Soviet Union if such government directs any 5
6873	6873	action in violation of the territorial integrity or national 6
6874	6874	sovereignty of any other Independent State of the former 7
6875	6875	Soviet Union, such as those violations included in the Hel-8
6876	6876	sinki Final Act: Provided, That except as otherwise pro-9
6877	6877	vided in section 7047(a) of this Act, funds may be made 10
6878	6878	available without regard to the restriction in this sub-11
6879	6879	section if the President determines that to do so is in the 12
6880	6880	national security interest of the United States: Provided 13
6881	6881	further, That prior to executing the authority contained 14
6882	6882	in the previous proviso, the Secretary of State shall con-15
6883	6883	sult with the Committees on Appropriations on how such 16
6884	6884	assistance supports the national security interest of the 17
6885	6885	United States. 18
6886	6886	(b) S
6887	6887	ECTION907 OF THEFREEDOM S UPPORT 19
6888	6888	A
6889	6889	CT.—Section 907 of the FREEDOM Support Act (22 20
6890	6890	U.S.C. 5812 note) shall not apply to— 21
6891	6891	(1) activities to support democracy or assist-22
6892	6892	ance under title V of the FREEDOM Support Act 23
6893	6893	(22 U.S.C. 5851 et seq.) and section 1424 of the 24
6894	6894	Defense Against Weapons of Mass Destruction Act 25 255
6895	6895	•S 2438 RS
6896	6896	of 1996 (50 U.S.C. 2333) or non-proliferation as-1
6897	6897	sistance; 2
6898	6898	(2) any assistance provided by the Trade and 3
6899	6899	Development Agency under section 661 of the For-4
6900	6900	eign Assistance Act of 1961; 5
6901	6901	(3) any activity carried out by a member of the 6
6902	6902	United States and Foreign Commercial Service while 7
6903	6903	acting within his or her official capacity; 8
6904	6904	(4) any insurance, reinsurance, guarantee, or 9
6905	6905	other assistance provided by the United States 10
6906	6906	International Development Finance Corporation as 11
6907	6907	authorized by the BUILD Act of 2018 (division F 12
6908	6908	of Public Law 115–254); 13
6909	6909	(5) any financing provided under the Export- 14
6910	6910	Import Bank Act of 1945 (Public Law 79–173); or 15
6911	6911	(6) humanitarian assistance. 16
6912	6912	(c) T
6913	6913	URKEY.—None of the funds made available by 17
6914	6914	this Act may be used to facilitate or support the sale of 18
6915	6915	defense articles or defense services to the Turkish Presi-19
6916	6916	dential Protection Directorate (TPPD) under chapter 2 20
6917	6917	of the Arms Export Control Act (22 U.S.C. 2761 et seq.) 21
6918	6918	unless the Secretary of State determines and reports to 22
6919	6919	the appropriate congressional committees that members of 23
6920	6920	the TPPD who are named in the July 17, 2017, indict-24
6921	6921	ment by the Superior Court of the District of Columbia, 25 256
6922	6922	•S 2438 RS
6923	6923	and against whom there are pending charges, have re-1
6924	6924	turned to the United States to stand trial in connection 2
6925	6925	with the offenses contained in such indictment or have 3
6926	6926	otherwise been brought to justice: Provided, That the limi-4
6927	6927	tation in this paragraph shall not apply to the use of funds 5
6928	6928	made available by this Act for border security purposes, 6
6929	6929	for North Atlantic Treaty Organization or coalition oper-7
6930	6930	ations, or to enhance the protection of United States offi-8
6931	6931	cials and facilities in Turkey. 9
6932	6932	(d) C
6933	6933	ASUALTYREHABILITATION.—Of the funds ap-10
6934	6934	propriated under the heading ‘‘Assistance for Europe, 11
6935	6935	Eurasia and Central Asia’’ in this Act and prior Acts mak-12
6936	6936	ing appropriations for the Department of State, foreign 13
6937	6937	operations, and related programs, not less than 14
6938	6938	$2,000,000 shall be made available, notwithstanding any 15
6939	6939	other provision of law, for a program to provide medical 16
6940	6940	and rehabilitation services, including prosthetic and 17
6941	6941	orthotics, for current and former Ukrainian security per-18
6942	6942	sonnel with severe physical disabilities caused by the Rus-19
6943	6943	sian invasion of Ukraine, which shall be administered by 20
6944	6944	USAID: Provided, That such program may include the 21
6945	6945	costs of travel for such individuals and their family mem-22
6946	6946	bers to the United States and third countries for such 23
6947	6947	services, and should include a capacity building component 24
6948	6948	for Ukrainian organizations providing such services: Pro-25 257
6949	6949	•S 2438 RS
6950	6950	vided further, That such assistance shall be provided 1
6951	6951	through nongovernmental organizations with experience in 2
6952	6952	working with veterans, to the maximum extent practicable, 3
6953	6953	and shall be awarded on an open and competitive basis: 4
6954	6954	Provided further, That such funds shall be subject to prior 5
6955	6955	consultation with, and the regular notification procedures 6
6956	6956	of, the Committees on Appropriations, and such amount 7
6957	6957	is in addition to amounts otherwise made available for 8
6958	6958	such purposes. 9
6959	6959	COUNTERING RUSSIAN INFLUENCE AND AGGRESSION 10
6960	6960	S
6961	6961	EC. 7047. (a) PROHIBITION.—None of the funds ap-11
6962	6962	propriated by this Act may be made available for assist-12
6963	6963	ance for the central Government of the Russian Federa-13
6964	6964	tion. 14
6965	6965	(b) A
6966	6966	NNEXATION OFTERRITORY.— 15
6967	6967	(1) P
6968	6968	ROHIBITION.—None of the funds appro-16
6969	6969	priated by this Act may be made available for assist-17
6970	6970	ance for the central government of a country that 18
6971	6971	the Secretary of State determines and reports to the 19
6972	6972	Committees on Appropriations has taken affirmative 20
6973	6973	steps intended to support or be supportive of the 21
6974	6974	Russian Federation annexation of Crimea or other 22
6975	6975	territory in Ukraine: Provided, That except as other-23
6976	6976	wise provided in subsection (a), the Secretary may 24
6977	6977	waive the restriction on assistance required by this 25 258
6978	6978	•S 2438 RS
6979	6979	paragraph if the Secretary determines and reports to 1
6980	6980	such Committees that to do so is in the national in-2
6981	6981	terest of the United States, and includes a justifica-3
6982	6982	tion for such interest. 4
6983	6983	(2) L
6984	6984	IMITATION.—None of the funds appro-5
6985	6985	priated by this Act may be made available for— 6
6986	6986	(A) the implementation of any action or 7
6987	6987	policy that recognizes the sovereignty of the 8
6988	6988	Russian Federation over Crimea or other terri-9
6989	6989	tory in Ukraine; 10
6990	6990	(B) the facilitation, financing, or guarantee 11
6991	6991	of United States Government investments in 12
6992	6992	Crimea or other territory in Ukraine under the 13
6993	6993	control of the Russian Federation or Russian- 14
6994	6994	backed forces, if such activity includes the par-15
6995	6995	ticipation of Russian Government officials, or 16
6996	6996	other Russian owned or controlled financial en-17
6997	6997	tities; or 18
6998	6998	(C) assistance for Crimea or other terri-19
6999	6999	tory in Ukraine under the control of the Rus-20
7000	7000	sian Federation or Russian-backed forces, if 21
7001	7001	such assistance includes the participation of 22
7002	7002	Russian Government officials, or other Russian 23
7003	7003	owned or controlled financial entities. 24 259
7004	7004	•S 2438 RS
7005	7005	(3) INTERNATIONAL FINANCIAL INSTITU -1
7006	7006	TIONS.—The Secretary of the Treasury shall in-2
7007	7007	struct the United States executive director of each 3
7008	7008	international financial institution to use the voice 4
7009	7009	and vote of the United States to oppose any assist-5
7010	7010	ance by such institution (including any loan, credit, 6
7011	7011	grant, or guarantee) for any program that violates 7
7012	7012	the sovereignty or territorial integrity of Ukraine. 8
7013	7013	(4) D
7014	7014	URATION.—The requirements and limita-9
7015	7015	tions of this subsection shall cease to be in effect if 10
7016	7016	the Secretary of State determines and reports to the 11
7017	7017	Committees on Appropriations that the Government 12
7018	7018	of Ukraine has reestablished sovereignty over Cri-13
7019	7019	mea and other territory in Ukraine under the con-14
7020	7020	trol of the Russian Federation or Russian-backed 15
7021	7021	forces. 16
7022	7022	(c) O
7023	7023	CCUPATION OF THEGEORGIANTERRITORIES OF 17
7024	7024	A
7025	7025	BKHAZIA ANDTSKHINVALIREGION/SOUTHOSSETIA.— 18
7026	7026	(1) P
7027	7027	ROHIBITION.—None of the funds appro-19
7028	7028	priated by this Act may be made available for assist-20
7029	7029	ance for the central government of a country that 21
7030	7030	the Secretary of State determines and reports to the 22
7031	7031	Committees on Appropriations has recognized the 23
7032	7032	independence of, or has established diplomatic rela-24
7033	7033	tions with, the Russian Federation occupied Geor-25 260
7034	7034	•S 2438 RS
7035	7035	gian territories of Abkhazia and Tskhinvali Region/ 1
7036	7036	South Ossetia: Provided, That the Secretary shall 2
7037	7037	publish on the Department of State website a list of 3
7038	7038	any such central governments in a timely manner: 4
7039	7039	Provided further, That the Secretary may waive the 5
7040	7040	restriction on assistance required by this paragraph 6
7041	7041	if the Secretary determines and reports to the Com-7
7042	7042	mittees on Appropriations that to do so is in the na-8
7043	7043	tional interest of the United States, and includes a 9
7044	7044	justification for such interest. 10
7045	7045	(2) L
7046	7046	IMITATION.—None of the funds appro-11
7047	7047	priated by this Act may be made available to sup-12
7048	7048	port the Russian Federation occupation of the Geor-13
7049	7049	gian territories of Abkhazia and Tskhinvali Region/ 14
7050	7050	South Ossetia. 15
7051	7051	(3) I
7052	7052	NTERNATIONAL FINANCIAL INSTITU -16
7053	7053	TIONS.—The Secretary of the Treasury shall in-17
7054	7054	struct the United States executive director of each 18
7055	7055	international financial institution to use the voice 19
7056	7056	and vote of the United States to oppose any assist-20
7057	7057	ance by such institution (including any loan, credit, 21
7058	7058	grant, or guarantee) for any program that violates 22
7059	7059	the sovereignty and territorial integrity of Georgia. 23
7060	7060	(d) C
7061	7061	OUNTERINGRUSSIANINFLUENCEFUND.— 24 261
7062	7062	•S 2438 RS
7063	7063	(1) ASSISTANCE.—Of the funds appropriated by 1
7064	7064	this Act and prior Act making appropriations for the 2
7065	7065	Department of State, foreign operations, and related 3
7066	7066	programs under the headings ‘‘Assistance for Eu-4
7067	7067	rope, Eurasia and Central Asia’’, ‘‘International 5
7068	7068	Narcotics Control and Law Enforcement’’, ‘‘Inter-6
7069	7069	national Military Education and Training’’, and 7
7070	7070	‘‘Foreign Military Financing Program’’, not less 8
7071	7071	than $300,000,000 shall be made available to carry 9
7072	7072	out the purposes of the Countering Russian Influ-10
7073	7073	ence Fund, as authorized by section 254 of the 11
7074	7074	Countering Russian Influence in Europe and Eur-12
7075	7075	asia Act of 2017 (Public Law 115–44; 22 U.S.C. 13
7076	7076	9543) and notwithstanding the country limitation in 14
7077	7077	subsection (b) of such section, and programs to en-15
7078	7078	hance the capacity of law enforcement and security 16
7079	7079	forces in countries in Europe, Eurasia, and Central 17
7080	7080	Asia and strengthen security cooperation between 18
7081	7081	such countries and the United States and the North 19
7082	7082	Atlantic Treaty Organization, as appropriate: Pro-20
7083	7083	vided, That funds made available pursuant to this 21
7084	7084	paragraph under the heading ‘‘Foreign Military Fi-22
7085	7085	nancing Program’’ may remain available until Sep-23
7086	7086	tember 30, 2025. 24 262
7087	7087	•S 2438 RS
7088	7088	(2) ECONOMICS AND TRADE .—Funds appro-1
7089	7089	priated by this Act and made available for assistance 2
7090	7090	for the Eastern Partnership countries shall be made 3
7091	7091	available to advance the implementation of Associa-4
7092	7092	tion Agreements and trade agreements with the Eu-5
7093	7093	ropean Union, and to reduce their vulnerability to 6
7094	7094	external economic and political pressure from the 7
7095	7095	Russian Federation. 8
7096	7096	UNITED NATIONS AND OTHER INTERNATIONAL 9
7097	7097	ORGANIZATIONS 10
7098	7098	S
7099	7099	EC. 7048. (a) TRANSPARENCY AND ACCOUNT-11
7100	7100	ABILITY.—Not later than 120 days after the date of enact-12
7101	7101	ment of this Act, the Secretary of State shall report to 13
7102	7102	the Committees on Appropriations whether each organiza-14
7103	7103	tion, department, or agency receiving a contribution from 15
7104	7104	funds appropriated by this Act under the headings ‘‘Con-16
7105	7105	tributions to International Organizations’’ and ‘‘Inter-17
7106	7106	national Organizations and Programs’’— 18
7107	7107	(1) is posting on a publicly available website, 19
7108	7108	consistent with privacy regulations and due process, 20
7109	7109	regular financial and programmatic audits of such 21
7110	7110	organization, department, or agency, and providing 22
7111	7111	the United States Government with necessary access 23
7112	7112	to such financial and performance audits; 24 263
7113	7113	•S 2438 RS
7114	7114	(2) has submitted a report to the Department 1
7115	7115	of State, which shall be posted on the Department’s 2
7116	7116	website in a timely manner, demonstrating that such 3
7117	7117	organization is effectively implementing and enforc-4
7118	7118	ing policies and procedures which meet or exceed 5
7119	7119	best practices in the United States for the protection 6
7120	7120	of whistleblowers from retaliation, including— 7
7121	7121	(A) protection against retaliation for inter-8
7122	7122	nal and lawful public disclosures; 9
7123	7123	(B) legal burdens of proof; 10
7124	7124	(C) statutes of limitation for reporting re-11
7125	7125	taliation; 12
7126	7126	(D) access to binding independent adju-13
7127	7127	dicative bodies, including shared cost and selec-14
7128	7128	tion of external arbitration; and 15
7129	7129	(E) results that eliminate the effects of 16
7130	7130	proven retaliation, including provision for the 17
7131	7131	restoration of prior employment; and 18
7132	7132	(3) effectively implementing and enforcing poli-19
7133	7133	cies and procedures on the appropriate use of travel 20
7134	7134	funds, including restrictions on first-class and busi-21
7135	7135	ness-class travel. 22
7136	7136	(b) R
7137	7137	ESTRICTIONS ON UNITEDNATIONSDELEGA-23
7138	7138	TIONS ANDORGANIZATIONS.— 24 264
7139	7139	•S 2438 RS
7140	7140	(1) RESTRICTIONS ON UNITED STATES DELEGA -1
7141	7141	TIONS.—None of the funds made available by this 2
7142	7142	Act may be used to pay expenses for any United 3
7143	7143	States delegation to any specialized agency, body, or 4
7144	7144	commission of the United Nations if such agency, 5
7145	7145	body, or commission is chaired or presided over by 6
7146	7146	a country, the government of which the Secretary of 7
7147	7147	State has determined, for purposes of section 8
7148	7148	1754(c) of the Export Reform Control Act of 2018 9
7149	7149	(50 U.S.C. 4813(c)), supports international ter-10
7150	7150	rorism. 11
7151	7151	(2) R
7152	7152	ESTRICTIONS ON CONTRIBUTIONS .—None 12
7153	7153	of the funds made available by this Act may be used 13
7154	7154	by the Secretary of State as a contribution to any 14
7155	7155	organization, agency, commission, or program within 15
7156	7156	the United Nations system if such organization, 16
7157	7157	agency, commission, or program is chaired or pre-17
7158	7158	sided over by a country the government of which the 18
7159	7159	Secretary of State has determined, for purposes of 19
7160	7160	section 620A of the Foreign Assistance Act of 1961, 20
7161	7161	section 40 of the Arms Export Control Act, section 21
7162	7162	1754(c) of the Export Reform Control Act of 2018 22
7163	7163	(50 U.S.C. 4813(c)), or any other provision of law, 23
7164	7164	is a government that has repeatedly provided sup-24
7165	7165	port for acts of international terrorism. 25 265
7166	7166	•S 2438 RS
7167	7167	(3) WAIVER.—The Secretary of State may 1
7168	7168	waive the restriction in this subsection if the Sec-2
7169	7169	retary determines and reports to the Committees on 3
7170	7170	Appropriations that to do so is important to the na-4
7171	7171	tional interest of the United States, including a de-5
7172	7172	scription of the national interest served. 6
7173	7173	(c) U
7174	7174	NITEDNATIONSHUMANRIGHTSCOUNCIL.— 7
7175	7175	None of the funds appropriated by this Act may be made 8
7176	7176	available in support of the United Nations Human Rights 9
7177	7177	Council unless the Secretary of State determines and re-10
7178	7178	ports to the Committees on Appropriations that participa-11
7179	7179	tion in the Council is important to the national interest 12
7180	7180	of the United States and that such Council is taking sig-13
7181	7181	nificant steps to remove Israel as a permanent agenda 14
7182	7182	item and ensure integrity in the election of members to 15
7183	7183	such Council: Provided, That such report shall include a 16
7184	7184	description of the national interest served and the steps 17
7185	7185	taken to remove Israel as a permanent agenda item and 18
7186	7186	ensure integrity in the election of members to such Coun-19
7187	7187	cil: Provided further, That the Secretary of State shall re-20
7188	7188	port to the Committees on Appropriations not later than 21
7189	7189	September 30, 2023, on the resolutions considered in the 22
7190	7190	United Nations Human Rights Council during the pre-23
7191	7191	vious 12 months, and on steps taken to remove Israel as 24 266
7192	7192	•S 2438 RS
7193	7193	a permanent agenda item and ensure integrity in the elec-1
7194	7194	tion of members to such council. 2
7195	7195	(d) U
7196	7196	NITEDNATIONSRELIEF ANDWORKSAGEN-3
7197	7197	CY.—Funds appropriated by this Act should be made 4
7198	7198	available for the United Nations Relief and Works Agency 5
7199	7199	(UNRWA) unless the Secretary of State determines and 6
7200	7200	reports to the Committees on Appropriations that 7
7201	7201	UNRWA is not— 8
7202	7202	(1) utilizing Operations Support Officers in the 9
7203	7203	West Bank, Gaza, and other fields of operation to 10
7204	7204	inspect UNRWA installations and reporting any in-11
7205	7205	appropriate use; 12
7206	7206	(2) acting promptly to address any staff or ben-13
7207	7207	eficiary violation of its own policies (including the 14
7208	7208	policies on neutrality and impartiality of employees) 15
7209	7209	and the legal requirements under section 301(c) of 16
7210	7210	the Foreign Assistance Act of 1961; 17
7211	7211	(3) implementing procedures to maintain the 18
7212	7212	neutrality of its facilities, including implementing a 19
7213	7213	no-weapons policy, and conducting regular inspec-20
7214	7214	tions of its installations, to ensure they are only 21
7215	7215	used for humanitarian or other appropriate pur-22
7216	7216	poses; 23
7217	7217	(4) taking necessary and appropriate measures 24
7218	7218	to ensure it is operating in compliance with the con-25 267
7219	7219	•S 2438 RS
7220	7220	ditions of section 301(c) of the Foreign Assistance 1
7221	7221	Act of 1961 and continuing regular reporting to the 2
7222	7222	Department of State on actions it has taken to en-3
7223	7223	sure conformance with such conditions; 4
7224	7224	(5) taking steps to ensure the content of all 5
7225	7225	educational materials currently taught in UNRWA- 6
7226	7226	administered schools and summer camps is con-7
7227	7227	sistent with the values of human rights, dignity, and 8
7228	7228	tolerance and does not induce incitement; 9
7229	7229	(6) refraining from engaging in operations with 10
7230	7230	financial institutions or related entities in violation 11
7231	7231	of relevant United States law, and is taking steps to 12
7232	7232	improve the financial transparency of the organiza-13
7233	7233	tion; and 14
7234	7234	(7) in compliance with the United Nations 15
7235	7235	Board of Auditors’ biennial audit requirements and 16
7236	7236	is implementing in a timely fashion the Board’s rec-17
7237	7237	ommendations. 18
7238	7238	(e) P
7239	7239	ROHIBITION OF PAYMENTS TO UNITEDNA-19
7240	7240	TIONSMEMBERS.—None of the funds appropriated or 20
7241	7241	made available pursuant to titles III through VI of this 21
7242	7242	Act for carrying out the Foreign Assistance Act of 1961, 22
7243	7243	may be used to pay in whole or in part any assessments, 23
7244	7244	arrearages, or dues of any member of the United Nations 24
7245	7245	or, from funds appropriated by this Act to carry out chap-25 268
7246	7246	•S 2438 RS
7247	7247	ter 1 of part I of the Foreign Assistance Act of 1961, 1
7248	7248	the costs for participation of another country’s delegation 2
7249	7249	at international conferences held under the auspices of 3
7250	7250	multilateral or international organizations. 4
7251	7251	(f) R
7252	7252	EPORT.—Not later than 45 days after the date 5
7253	7253	of enactment of this Act, the Secretary of State shall sub-6
7254	7254	mit a report to the Committees on Appropriations detail-7
7255	7255	ing the amount of funds available for obligation or expend-8
7256	7256	iture in fiscal year 2024 for contributions to any organiza-9
7257	7257	tion, department, agency, or program within the United 10
7258	7258	Nations system or any international program that are 11
7259	7259	withheld from obligation or expenditure due to any provi-12
7260	7260	sion of law: Provided, That the Secretary shall update 13
7261	7261	such report each time additional funds are withheld by op-14
7262	7262	eration of any provision of law: Provided further, That the 15
7263	7263	reprogramming of any withheld funds identified in such 16
7264	7264	report, including updates thereof, shall be subject to prior 17
7265	7265	consultation with, and the regular notification procedures 18
7266	7266	of, the Committees on Appropriations. 19
7267	7267	(g) S
7268	7268	EXUALEXPLOITATION AND ABUSE INPEACE-20
7269	7269	KEEPINGOPERATIONS.—The Secretary of State shall, to 21
7270	7270	the maximum extent practicable, withhold assistance to 22
7271	7271	any unit of the security forces of a foreign country if the 23
7272	7272	Secretary has credible information that such unit has en-24
7273	7273	gaged in sexual exploitation or abuse, including while serv-25 269
7274	7274	•S 2438 RS
7275	7275	ing in a United Nations peacekeeping operation, until the 1
7276	7276	Secretary determines that the government of such country 2
7277	7277	is taking effective steps to hold the responsible members 3
7278	7278	of such unit accountable and to prevent future incidents: 4
7279	7279	Provided, That the Secretary shall promptly notify the 5
7280	7280	government of each country subject to any withholding of 6
7281	7281	assistance pursuant to this paragraph, and shall notify the 7
7282	7282	appropriate congressional committees of such withholding 8
7283	7283	not later than 10 days after a determination to withhold 9
7284	7284	such assistance is made: Provided further, That the Sec-10
7285	7285	retary shall, to the maximum extent practicable, assist 11
7286	7286	such government in bringing the responsible members of 12
7287	7287	such unit to justice: Provided further, That not later than 13
7288	7288	60 days after the date of enactment of this Act, the Sec-14
7289	7289	retary shall submit a report to the Committees on Appro-15
7290	7290	priations detailing the policies, mechanisms, and proce-16
7291	7291	dures that are in place to implement this subsection. 17
7292	7292	(h) A
7293	7293	DDITIONALAVAILABILITY.—Subject to the reg-18
7294	7294	ular notification procedures of the Committees on Appro-19
7295	7295	priations, funds appropriated by this Act which are re-20
7296	7296	turned or not made available due to the second proviso 21
7297	7297	under the heading ‘‘Contributions for International Peace-22
7298	7298	keeping Activities’’ in title I of this Act or section 307(a) 23
7299	7299	of the Foreign Assistance Act of 1961 (22 U.S.C. 24
7300	7300	2227(a)), shall remain available for obligation until Sep-25 270
7301	7301	•S 2438 RS
7302	7302	tember 30, 2025: Provided, That the requirement to with-1
7303	7303	hold funds for programs in Burma under section 307(a) 2
7304	7304	of the Foreign Assistance Act of 1961 shall not apply to 3
7305	7305	funds appropriated by this Act. 4
7306	7306	(i) S
7307	7307	TRENGTHENING AMERICANPRESENCE AT 5
7308	7308	I
7309	7309	NTERNATIONALORGANIZATIONS.— 6
7310	7310	(1) Of the funds made available by this Act 7
7311	7311	under the heading ‘‘International Organizations and 8
7312	7312	Programs’’, not less than $10,000,000 shall be made 9
7313	7313	available for the placement of United States citizens 10
7314	7314	in the Junior Professional Officer Programme. 11
7315	7315	(2) Of the funds made available by this Act 12
7316	7316	under the heading ‘‘Diplomatic Programs’’, not less 13
7317	7317	than $2,000,000 shall be made available to enhance 14
7318	7318	the competitiveness of United States citizens for 15
7319	7319	leadership positions in the United Nations system, 16
7320	7320	including pursuant to section 9701 of the James M. 17
7321	7321	Inhofe National Defense Authorization Act for Fis-18
7322	7322	cal Year 2023 (division G, Public Law 117–263). 19
7323	7323	INTERNATIONAL CRIMINAL JUSTICE 20
7324	7324	S
7325	7325	EC. 7049. (a) WARCRIMESTRIBUNALS.—If the 21
7326	7326	President determines that doing so will contribute to a 22
7327	7327	just resolution of charges regarding genocide or other vio-23
7328	7328	lations of international humanitarian law, the President 24
7329	7329	may direct a drawdown pursuant to section 552(c) of the 25 271
7330	7330	•S 2438 RS
7331	7331	Foreign Assistance Act of 1961 of up to $30,000,000 of 1
7332	7332	commodities and services for the United Nations War 2
7333	7333	Crimes Tribunal established with regard to the former 3
7334	7334	Yugoslavia by the United Nations Security Council or 4
7335	7335	such other tribunals or commissions as the Council may 5
7336	7336	establish or authorize to deal with such violations, without 6
7337	7337	regard to the ceiling limitation contained in paragraph (2) 7
7338	7338	thereof: Provided, That the determination required under 8
7339	7339	this section shall be in lieu of any determinations other-9
7340	7340	wise required under section 552(c): Provided further, That 10
7341	7341	funds made available pursuant to this section shall be 11
7342	7342	made available subject to the regular notification proce-12
7343	7343	dures of the Committees on Appropriations. 13
7344	7344	(b) O
7345	7345	FFICE OFGLOBALCRIMINALJUSTICE.— 14
7346	7346	(1) Of the funds appropriated by this Act under 15
7347	7347	the heading ‘‘Diplomatic Programs’’, not less than 16
7348	7348	$6,000,000 shall be made available for the Office of 17
7349	7349	Global Criminal Justice, Department of State. 18
7350	7350	(2) Of the funds appropriated by this Act under 19
7351	7351	the headings ‘‘Economic Support Fund’’ and ‘‘Inter-20
7352	7352	national Narcotics Control and Law Enforcement’’, 21
7353	7353	not less than $15,000,000 shall be made available 22
7354	7354	for programs to promote accountability for genocide, 23
7355	7355	crimes against humanity, and war crimes, which 24
7356	7356	shall be in addition to any other funds made avail-25 272
7357	7357	•S 2438 RS
7358	7358	able by this Act for such purposes: Provided, That 1
7359	7359	such programs shall include components to develop 2
7360	7360	local investigative and judicial skills, and to collect 3
7361	7361	and preserve evidence and maintain the chain of cus-4
7362	7362	tody of evidence, including for use in prosecutions, 5
7363	7363	and may include the establishment of, and assistance 6
7364	7364	for, transitional justice mechanisms: Provided fur-7
7365	7365	ther, That such funds shall be administered by the 8
7366	7366	Ambassador-at-Large for the Office of Global Crimi-9
7367	7367	nal Justice, Department of State, and shall be sub-10
7368	7368	ject to prior consultation with the Committees on 11
7369	7369	Appropriations: Provided further, That funds made 12
7370	7370	available by this paragraph shall be made available 13
7371	7371	on an open and competitive basis. 14
7372	7372	(c) W
7373	7373	ARCRIMESACCOUNTABILITY.—Consistent with 15
7374	7374	the purposes authorized by section 2015 of the American 16
7375	7375	Servicemembers’ Protection Act of 2002 (22 U.S.C. 17
7376	7376	7433), as amended by section 7073 of the Department 18
7377	7377	of State, Foreign Operations, and Related Programs Ap-19
7378	7378	propriations Act, 2023 (division K of Public Law 117– 20
7379	7379	328)— 21
7380	7380	(1) not less than $6,000,000 of the funds made 22
7381	7381	available by this Act under the heading ‘‘Economic 23
7382	7382	Support Fund’’ shall be made available for support 24
7383	7383	to the International Criminal Court; 25 273
7384	7384	•S 2438 RS
7385	7385	(2) not less than $5,000,000 of the funds made 1
7386	7386	available by this Act under the heading ‘‘Economic 2
7387	7387	Support Fund’’ shall be made available as a con-3
7388	7388	tribution to the Trust Fund for Victims; and 4
7389	7389	(3) the President shall provide information to 5
7390	7390	the International Criminal Court to assist with in-6
7391	7391	vestigations and prosecutions of foreign nationals re-7
7392	7392	lated to the Situation in Ukraine. 8
7393	7393	(d) C
7394	7394	ENTRALAFRICANREPUBLIC.—Of the funds ap-9
7395	7395	propriated by this Act under the heading ‘‘Economic Sup-10
7396	7396	port Fund’’, not less than $3,000,000 shall be made avail-11
7397	7397	able for a contribution to the Special Criminal Court in 12
7398	7398	Central African Republic. 13
7399	7399	GLOBAL INTERNET FREEDOM 14
7400	7400	S
7401	7401	EC. 7050. (a) FUNDING.—Of the funds available for 15
7402	7402	obligation during fiscal year 2024 under the headings 16
7403	7403	‘‘International Broadcasting Operations’’, ‘‘Economic 17
7404	7404	Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for 18
7405	7405	Europe, Eurasia and Central Asia’’, not less than 19
7406	7406	$103,014,000 shall be made available for programs to pro-20
7407	7407	mote Internet freedom globally, consistent with section 21
7408	7408	9707 of the James M. Inhofe National Defense Authoriza-22
7409	7409	tion Act for Fiscal Year 2023 (Public Law 117–263): Pro-23
7410	7410	vided, That such programs shall be prioritized for coun-24
7411	7411	tries whose governments restrict freedom of expression on 25 274
7412	7412	•S 2438 RS
7413	7413	the Internet, and that are important to the national inter-1
7414	7414	est of the United States: Provided further, That funds 2
7415	7415	made available pursuant to this section shall be matched, 3
7416	7416	to the maximum extent practicable, by sources other than 4
7417	7417	the United States Government, including from the private 5
7418	7418	sector. 6
7419	7419	(b) R
7420	7420	EQUIREMENTS.—Funds appropriated by this 7
7421	7421	Act under the headings ‘‘Economic Support Fund’’, ‘‘De-8
7422	7422	mocracy Fund’’, and ‘‘Assistance for Europe, Eurasia and 9
7423	7423	Central Asia’’ pursuant to subsection (a) shall be made 10
7424	7424	available with the concurrence of the Assistant Secretary 11
7425	7425	for Democracy, Human Rights, and Labor, Department 12
7426	7426	of State, and allocated consistent with— 13
7427	7427	(1) best practices regarding security for, and 14
7428	7428	oversight of, Internet freedom programs; and 15
7429	7429	(2) sufficient resources and support for the de-16
7430	7430	velopment and maintenance of anti-censorship tech-17
7431	7431	nology and tools. 18
7432	7432	(c) C
7433	7433	OORDINATION AND SPENDPLANS.—Not later 19
7434	7434	than 90 days after the date of enactment of this Act, the 20
7435	7435	Secretary of State and the USAGM CEO, in consultation 21
7436	7436	with the OTF President, shall submit to the Committees 22
7437	7437	on Appropriations spend plans for funds made available 23
7438	7438	by this Act for programs to promote Internet freedom 24
7439	7439	globally, which shall include a description of safeguards 25 275
7440	7440	•S 2438 RS
7441	7441	established by relevant agencies to ensure that such pro-1
7442	7442	grams are not used for illicit purposes: Provided, That the 2
7443	7443	Department of State spend plan shall include funding for 3
7444	7444	all such programs for all relevant Department of State 4
7445	7445	and United States Agency for International Development 5
7446	7446	offices and bureaus. 6
7447	7447	(d) S
7448	7448	ECURITYAUDITS.—Funds made available pur-7
7449	7449	suant to this section to research, develop, enhance, or de-8
7450	7450	ploy technologies to promote Internet freedom globally 9
7451	7451	may only be made available to support open-source tech-10
7452	7452	nologies that undergo comprehensive security audits con-11
7453	7453	sistent with the requirements of the Bureau of Democracy, 12
7454	7454	Human Rights, and Labor, Department of State to ensure 13
7455	7455	that such technology is secure and has not been com-14
7456	7456	promised in a manner detrimental to the interest of the 15
7457	7457	United States or to individuals and organizations bene-16
7458	7458	fiting from programs supported by such funds: Provided, 17
7459	7459	That the security auditing procedures used by such Bu-18
7460	7460	reau shall be reviewed and updated periodically to reflect 19
7461	7461	current industry security standards. 20
7462	7462	TORTURE AND OTHER CRUEL , INHUMAN, OR DEGRADING 21
7463	7463	TREATMENT OR PUNISHMENT 22
7464	7464	S
7465	7465	EC. 7051. (a) PROHIBITION.—None of the funds 23
7466	7466	made available by this Act may be used to support or jus-24
7467	7467	tify the use of torture and other cruel, inhuman, or de-25 276
7468	7468	•S 2438 RS
7469	7469	grading treatment or punishment by any official or con-1
7470	7470	tract employee of the United States Government. 2
7471	7471	(b) A
7472	7472	SSISTANCE.—Funds appropriated under titles 3
7473	7473	III and IV of this Act shall be made available, notwith-4
7474	7474	standing section 660 of the Foreign Assistance Act of 5
7475	7475	1961 and following consultation with the Committees on 6
7476	7476	Appropriations, for assistance to eliminate torture and 7
7477	7477	other cruel, inhuman, or degrading treatment or punish-8
7478	7478	ment by foreign police, military, or other security forces 9
7479	7479	in countries receiving assistance from funds appropriated 10
7480	7480	by this Act. 11
7481	7481	AIRCRAFT TRANSFER, COORDINATION, AND USE 12
7482	7482	S
7483	7483	EC. 7052. (a) TRANSFERAUTHORITY.—Notwith-13
7484	7484	standing any other provision of law or regulation, aircraft 14
7485	7485	procured with funds appropriated by this Act and prior 15
7486	7486	Acts making appropriations for the Department of State, 16
7487	7487	foreign operations, and related programs under the head-17
7488	7488	ings ‘‘Diplomatic Programs’’, ‘‘International Narcotics 18
7489	7489	Control and Law Enforcement’’, ‘‘Andean Counterdrug 19
7490	7490	Initiative’’, and ‘‘Andean Counterdrug Programs’’ may be 20
7491	7491	used for any other program and in any region. 21
7492	7492	(b) P
7493	7493	ROPERTYDISPOSAL.—The authority provided 22
7494	7494	in subsection (a) shall apply only after the Secretary of 23
7495	7495	State determines and reports to the Committees on Appro-24
7496	7496	priations that the equipment is no longer required to meet 25 277
7497	7497	•S 2438 RS
7498	7498	programmatic purposes in the designated country or re-1
7499	7499	gion: Provided, That any such transfer shall be subject 2
7500	7500	to prior consultation with, and the regular notification 3
7501	7501	procedures of, the Committees on Appropriations. 4
7502	7502	(c) A
7503	7503	IRCRAFTCOORDINATION.— 5
7504	7504	(1) A
7505	7505	UTHORITY.—The uses of aircraft pur-6
7506	7506	chased or leased by the Department of State and the 7
7507	7507	United States Agency for International Development 8
7508	7508	with funds made available in this Act or prior Acts 9
7509	7509	making appropriations for the Department of State, 10
7510	7510	foreign operations, and related programs shall be co-11
7511	7511	ordinated under the authority of the appropriate 12
7512	7512	Chief of Mission: Provided, That such aircraft may 13
7513	7513	be used to transport, on a reimbursable or non-reim-14
7514	7514	bursable basis, Federal and non-Federal personnel 15
7515	7515	supporting Department of State and USAID pro-16
7516	7516	grams and activities: Provided further, That official 17
7517	7517	travel for other agencies for other purposes may be 18
7518	7518	supported on a reimbursable basis, or without reim-19
7519	7519	bursement when traveling on a space available basis: 20
7520	7520	Provided further, That funds received by the Depart-21
7521	7521	ment of State in connection with the use of aircraft 22
7522	7522	owned, leased, or chartered by the Department of 23
7523	7523	State may be credited to the Working Capital Fund 24
7524	7524	of the Department and shall be available for ex-25 278
7525	7525	•S 2438 RS
7526	7526	penses related to the purchase, lease, maintenance, 1
7527	7527	chartering, or operation of such aircraft. 2
7528	7528	(2) S
7529	7529	COPE.—The requirement and authorities 3
7530	7530	of this subsection shall only apply to aircraft, the 4
7531	7531	primary purpose of which is the transportation of 5
7532	7532	personnel. 6
7533	7533	(d) A
7534	7534	IRCRAFTOPERATIONS AND MAINTENANCE.— 7
7535	7535	To the maximum extent practicable, the costs of oper-8
7536	7536	ations and maintenance, including fuel, of aircraft funded 9
7537	7537	by this Act shall be borne by the recipient country. 10
7538	7538	PARKING FINES AND REAL PROPERTY TAXES OWED BY 11
7539	7539	FOREIGN GOVERNMENTS 12
7540	7540	S
7541	7541	EC. 7053. The terms and conditions of section 7055 13
7542	7542	of the Department of State, Foreign Operations, and Re-14
7543	7543	lated Programs Appropriations Act, 2010 (division F of 15
7544	7544	Public Law 111–117) shall apply to this Act: Provided, 16
7545	7545	That subsection (f)(2)(B) of such section shall be applied 17
7546	7546	by substituting ‘‘September 30, 2023’’ for ‘‘September 30, 18
7547	7547	2009’’. 19
7548	7548	INTERNATIONAL MONETARY FUND 20
7549	7549	S
7550	7550	EC. 7054. (a) EXTENSIONS.—The terms and condi-21
7551	7551	tions of sections 7086(b)(1) and (2) and 7090(a) of the 22
7552	7552	Department of State, Foreign Operations, and Related 23
7553	7553	Programs Appropriations Act, 2010 (division F of Public 24
7554	7554	Law 111–117) shall apply to this Act. 25 279
7555	7555	•S 2438 RS
7556	7556	(b) REPAYMENT.—The Secretary of the Treasury 1
7557	7557	shall instruct the United States Executive Director of the 2
7558	7558	International Monetary Fund (IMF) to seek to ensure 3
7559	7559	that any loan will be repaid to the IMF before other pri-4
7560	7560	vate or multilateral creditors. 5
7561	7561	EXTRADITION 6
7562	7562	S
7563	7563	EC. 7055. (a) LIMITATION.—None of the funds ap-7
7564	7564	propriated in this Act may be used to provide assistance 8
7565	7565	(other than funds provided under the headings ‘‘Develop-9
7566	7566	ment Assistance’’, ‘‘International Disaster Assistance’’, 10
7567	7567	‘‘Complex Crises Fund’’, ‘‘International Narcotics Control 11
7568	7568	and Law Enforcement’’, ‘‘Migration and Refugee Assist-12
7569	7569	ance’’, ‘‘United States Emergency Refugee and Migration 13
7570	7570	Assistance Fund’’, and ‘‘Nonproliferation, Anti-terrorism, 14
7571	7571	Demining and Related Assistance’’) for the central gov-15
7572	7572	ernment of a country which has notified the Department 16
7573	7573	of State of its refusal to extradite to the United States 17
7574	7574	any individual indicted for a criminal offense for which 18
7575	7575	the maximum penalty is life imprisonment without the 19
7576	7576	possibility of parole or for killing a law enforcement offi-20
7577	7577	cer, as specified in a United States extradition request. 21
7578	7578	(b) C
7579	7579	LARIFICATION.—Subsection (a) shall only apply 22
7580	7580	to the central government of a country with which the 23
7581	7581	United States maintains diplomatic relations and with 24
7582	7582	which the United States has an extradition treaty and the 25 280
7583	7583	•S 2438 RS
7584	7584	government of that country is in violation of the terms 1
7585	7585	and conditions of the treaty. 2
7586	7586	(c) W
7587	7587	AIVER.—The Secretary of State may waive the 3
7588	7588	restriction in subsection (a) on a case-by-case basis if the 4
7589	7589	Secretary certifies to the Committees on Appropriations 5
7590	7590	that such waiver is important to the national interest of 6
7591	7591	the United States. 7
7592	7592	ENTERPRISE FUNDS 8
7593	7593	S
7594	7594	EC. 7056. (a) NOTIFICATION.—None of the funds 9
7595	7595	made available under titles III through VI of this Act may 10
7596	7596	be made available for Enterprise Funds unless the appro-11
7597	7597	priate congressional committees are notified at least 15 12
7598	7598	days in advance. 13
7599	7599	(b) D
7600	7600	ISTRIBUTION OFASSETSPLAN.—Prior to the 14
7601	7601	distribution of any assets resulting from any liquidation, 15
7602	7602	dissolution, or winding up of an Enterprise Fund, in whole 16
7603	7603	or in part, the President shall submit to the appropriate 17
7604	7604	congressional committees a plan for the distribution of the 18
7605	7605	assets of the Enterprise Fund. 19
7606	7606	(c) T
7607	7607	RANSITION OROPERATINGPLAN.—Prior to a 20
7608	7608	transition to and operation of any private equity fund or 21
7609	7609	other parallel investment fund under an existing Enter-22
7610	7610	prise Fund, the President shall submit such transition or 23
7611	7611	operating plan to the appropriate congressional commit-24
7612	7612	tees. 25 281
7613	7613	•S 2438 RS
7614	7614	UNITED NATIONS POPULATION FUND 1
7615	7615	S
7616	7616	EC. 7057. (a) CONTRIBUTION.—Of the funds made 2
7617	7617	available under the heading ‘‘International Organizations 3
7618	7618	and Programs’’ in this Act for fiscal year 2024, 4
7619	7619	$35,100,000 shall be made available for the United Na-5
7620	7620	tions Population Fund (UNFPA). 6
7621	7621	(b) A
7622	7622	VAILABILITY OFFUNDS.—Funds appropriated 7
7623	7623	by this Act for UNFPA, that are not made available for 8
7624	7624	UNFPA because of the operation of any provision of law, 9
7625	7625	shall be transferred to the ‘‘Global Health Programs’’ ac-10
7626	7626	count and shall be made available for family planning, ma-11
7627	7627	ternal, and reproductive health activities, subject to the 12
7628	7628	regular notification procedures of the Committees on Ap-13
7629	7629	propriations. 14
7630	7630	(c) P
7631	7631	ROHIBITION ONUSE OFFUNDS INCHINA.— 15
7632	7632	None of the funds made available by this Act may be used 16
7633	7633	by UNFPA for a country program in the People’s Repub-17
7634	7634	lic of China. 18
7635	7635	(d) C
7636	7636	ONDITIONS ON AVAILABILITY OFFUNDS.— 19
7637	7637	Funds made available by this Act for UNFPA may not 20
7638	7638	be made available unless— 21
7639	7639	(1) UNFPA maintains funds made available by 22
7640	7640	this Act in an account separate from other accounts 23
7641	7641	of UNFPA and does not commingle such funds with 24
7642	7642	other sums; and 25 282
7643	7643	•S 2438 RS
7644	7644	(2) UNFPA does not fund abortions. 1
7645	7645	(e) R
7646	7646	EPORT TOCONGRESS AND DOLLAR-FOR-DOL-2
7647	7647	LARWITHHOLDING OFFUNDS.— 3
7648	7648	(1) Not later than 4 months after the date of 4
7649	7649	enactment of this Act, the Secretary of State shall 5
7650	7650	submit a report to the Committees on Appropria-6
7651	7651	tions indicating the amount of funds that UNFPA 7
7652	7652	is budgeting for the year in which the report is sub-8
7653	7653	mitted for a country program in the People’s Repub-9
7654	7654	lic of China. 10
7655	7655	(2) If a report under paragraph (1) indicates 11
7656	7656	that UNFPA plans to spend funds for a country 12
7657	7657	program in the People’s Republic of China in the 13
7658	7658	year covered by the report, then the amount of such 14
7659	7659	funds UNFPA plans to spend in the People’s Re-15
7660	7660	public of China shall be deducted from the funds 16
7661	7661	made available to UNFPA after March 1 for obliga-17
7662	7662	tion for the remainder of the fiscal year in which the 18
7663	7663	report is submitted. 19
7664	7664	GLOBAL HEALTH ACTIVITIES 20
7665	7665	S
7666	7666	EC. 7058. (a) INGENERAL.—Funds appropriated 21
7667	7667	by titles III and IV of this Act that are made available 22
7668	7668	for bilateral assistance for child survival activities or dis-23
7669	7669	ease programs including activities relating to research on, 24
7670	7670	and the prevention, treatment and control of, HIV/AIDS 25 283
7671	7671	•S 2438 RS
7672	7672	may be made available notwithstanding any other provi-1
7673	7673	sion of law except for provisions under the heading ‘‘Glob-2
7674	7674	al Health Programs’’ and the United States Leadership 3
7675	7675	Against HIV/AIDS, Tuberculosis, and Malaria Act of 4
7676	7676	2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amend-5
7677	7677	ed: Provided, That of the funds appropriated under title 6
7678	7678	III of this Act, not less than $600,000,000 should be made 7
7679	7679	available for family planning/reproductive health, includ-8
7680	7680	ing in areas where population growth threatens biodiver-9
7681	7681	sity or endangered species. 10
7682	7682	(b) P
7683	7683	ANDEMICS AND OTHERINFECTIOUSDISEASE 11
7684	7684	O
7685	7685	UTBREAKS.— 12
7686	7686	(1) G
7687	7687	LOBAL HEALTH SECURITY .—Funds appro-13
7688	7688	priated by this Act under the heading ‘‘Global 14
7689	7689	Health Programs’’ shall be made available for global 15
7690	7690	health security programs to accelerate the capacity 16
7691	7691	of countries to prevent, detect, and respond to infec-17
7692	7692	tious disease outbreaks, including by strengthening 18
7693	7693	public health capacity where there is a high risk of 19
7694	7694	emerging zoonotic infectious diseases: Provided, 20
7695	7695	That not later than 60 days after the date of enact-21
7696	7696	ment of this Act, the USAID Administrator and the 22
7697	7697	Secretary of State, as appropriate, shall consult with 23
7698	7698	the Committees on Appropriations on the planned 24
7699	7699	uses of such funds. 25 284
7700	7700	•S 2438 RS
7701	7701	(2) FINANCIAL INTERMEDIARY FUND .—Funds 1
7702	7702	appropriated by this Act under the heading ‘‘Global 2
7703	7703	Health Programs’’ may be made available for con-3
7704	7704	tributions to the Financial Intermediary Fund for 4
7705	7705	Pandemic Prevention, Preparedness and Response. 5
7706	7706	(3) E
7707	7707	XTRAORDINARY MEASURES .—If the Sec-6
7708	7708	retary of State determines and reports to the Com-7
7709	7709	mittees on Appropriations that an international in-8
7710	7710	fectious disease outbreak is sustained, severe, and is 9
7711	7711	spreading internationally, or that it is in the na-10
7712	7712	tional interest to respond to a Public Health Emer-11
7713	7713	gency of International Concern, not to exceed an ag-12
7714	7714	gregate total of $200,000,000 of the funds appro-13
7715	7715	priated by this Act under the headings ‘‘Global 14
7716	7716	Health Programs’’, ‘‘Development Assistance’’, 15
7717	7717	‘‘International Disaster Assistance’’, ‘‘Complex Cri-16
7718	7718	ses Fund’’, ‘‘Economic Support Fund’’, ‘‘Democracy 17
7719	7719	Fund’’, ‘‘Assistance for Europe, Eurasia and Cen-18
7720	7720	tral Asia’’, ‘‘Migration and Refugee Assistance’’, and 19
7721	7721	‘‘Millennium Challenge Corporation’’ may be made 20
7722	7722	available to combat such infectious disease or public 21
7723	7723	health emergency, and may be transferred to, and 22
7724	7724	merged with, funds appropriated under such head-23
7725	7725	ings for the purposes of this paragraph. 24 285
7726	7726	•S 2438 RS
7727	7727	(4) EMERGENCY RESERVE FUND .—Up to 1
7728	7728	$90,000,000 of the funds made available under the 2
7729	7729	heading ‘‘Global Health Programs’’ may be made 3
7730	7730	available for the Emergency Reserve Fund estab-4
7731	7731	lished pursuant to section 7058(c)(1) of the Depart-5
7732	7732	ment of State, Foreign Operations, and Related Pro-6
7733	7733	grams Appropriations Act, 2017 (division J of Pub-7
7734	7734	lic Law 115–31): Provided, That such funds shall be 8
7735	7735	made available under the same terms and conditions 9
7736	7736	of such section. 10
7737	7737	(5) C
7738	7738	ONSULTATION AND NOTIFICATION .— 11
7739	7739	Funds made available by this subsection shall be 12
7740	7740	subject to prior consultation with, and the regular 13
7741	7741	notification procedures of, the Committees on Ap-14
7742	7742	propriations. 15
7743	7743	(c) G
7744	7744	LOBALHEALTHWORKFORCE.—Of the funds 16
7745	7745	made available by this Act under the heading ‘‘Global 17
7746	7746	Health Programs’’, not less than $20,000,000 shall be 18
7747	7747	made available to strengthen the global health workforce. 19
7748	7748	(d) L
7749	7749	IMITATION.—Notwithstanding any other provi-20
7750	7750	sion of law, none of the funds made available by this Act 21
7751	7751	may be made available to the Wuhan Institute of Virology 22
7752	7752	located in the City of Wuhan in the People’s Republic of 23
7753	7753	China. 24 286
7754	7754	•S 2438 RS
7755	7755	GENDER EQUALITY AND WOMEN ’S EMPOWERMENT 1
7756	7756	S
7757	7757	EC. 7059. (a) INGENERAL.— 2
7758	7758	(1) G
7759	7759	ENDER EQUALITY .—Funds appropriated 3
7760	7760	by this Act shall be made available to promote gen-4
7761	7761	der equality in United States Government diplomatic 5
7762	7762	and development efforts by raising the status, in-6
7763	7763	creasing the economic participation and opportuni-7
7764	7764	ties for political leadership, and protecting the rights 8
7765	7765	of women and girls worldwide. 9
7766	7766	(2) W
7767	7767	OMEN’S ECONOMIC EMPOWERMENT .— 10
7768	7768	Funds appropriated by this Act are available to im-11
7769	7769	plement the Women’s Entrepreneurship and Eco-12
7770	7770	nomic Empowerment Act of 2018 (Public Law 115– 13
7771	7771	428): Provided, That the Secretary of State and the 14
7772	7772	Administrator of the United States Agency for 15
7773	7773	International Development, as appropriate, shall 16
7774	7774	consult with the Committees on Appropriations on 17
7775	7775	the implementation of such Act. 18
7776	7776	(3) G
7777	7777	ENDER EQUITY AND EQUALITY ACTION 19
7778	7778	FUND.—Of the funds appropriated under title III of 20
7779	7779	this Act, up to $200,000,000 may be made available 21
7780	7780	for the Gender Equity and Equality Action Fund. 22
7781	7781	(b) M
7782	7782	ADELEINEK. ALBRIGHTWOMEN’SLEADER-23
7783	7783	SHIPPROGRAM.—Of the funds appropriated under title 24
7784	7784	III of this Act, not less than $50,000,000 shall be made 25 287
7785	7785	•S 2438 RS
7786	7786	available for the Madeleine K. Albright Women’s Leader-1
7787	7787	ship Program. 2
7788	7788	(c) G
7789	7789	ENDER-BASEDVIOLENCE.— 3
7790	7790	(1) Of the funds appropriated under titles III 4
7791	7791	and IV of this Act, not less than $250,000,000 shall 5
7792	7792	be made available to implement a multi-year strat-6
7793	7793	egy to prevent and respond to gender-based violence 7
7794	7794	in countries where it is common in conflict and non- 8
7795	7795	conflict settings. 9
7796	7796	(2) Funds appropriated under titles III and IV 10
7797	7797	of this Act that are available to train foreign police, 11
7798	7798	judicial, and military personnel, including for inter-12
7799	7799	national peacekeeping operations, shall address, 13
7800	7800	where appropriate, prevention and response to gen-14
7801	7801	der-based violence and trafficking in persons, and 15
7802	7802	shall promote the integration of women into the po-16
7803	7803	lice and other security forces. 17
7804	7804	(d) W
7805	7805	OMEN, PEACE, ANDSECURITY.—Of the funds 18
7806	7806	appropriated by this Act under the headings ‘‘Develop-19
7807	7807	ment Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assist-20
7808	7808	ance for Europe, Eurasia and Central Asia’’, and ‘‘Inter-21
7809	7809	national Narcotics Control and Law Enforcement’’, 22
7810	7810	$150,000,000 should be made available to support a 23
7811	7811	multi-year strategy to expand, and improve coordination 24
7812	7812	of, United States Government efforts to empower women 25 288
7813	7813	•S 2438 RS
7814	7814	as equal partners in conflict prevention, peace building, 1
7815	7815	transitional processes, and reconstruction efforts in coun-2
7816	7816	tries affected by conflict or in political transition, and to 3
7817	7817	ensure the equitable provision of relief and recovery assist-4
7818	7818	ance to women and girls. 5
7819	7819	SECTOR ALLOCATIONS 6
7820	7820	S
7821	7821	EC. 7060. (a) BASICEDUCATION AND HIGHER 7
7822	7822	E
7823	7823	DUCATION.— 8
7824	7824	(1) B
7825	7825	ASIC EDUCATION.— 9
7826	7826	(A) Of the funds appropriated under title 10
7827	7827	III of this Act, not less than $640,555,000 11
7828	7828	shall be made available for the Nita M. Lowey 12
7829	7829	Basic Education Fund, and such funds may be 13
7830	7830	made available notwithstanding any other provi-14
7831	7831	sion of law that restricts assistance to foreign 15
7832	7832	countries: Provided, That such funds shall also 16
7833	7833	be used for secondary education activities: Pro-17
7834	7834	vided further, That section 7(a) of Public Law 18
7835	7835	115–56 shall be implemented by substituting 19
7836	7836	‘‘the thirtieth day of June following’’ for ‘‘180 20
7837	7837	days after’’: Provided further, That if the 21
7838	7838	USAID Administrator determines that any un-22
7839	7839	obligated balances of funds specifically des-23
7840	7840	ignated for assistance for basic education in 24
7841	7841	prior Acts making appropriations for the De-25 289
7842	7842	•S 2438 RS
7843	7843	partment of State, foreign operations, and re-1
7844	7844	lated programs are in excess of the absorptive 2
7845	7845	capacity of recipient countries, such funds may 3
7846	7846	be made available for other programs author-4
7847	7847	ized under chapter 1 of part I of the Foreign 5
7848	7848	Assistance Act of 1961, notwithstanding such 6
7849	7849	funding designation. 7
7850	7850	(B) Of the funds appropriated under title 8
7851	7851	III of this Act for assistance for basic education 9
7852	7852	programs, $160,000,000 should be made avail-10
7853	7853	able for contributions to multilateral partner-11
7854	7854	ships that support education. 12
7855	7855	(2) H
7856	7856	IGHER EDUCATION.—Of the funds appro-13
7857	7857	priated by title III of this Act, not less than 14
7858	7858	$231,566,000 shall be made available for assistance 15
7859	7859	for higher education: Provided, That such funds may 16
7860	7860	be made available notwithstanding any other provi-17
7861	7861	sion of law that restricts assistance to foreign coun-18
7862	7862	tries, and shall be subject to the regular notification 19
7863	7863	procedures of the Committees on Appropriations: 20
7864	7864	Provided further, That of such amount, not less than 21
7865	7865	$35,000,000 shall be made available for new and on-22
7866	7866	going partnerships between higher education institu-23
7867	7867	tions in the United States and developing countries 24
7868	7868	focused on building the capacity of higher education 25 290
7869	7869	•S 2438 RS
7870	7870	institutions and systems in developing countries: 1
7871	7871	Provided further, That not later than 45 days after 2
7872	7872	the date of enactment of this Act, the USAID Ad-3
7873	7873	ministrator shall consult with the Committees on 4
7874	7874	Appropriations on the proposed uses of funds for 5
7875	7875	such partnerships: Provided further, That of such 6
7876	7876	amount and in addition to the previous proviso, not 7
7877	7877	less than $35,000,000 shall be made available for 8
7878	7878	higher education programs pursuant to section 9
7879	7879	7060(a)(3) of the Department of State, Foreign Op-10
7880	7880	erations, and Related Programs Appropriations Act, 11
7881	7881	2021 (division K of Public Law 116–260). 12
7882	7882	(3) S
7883	7883	CHOLAR RESCUE PROGRAMS .—Of the 13
7884	7884	funds appropriated by this Act under the headings 14
7885	7885	‘‘Development Assistance’’, ‘‘Economic Support 15
7886	7886	Fund’’, and ‘‘Assistance for Europe, Eurasia and 16
7887	7887	Central Asia’’, not less than $7,000,000 shall be 17
7888	7888	made available for scholar rescue programs, includ-18
7889	7889	ing for scholars from Afghanistan, Burma, Ethiopia, 19
7890	7890	the Russian Federation, Ukraine, and Yemen, which 20
7891	7891	shall be administered by the Assistant Secretary for 21
7892	7892	the Bureau of Democracy, Human Rights, and 22
7893	7893	Labor, Department of State. 23
7894	7894	(b) D
7895	7895	EVELOPMENTPROGRAMS.—Of the funds appro-24
7896	7896	priated by this Act under the heading ‘‘Development As-25 291
7897	7897	•S 2438 RS
7898	7898	sistance’’, not less than $20,000,000 shall be made avail-1
7899	7899	able for USAID cooperative development programs and 2
7900	7900	not less than $31,500,000 shall be made available for the 3
7901	7901	American Schools and Hospitals Abroad program. 4
7902	7902	(c) F
7903	7903	OODSECURITY ANDAGRICULTURALDEVELOP-5
7904	7904	MENT.— 6
7905	7905	(1) U
7906	7906	SE OF FUNDS.—Of the funds appropriated 7
7907	7907	by title III of this Act, not less than $1,110,600,000 8
7908	7908	shall be made available for food security and agricul-9
7909	7909	tural development programs to carry out the pur-10
7910	7910	poses of the Global Food Security Act of 2016 (Pub-11
7911	7911	lic Law 114–195), as amended by section 5588 of 12
7912	7912	the James M. Inhofe National Defense Authoriza-13
7913	7913	tion Act for Fiscal Year 2023 (Public Law 117– 14
7914	7914	263): Provided, That funds may be made available 15
7915	7915	for a contribution as authorized by section 3202 of 16
7916	7916	the Food, Conservation, and Energy Act of 2008 17
7917	7917	(Public Law 110–246), as amended by section 3310 18
7918	7918	of the Agriculture Improvement Act of 2018 (Public 19
7919	7919	Law 115–334). 20
7920	7920	(2) F
7921	7921	EED THE FUTURE MODERNIZATION .—Of 21
7922	7922	the funds made available pursuant to this sub-22
7923	7923	section— 23 292
7924	7924	•S 2438 RS
7925	7925	(A) not less than 50 percent shall be made 1
7926	7926	available for the Feed the Future target coun-2
7927	7927	tries; 3
7928	7928	(B) not less than $50,000,000 above the 4
7929	7929	prior fiscal year level shall be made available for 5
7930	7930	research and development, including for the Vi-6
7931	7931	sion for Adapted Crops and Soils program; and 7
7932	7932	(C) not less than $50,000,000 shall be 8
7933	7933	made available to support private sector invest-9
7934	7934	ment in food security, including as catalytic 10
7935	7935	capital. 11
7936	7936	(3) R
7937	7937	EPORT.—Not later than 90 days after the 12
7938	7938	date of enactment of this Act, the Secretary of State 13
7939	7939	and USAID Administrator, in consultation with the 14
7940	7940	heads of other relevant Federal agencies, shall joint-15
7941	7941	ly submit a report to the Committees on Appropria-16
7942	7942	tions detailing steps that will be taken to advance 17
7943	7943	sustainability planning, including graduation 18
7944	7944	metrics, for target countries. 19
7945	7945	(d) M
7946	7946	ICRO, SMALL, ANDMEDIUM-SIZEDENTER-20
7947	7947	PRISES.—Of the funds appropriated by this Act, not less 21
7948	7948	than $171,633,000 shall be made available to support the 22
7949	7949	development of, and access to financing for, micro, small, 23
7950	7950	and medium-sized enterprises that benefit the poor, espe-24
7951	7951	cially women. 25 293
7952	7952	•S 2438 RS
7953	7953	(e) PROGRAMS TOCOMBATTRAFFICKING INPER-1
7954	7954	SONS.—Of the funds appropriated by this Act under the 2
7955	7955	headings ‘‘Development Assistance’’, ‘‘Economic Support 3
7956	7956	Fund’’, ‘‘Assistance for Europe, Eurasia and Central 4
7957	7957	Asia’’, and ‘‘International Narcotics Control and Law En-5
7958	7958	forcement’’, not less than $116,400,000 shall be made 6
7959	7959	available for activities to combat trafficking in persons 7
7960	7960	internationally, including for the Program to End Modern 8
7961	7961	Slavery, of which not less than $87,000,000 shall be from 9
7962	7962	funds made available under the heading ‘‘International 10
7963	7963	Narcotics Control and Law Enforcement’’: Provided, That 11
7964	7964	funds made available by this Act under the headings ‘‘De-12
7965	7965	velopment Assistance’’, ‘‘Economic Support Fund’’, and 13
7966	7966	‘‘Assistance for Europe, Eurasia and Central Asia’’ that 14
7967	7967	are made available for activities to combat trafficking in 15
7968	7968	persons should be obligated and programmed consistent 16
7969	7969	with the country-specific recommendations included in the 17
7970	7970	annual Trafficking in Persons Report, and shall be coordi-18
7971	7971	nated with the Office to Monitor and Combat Trafficking 19
7972	7972	in Persons, Department of State. 20
7973	7973	(f) R
7974	7974	ECONCILIATIONPROGRAMS.—Of the funds ap-21
7975	7975	propriated by this Act under the heading ‘‘Development 22
7976	7976	Assistance’’, not less than $25,000,000 shall be made 23
7977	7977	available to support people-to-people reconciliation pro-24
7978	7978	grams which bring together individuals of different ethnic, 25 294
7979	7979	•S 2438 RS
7980	7980	racial, religious, and political backgrounds from areas of 1
7981	7981	civil strife and war: Provided, That the USAID Adminis-2
7982	7982	trator shall consult with the Committees on Appropria-3
7983	7983	tions, prior to the initial obligation of funds, on the uses 4
7984	7984	of such funds, and such funds shall be subject to the reg-5
7985	7985	ular notification procedures of the Committees on Appro-6
7986	7986	priations: Provided further, That to the maximum extent 7
7987	7987	practicable, such funds shall be matched by sources other 8
7988	7988	than the United States Government: Provided further, 9
7989	7989	That such funds shall be administered by the Center for 10
7990	7990	Conflict and Violence Prevention, USAID. 11
7991	7991	(g) W
7992	7992	ATER ANDSANITATION.—Of the funds appro-12
7993	7993	priated by this Act, not less than $327,192,000 shall be 13
7994	7994	made available for water supply and sanitation projects 14
7995	7995	pursuant to section 136 of the Foreign Assistance Act of 15
7996	7996	1961: Provided, That such funds and funds appropriated 16
7997	7997	for such purposes by this Act and prior Acts making ap-17
7998	7998	propriations for the Department of State, foreign oper-18
7999	7999	ations, and related programs shall be made available to 19
8000	8000	continue implementing the Senator Paul Simon Water for 20
8001	8001	the World Act (Public Law 113–289) and Senator Paul 21
8002	8002	Simon Water for the Poor Act (Public Law 109–121) at 22
8003	8003	levels consistent with prior fiscal years. 23
8004	8004	(h) D
8005	8005	EVIATION.—Unless otherwise provided for by 24
8006	8006	this Act, the Secretary of State and the Administrator of 25 295
8007	8007	•S 2438 RS
8008	8008	the United States Agency for International Development, 1
8009	8009	as applicable, may deviate below the minimum funding re-2
8010	8010	quirements designated in sections 7059, 7060, and 7061 3
8011	8011	of this Act by up to 10 percent, notwithstanding such des-4
8012	8012	ignation: Provided, That concurrent with the submission 5
8013	8013	of the report required by section 653(a) of the Foreign 6
8014	8014	Assistance Act of 1961, the Secretary of State shall sub-7
8015	8015	mit to the Committees on Appropriations in writing any 8
8016	8016	proposed deviations utilizing such authority that are 9
8017	8017	planned at the time of submission of such report: Provided 10
8018	8018	further, That any deviations proposed subsequent to the 11
8019	8019	submission of such report shall be subject to prior con-12
8020	8020	sultation with such Committees: Provided further, That 13
8021	8021	not later than November 1, 2025, the Secretary of State 14
8022	8022	shall submit a report to the Committees on Appropriations 15
8023	8023	on the use of the authority of this subsection. 16
8024	8024	(i) P
8025	8025	UBLIC-PRIVATEPARTNERSHIPS.—Of the funds 17
8026	8026	appropriated by this Act and prior Acts making appropria-18
8027	8027	tions for the Department of State foreign operations, and 19
8028	8028	related programs under the heading ‘‘Economic Support 20
8029	8029	Fund’’, $100,000,000 shall be made available to support 21
8030	8030	new public-private partnership foundations for conserva-22
8031	8031	tion and food security if legislation establishing such foun-23
8032	8032	dations is enacted into law by September 30, 2024. 24 296
8033	8033	•S 2438 RS
8034	8034	ENVIRONMENT PROGRAMS 1
8035	8035	S
8036	8036	EC. 7061. (a) Funds appropriated by this Act to 2
8037	8037	carry out the provisions of sections 103 through 106, and 3
8038	8038	chapter 4 of part II, of the Foreign Assistance Act of 1961 4
8039	8039	may be used, notwithstanding any other provision of law, 5
8040	8040	except for the provisions of this section and only subject 6
8041	8041	to the reporting procedures of the Committees on Appro-7
8042	8042	priations, to support environment programs. 8
8043	8043	(b)(1) Of the funds appropriated under title III of 9
8044	8044	this Act, not less than $400,000,000 shall be made avail-10
8045	8045	able for biodiversity conservation programs. 11
8046	8046	(2) Not less than $125,000,000 of the funds appro-12
8047	8047	priated under titles III and IV of this Act shall be made 13
8048	8048	available to combat the transnational threat of wildlife 14
8049	8049	poaching and trafficking. 15
8050	8050	(3) None of the funds appropriated under title IV of 16
8051	8051	this Act may be made available for training or other as-17
8052	8052	sistance for any military unit or personnel that the Sec-18
8053	8053	retary of State determines has been credibly alleged to 19
8054	8054	have participated in wildlife poaching or trafficking, unless 20
8055	8055	the Secretary reports to the appropriate congressional 21
8056	8056	committees that to do so is in the national security inter-22
8057	8057	est of the United States. 23
8058	8058	(4) Funds appropriated by this Act for biodiversity 24
8059	8059	programs shall not be used to support the expansion of 25 297
8060	8060	•S 2438 RS
8061	8061	industrial scale logging, agriculture, livestock production, 1
8062	8062	mining, or any other industrial scale extractive activity 2
8063	8063	into areas that were primary/intact tropical forests as of 3
8064	8064	December 30, 2013, and the Secretary of the Treasury 4
8065	8065	shall instruct the United States executive directors of each 5
8066	8066	international financial institution (IFI) to use the voice 6
8067	8067	and vote of the United States to oppose any financing of 7
8068	8068	any such activity. 8
8069	8069	(c) The Secretary of the Treasury shall instruct the 9
8070	8070	United States executive director of each IFI that it is the 10
8071	8071	policy of the United States to use the voice and vote of 11
8072	8072	the United States, in relation to any loan, grant, strategy, 12
8073	8073	or policy of such institution, regarding the construction 13
8074	8074	of any large dam consistent with the criteria set forth in 14
8075	8075	Senate Report 114–79, while also considering whether the 15
8076	8076	project involves important foreign policy objectives. 16
8077	8077	(d) Of the funds appropriated under title III of this 17
8078	8078	Act, not less than $200,000,000 shall be made available 18
8079	8079	for sustainable landscapes programs. 19
8080	8080	(e) Of the funds appropriated under title III of this 20
8081	8081	Act, not less than $285,000,000 shall be made available 21
8082	8082	for adaptation programs, including in support of the im-22
8083	8083	plementation of the Indo-Pacific Strategy. 23
8084	8084	(f) Of the funds appropriated under title III of this 24
8085	8085	Act, not less than $275,000,000 shall be made available 25 298
8086	8086	•S 2438 RS
8087	8087	for clean energy programs, including in support of car-1
8088	8088	rying out the purposes of the Electrify Africa Act (Public 2
8089	8089	Law 114–121) and implementing the Power Africa initia-3
8090	8090	tive. 4
8091	8091	(g) Funds appropriated by this Act under title III 5
8092	8092	may be made available for United States contributions to 6
8093	8093	the Adaptation Fund and the Least Developed Countries 7
8094	8094	Fund. 8
8095	8095	(h) Of the funds appropriated under title III of this 9
8096	8096	Act, not less than $50,000,000 shall be made available for 10
8097	8097	the purposes enumerated under section 7060(c)(7) of the 11
8098	8098	Department of State, Foreign Operations, and Related 12
8099	8099	Programs Appropriations Act, 2021 (division K of Public 13
8100	8100	Law 116–260): Provided, That such funds may only be 14
8101	8101	made available following consultation with the Committees 15
8102	8102	on Appropriations. 16
8103	8103	(i) Of the funds appropriated under title III of this 17
8104	8104	Act, not less than $20,000,000 shall be made available to 18
8105	8105	support Indigenous and other civil society organizations 19
8106	8106	in developing countries that are working to protect the en-20
8107	8107	vironment, including threatened and endangered species, 21
8108	8108	as described under this section in the report accompanying 22
8109	8109	this Act. 23
8110	8110	(j) The Secretary of State and USAID Administrator 24
8111	8111	shall implement the directive regarding law enforcement 25 299
8112	8112	•S 2438 RS
8113	8113	in national parks and protected areas as described under 1
8114	8114	this section in the report accompanying this Act. 2
8115	8115	BUDGET DOCUMENTS 3
8116	8116	S
8117	8117	EC. 7062. (a) OPERATINGPLANS.—Not later than 4
8118	8118	45 days after the date of enactment of this Act, each de-5
8119	8119	partment, agency, or organization funded in titles I, II, 6
8120	8120	and VI of this Act, the Department of the Treasury and 7
8121	8121	Independent Agencies funded in title III of this Act, in-8
8122	8122	cluding the Inter-American Foundation and the United 9
8123	8123	States African Development Foundation, and the Endur-10
8124	8124	ing Welcome Program Account established in title VII of 11
8125	8125	this Act, shall submit to the Committees on Appropria-12
8126	8126	tions an operating plan for funds appropriated to such de-13
8127	8127	partment, agency, or organization in such titles of this 14
8128	8128	Act, or funds otherwise available for obligation in fiscal 15
8129	8129	year 2024, that provides details of the uses of such funds 16
8130	8130	at the program, project, and activity level: Provided, That 17
8131	8131	such plans shall include, as applicable, a comparison be-18
8132	8132	tween the congressional budget justification funding levels, 19
8133	8133	the most recent congressional directives or approved fund-20
8134	8134	ing levels, and the funding levels proposed by the depart-21
8135	8135	ment or agency; and a clear, concise, and informative de-22
8136	8136	scription/justification: Provided further, That operating 23
8137	8137	plans that include changes in levels of funding for pro-24
8138	8138	grams, projects, and activities specified in the congres-25 300
8139	8139	•S 2438 RS
8140	8140	sional budget justification, in this Act, or amounts specifi-1
8141	8141	cally designated in the respective tables included in the 2
8142	8142	report accompanying this Act, as applicable, shall be sub-3
8143	8143	ject to the notification and reprogramming requirements 4
8144	8144	of section 7015 of this Act. 5
8145	8145	(b) S
8146	8146	PENDPLANS.— 6
8147	8147	(1) Prior to the initial obligation of funds, the 7
8148	8148	Secretary of State or Administrator of the United 8
8149	8149	States Agency for International Development, as ap-9
8150	8150	propriate, shall submit to the Committees on Appro-10
8151	8151	priations spend plans as described under this section 11
8152	8152	in the report accompanying this Act. 12
8153	8153	(2) Not later than 90 days after the date of en-13
8154	8154	actment of this Act, the Secretary of the Treasury 14
8155	8155	shall submit to the Committees on Appropriations a 15
8156	8156	detailed spend plan for funds made available by this 16
8157	8157	Act under the headings ‘‘Department of the Treas-17
8158	8158	ury, International Affairs Technical Assistance’’ in 18
8159	8159	title III and ‘‘Treasury International Assistance Pro-19
8160	8160	grams’’ in title V. 20
8161	8161	(3) Notwithstanding paragraph (1), up to 10 21
8162	8162	percent of the funds contained in a spend plan re-22
8163	8163	quired by this subsection may be obligated prior to 23
8164	8164	the submission of such spend plan if the Secretary 24
8165	8165	of State, the USAID Administrator, or the Secretary 25 301
8166	8166	•S 2438 RS
8167	8167	of the Treasury, as applicable, determines that the 1
8168	8168	obligation of such funds is necessary to avoid signifi-2
8169	8169	cant programmatic disruption: Provided, That not 3
8170	8170	less than seven days prior to such obligation, the 4
8171	8171	Secretary or Administrator, as appropriate, shall 5
8172	8172	consult with the Committees on Appropriations on 6
8173	8173	the justification for such obligation and the proposed 7
8174	8174	uses of such funds. 8
8175	8175	(c) C
8176	8176	LARIFICATION.—The spend plans referenced in 9
8177	8177	subsection (b) shall not be considered as meeting the noti-10
8178	8178	fication requirements in this Act or under section 634A 11
8179	8179	of the Foreign Assistance Act of 1961. 12
8180	8180	(d) C
8181	8181	ONGRESSIONALBUDGETJUSTIFICATION.—The 13
8182	8182	congressional budget justification for Department of State 14
8183	8183	operations and foreign operations shall be provided to the 15
8184	8184	Committees on Appropriations concurrent with the date 16
8185	8185	of submission of the President’s budget for fiscal year 17
8186	8186	2025: Provided, That the appendices for such justification 18
8187	8187	shall be provided to the Committees on Appropriations not 19
8188	8188	later than 10 calendar days thereafter. 20
8189	8189	REORGANIZATION 21
8190	8190	S
8191	8191	EC. 7063. (a) PRIORCONSULTATION AND NOTIFI-22
8192	8192	CATION.—Funds appropriated by this Act, prior Acts 23
8193	8193	making appropriations for the Department of State, for-24
8194	8194	eign operations, and related programs, or any other Act 25 302
8195	8195	•S 2438 RS
8196	8196	may not be used to implement a reorganization, redesign, 1
8197	8197	or other plan described in subsection (b) by the Depart-2
8198	8198	ment of State, the United States Agency for International 3
8199	8199	Development, or any other Federal department, agency, 4
8200	8200	or organization funded by this Act without prior consulta-5
8201	8201	tion by the head of such department, agency, or organiza-6
8202	8202	tion with the appropriate congressional committees: Pro-7
8203	8203	vided, That such funds shall be subject to the regular noti-8
8204	8204	fication procedures of the Committees on Appropriations: 9
8205	8205	Provided further, That any such notification submitted to 10
8206	8206	such Committees shall include a detailed justification for 11
8207	8207	any proposed action: Provided further, That congressional 12
8208	8208	notifications submitted in prior fiscal years pursuant to 13
8209	8209	similar provisions of law in prior Acts making appropria-14
8210	8210	tions for the Department of State, foreign operations, and 15
8211	8211	related programs may be deemed to meet the notification 16
8212	8212	requirements of this section. 17
8213	8213	(b) D
8214	8214	ESCRIPTION OFACTIVITIES.—Pursuant to sub-18
8215	8215	section (a), a reorganization, redesign, or other plan shall 19
8216	8216	include any action to— 20
8217	8217	(1) expand, eliminate, consolidate, or downsize 21
8218	8218	covered departments, agencies, or organizations, in-22
8219	8219	cluding bureaus and offices within or between such 23
8220	8220	departments, agencies, or organizations, including 24 303
8221	8221	•S 2438 RS
8222	8222	the transfer to other agencies of the authorities and 1
8223	8223	responsibilities of such bureaus and offices; 2
8224	8224	(2) expand, eliminate, consolidate, or downsize 3
8225	8225	the United States official presence overseas, includ-4
8226	8226	ing at bilateral, regional, and multilateral diplomatic 5
8227	8227	facilities and other platforms; or 6
8228	8228	(3) expand or reduce the size of the permanent 7
8229	8229	Civil Service, Foreign Service, eligible family mem-8
8230	8230	ber, and locally employed staff workforce of the De-9
8231	8231	partment of State and USAID from the staffing lev-10
8232	8232	els previously justified to the Committees on Appro-11
8233	8233	priations for fiscal year 2024. 12
8234	8234	DEPARTMENT OF STATE MANAGEMENT 13
8235	8235	S
8236	8236	EC. 7064. (a) WORKINGCAPITALFUND.—Funds 14
8237	8237	appropriated by this Act or otherwise made available to 15
8238	8238	the Department of State for payments to the Working 16
8239	8239	Capital Fund that are made available for new service cen-17
8240	8240	ters, shall be subject to the regular notification procedures 18
8241	8241	of the Committees on Appropriations. 19
8242	8242	(b) C
8243	8243	ERTIFICATION.— 20
8244	8244	(1) C
8245	8245	OMPLIANCE.—Not later than 45 days 21
8246	8246	after the initial obligation of funds appropriated 22
8247	8247	under titles III and IV of this Act that are made 23
8248	8248	available to a Department of State bureau or office 24
8249	8249	with responsibility for the management and over-25 304
8250	8250	•S 2438 RS
8251	8251	sight of such funds, the Secretary of State shall cer-1
8252	8252	tify and report to the Committees on Appropria-2
8253	8253	tions, on an individual bureau or office basis, that 3
8254	8254	such bureau or office is in compliance with Depart-4
8255	8255	ment and Federal financial and grants management 5
8256	8256	policies, procedures, and regulations, as applicable. 6
8257	8257	(2) C
8258	8258	ONSIDERATIONS.—When making a certifi-7
8259	8259	cation required by paragraph (1), the Secretary of 8
8260	8260	State shall consider the capacity of a bureau or of-9
8261	8261	fice to— 10
8262	8262	(A) account for the obligated funds at the 11
8263	8263	country and program level, as appropriate; 12
8264	8264	(B) identify risks and develop mitigation 13
8265	8265	and monitoring plans; 14
8266	8266	(C) establish performance measures and 15
8267	8267	indicators; 16
8268	8268	(D) review activities and performance; and 17
8269	8269	(E) assess final results and reconcile fi-18
8270	8270	nances. 19
8271	8271	(3) P
8272	8272	LAN.—If the Secretary of State is unable 20
8273	8273	to make a certification required by paragraph (1), 21
8274	8274	the Secretary shall submit a plan and timeline de-22
8275	8275	tailing the steps to be taken to bring such bureau 23
8276	8276	or office into compliance. 24 305
8277	8277	•S 2438 RS
8278	8278	(c) INFORMATIONTECHNOLOGYPLATFORM.—None 1
8279	8279	of the funds appropriated in title I of this Act under the 2
8280	8280	heading ‘‘Administration of Foreign Affairs’’ may be made 3
8281	8281	available for a new major information technology invest-4
8282	8282	ment without the concurrence of the Chief Information Of-5
8283	8283	ficer, Department of State. 6
8284	8284	UNITED STATES AGENCY FOR INTERNATIONAL 7
8285	8285	DEVELOPMENT MANAGEMENT 8
8286	8286	S
8287	8287	EC. 7065. (a) AUTHORITY.—Up to $170,000,000 of 9
8288	8288	the funds made available in title III of this Act pursuant 10
8289	8289	to or to carry out the provisions of part I of the Foreign 11
8290	8290	Assistance Act of 1961, including funds appropriated 12
8291	8291	under the heading ‘‘Assistance for Europe, Eurasia and 13
8292	8292	Central Asia’’, may be used by the United States Agency 14
8293	8293	for International Development to hire and employ individ-15
8294	8294	uals in the United States and overseas on a limited ap-16
8295	8295	pointment basis pursuant to the authority of sections 308 17
8296	8296	and 309 of the Foreign Service Act of 1980 (22 U.S.C. 18
8297	8297	3948 and 3949). 19
8298	8298	(b) R
8299	8299	ESTRICTION.—The authority to hire individuals 20
8300	8300	contained in subsection (a) shall expire on September 30, 21
8301	8301	2025. 22
8302	8302	(c) P
8303	8303	ROGRAMACCOUNTCHARGED.—The account 23
8304	8304	charged for the cost of an individual hired and employed 24
8305	8305	under the authority of this section shall be the account 25 306
8306	8306	•S 2438 RS
8307	8307	to which the responsibilities of such individual primarily 1
8308	8308	relate: Provided, That funds made available to carry out 2
8309	8309	this section may be transferred to, and merged with, funds 3
8310	8310	appropriated by this Act in title II under the heading ‘‘Op-4
8311	8311	erating Expenses’’. 5
8312	8312	(d) F
8313	8313	OREIGNSERVICELIMITEDEXTENSIONS.—Indi-6
8314	8314	viduals hired and employed by USAID, with funds made 7
8315	8315	available in this Act or prior Acts making appropriations 8
8316	8316	for the Department of State, foreign operations, and re-9
8317	8317	lated programs, pursuant to the authority of section 309 10
8318	8318	of the Foreign Service Act of 1980 (22 U.S.C. 3949), may 11
8319	8319	be extended for a period of up to 4 years notwithstanding 12
8320	8320	the limitation set forth in such section. 13
8321	8321	(e) D
8322	8322	ISASTERSURGECAPACITY.—Funds appro-14
8323	8323	priated under title III of this Act to carry out part I of 15
8324	8324	the Foreign Assistance Act of 1961, including funds ap-16
8325	8325	propriated under the heading ‘‘Assistance for Europe, 17
8326	8326	Eurasia and Central Asia’’, may be used, in addition to 18
8327	8327	funds otherwise available for such purposes, for the cost 19
8328	8328	(including the support costs) of individuals detailed to or 20
8329	8329	employed by USAID whose primary responsibility is to 21
8330	8330	carry out programs in response to natural disasters, or 22
8331	8331	man-made disasters subject to the regular notification 23
8332	8332	procedures of the Committees on Appropriations. 24 307
8333	8333	•S 2438 RS
8334	8334	(f) PERSONALSERVICESCONTRACTORS.—Funds ap-1
8335	8335	propriated by this Act to carry out chapter 1 of part I, 2
8336	8336	chapter 4 of part II, and section 667 of the Foreign As-3
8337	8337	sistance Act of 1961, and title II of the Food for Peace 4
8338	8338	Act (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be 5
8339	8339	used by USAID to employ up to 40 personal services con-6
8340	8340	tractors in the United States, notwithstanding any other 7
8341	8341	provision of law, for the purpose of providing direct, in-8
8342	8342	terim support for new or expanded overseas programs and 9
8343	8343	activities managed by the agency until permanent direct 10
8344	8344	hire personnel are hired and trained: Provided, That not 11
8345	8345	more than 15 of such contractors shall be assigned to any 12
8346	8346	bureau or office: Provided further, That such funds appro-13
8347	8347	priated to carry out title II of the Food for Peace Act 14
8348	8348	(Public Law 83–480; 7 U.S.C. 1721 et seq.), may be made 15
8349	8349	available only for personal services contractors assigned 16
8350	8350	to the Bureau for Humanitarian Assistance. 17
8351	8351	(g) S
8352	8352	MALLBUSINESS.—In entering into multiple 18
8353	8353	award indefinite-quantity contracts with funds appro-19
8354	8354	priated by this Act, USAID may provide an exception to 20
8355	8355	the fair opportunity process for placing task orders under 21
8356	8356	such contracts when the order is placed with any category 22
8357	8357	of small or small disadvantaged business. 23
8358	8358	(h) S
8359	8359	ENIORFOREIGNSERVICELIMITEDAPPOINT-24
8360	8360	MENTS.—Individuals hired pursuant to the authority pro-25 308
8361	8361	•S 2438 RS
8362	8362	vided by section 7059(o) of the Department of State, For-1
8363	8363	eign Operations, and Related Programs Appropriations 2
8364	8364	Act, 2010 (division F of Public Law 111–117) may be 3
8365	8365	assigned to or support programs in Afghanistan or Paki-4
8366	8366	stan with funds made available in this Act and prior Acts 5
8367	8367	making appropriations for the Department of State, for-6
8368	8368	eign operations, and related programs. 7
8369	8369	(i) C
8370	8370	RISISOPERATIONS STAFFING.—Up to 8
8371	8371	$86,000,000 of the funds made available in title III of 9
8372	8372	this Act pursuant to, or to carry out the provisions of, 10
8373	8373	part I of the Foreign Assistance Act of 1961 and section 11
8374	8374	509(b) of the Global Fragility Act of 2019 (title V of divi-12
8375	8375	sion J of Public Law 116–94) may be made available for 13
8376	8376	the United States Agency for International Development 14
8377	8377	to appoint and employ personnel in the excepted service 15
8378	8378	to prevent or respond to foreign crises and contexts with 16
8379	8379	growing instability: Provided, That functions carried out 17
8380	8380	by personnel hired under the authority of this subsection 18
8381	8381	shall be related to the purpose for which the funds were 19
8382	8382	appropriated: Provided further, That such funds are in ad-20
8383	8383	dition to funds otherwise available for such purposes and 21
8384	8384	may remain attributed to any minimum funding require-22
8385	8385	ment for which they were originally made available: Pro-23
8386	8386	vided further, That the USAID Administrator shall coordi-24
8387	8387	nate with the Director of the Office of Personnel Manage-25 309
8388	8388	•S 2438 RS
8389	8389	ment and consult with the appropriate congressional com-1
8390	8390	mittees on implementation of this provision. 2
8391	8391	(j) P
8392	8392	ERSONALSERVICEAGREEMENTS.—Funds ap-3
8393	8393	propriated by this Act under titles II and III may be made 4
8394	8394	available for the USAID Administrator to exercise the au-5
8395	8395	thorities of section 2669(c) of title 22, United States 6
8396	8396	Code. 7
8397	8397	STABILIZATION AND DEVELOPMENT IN REGIONS 8
8398	8398	IMPACTED BY EXTREMISM AND CONFLICT 9
8399	8399	S
8400	8400	EC. 7066. (a) PREVENTION AND STABILIZATION 10
8401	8401	F
8402	8402	UND.—Of the funds appropriated by this Act under the 11
8403	8403	heading ‘‘Economic Support Fund’’, not less than 12
8404	8404	$135,000,000 shall be made available for the Prevention 13
8405	8405	and Stabilization Fund for the purposes enumerated in 14
8406	8406	section 509(a) of the Global Fragility Act of 2019 (title 15
8407	8407	V of division J of Public Law 116–94), of which 16
8408	8408	$25,000,000 may be made available for the Multi-Donor 17
8409	8409	Global Fragility Fund authorized by section 510(c) of 18
8410	8410	such Act: Provided, That such funds may only be made 19
8411	8411	available for assistance for Mozambique, Papua New 20
8412	8412	Guinea, and countries in Coastal West Africa: Provided 21
8413	8413	further, That funds appropriated under such headings may 22
8414	8414	be transferred to, and merged with, funds appropriated 23
8415	8415	under the headings ‘‘International Narcotics Control and 24
8416	8416	Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 25 310
8417	8417	•S 2438 RS
8418	8418	Demining and Related Programs’’, ‘‘Peacekeeping Oper-1
8419	8419	ations’’, and ‘‘Foreign Military Financing Program’’ for 2
8420	8420	such purposes: Provided further, That such transfer au-3
8421	8421	thority is in addition to any other transfer authority pro-4
8422	8422	vided by this Act or any other Act, and is subject to prior 5
8423	8423	consultation with, and the regular notification procedures 6
8424	8424	of, the Committees on Appropriations: Provided further, 7
8425	8425	That funds made available pursuant to this subsection 8
8426	8426	that are transferred to funds appropriated under the head-9
8427	8427	ing ‘‘Foreign Military Financing Program’’ may remain 10
8428	8428	available until September 30, 2025. 11
8429	8429	(b) G
8430	8430	LOBALCOMMUNITYENGAGEMENT AND RESIL-12
8431	8431	IENCEFUND.—Funds appropriated by this Act and prior 13
8432	8432	Acts making appropriations for the Department of State, 14
8433	8433	foreign operations, and related programs under the head-15
8434	8434	ing ‘‘Economic Support Fund’’ may be made available to 16
8435	8435	the Global Community Engagement and Resilience Fund, 17
8436	8436	including as a contribution. 18
8437	8437	DEBT-FOR-DEVELOPMENT 19
8438	8438	S
8439	8439	EC. 7067. In order to enhance the continued partici-20
8440	8440	pation of nongovernmental organizations in debt-for-devel-21
8441	8441	opment and debt-for-nature exchanges, a nongovern-22
8442	8442	mental organization which is a grantee or contractor of 23
8443	8443	the United States Agency for International Development 24
8444	8444	may place in interest bearing accounts local currencies 25 311
8445	8445	•S 2438 RS
8446	8446	which accrue to that organization as a result of economic 1
8447	8447	assistance provided under title III of this Act and, subject 2
8448	8448	to the regular notification procedures of the Committees 3
8449	8449	on Appropriations, any interest earned on such investment 4
8450	8450	shall be used for the purpose for which the assistance was 5
8451	8451	provided to that organization. 6
8452	8452	EXTENSION OF CONSULAR FEES AND RELATED 7
8453	8453	AUTHORITIES 8
8454	8454	S
8455	8455	EC. 7068. (a) Section 1(b)(1) of the Passport Act 9
8456	8456	of June 4, 1920 (22 U.S.C. 214(b)(1)) shall be applied 10
8457	8457	through fiscal year 2024 by substituting ‘‘the costs of pro-11
8458	8458	viding consular services’’ for ‘‘such costs’’. 12
8459	8459	(b) Section 21009 of the Emergency Appropriations 13
8460	8460	for Coronavirus Health Response and Agency Operations 14
8461	8461	(division B of Public Law 116–136; 134 Stat. 592) shall 15
8462	8462	be applied during fiscal year 2024 by substituting ‘‘2020 16
8463	8463	through 2024’’ for ‘‘2020 through 2023’’. 17
8464	8464	(c) Discretionary amounts made available to the De-18
8465	8465	partment of State under the heading ‘‘Administration of 19
8466	8466	Foreign Affairs’’ of this Act, and discretionary unobli-20
8467	8467	gated balances under such heading from prior Acts mak-21
8468	8468	ing appropriations for the Department of State, foreign 22
8469	8469	operations, and related programs, may be transferred to 23
8470	8470	the Consular and Border Security Programs account if the 24
8471	8471	Secretary of State determines and reports to the Commit-25 312
8472	8472	•S 2438 RS
8473	8473	tees on Appropriations that to do so is necessary to sus-1
8474	8474	tain consular operations, following consultation with such 2
8475	8475	Committees: Provided, That such transfer authority is in 3
8476	8476	addition to any transfer authority otherwise available in 4
8477	8477	this Act and under any other provision of law: Provided 5
8478	8478	further, That no amounts may be transferred from 6
8479	8479	amounts designated as an emergency requirement pursu-7
8480	8480	ant to a concurrent resolution on the budget or the Bal-8
8481	8481	anced Budget and Emergency Deficit Control Act of 1985. 9
8482	8482	(d) In addition to the uses permitted pursuant to sec-10
8483	8483	tion 286(v)(2)(A) of the Immigration and Nationality Act 11
8484	8484	(8 U.S.C. 1356(v)(2)(A)), for fiscal year 2023, the Sec-12
8485	8485	retary of State may also use fees deposited into the Fraud 13
8486	8486	Prevention and Detection Account for the costs of pro-14
8487	8487	viding consular services. 15
8488	8488	(e) Amounts provided pursuant to subsection (b) are 16
8489	8489	designated by the Congress as being for an emergency re-17
8490	8490	quirement pursuant to section 251(b)(2)(A)(i) of the Bal-18
8491	8491	anced Budget and Emergency Deficit Control Act of 1985. 19
8492	8492	USAID BUYING POWER MAINTENANCE ACCOUNT 20
8493	8493	S
8494	8494	EC. 7069. There is hereby established in the Treas-21
8495	8495	ury of the United States a USAID Buying Power Mainte-22
8496	8496	nance Account (the ‘‘Account’’): Provided, That up to 23
8497	8497	$50,000,000 of expired or unexpired discretionary unobli-24
8498	8498	gated balances appropriated for this and for any suc-25 313
8499	8499	•S 2438 RS
8500	8500	ceeding fiscal year under the heading ‘‘Operating Ex-1
8501	8501	penses’’ may be transferred to, and merged with, the Ac-2
8502	8502	count not later than the end of the fifth fiscal year after 3
8503	8503	the last fiscal year for which such funds are available for 4
8504	8504	the purposes for which appropriated: Provided further, 5
8505	8505	That amounts deposited in the Account shall be available 6
8506	8506	until expended for the purposes of offsetting adverse fluc-7
8507	8507	tuations in foreign currency exchange rates or overseas 8
8508	8508	wage and price changes to maintain overseas operations, 9
8509	8509	in addition to such other funds as may be available for 10
8510	8510	such purposes: Provided further, That amounts from the 11
8511	8511	Account may be transferred to, and merged with, funds 12
8512	8512	appropriated under titles II and III of this Act or subse-13
8513	8513	quent Acts making appropriations for the Department of 14
8514	8514	State, foreign operations, and related programs for such 15
8515	8515	purposes: Provided further, That any specific designation 16
8516	8516	or restriction contained in this Act or any other provision 17
8517	8517	of law limiting the amounts available that may be obli-18
8518	8518	gated or expended shall be deemed to be adjusted to the 19
8519	8519	extent necessary to offset the net effect of fluctuations in 20
8520	8520	foreign currency exchange rates or overseas wage and 21
8521	8521	price changes in order to maintain approved levels: Pro-22
8522	8522	vided further, That transfers pursuant to this section shall 23
8523	8523	be subject to the regular notification procedures of the 24
8524	8524	Committees on Appropriations. 25 314
8525	8525	•S 2438 RS
8526	8526	ORGANIZATION OF AMERICAN STATES 1
8527	8527	S
8528	8528	EC. 7070. (a) The Secretary of State shall instruct 2
8529	8529	the United States Permanent Representative to the Orga-3
8530	8530	nization of American States (OAS) to use the voice and 4
8531	8531	vote of the United States to: (1) implement budgetary re-5
8532	8532	forms and efficiencies within the Organization; (2) elimi-6
8533	8533	nate arrears, increase other donor contributions, and im-7
8534	8534	pose penalties for successive late payment of assessments; 8
8535	8535	(3) prevent programmatic and organizational 9
8536	8536	redundancies and consolidate duplicative activities and 10
8537	8537	functions; (4) prioritize areas in which the OAS has exper-11
8538	8538	tise, such as strengthening democracy, monitoring elec-12
8539	8539	toral processes, and protecting human rights; and (5) im-13
8540	8540	plement reforms within the Office of the Inspector General 14
8541	8541	(OIG) to ensure the OIG has the necessary leadership, in-15
8542	8542	tegrity, professionalism, independence, policies, and proce-16
8543	8543	dures to properly carry out its responsibilities in a manner 17
8544	8544	that meets or exceeds best practices in the United States. 18
8545	8545	(b) Prior to the obligation of funds appropriated by 19
8546	8546	this Act and made available for an assessed contribution 20
8547	8547	to the Organization of American States, but not later than 21
8548	8548	90 days after the date of enactment of this Act, the Sec-22
8549	8549	retary of State shall submit a report to the appropriate 23
8550	8550	congressional committees on actions taken or planned to 24
8551	8551	be taken pursuant to subsection (a) that are in addition 25 315
8552	8552	•S 2438 RS
8553	8553	to actions taken during the preceding fiscal year, and the 1
8554	8554	results of such actions. 2
8555	8555	MULTILATERAL DEVELOPMENT BANKS 3
8556	8556	S
8557	8557	EC. 7071. The African Development Fund Act (22 4
8558	8558	U.S.C. 290g et seq.) is amended by adding at the end the 5
8559	8559	following new section: 6
8560	8560	‘‘SEC. 227. SIXTEENTH REPLENISHMENT. 7
8561	8561	‘‘(a) I
8562	8562	NGENERAL.—The United States Governor of 8
8563	8563	the Fund is authorized to contribute on behalf of the 9
8564	8564	United States $591,000,000 to the sixteenth replenish-10
8565	8565	ment of the resources of the Fund, subject to obtaining 11
8566	8566	the necessary appropriations. 12
8567	8567	‘‘(b) A
8568	8568	UTHORIZATION OF APPROPRIATIONS.—In 13
8569	8569	order to pay for the United States contribution provided 14
8570	8570	for in subsection (a), there are authorized to be appro-15
8571	8571	priated, without fiscal year limitation, $591,000,000 for 16
8572	8572	payment by the Secretary of the Treasury.’’. 17
8573	8573	ENDURING WELCOME PROGRAM ACCOUNT 18
8574	8574	S
8575	8575	EC. 7072. There is established an account in the 19
8576	8576	Treasury to be known as the ‘‘Enduring Welcome Pro-20
8577	8577	gram Account’’ to provide for relocation and related sup-21
8578	8578	port of individuals at risk as a result of the situation in 22
8579	8579	Afghanistan, including travel and related expenditures, se-23
8580	8580	curity and vetting, sustainment and other needs, fees, ex-24
8581	8581	aminations, facilities, and administrative expenses: Pro-25 316
8582	8582	•S 2438 RS
8583	8583	vided, That such funds may be made available as contribu-1
8584	8584	tions and are in addition to funds otherwise available for 2
8585	8585	such purposes: Provided further, That such funds may be 3
8586	8586	considered to be foreign assistance under the Foreign As-4
8587	8587	sistance Act of 1961 for purposes of making available the 5
8588	8588	administrative authorities contained in that Act, as appro-6
8589	8589	priate : Provided further, That unobligated balances from 7
8590	8590	prior year appropriations made available to the Depart-8
8591	8591	ment of State for support for Operation Enduring Wel-9
8592	8592	come and related efforts, including amounts transferred 10
8593	8593	to the Department pursuant to section 122 of division A 11
8594	8594	of Public Law 117–180, may be transferred to this ac-12
8595	8595	count for purposes specified in this section: Provided fur-13
8596	8596	ther, That amounts transferred to this account from funds 14
8597	8597	made available under the heading ‘‘Emergency Refugee 15
8598	8598	and Migration Assistance’’, may be made available not-16
8599	8599	withstanding any provision of law which restricts assist-17
8600	8600	ance to foreign countries: Provided further, That amounts 18
8601	8601	transferred pursuant to this section that were previously 19
8602	8602	designated by the Congress as an emergency requirement 20
8603	8603	pursuant to a concurrent resolution on the budget or the 21
8604	8604	Balanced Budget and Emergency Deficit Control Act of 22
8605	8605	1985 are designated by the Congress as being an emer-23
8606	8606	gency requirement pursuant to section 251(b)(2)(A)(i) of 24 317
8607	8607	•S 2438 RS
8608	8608	the Balanced Budget and Emergency Deficit Control Act 1
8609	8609	of 1985. 2
8610	8610	INTERNATIONAL BOUNDARY AND WATER COMMISSION 3
8611	8611	(INCLUDING TRANSFER OF FUNDS) 4
8612	8612	S
8613	8613	EC. 7073. Funds may be transferred to the United 5
8614	8614	States Section of the International Boundary and Water 6
8615	8615	Commission, United States and Mexico, from Federal or 7
8616	8616	non-Federal entities, to study, design, construct, operate, 8
8617	8617	and maintain treatment and flood control works and re-9
8618	8618	lated structures, consistent with the functions of the 10
8619	8619	United States Section: Provided, That such funds shall be 11
8620	8620	deposited in an account under the heading ‘‘International 12
8621	8621	Boundary and Water Commission, United States and 13
8622	8622	Mexico’’, to remain available until expended. 14
8623	8623	RESCISSIONS 15
8624	8624	(INCLUDING RESCISSIONS OF FUNDS) 16
8625	8625	S
8626	8626	EC. 7074. (a) MILLENNIUMCHALLENGECORPORA-17
8627	8627	TION.—Of the unobligated balances from amounts made 18
8628	8628	available under the heading ‘‘Millennium Challenge Cor-19
8629	8629	poration’’ from prior Acts making appropriations for the 20
8630	8630	Department of State, foreign operations, and related pro-21
8631	8631	grams, $100,000,000 are rescinded. 22
8632	8632	(b) E
8633	8633	MBASSYSECURITY, CONSTRUCTION, ANDMAIN-23
8634	8634	TENANCE.—Of the unobligated and unexpended balances 24
8635	8635	from amounts made available under the heading ‘‘Em-25 318
8636	8636	•S 2438 RS
8637	8637	bassy Security, Construction, and Maintenance’’ from 1
8638	8638	prior Acts making appropriations for the Department of 2
8639	8639	State, foreign operations, and related programs, 3
8640	8640	$324,445,000 are rescinded. 4
8641	8641	(c) I
8642	8642	NTERNATIONALNARCOTICSCONTROL ANDLAW 5
8643	8643	E
8644	8644	NFORCEMENT.—Of the unobligated and unexpended bal-6
8645	8645	ances from amounts made available under the heading 7
8646	8646	‘‘International Narcotics Control and Law Enforcement’’ 8
8647	8647	from prior Acts making appropriations for the Depart-9
8648	8648	ment of State, foreign operations, and related programs, 10
8649	8649	$67,000,000 are rescinded. 11
8650	8650	(d) C
8651	8651	ONSULAR AND BORDERSECURITYPRO-12
8652	8652	GRAMS.—Of the unobligated balances available in the 13
8653	8653	‘‘Consular and Border Security Programs’’ account, 14
8654	8654	$250,000,000 are rescinded. 15
8655	8655	(e) E
8656	8656	XPORT-IMPORTBANK.—Of the unobligated bal-16
8657	8657	ances from amounts made available under the heading 17
8658	8658	‘‘Export and Investment Assistance, Export-Import Bank 18
8659	8659	of the United States, Subsidy Appropriation’’ for tied-aid 19
8660	8660	grants from prior Acts making appropriations for the De-20
8661	8661	partment of State, foreign operations, and related pro-21
8662	8662	grams, $59,000,000 are rescinded. 22
8663	8663	(f) R
8664	8664	ESTRICTION.—No amounts may be rescinded 23
8665	8665	from amounts that were previously designated by the Con-24
8666	8666	gress as an emergency requirement pursuant to a concur-25 319
8667	8667	•S 2438 RS
8668	8668	rent resolution on the budget or section 251(b)(2)(A)(i) 1
8669	8669	of the Balanced Budget and Emergency Deficit Control 2
8670	8670	Act of 1985. 3
8671	8671	AVAILABILITY OF FUNDS 4
8672	8672	S
8673	8673	EC. 7075. Each amount designated in this Act by 5
8674	8674	the Congress as an emergency requirement pursuant to 6
8675	8675	section 251(b)(2)(A)(i) of the Balanced Budget and 7
8676	8676	Emergency Deficit Control Act of 1985 shall be available 8
8677	8677	only if the President subsequently so designates all such 9
8678	8678	amounts and transmits such designations to the Congress. 10
8679	8679	This Act may be cited as the ‘‘Department of State, 11
8680	8680	Foreign Operations, and Related Programs Appropria-12
8681	8681	tions Act, 2024’’. 13 Calendar No.
8682	8682	144
8683	8683	118
8684	8684	TH
8685	8685	CONGRESS
8686	8686	1
8687	8687	ST
8688	8688	S
8689	8689	ESSION
8690	8690
8691	8691	S. 2438
8692	8692	[Report No. 118–71]
8693	8693	A BILL
8694	8694	Making appropriations for the Department of
8695	8695	State, foreign operations, and related programs
8696	8696	for the fiscal year ending September 30, 2024,
8697	8697	and for other purposes.
8698	8698	J
8699	8699	ULY
8700	8700	20, 2023
8701	8701	Read twice and placed on the calendar