II Calendar No. 144 118THCONGRESS 1 STSESSION S. 2438 [Report No. 118–71] Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2024, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY20, 2023 Mr. C OONS, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendar A BILL Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year end- ing September 30, 2024, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 That the following sums are appropriated, out of any 3 money in the Treasury not otherwise appropriated, for the 4 Department of State, foreign operations, and related pro-5 grams for the fiscal year ending September 30, 2024, and 6 for other purposes, namely: 7 2 •S 2438 RS TITLE I 1 DEPARTMENT OF STATE AND RELATED 2 AGENCY 3 D EPARTMENT OFSTATE 4 A DMINISTRATION OFFOREIGNAFFAIRS 5 DIPLOMATIC PROGRAMS 6 For necessary expenses of the Department of State 7 and the Foreign Service not otherwise provided for, 8 $9,752,263,000, of which $883,283,000 may remain avail-9 able until September 30, 2025, and of which up to 10 $3,863,707,000 may remain available until expended for 11 Worldwide Security Protection: Provided, That funds 12 made available under this heading shall be allocated in ac-13 cordance with paragraphs (1) through (4), as follows: 14 (1) H UMAN RESOURCES .—For necessary ex-15 penses for training, human resources management, 16 and salaries, including employment without regard 17 to civil service and classification laws of persons on 18 a temporary basis (not to exceed $700,000), as au-19 thorized by section 801 of the United States Infor-20 mation and Educational Exchange Act of 1948 (62 21 Stat. 11; Chapter 36), $3,676,196,000, of which up 22 to $684,767,000 is for Worldwide Security Protec-23 tion. 24 3 •S 2438 RS (2) OVERSEAS PROGRAMS .—For necessary ex-1 penses for the regional bureaus of the Department 2 of State and overseas activities as authorized by law, 3 $1,739,648,000. 4 (3) D IPLOMATIC POLICY AND SUPPORT .—For 5 necessary expenses for the functional bureaus of the 6 Department of State, including representation to 7 certain international organizations in which the 8 United States participates pursuant to treaties rati-9 fied pursuant to the advice and consent of the Sen-10 ate or specific Acts of Congress, general administra-11 tion, and arms control, nonproliferation, and disar-12 mament activities as authorized, $1,127,966,000. 13 (4) S ECURITY PROGRAMS .—For necessary ex-14 penses for security activities, $3,208,453,000, of 15 which up to $3,178,940,000 is for Worldwide Secu-16 rity Protection. 17 (5) F EES AND PAYMENTS COLLECTED .—In ad-18 dition to amounts otherwise made available under 19 this heading— 20 (A) as authorized by section 810 of the 21 United States Information and Educational Ex-22 change Act, not to exceed $5,000,000, to re-23 main available until expended, may be credited 24 to this appropriation from fees or other pay-25 4 •S 2438 RS ments received from English teaching, library, 1 motion pictures, and publication programs and 2 from fees from educational advising and coun-3 seling and exchange visitor programs; and 4 (B) not to exceed $15,000, which shall be 5 derived from reimbursements, surcharges, and 6 fees for use of Blair House facilities. 7 (6) T RANSFER OF FUNDS , REPROGRAMMING, 8 AND OTHER MATTERS .— 9 (A) Notwithstanding any other provision of 10 this Act, funds may be reprogrammed within 11 and between paragraphs (1) through (4) under 12 this heading subject to section 7015 of this Act. 13 (B) Of the amount made available under 14 this heading for Worldwide Security Protection, 15 not to exceed $50,000,000 may be transferred 16 to, and merged with, funds made available by 17 this Act under the heading ‘‘Emergencies in the 18 Diplomatic and Consular Service’’, to be avail-19 able only for emergency evacuations and re-20 wards, as authorized: Provided, That the exer-21 cise of the authority provided by this subpara-22 graph shall be subject to prior consultation with 23 the Committees on Appropriations. 24 5 •S 2438 RS (C) Funds appropriated under this heading 1 are available for acquisition by exchange or pur-2 chase of passenger motor vehicles as authorized 3 by law and, pursuant to section 1108(g) of title 4 31, United States Code, for the field examina-5 tion of programs and activities in the United 6 States funded from any account contained in 7 this title. 8 (D) Funds appropriated under this head-9 ing shall be made available to support the ac-10 tivities of the Ambassador-at-Large for the Arc-11 tic Region, as described in the report accom-12 panying this Act. 13 (E) Of the amount made available under 14 this heading, up to $75,000,000 may be trans-15 ferred to, and merged with, funds made avail-16 able in title I of this Act under the heading 17 ‘‘Capital Investment Fund’’: Provided, That the 18 exercise of the authority provided by this sub-19 paragraph shall be subject to prior consultation 20 with the Committees on Appropriations. 21 (F) Consistent with section 204 of the Ad-22 miral James W. Nance and Meg Donovan For-23 eign Relations Authorization Act, Fiscal Years 24 2000 and 2001 (22 U.S.C. 2452b), up to 25 6 •S 2438 RS $25,000,000 of the amounts made available 1 under this heading may be obligated and ex-2 pended for United States participation in inter-3 national fairs and expositions abroad, including 4 for construction and operation of a United 5 States pavilion at Expo 2025. 6 (G) Funds appropriated under this head-7 ing and under the heading ‘‘Emergencies in the 8 Diplomatic and Consular Service’’ may be made 9 available for support for United States nation-10 als detained overseas following the return of 11 such nationals, and their family members, if the 12 Secretary of State has determined that there is 13 credible information that their detention was 14 wrongful, consistent with section 302(a) of the 15 Robert Levinson Hostage Recovery and Hos-16 tage-Taking Accountability Act (subtitle A of 17 title III of division FF of Public Law 116– 18 260), including for— 19 (i) medical, mental health, and other 20 appropriate support for such wrongfully 21 detained United States nationals; and 22 (ii) travel expenses and other appro-23 priate support for family members of such 24 individuals during their wrongful deten-25 7 •S 2438 RS tion, and following their return, including 1 for counseling, the provision of information 2 related to the wrongful detention case, and 3 family reunification: 4 Provided, That of the funds made available under 5 this heading, up to $6,200,000 may be made avail-6 able for such purposes: Provided further, That funds 7 made available pursuant to this subparagraph shall 8 be subject to prior consultation with, and the regular 9 notification procedures of, the Committees on Ap-10 propriations. 11 CAPITAL INVESTMENT FUND 12 For necessary expenses of the Capital Investment 13 Fund, as authorized, $389,000,000, to remain available 14 until expended. 15 OFFICE OF INSPECTOR GENERAL 16 For necessary expenses of the Office of Inspector 17 General, $134,670,000, of which $16,175,000 may remain 18 available until September 30, 2025, and of which up to 19 $26,835,000 may remain available until September 30, 20 2025 for the Special Inspector General for Afghanistan 21 Reconstruction (SIGAR): Provided, That funds appro-22 priated under this heading are made available notwith-23 standing section 209(a)(1) of the Foreign Service Act of 24 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspec-25 8 •S 2438 RS tions: Provided further, That funds appropriated under 1 this heading that are made available for the printing and 2 reproduction costs of SIGAR shall not exceed amounts for 3 such costs during the prior fiscal year. 4 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS 5 For necessary expenses of educational and cultural 6 exchange programs, as authorized, $779,539,000, to re-7 main available until expended, of which not less than 8 $287,800,000 shall be for the Fulbright Program and not 9 less than $115,000,000 shall be for Citizen Exchange Pro-10 gram: Provided, That fees or other payments received 11 from, or in connection with, English teaching, educational 12 advising and counseling programs, and exchange visitor 13 programs as authorized may be credited to this account, 14 to remain available until expended: Provided further, That 15 a portion of the Fulbright awards from the Eurasia and 16 Central Asia regions shall be designated as Edmund S. 17 Muskie Fellowships, following consultation with the Com-18 mittees on Appropriations: Provided further, That funds 19 appropriated under this heading that are made available 20 for the Benjamin Gilman International Scholarships Pro-21 gram shall also be made available for the John S. McCain 22 Scholars Program, pursuant to section 7075 of the De-23 partment of State, Foreign Operations, and Related Pro-24 grams Appropriations Act, 2019 (division F of Public Law 25 9 •S 2438 RS 116–6): Provided further, That funds appropriated under 1 this heading shall be made available for the Arctic Ex-2 change Program: Provided further, That a portion of the 3 Global Undergraduate Exchange Program awards under 4 the Fulbright Program shall be designated as Ukraine Re-5 construction Engineering Fellowships, following consulta-6 tion with the Committees on Appropriations: Provided fur-7 ther, That any substantive modifications from the prior 8 fiscal year to programs funded by this Act under this 9 heading shall be subject to prior consultation with, and 10 the regular notification procedures of, the Committees on 11 Appropriations: Provided further, That funds made avail-12 able under this heading may be used to carry out the ac-13 tivities of the Cultural Antiquities Task Force, of which 14 not to exceed $1,200,000 may be used to make grants for 15 such purposes: Provided further, That funds made avail-16 able under this heading may be made available for Ful-17 bright exchange programs for Hong Kong and Macau not-18 withstanding any other provision of law, executive order, 19 or regulation, following consultation with the appropriate 20 congressional committees. 21 REPRESENTATION EXPENSES 22 For representation expenses as authorized, 23 $7,415,000. 24 10 •S 2438 RS PROTECTION OF FOREIGN MISSIONS AND OFFICIALS 1 For necessary expenses, not otherwise provided, to 2 enable the Secretary of State to provide for extraordinary 3 protective services, as authorized, $30,890,000, to remain 4 available until September 30, 2025. 5 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE 6 For necessary expenses for carrying out the Foreign 7 Service Buildings Act of 1926 (22 U.S.C. 292 et seq.), 8 preserving, maintaining, repairing, and planning for real 9 property that are owned or leased by the Department of 10 State, and renovating, in addition to funds otherwise avail-11 able, the Harry S Truman Building, $917,381,000, to re-12 main available until September 30, 2028, of which not to 13 exceed $25,000 may be used for overseas representation 14 expenses as authorized: Provided, That none of the funds 15 appropriated in this paragraph shall be available for acqui-16 sition of furniture, furnishings, or generators for other de-17 partments and agencies of the United States Government. 18 In addition, for the costs of worldwide security up-19 grades, acquisition, and construction as authorized, 20 $1,095,801,000, to remain available until expended. 21 Amounts appropriated under this heading are made 22 available for the purposes justified for funds requested 23 under this heading in the fiscal year 2024 budget request 24 for international affairs, Congressional Budget Appendix 25 11 •S 2438 RS 1: Department of State, Diplomatic Engagement Jus-1 tification, except not more than 90 percent of the amount 2 justified for any new construction cost project may be 3 made available for such purpose: Provided, That the re-4 ductions in cost required by this paragraph shall be made 5 based on a risk-based assessment of construction require-6 ments, consistent with applicable laws and regulations, in-7 cluding section 9301 of the Secure Embassy Construction 8 and Counterterrorism Act of 2022 (title XCIII, Public 9 Law 117–263): Provided further, That the amounts that 10 remain available following such reductions shall be used 11 for the acceleration of projects planned for fiscal year 12 2025 for projects in the existing maintenance backlog, or 13 for projects specified in the report accompanying this Act, 14 following consultation with, and subject to the regular no-15 tification procedures of, the Committees on Appropria-16 tions. 17 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR 18 SERVICE 19 For necessary expenses to enable the Secretary of 20 State to meet unforeseen emergencies arising in the Diplo-21 matic and Consular Service, as authorized, $8,885,000, to 22 remain available until expended, of which not to exceed 23 $1,000,000 may be transferred to, and merged with, funds 24 12 •S 2438 RS appropriated by this Act under the heading ‘‘Repatriation 1 Loans Program Account’’. 2 REPATRIATION LOANS PROGRAM ACCOUNT 3 For the cost of direct loans, $1,800,000, as author-4 ized: Provided, That such costs, including the cost of modi-5 fying such loans, shall be as defined in section 502 of the 6 Congressional Budget Act of 1974: Provided further, That 7 such funds are available to subsidize gross obligations for 8 the principal amount of direct loans not to exceed 9 $5,167,004. 10 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN 11 For necessary expenses to carry out the Taiwan Rela-12 tions Act (Public Law 96–8), $36,964,000. 13 INTERNATIONAL CENTER , WASHINGTON, DISTRICT OF 14 COLUMBIA 15 Not to exceed $1,842,732 shall be derived from fees 16 collected from other executive agencies for lease or use of 17 facilities at the International Center in accordance with 18 section 4 of the International Center Act (Public Law 90– 19 553), and, in addition, as authorized by section 5 of such 20 Act, $744,000, to be derived from the reserve authorized 21 by such section, to be used for the purposes set out in 22 that section. 23 13 •S 2438 RS PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND 1 DISABILITY FUND 2 For payment to the Foreign Service Retirement and 3 Disability Fund, as authorized, $158,900,000. 4 I NTERNATIONALORGANIZATIONS 5 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 6 For necessary expenses, not otherwise provided for, 7 to meet annual obligations of membership in international 8 multilateral organizations, pursuant to treaties ratified 9 pursuant to the advice and consent of the Senate, conven-10 tions, or specific Acts of Congress, $1,622,825,000, of 11 which $96,240,000 may remain available until September 12 30, 2025: Provided, That the Secretary of State shall, at 13 the time of the submission of the President’s budget to 14 Congress under section 1105(a) of title 31, United States 15 Code, transmit to the Committees on Appropriations the 16 most recent biennial budget prepared by the United Na-17 tions for the operations of the United Nations: Provided 18 further, That the Secretary of State shall notify the Com-19 mittees on Appropriations at least 15 days in advance (or 20 in an emergency, as far in advance as is practicable) of 21 any United Nations action to increase funding for any 22 United Nations program without identifying an offsetting 23 decrease elsewhere in the United Nations budget: Provided 24 further, That any payment of arrearages under this head-25 14 •S 2438 RS ing shall be directed to activities that are mutually agreed 1 upon by the United States and the respective international 2 organization and shall be subject to the regular notifica-3 tion procedures of the Committees on Appropriations: Pro-4 vided further, That none of the funds appropriated under 5 this heading shall be available for a United States con-6 tribution to an international organization for the United 7 States share of interest costs made known to the United 8 States Government by such organization for loans in-9 curred on or after October 1, 1984, through external bor-10 rowings: Provided further, That funds made available 11 under this heading may be made available for United 12 States contributions in support of the International En-13 ergy Forum. 14 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING 15 ACTIVITIES 16 For necessary expenses to pay assessed and other ex-17 penses of international peacekeeping activities directed to 18 the maintenance or restoration of international peace and 19 security, $1,481,915,000, of which $740,958,000 may re-20 main available until September 30, 2025: Provided, That 21 none of the funds made available by this Act shall be obli-22 gated or expended for any new or expanded United Na-23 tions peacekeeping mission unless, at least 15 days in ad-24 vance of voting for such mission in the United Nations 25 15 •S 2438 RS Security Council (or in an emergency as far in advance 1 as is practicable), the Committees on Appropriations are 2 notified of: (1) the estimated cost and duration of the mis-3 sion, the objectives of the mission, the national interest 4 that will be served, and the exit strategy; and (2) the 5 sources of funds, including any reprogrammings or trans-6 fers, that will be used to pay the cost of the new or ex-7 panded mission, and the estimated cost in future fiscal 8 years: Provided further, That none of the funds appro-9 priated under this heading may be made available for obli-10 gation unless the Secretary of State certifies and reports 11 to the Committees on Appropriations on a peacekeeping 12 mission-by-mission basis that the United Nations is imple-13 menting effective policies and procedures to prevent 14 United Nations employees, contractor personnel, and 15 peacekeeping troops serving in such mission from traf-16 ficking in persons, exploiting victims of trafficking, or 17 committing acts of sexual exploitation and abuse or other 18 violations of human rights, and to hold accountable indi-19 viduals who engage in such acts while participating in 20 such mission, including prosecution in their home coun-21 tries and making information about such prosecutions 22 publicly available on the website of the United Nations: 23 Provided further, That the Secretary of State shall work 24 with the United Nations and foreign governments contrib-25 16 •S 2438 RS uting peacekeeping troops to implement effective vetting 1 procedures to ensure that such troops have not violated 2 human rights: Provided further, That funds shall be avail-3 able for peacekeeping expenses unless the Secretary of 4 State determines that United States manufacturers and 5 suppliers are not being given opportunities to provide 6 equipment, services, and material for United Nations 7 peacekeeping activities equal to those being given to for-8 eign manufacturers and suppliers: Provided further, That 9 none of the funds appropriated or otherwise made avail-10 able under this heading may be used for any United Na-11 tions peacekeeping mission that will involve United States 12 Armed Forces under the command or operational control 13 of a foreign national, unless the President’s military advi-14 sors have submitted to the President a recommendation 15 that such involvement is in the national interest of the 16 United States and the President has submitted to Con-17 gress such a recommendation: Provided further, That any 18 payment of arrearages with funds appropriated by this Act 19 shall be subject to the regular notification procedures of 20 the Committees on Appropriations. 21 I NTERNATIONALCOMMISSIONS 22 For necessary expenses, not otherwise provided for, 23 to meet obligations of the United States arising under 24 treaties, or specific Acts of Congress, as follows: 25 17 •S 2438 RS INTERNATIONAL BOUNDARY AND WATER COMMISSION , 1 UNITED STATES AND MEXICO 2 For necessary expenses for the United States Section 3 of the International Boundary and Water Commission, 4 United States and Mexico, and to comply with laws appli-5 cable to the United States Section, including not to exceed 6 $6,000 for representation expenses, as follows: 7 SALARIES AND EXPENSES 8 For salaries and expenses, not otherwise provided for, 9 $64,800,000, of which $9,720,000 may remain available 10 until September 30, 2025. 11 CONSTRUCTION 12 For detailed plan preparation and construction of au-13 thorized projects, $53,030,000, to remain available until 14 expended, as authorized: Provided, That of the funds ap-15 propriated under this heading in this Act and prior Acts 16 making appropriations for the Department of State, for-17 eign operations, and related programs for the United 18 States Section, up to $5,000,000 may be transferred to, 19 and merged with, funds appropriated under the heading 20 ‘‘Salaries and Expenses’’ to carry out the purposes of the 21 United States Section, which shall be subject to prior con-22 sultation with, and the regular notification procedures of, 23 the Committees on Appropriations: Provided further, That 24 18 •S 2438 RS such transfer authority is in addition to any other transfer 1 authority provided in this Act. 2 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS 3 For necessary expenses, not otherwise provided, for 4 the International Joint Commission and the International 5 Boundary Commission, United States and Canada, as au-6 thorized by treaties between the United States and Can-7 ada or Great Britain, $13,505,000: Provided, That of the 8 amount provided under this heading for the International 9 Joint Commission, up to $1,250,000 may remain available 10 until September 30, 2025, and up to $9,000 may be made 11 available for representation expenses: Provided further, 12 That of the amount provided under this heading for the 13 International Boundary Commission, up to $1,000 may be 14 made available for representation expenses. 15 INTERNATIONAL FISHERIES COMMISSIONS 16 For necessary expenses for international fisheries 17 commissions, not otherwise provided for, as authorized by 18 law, $65,719,000: Provided, That the United States share 19 of such expenses may be advanced to the respective com-20 missions pursuant to section 3324 of title 31, United 21 States Code. 22 19 •S 2438 RS RELATED AGENCY 1 U NITEDSTATESAGENCY FORGLOBALMEDIA 2 INTERNATIONAL BROADCASTING OPERATIONS 3 For necessary expenses to enable the United States 4 Agency for Global Media (USAGM), as authorized, to 5 carry out international communication activities, and to 6 make and supervise grants for radio, Internet, and tele-7 vision broadcasting to the Middle East, $895,000,000, of 8 which $44,750,000 may remain available until September 9 30, 2025: Provided, That in addition to amounts otherwise 10 available for such purposes, up to $79,722,000 of the 11 amount appropriated under this heading may remain 12 available until expended for satellite transmissions, global 13 network distribution, and Internet freedom programs, of 14 which not less than $47,514,000 shall be for Internet free-15 dom programs: Provided further, That of the total amount 16 appropriated under this heading, not to exceed $35,000 17 may be used for representation expenses, of which 18 $10,000 may be used for such expenses within the United 19 States as authorized, and not to exceed $30,000 may be 20 used for representation expenses of Radio Free Europe/ 21 Radio Liberty: Provided further, That funds appropriated 22 under this heading shall be allocated in accordance with 23 the table included under this heading in the report accom-24 panying this Act: Provided further, That notwithstanding 25 20 •S 2438 RS the previous proviso, funds may be reprogrammed within 1 and between amounts designated in such table, subject to 2 the regular notification procedures of the Committees on 3 Appropriations, except that no such reprogramming may 4 reduce a designated amount by more than 5 percent: Pro-5 vided further, That funds appropriated under this heading 6 shall be made available in accordance with the principles 7 and standards set forth in section 303(a) and (b) of the 8 United States International Broadcasting Act of 1994 (22 9 U.S.C. 6202) and section 305(b) of such Act (22 U.S.C. 10 6204): Provided further, That the USAGM Chief Execu-11 tive Officer shall notify the Committees on Appropriations 12 within 15 days of any determination by the USAGM that 13 any of its broadcast entities, including its grantee organi-14 zations, is in violation of the principles and standards set 15 forth in section 303(a) and (b) of such Act or the entity’s 16 journalistic code of ethics: Provided further, That the 17 USAGM Chief Executive Officer shall notify the Commit-18 tees on Appropriations within 15 days of any determina-19 tion by the USAGM CEO that any of its broadcast enti-20 ties, including its grantee organizations, provides an open 21 platform for international terrorists: Provided further, 22 That in addition to funds made available under this head-23 ing, and notwithstanding any other provision of law, up 24 to $5,000,000 in receipts from advertising and revenue 25 21 •S 2438 RS from business ventures, up to $500,000 in receipts from 1 cooperating international organizations, and up to 2 $1,000,000 in receipts from privatization efforts of the 3 Voice of America and the International Broadcasting Bu-4 reau, shall remain available until expended for carrying 5 out authorized purposes: Provided further, That signifi-6 cant modifications to USAGM broadcast hours previously 7 justified to Congress, including changes to transmission 8 platforms (shortwave, medium wave, satellite, Internet, 9 and television), for all USAGM language services shall be 10 subject to the regular notification procedures of the Com-11 mittees on Appropriations: Provided further, That up to 12 $5,000,000 from the USAGM Buying Power Maintenance 13 account may be transferred to, and merged with, funds 14 appropriated by this Act under the heading ‘‘International 15 Broadcasting Operations’’, which shall remain available 16 until expended: Provided further, That such transfer au-17 thority is in addition to any transfer authority otherwise 18 available under any other provision of law and shall be 19 subject to prior consultation with, and the regular notifica-20 tion procedures of, the Committees on Appropriations. 21 BROADCASTING CAPITAL IMPROVEMENTS 22 For the purchase, rent, construction, repair, preser-23 vation, and improvement of facilities for radio, television, 24 and digital transmission and reception; the purchase, rent, 25 22 •S 2438 RS and installation of necessary equipment for radio, tele-1 vision, and digital transmission and reception, including 2 to Cuba, as authorized; and physical security worldwide, 3 in addition to amounts otherwise available for such pur-4 poses, $9,700,000, to remain available until expended, as 5 authorized. 6 RELATED PROGRAMS 7 T HEASIAFOUNDATION 8 For a grant to The Asia Foundation, as authorized 9 by The Asia Foundation Act (22 U.S.C. 4402), 10 $25,000,000, to remain available until expended. 11 U NITEDSTATESINSTITUTE OFPEACE 12 For necessary expenses of the United States Institute 13 of Peace, as authorized by the United States Institute of 14 Peace Act (22 U.S.C. 4601 et seq.), $60,000,000, to re-15 main available until September 30, 2025, which shall not 16 be used for construction activities. 17 C ENTER FORMIDDLEEASTERN-WESTERNDIALOGUE 18 T RUSTFUND 19 For necessary expenses of the Center for Middle 20 Eastern-Western Dialogue Trust Fund, as authorized by 21 section 633 of the Departments of Commerce, Justice, and 22 State, the Judiciary, and Related Agencies Appropriations 23 Act, 2004 (22 U.S.C. 2078), the total amount of the inter-24 23 •S 2438 RS est and earnings accruing to such Fund on or before Sep-1 tember 30, 2024, to remain available until expended. 2 E ISENHOWEREXCHANGEFELLOWSHIPPROGRAM 3 For necessary expenses of Eisenhower Exchange Fel-4 lowships, Incorporated, as authorized by sections 4 and 5 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 6 U.S.C. 5204–5205), all interest and earnings accruing to 7 the Eisenhower Exchange Fellowship Program Trust 8 Fund on or before September 30, 2024, to remain avail-9 able until expended: Provided, That none of the funds ap-10 propriated herein shall be used to pay any salary or other 11 compensation, or to enter into any contract providing for 12 the payment thereof, in excess of the rate authorized by 13 section 5376 of title 5, United States Code; or for pur-14 poses which are not in accordance with section 200 of title 15 2 of the Code of Federal Regulations, including the re-16 strictions on compensation for personal services. 17 I SRAELIARABSCHOLARSHIPPROGRAM 18 For necessary expenses of the Israeli Arab Scholar-19 ship Program, as authorized by section 214 of the Foreign 20 Relations Authorization Act, Fiscal Years 1992 and 1993 21 (22 U.S.C. 2452 note), all interest and earnings accruing 22 to the Israeli Arab Scholarship Fund on or before Sep-23 tember 30, 2024, to remain available until expended. 24 24 •S 2438 RS EAST-WESTCENTER 1 To enable the Secretary of State to provide for car-2 rying out the provisions of the Center for Cultural and 3 Technical Interchange Between East and West Act of 4 1960, by grant to the Center for Cultural and Technical 5 Interchange Between East and West in the State of Ha-6 waii, $25,000,000. 7 N ATIONALENDOWMENT FOR DEMOCRACY 8 For grants made by the Department of State to the 9 National Endowment for Democracy, as authorized by the 10 National Endowment for Democracy Act (22 U.S.C. 11 4412), $315,000,000, to remain available until expended, 12 of which $205,632,000 shall be allocated in the traditional 13 and customary manner, including for the core institutes, 14 and $109,368,000 shall be for democracy programs: Pro-15 vided, That the requirements of section 7062(a) of this 16 Act shall not apply to funds made available under this 17 heading. 18 OTHER COMMISSIONS 19 C OMMISSION FOR THE PRESERVATION OFAMERICA’S 20 H ERITAGEABROAD 21 SALARIES AND EXPENSES 22 For necessary expenses for the Commission for the 23 Preservation of America’s Heritage Abroad, $770,000, as 24 authorized by chapter 3123 of title 54, United States 25 25 •S 2438 RS Code: Provided, That the Commission may procure tem-1 porary, intermittent, and other services notwithstanding 2 paragraph (3) of section 312304(b) of such chapter: Pro-3 vided further, That such authority shall terminate on Octo-4 ber 1, 2024: Provided further, That the Commission shall 5 notify the Committees on Appropriations prior to exer-6 cising such authority. 7 U NITEDSTATESCOMMISSION ONINTERNATIONAL 8 R ELIGIOUSFREEDOM 9 SALARIES AND EXPENSES 10 For necessary expenses for the United States Com-11 mission on International Religious Freedom, as authorized 12 by title II of the International Religious Freedom Act of 13 1998 (22 U.S.C. 6431 et seq.), $3,500,000, to remain 14 available until September 30, 2025, including not more 15 than $4,000 for representation expenses. 16 C OMMISSION ONSECURITY ANDCOOPERATION IN 17 E UROPE 18 SALARIES AND EXPENSES 19 For necessary expenses of the Commission on Secu-20 rity and Cooperation in Europe, as authorized by Public 21 Law 94–304 (22 U.S.C. 3001 et seq.), $2,908,000, includ-22 ing not more than $6,000 for representation expenses, to 23 remain available until September 30, 2025. 24 26 •S 2438 RS CONGRESSIONAL-EXECUTIVECOMMISSION ON THE 1 P EOPLE’SREPUBLIC OFCHINA 2 SALARIES AND EXPENSES 3 For necessary expenses of the Congressional-Execu-4 tive Commission on the People’s Republic of China, as au-5 thorized by title III of the U.S.-China Relations Act of 6 2000 (22 U.S.C. 6911 et seq.), $2,300,000, including not 7 more than $3,000 for representation expenses, to remain 8 available until September 30, 2025. 9 U NITEDSTATES-CHINAECONOMIC ANDSECURITY 10 R EVIEWCOMMISSION 11 SALARIES AND EXPENSES 12 For necessary expenses of the United States-China 13 Economic and Security Review Commission, as authorized 14 by section 1238 of the Floyd D. Spence National Defense 15 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 16 $4,000,000, including not more than $4,000 for represen-17 tation expenses, to remain available until September 30, 18 2025: Provided, That the authorities, requirements, limi-19 tations, and conditions contained in the second through 20 fifth provisos under this heading in the Department of 21 State, Foreign Operations, and Related Programs Appro-22 priations Act, 2010 (division F of Public Law 111–117) 23 shall continue in effect during fiscal year 2023 and shall 24 apply to funds appropriated under this heading. 25 27 •S 2438 RS COMMISSION ONREFORM ANDMODERNIZATION OF THE 1 D EPARTMENT OFSTATE 2 SALARIES AND EXPENSES 3 For necessary expenses of the Commission on Reform 4 and Modernization of the Department of State, as author-5 ized by section 9803 of the James M. Inhofe National De-6 fense Authorization Act for Fiscal Year 2023 (Public Law 7 117–263), $2,000,000, to remain available until Sep-8 tember 30, 2025. 9 28 •S 2438 RS TITLE II 1 UNITED STATES AGENCY FOR INTERNATIONAL 2 DEVELOPMENT 3 F UNDSAPPROPRIATED TO THE PRESIDENT 4 OPERATING EXPENSES 5 For necessary expenses to carry out the provisions 6 of section 667 of the Foreign Assistance Act of 1961, 7 $1,796,762,000, of which up to $269,514,000 may remain 8 available until September 30, 2025: Provided, That none 9 of the funds appropriated under this heading and under 10 the heading ‘‘Capital Investment Fund’’ in this title may 11 be made available to finance the construction (including 12 architect and engineering services), purchase, or long-term 13 lease of offices for use by the United States Agency for 14 International Development, unless the USAID Adminis-15 trator has identified such proposed use of funds in a re-16 port submitted to the Committees on Appropriations at 17 least 15 days prior to the obligation of funds for such pur-18 poses: Provided further, That contracts or agreements en-19 tered into with funds appropriated under this heading may 20 entail commitments for the expenditure of such funds 21 through the following fiscal year: Provided further, That 22 the authority of sections 610 and 109 of the Foreign As-23 sistance Act of 1961 may be exercised by the Secretary 24 of State to transfer funds appropriated to carry out chap-25 29 •S 2438 RS ter 1 of part I of such Act to ‘‘Operating Expenses’’ in 1 accordance with the provisions of those sections: Provided 2 further, That of the funds appropriated or made available 3 under this heading, not to exceed $250,000 may be avail-4 able for representation and entertainment expenses, of 5 which not to exceed $5,000 may be available for entertain-6 ment expenses, and not to exceed $100,500 shall be for 7 official residence expenses, for USAID during the current 8 fiscal year: Provided further, That of the funds appro-9 priated under this heading, up to $20,000,000 may be 10 transferred to, and merged with, funds appropriated or 11 otherwise made available in title II of this Act under the 12 heading ‘‘Capital Investment Fund’’, subject to prior con-13 sultation with, and the regular notification procedures of, 14 the Committees on Appropriations. 15 CAPITAL INVESTMENT FUND 16 For necessary expenses for overseas construction and 17 related costs, and for the procurement and enhancement 18 of information technology and related capital investments, 19 pursuant to section 667 of the Foreign Assistance Act of 20 1961, $259,100,000, to remain available until expended: 21 Provided, That this amount is in addition to funds other-22 wise available for such purposes: Provided further, That 23 funds appropriated under this heading shall be available 24 30 •S 2438 RS subject to the regular notification procedures of the Com-1 mittees on Appropriations. 2 OFFICE OF INSPECTOR GENERAL 3 For necessary expenses to carry out the provisions 4 of section 667 of the Foreign Assistance Act of 1961, 5 $86,500,000, of which up to $12,975,000 may remain 6 available until September 30, 2025, for the Office of In-7 spector General of the United States Agency for Inter-8 national Development. 9 31 •S 2438 RS TITLE III 1 BILATERAL ECONOMIC ASSISTANCE 2 F UNDSAPPROPRIATED TO THE PRESIDENT 3 For necessary expenses to enable the President to 4 carry out the provisions of the Foreign Assistance Act of 5 1961, and for other purposes, as follows: 6 GLOBAL HEALTH PROGRAMS 7 For necessary expenses to carry out the provisions 8 of chapters 1 and 10 of part I of the Foreign Assistance 9 Act of 1961, for global health activities, in addition to 10 funds otherwise available for such purposes, 11 $4,222,950,000, to remain available until September 30, 12 2025, and which shall be apportioned directly to the 13 United States Agency for International Development: Pro-14 vided, That this amount shall be made available for train-15 ing, equipment, and technical assistance to build the ca-16 pacity of public health institutions and organizations in 17 developing countries, and for such activities as: (1) child 18 survival and maternal health programs; (2) immunization 19 and oral rehydration programs; (3) other health, nutrition, 20 water and sanitation programs which directly address the 21 needs of mothers and children, and related education pro-22 grams; (4) assistance for children displaced or orphaned 23 by causes other than AIDS; (5) programs for the preven-24 tion, treatment, control of, and research on HIV/AIDS, 25 32 •S 2438 RS tuberculosis, polio, malaria, and other infectious diseases 1 including neglected tropical diseases, and for assistance to 2 communities severely affected by HIV/AIDS, including 3 children infected or affected by AIDS; (6) disaster pre-4 paredness training for health crises; (7) programs to pre-5 vent, prepare for, and respond to unanticipated and 6 emerging global health threats, including zoonotic dis-7 eases; and (8) family planning/reproductive health: Pro-8 vided further, That funds appropriated under this para-9 graph may be made available for United States contribu-10 tions to The GAVI Alliance and to a multilateral vaccine 11 development partnership to support epidemic prepared-12 ness: Provided further, That none of the funds made avail-13 able in this Act nor any unobligated balances from prior 14 appropriations Acts may be made available to any organi-15 zation or program which, as determined by the President 16 of the United States, supports or participates in the man-17 agement of a program of coercive abortion or involuntary 18 sterilization: Provided further, That any determination 19 made under the previous proviso must be made not later 20 than 6 months after the date of enactment of this Act, 21 and must be accompanied by the evidence and criteria uti-22 lized to make the determination: Provided further, That 23 none of the funds made available under this Act may be 24 used to pay for the performance of abortion as a method 25 33 •S 2438 RS of family planning or to motivate or coerce any person 1 to practice abortions: Provided further, That nothing in 2 this paragraph shall be construed to alter any existing 3 statutory prohibitions against abortion under section 104 4 of the Foreign Assistance Act of 1961: Provided further, 5 That none of the funds made available under this Act may 6 be used to lobby for or against abortion: Provided further, 7 That in order to reduce reliance on abortion in developing 8 nations, funds shall be available only to voluntary family 9 planning projects which offer, either directly or through 10 referral to, or information about access to, a broad range 11 of family planning methods and services, and that any 12 such voluntary family planning project shall meet the fol-13 lowing requirements: (1) service providers or referral 14 agents in the project shall not implement or be subject 15 to quotas, or other numerical targets, of total number of 16 births, number of family planning acceptors, or acceptors 17 of a particular method of family planning (this provision 18 shall not be construed to include the use of quantitative 19 estimates or indicators for budgeting and planning pur-20 poses); (2) the project shall not include payment of incen-21 tives, bribes, gratuities, or financial reward to: (A) an indi-22 vidual in exchange for becoming a family planning accep-23 tor; or (B) program personnel for achieving a numerical 24 target or quota of total number of births, number of fam-25 34 •S 2438 RS ily planning acceptors, or acceptors of a particular method 1 of family planning; (3) the project shall not deny any right 2 or benefit, including the right of access to participate in 3 any program of general welfare or the right of access to 4 health care, as a consequence of any individual’s decision 5 not to accept family planning services; (4) the project shall 6 provide family planning acceptors comprehensible infor-7 mation on the health benefits and risks of the method cho-8 sen, including those conditions that might render the use 9 of the method inadvisable and those adverse side effects 10 known to be consequent to the use of the method; and 11 (5) the project shall ensure that experimental contracep-12 tive drugs and devices and medical procedures are pro-13 vided only in the context of a scientific study in which 14 participants are advised of potential risks and benefits; 15 and, not less than 60 days after the date on which the 16 USAID Administrator determines that there has been a 17 violation of the requirements contained in paragraph (1), 18 (2), (3), or (5) of this proviso, or a pattern or practice 19 of violations of the requirements contained in paragraph 20 (4) of this proviso, the Administrator shall submit to the 21 Committees on Appropriations a report containing a de-22 scription of such violation and the corrective action taken 23 by the Agency: Provided further, That in awarding grants 24 for natural family planning under section 104 of the For-25 35 •S 2438 RS eign Assistance Act of 1961 no applicant shall be discrimi-1 nated against because of such applicant’s religious or con-2 scientious commitment to offer only natural family plan-3 ning; and, additionally, all such applicants shall comply 4 with the requirements of the previous proviso: Provided 5 further, That for purposes of this or any other Act author-6 izing or appropriating funds for the Department of State, 7 foreign operations, and related programs, the term ‘‘moti-8 vate’’, as it relates to family planning assistance, shall not 9 be construed to prohibit the provision, consistent with 10 local law, of information or counseling about all pregnancy 11 options: Provided further, That information provided about 12 the use of condoms as part of projects or activities that 13 are funded from amounts appropriated by this Act shall 14 be medically accurate and shall include the public health 15 benefits and failure rates of such use. 16 In addition, for necessary expenses to carry out the 17 provisions of the Foreign Assistance Act of 1961 for the 18 prevention, treatment, and control of, and research on, 19 HIV/AIDS, $6,045,000,000, to remain available until 20 September 30, 2028, which shall be apportioned directly 21 to the Department of State: Provided, That funds appro-22 priated under this paragraph may be made available, not-23 withstanding any other provision of law, except for the 24 United States Leadership Against HIV/AIDS, Tuber-25 36 •S 2438 RS culosis, and Malaria Act of 2003 (Public Law 108–25), 1 for a United States contribution to the Global Fund to 2 Fight AIDS, Tuberculosis and Malaria (Global Fund): 3 Provided further, That the amount of such contribution 4 shall be $1,650,000,000: Provided further, That up to 5 5 percent of the aggregate amount of funds made available 6 to the Global Fund in fiscal year 2024 may be made avail-7 able to USAID for technical assistance related to the ac-8 tivities of the Global Fund, subject to the regular notifica-9 tion procedures of the Committees on Appropriations: Pro-10 vided further, That of the funds appropriated under this 11 paragraph, up to $22,000,000 may be made available, in 12 addition to amounts otherwise available for such purposes, 13 for administrative expenses of the Office of the United 14 States Global AIDS Coordinator. 15 DEVELOPMENT ASSISTANCE 16 For necessary expenses to carry out the provisions 17 of sections 103, 105, 106, 214, and sections 251 through 18 255, and chapter 10 of part I of the Foreign Assistance 19 Act of 1961, $3,978,608,000, to remain available until 20 September 30, 2025: Provided, That funds made available 21 under this heading shall be apportioned to the United 22 States Agency for International Development. 23 37 •S 2438 RS INTERNATIONAL DISASTER ASSISTANCE 1 For necessary expenses to carry out the provisions 2 of section 491 of the Foreign Assistance Act of 1961 for 3 international disaster relief, rehabilitation, and recon-4 struction assistance, $4,850,000,000, to remain available 5 until expended, of which $1,091,000,000 is designated by 6 the Congress as being for an emergency requirement pur-7 suant to section 251(b)(2)(A)(i) of the Balanced Budget 8 and Emergency Deficit Control Act of 1985: Provided, 9 That funds made available under this heading shall be ap-10 portioned to the United States Agency for International 11 Development not later than 60 days after the date of en-12 actment of this Act. 13 TRANSITION INITIATIVES 14 For necessary expenses for international disaster re-15 habilitation and reconstruction assistance administered by 16 the Office of Transition Initiatives, United States Agency 17 for International Development, pursuant to section 491 of 18 the Foreign Assistance Act of 1961, and to support transi-19 tion to democracy and long-term development of countries 20 in crisis, $91,000,000, to remain available until expended: 21 Provided, That such support may include assistance to de-22 velop, strengthen, or preserve democratic institutions and 23 processes, revitalize basic infrastructure, and foster the 24 peaceful resolution of conflict: Provided further, That the 25 38 •S 2438 RS USAID Administrator shall submit a report to the Com-1 mittees on Appropriations at least 5 days prior to begin-2 ning a new, or terminating a, program of assistance: Pro-3 vided further, That if the Secretary of State determines 4 that it is important to the national interest of the United 5 States to provide transition assistance in excess of the 6 amount appropriated under this heading, up to 7 $15,000,000 of the funds appropriated by this Act to 8 carry out the provisions of part I of the Foreign Assist-9 ance Act of 1961 may be used for purposes of this heading 10 and under the authorities applicable to funds appropriated 11 under this heading: Provided further, That funds made 12 available pursuant to the previous proviso shall be made 13 available subject to prior consultation with the Committees 14 on Appropriations. 15 COMPLEX CRISES FUND 16 For necessary expenses to carry out the provisions 17 of section 509(b) of the Global Fragility Act of 2019 (title 18 V of division J of Public Law 116–94), $60,000,000, to 19 remain available until expended: Provided, That funds ap-20 propriated under this heading may be made available not-21 withstanding any other provision of law, except sections 22 7007, 7008, and 7018 of this Act and section 620M of 23 the Foreign Assistance Act of 1961: Provided further, 24 That funds appropriated under this heading shall be ap-25 39 •S 2438 RS portioned to the United States Agency for International 1 Development. 2 ECONOMIC SUPPORT FUND 3 For necessary expenses to carry out the provisions 4 of chapter 4 of part II of the Foreign Assistance Act of 5 1961, $4,026,612,000, to remain available until Sep-6 tember 30, 2025, of which $435,000,000 is designated by 7 the Congress as being for an emergency requirement pur-8 suant to section 251(b)(2)(A)(i) of the Balanced Budget 9 and Emergency Deficit Control Act of 1985. 10 DEMOCRACY FUND 11 For necessary expenses to carry out the provisions 12 of the Foreign Assistance Act of 1961 for the promotion 13 of democracy globally, including to carry out the purposes 14 of section 502(b)(3) and (5) of Public Law 98–164 (22 15 U.S.C. 4411), $222,450,000, to remain available until 16 September 30, 2025, which shall be made available for the 17 Human Rights and Democracy Fund of the Bureau of De-18 mocracy, Human Rights, and Labor, Department of 19 State: Provided, That funds appropriated under this head-20 ing that are made available to the National Endowment 21 for Democracy and its core institutes are in addition to 22 amounts otherwise made available by this Act for such 23 purposes: Provided further, That the Assistant Secretary 24 for Democracy, Human Rights, and Labor, Department 25 40 •S 2438 RS of State, shall consult with the Committees on Appropria-1 tions prior to the initial obligation of funds appropriated 2 under this paragraph. 3 For an additional amount for such purposes, 4 $133,250,000, to remain available until September 30, 5 2025, which shall be made available for the Bureau for 6 Development, Democracy, and Innovation, United States 7 Agency for International Development. 8 ASSISTANCE FOR EUROPE , EURASIA AND CENTRAL ASIA 9 For necessary expenses to carry out the provisions 10 of the Foreign Assistance Act of 1961, the FREEDOM 11 Support Act (Public Law 102–511), and the Support for 12 Eastern European Democracy (SEED) Act of 1989 (Pub-13 lic Law 101–179), $850,334,000, to remain available until 14 September 30, 2025, which shall be available, notwith-15 standing any other provision of law, except section 7047 16 of this Act, for assistance and related programs for coun-17 tries identified in section 3 of the FREEDOM Support 18 Act (22 U.S.C. 5801) and section 3(c) of the SEED Act 19 of 1989 (22 U.S.C. 5402), in addition to funds otherwise 20 available for such purposes, of which $350,000,000 is des-21 ignated by the Congress as being for an emergency re-22 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-23 anced Budget and Emergency Deficit Control Act of 1985: 24 Provided, That funds appropriated by this Act under the 25 41 •S 2438 RS headings ‘‘Global Health Programs’’, ‘‘Economic Support 1 Fund’’, and ‘‘International Narcotics Control and Law 2 Enforcement’’ that are made available for assistance for 3 such countries shall be administered in accordance with 4 the responsibilities of the coordinator designated pursuant 5 to section 102 of the FREEDOM Support Act and section 6 601 of the SEED Act of 1989: Provided further, That 7 funds appropriated under this heading shall be considered 8 to be economic assistance under the Foreign Assistance 9 Act of 1961 for purposes of making available the adminis-10 trative authorities contained in that Act for the use of eco-11 nomic assistance: Provided further, That funds appro-12 priated under this heading may be made available for con-13 tributions to multilateral initiatives to counter hybrid 14 threats: Provided further, That of the funds appropriated 15 under this heading, not less than $2,000,000 shall be 16 made available for a four year scholarship program for 17 Ukrainian students at senior military colleges as described 18 under this heading in the report accompanying this Act, 19 following consultation with the Committees on Appropria-20 tions. 21 D EPARTMENT OFSTATE 22 MIGRATION AND REFUGEE ASSISTANCE 23 For necessary expenses not otherwise provided for, 24 to enable the Secretary of State to carry out the provisions 25 42 •S 2438 RS of section 2(a) and (b) of the Migration and Refugee As-1 sistance Act of 1962 (22 U.S.C. 2601), and other activi-2 ties to meet refugee and migration needs; salaries and ex-3 penses of personnel and dependents as authorized by the 4 Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.); 5 allowances as authorized by sections 5921 through 5925 6 of title 5, United States Code; purchase and hire of pas-7 senger motor vehicles; and services as authorized by sec-8 tion 3109 of title 5, United States Code, $4,211,188,000, 9 to remain available until expended, of which 10 $1,374,000,000 is designated by the Congress as being for 11 an emergency requirement pursuant to section 12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985: Provided, That of the funds 14 appropriated under this heading, $5,000,000 shall be 15 made available for refugees resettling in Israel. 16 UNITED STATES EMERGENCY REFUGEE AND MIGRATION 17 ASSISTANCE FUND 18 For necessary expenses to carry out the provisions 19 of section 2(c) of the Migration and Refugee Assistance 20 Act of 1962 (22 U.S.C. 2601(c)), $100,000, to remain 21 available until expended: Provided, That amounts in excess 22 of the limitation contained in paragraph (2) of such sec-23 tion shall be transferred to, and merged with, funds made 24 43 •S 2438 RS available by this Act under the heading ‘‘Migration and 1 Refugee Assistance’’. 2 I NDEPENDENT AGENCIES 3 PEACE CORPS 4 (INCLUDING TRANSFER OF FUNDS) 5 For necessary expenses to carry out the provisions 6 of the Peace Corps Act (22 U.S.C. 2501 et seq.), including 7 the purchase of not to exceed five passenger motor vehicles 8 for administrative purposes for use outside of the United 9 States, $448,500,000, of which $7,300,000 is for the Of-10 fice of Inspector General, to remain available until Sep-11 tember 30, 2025: Provided, That the Director of the Peace 12 Corps may transfer to the Foreign Currency Fluctuations 13 Account, as authorized by section 16 of the Peace Corps 14 Act (22 U.S.C. 2515), an amount not to exceed 15 $5,000,000: Provided further, That funds transferred pur-16 suant to the previous proviso may not be derived from 17 amounts made available for Peace Corps overseas oper-18 ations: Provided further, That of the funds appropriated 19 under this heading, not to exceed $104,000 may be avail-20 able for representation expenses, of which not to exceed 21 $4,000 may be made available for entertainment expenses: 22 Provided further, That in addition to the requirements 23 under section 7015(a) of this Act, the Peace Corps shall 24 consult with the Committees on Appropriations prior to 25 44 •S 2438 RS any decision to open, close, or suspend a domestic or over-1 seas office or a country program unless there is a substan-2 tial risk to volunteers or other Peace Corps personnel: Pro-3 vided further, That none of the funds appropriated under 4 this heading shall be used to pay for abortions: Provided 5 further, That notwithstanding the previous proviso, section 6 614 of division E of Public Law 113–76 shall apply to 7 funds appropriated under this heading. 8 MILLENNIUM CHALLENGE CORPORATION 9 For necessary expenses to carry out the provisions 10 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 11 et seq.) (MCA), $930,000,000, to remain available until 12 expended: Provided, That section 605(e) of the MCA (22 13 U.S.C. 7704(e)) shall apply to funds appropriated under 14 this heading: Provided further, That funds appropriated 15 under this heading may be made available for a Millen-16 nium Challenge Compact entered into pursuant to section 17 609 of the MCA (22 U.S.C. 7708) only if such Compact 18 obligates, or contains a commitment to obligate subject to 19 the availability of funds and the mutual agreement of the 20 parties to the Compact to proceed, the entire amount of 21 the United States Government funding anticipated for the 22 duration of the Compact: Provided further, That of the 23 funds appropriated under this heading, not to exceed 24 $100,000 may be available for representation and enter-25 45 •S 2438 RS tainment expenses, of which not to exceed $5,000 may be 1 available for entertainment expenses. 2 INTER-AMERICAN FOUNDATION 3 For necessary expenses to carry out the functions of 4 the Inter-American Foundation in accordance with the 5 provisions of section 401 of the Foreign Assistance Act 6 of 1969, $52,000,000, to remain available until September 7 30, 2025: Provided, That of the funds appropriated under 8 this heading, not to exceed $2,000 may be available for 9 representation expenses. 10 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION 11 For necessary expenses to carry out the African De-12 velopment Foundation Act (title V of Public Law 96–533; 13 22 U.S.C. 290h et seq.), $46,000,000, to remain available 14 until September 30, 2025, of which not to exceed $2,000 15 may be available for representation expenses: Provided, 16 That funds made available to grantees may be invested 17 pending expenditure for project purposes when authorized 18 by the Board of Directors of the United States African 19 Development Foundation (USADF): Provided further, 20 That interest earned shall be used only for the purposes 21 for which the grant was made: Provided further, That not-22 withstanding section 505(a)(2) of the African Develop-23 ment Foundation Act (22 U.S.C. 290h–3(a)(2)), in excep-24 tional circumstances the Board of Directors of the 25 46 •S 2438 RS USADF may waive the $250,000 limitation contained in 1 that section with respect to a project and a project may 2 exceed the limitation by up to 10 percent if the increase 3 is due solely to foreign currency fluctuation: Provided fur-4 ther, That the USADF shall submit a report to the appro-5 priate congressional committees after each time such waiv-6 er authority is exercised: Provided further, That the 7 USADF may make rent or lease payments in advance 8 from appropriations available for such purpose for offices, 9 buildings, grounds, and quarters in Africa as may be nec-10 essary to carry out its functions: Provided further, That 11 the USADF may maintain bank accounts outside the 12 United States Treasury and retain any interest earned on 13 such accounts, in furtherance of the purposes of the Afri-14 can Development Foundation Act: Provided further, That 15 the USADF may not withdraw any appropriation from the 16 Treasury prior to the need of spending such funds for pro-17 gram purposes. 18 D EPARTMENT OF THE TREASURY 19 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE 20 For necessary expenses to carry out the provisions 21 of section 129 of the Foreign Assistance Act of 1961, 22 $38,000,000, to remain available until expended: Pro-23 vided, That amounts made available under this heading 24 may be made available to contract for services as described 25 47 •S 2438 RS in section 129(d)(3)(A) of the Foreign Assistance Act of 1 1961, without regard to the location in which such services 2 are performed. 3 DEBT RESTRUCTURING 4 For ‘‘Bilateral Economic Assistance—Department of 5 the Treasury—Debt Restructuring’’ there is appropriated 6 $52,000,000, to remain available until September 30, 7 2027, for the costs, as defined in section 502 of the Con-8 gressional Budget Act of 1974, of modifying loans and 9 loan guarantees for, or credits extended to, such countries 10 as the President may determine, including the costs of 11 selling, reducing, or canceling amounts owed to the United 12 States pursuant to multilateral debt restructurings, in-13 cluding Paris Club debt restructurings and the ‘‘Common 14 Framework for Debt Treatments beyond the Debt Service 15 Suspension Initiative’’: Provided, That such amounts may 16 be used notwithstanding any other provision of law. 17 TROPICAL FOREST AND CORAL REEF CONSERVATION 18 For the costs, as defined in section 502 of the Con-19 gressional Budget Act of 1974, of modifying loans and 20 loan guarantees, as the President may determine, for 21 which funds have been appropriated or otherwise made 22 available for programs within the International Affairs 23 Budget Function 150, including the costs of selling, reduc-24 ing, or canceling amounts owed to the United States as 25 48 •S 2438 RS a result of concessional loans made to eligible countries 1 pursuant to part V of the Foreign Assistance Act of 1961, 2 $15,000,000, to remain available until September 30, 3 2027. 4 49 •S 2438 RS TITLE IV 1 INTERNATIONAL SECURITY ASSISTANCE 2 D EPARTMENT OFSTATE 3 INTERNATIONAL NARCOTICS CONTROL AND LAW 4 ENFORCEMENT 5 For necessary expenses to carry out section 481 of 6 the Foreign Assistance Act of 1961, $1,466,000,000, to 7 remain available until September 30, 2025: Provided, 8 That the Department of State may use the authority of 9 section 608 of the Foreign Assistance Act of 1961, with-10 out regard to its restrictions, to receive excess property 11 from an agency of the United States Government for the 12 purpose of providing such property to a foreign country 13 or international organization under chapter 8 of part I of 14 such Act, subject to the regular notification procedures of 15 the Committees on Appropriations: Provided further, That 16 section 482(b) of the Foreign Assistance Act of 1961 shall 17 not apply to funds appropriated under this heading, except 18 that any funds made available notwithstanding such sec-19 tion shall be subject to the regular notification procedures 20 of the Committees on Appropriations: Provided further, 21 That funds appropriated under this heading shall be made 22 available to support training and technical assistance for 23 foreign law enforcement, corrections, judges, and other ju-24 dicial authorities, utilizing regional partners: Provided fur-25 50 •S 2438 RS ther, That funds made available under this heading that 1 are transferred to another department, agency, or instru-2 mentality of the United States Government pursuant to 3 section 632(b) of the Foreign Assistance Act of 1961 val-4 ued in excess of $5,000,000, and any agreement made 5 pursuant to section 632(a) of such Act, shall be subject 6 to the regular notification procedures of the Committees 7 on Appropriations: Provided further, That funds made 8 available under this heading for Program Development 9 and Support may be made available notwithstanding pre- 10 obligation requirements contained in this Act, except for 11 the notification requirements of section 7015. 12 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND 13 RELATED PROGRAMS 14 For necessary expenses for nonproliferation, anti-ter-15 rorism, demining and related programs and activities, 16 $921,000,000, to remain available until September 30, 17 2025, to carry out the provisions of chapter 8 of part II 18 of the Foreign Assistance Act of 1961 for anti-terrorism 19 assistance, chapter 9 of part II of the Foreign Assistance 20 Act of 1961, section 504 of the FREEDOM Support Act 21 (22 U.S.C. 5854), section 23 of the Arms Export Control 22 Act (22 U.S.C. 2763), or the Foreign Assistance Act of 23 1961 for demining activities, the clearance of unexploded 24 ordnance, the destruction of small arms, and related ac-25 51 •S 2438 RS tivities, notwithstanding any other provision of law, includ-1 ing activities implemented through nongovernmental and 2 international organizations, and section 301 of the For-3 eign Assistance Act of 1961 for a United States contribu-4 tion to the Comprehensive Nuclear Test Ban Treaty Pre-5 paratory Commission, and for a voluntary contribution to 6 the International Atomic Energy Agency (IAEA): Pro-7 vided, That funds made available under this heading for 8 the Nonproliferation and Disarmament Fund shall be 9 made available, notwithstanding any other provision of law 10 and subject to prior consultation with, and the regular no-11 tification procedures of, the Committees on Appropria-12 tions, to promote bilateral and multilateral activities relat-13 ing to nonproliferation, disarmament, and weapons de-14 struction, and shall remain available until expended: Pro-15 vided further, That such funds may also be used for such 16 countries other than the Independent States of the former 17 Soviet Union and international organizations when it is 18 in the national security interest of the United States to 19 do so: Provided further, That funds appropriated under 20 this heading may be made available for the IAEA unless 21 the Secretary of State determines that Israel is being de-22 nied its right to participate in the activities of that Agen-23 cy: Provided further, That funds made available for con-24 ventional weapons destruction programs, including 25 52 •S 2438 RS demining and related activities, in addition to funds other-1 wise available for such purposes, may be used for adminis-2 trative expenses related to the operation and management 3 of such programs and activities, subject to the regular no-4 tification procedures of the Committees on Appropria-5 tions. 6 PEACEKEEPING OPERATIONS 7 For necessary expenses to carry out the provisions 8 of section 551 of the Foreign Assistance Act of 1961, 9 $415,458,000, of which $207,729,000 may remain avail-10 able until September 30, 2025: Provided, That funds ap-11 propriated under this heading may be used, notwith-12 standing section 660 of the Foreign Assistance Act of 13 1961, to provide assistance to enhance the capacity of for-14 eign civilian security forces, including gendarmes, to par-15 ticipate in peacekeeping operations: Provided further, That 16 of the funds appropriated under this heading, not less 17 than $34,000,000 shall be made available for a United 18 States contribution to the Multinational Force and Ob-19 servers mission in the Sinai: Provided further, That funds 20 appropriated under this heading may be made available 21 to pay assessed expenses of international peacekeeping ac-22 tivities in Somalia under the same terms and conditions, 23 as applicable, as funds appropriated by this Act under the 24 heading ‘‘Contributions for International Peacekeeping 25 53 •S 2438 RS Activities’’: Provided further, That funds appropriated 1 under this heading shall be subject to the regular notifica-2 tion procedures of the Committees on Appropriations. 3 F UNDSAPPROPRIATED TO THE PRESIDENT 4 INTERNATIONAL MILITARY EDUCATION AND TRAINING 5 For necessary expenses to carry out the provisions 6 of section 541 of the Foreign Assistance Act of 1961, 7 $125,425,000, to remain available until September 30, 8 2025: Provided, That the civilian personnel for whom mili-9 tary education and training may be provided under this 10 heading may include civilians who are not members of a 11 government whose participation would contribute to im-12 proved civil-military relations, civilian control of the mili-13 tary, or respect for human rights: Provided further, That 14 of the funds appropriated under this heading, $3,000,000 15 shall remain available until expended to increase the par-16 ticipation of women in programs and activities funded 17 under this heading, following consultation with the Com-18 mittees on Appropriations: Provided further, That of the 19 funds appropriated under this heading, not to exceed 20 $50,000 may be available for entertainment expenses. 21 FOREIGN MILITARY FINANCING PROGRAM 22 For necessary expenses for grants to enable the 23 President to carry out the provisions of section 23 of the 24 Arms Export Control Act (22 U.S.C. 2763), 25 54 •S 2438 RS $5,893,049,000: Provided, That to expedite the provision 1 of assistance to foreign countries and international organi-2 zations, the Secretary of State, following consultation with 3 the Committees on Appropriations and subject to the reg-4 ular notification procedures of such Committees, may use 5 the funds appropriated under this heading to procure de-6 fense articles and services to enhance the capacity of for-7 eign security forces: Provided further, That funds appro-8 priated or otherwise made available under this heading 9 shall be nonrepayable notwithstanding any requirement in 10 section 23 of the Arms Export Control Act: Provided fur-11 ther, That funds made available under this heading shall 12 be obligated upon apportionment in accordance with para-13 graph (5)(C) of section 1501(a) of title 31, United States 14 Code. 15 None of the funds made available under this heading 16 shall be available to finance the procurement of defense 17 articles, defense services, or design and construction serv-18 ices that are not sold by the United States Government 19 under the Arms Export Control Act unless the foreign 20 country proposing to make such procurement has first 21 signed an agreement with the United States Government 22 specifying the conditions under which such procurement 23 may be financed with such funds: Provided, That all coun-24 try and funding level increases in allocations shall be sub-25 55 •S 2438 RS mitted through the regular notification procedures of sec-1 tion 7015 of this Act: Provided further, That funds made 2 available under this heading may be used, notwithstanding 3 any other provision of law, for demining, the clearance of 4 unexploded ordnance, and related activities, and may in-5 clude activities implemented through nongovernmental 6 and international organizations: Provided further, That a 7 country that is a member of the North Atlantic Treaty 8 Organization (NATO) or is a major non-NATO ally des-9 ignated by section 517(b) of the Foreign Assistance Act 10 of 1961 may utilize funds made available under this head-11 ing for procurement of defense articles, defense services, 12 or design and construction services that are not sold by 13 the United States Government under the Arms Export 14 Control Act: Provided further, That funds appropriated 15 under this heading shall be expended at the minimum rate 16 necessary to make timely payment for defense articles and 17 services: Provided further, That not more than 18 $77,000,000 of the funds appropriated under this heading 19 may be obligated for necessary expenses, including the 20 purchase of passenger motor vehicles for replacement only 21 for use outside of the United States, for the general costs 22 of administering military assistance and sales, except that 23 this limitation may be exceeded only through the regular 24 notification procedures of the Committees on Appropria-25 56 •S 2438 RS tions: Provided further, That of the funds made available 1 under this heading for general costs of administering mili-2 tary assistance and sales, up to $5,000,000, in addition 3 to funds otherwise available for such purposes, may be 4 used by the Department of State for expenses related to 5 the management and oversight of such programs and ac-6 tivities, subject to the regular notification procedures of 7 the Committees on Appropriations: Provided further, That 8 of the funds made available under this heading for general 9 costs of administering military assistance and sales, not 10 to exceed $4,000 may be available for entertainment ex-11 penses and not to exceed $130,000 may be available for 12 representation expenses: Provided further, That not more 13 than $1,541,392,546 of funds realized pursuant to section 14 21(e)(1)(A) of the Arms Export Control Act (22 U.S.C. 15 2761(e)(1)(A)) may be obligated for expenses incurred by 16 the Department of Defense during fiscal year 2024 pursu-17 ant to section 43(b) of the Arms Export Control Act (22 18 U.S.C. 2792(b)), except that this limitation may be ex-19 ceeded only through the regular notification procedures of 20 the Committees on Appropriations. 21 57 •S 2438 RS TITLE V 1 MULTILATERAL ASSISTANCE 2 F UNDSAPPROPRIATED TO THE PRESIDENT 3 INTERNATIONAL ORGANIZATIONS AND PROGRAMS 4 For necessary expenses to carry out the provisions 5 of section 301 of the Foreign Assistance Act of 1961, 6 $468,450,000: Provided, That section 307(a) of the For-7 eign Assistance Act of 1961 shall not apply to contribu-8 tions to the United Nations Democracy Fund: Provided 9 further, That not later than 60 days after the date of en-10 actment of this Act, such funds shall be made available 11 for core contributions for each entity listed in the table 12 under this heading in the report accompanying this Act 13 unless otherwise provided for in this Act, or if the Sec-14 retary of State has justified to the Committees on Appro-15 priations the proposed uses of funds other than for core 16 contributions following prior consultation with, and sub-17 ject to the regular notification procedures of, such Com-18 mittees. 19 I NTERNATIONALFINANCIALINSTITUTIONS 20 GLOBAL ENVIRONMENT FACILITY 21 For payment to the International Bank for Recon-22 struction and Development as trustee for the Global Envi-23 ronment Facility by the Secretary of the Treasury, 24 $150,200,000, to remain available until expended. 25 58 •S 2438 RS CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND 1 For contribution to the Clean Technology Fund, 2 $150,000,000, to remain available until expended: Pro-3 vided, That up to $150,000,000 of such amount shall be 4 available to cover costs, as defined in section 502 of the 5 Congressional Budget Act of 1974, of direct loans issued 6 to the Clean Technology Fund: Provided further, That 7 such funds are available to subsidize gross obligations for 8 the principal amount of direct loans without limitation. 9 CONTRIBUTION TO THE INTERNATIONAL BANK FOR 10 RECONSTRUCTION AND DEVELOPMENT 11 For payment to the International Bank for Recon-12 struction and Development by the Secretary of the Treas-13 ury for the United States share of the paid-in portion of 14 the increases in capital stock, $206,500,000, to remain 15 available until expended. 16 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 17 The United States Governor of the International 18 Bank for Reconstruction and Development may subscribe 19 without fiscal year limitation to the callable capital portion 20 of the United States share of increases in capital stock 21 in an amount not to exceed $1,421,275,728.70. 22 59 •S 2438 RS CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT 1 ASSOCIATION 2 For payment to the International Development Asso-3 ciation by the Secretary of the Treasury, $1,430,256,000, 4 to remain available until expended. 5 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND 6 For payment to the Asian Development Bank’s Asian 7 Development Fund by the Secretary of the Treasury, 8 $87,220,000, to remain available until expended. 9 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK 10 For payment to the African Development Bank by 11 the Secretary of the Treasury for the United States share 12 of the paid-in portion of the increases in capital stock, 13 $54,648,752, to remain available until expended. 14 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 15 The United States Governor of the African Develop-16 ment Bank may subscribe without fiscal year limitation 17 to the callable capital portion of the United States share 18 of increases in capital stock in an amount not to exceed 19 $856,174,624. 20 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND 21 For payment to the African Development Fund by 22 the Secretary of the Treasury, $197,000,000, to remain 23 available until expended. 24 60 •S 2438 RS CONTRIBUTION TO THE INTERNATIONAL FUND FOR 1 AGRICULTURAL DEVELOPMENT 2 For payment to the International Fund for Agricul-3 tural Development by the Secretary of the Treasury, 4 $43,000,000, to remain available until expended. 5 GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM 6 For payment to the Global Agriculture and Food Se-7 curity Program by the Secretary of the Treasury, 8 $20,000,000, to remain available until expended. 9 TREASURY INTERNATIONAL ASSISTANCE PROGRAMS 10 For contributions by the Secretary of the Treasury 11 to international financial institutions and trust funds ad-12 ministered by such institutions, in addition to amounts 13 otherwise available for such purposes, $200,000,000, to 14 remain available until expended: Provided, That of the 15 amount made available under this heading, up to 16 $110,800,000 may be available for the costs, as defined 17 in section 502 of the Congressional Budget Act of 1974, 18 of loan guarantees to the International Bank for Recon-19 struction and Development and the Asian Development 20 Bank: Provided further, That funds made available in this 21 Act or prior Acts making appropriations for the Depart-22 ment of State, foreign operations, and related programs 23 under the heading ‘‘Contributions to International Mone-24 tary Fund Facilities and Trust Funds’’ shall be available 25 61 •S 2438 RS to cover the cost, as defined in section 502 of the Congres-1 sional Budget Act of 1974, of loans to the Poverty Reduc-2 tion and Growth Trust of the International Monetary 3 Fund, which shall be available to subsidize gross obliga-4 tions for the principal amount of direct loans not to exceed 5 $21,000,000,000 in the aggregate: Provided further, That 6 funds made available under this heading may be trans-7 ferred to, and merged with, funds provided under the 8 headings ‘‘Department of the Treasury, International Af-9 fairs Technical Assistance’’ and ‘‘Department of the 10 Treasury, Debt Restructuring’’ in title III of this Act: Pro-11 vided further, That such transfer authority is in addition 12 to any transfer authority otherwise available in this Act 13 and under any other provision of law: Provided further, 14 That funds may be made available for the United States’ 15 share of an increase in the capital stock of the Inter-Amer-16 ican Investment Corporation, if authorized, subject to the 17 certification requirement described under this heading in 18 the report accompanying this Act: Provided further, That 19 funds made available under this heading, including funds 20 transferred pursuant to the third proviso, shall be subject 21 to prior consultation with, and the regular notification 22 procedures of, the Committees on Appropriations. 23 62 •S 2438 RS TITLE VI 1 EXPORT AND INVESTMENT ASSISTANCE 2 E XPORT-IMPORTBANK OF THEUNITEDSTATES 3 INSPECTOR GENERAL 4 For necessary expenses of the Office of Inspector 5 General in carrying out the provisions of the Inspector 6 General Act of 1978 (5 U.S.C. App.), $8,860,000, of 7 which up to $1,329,000 may remain available until Sep-8 tember 30, 2025. 9 PROGRAM ACCOUNT 10 The Export-Import Bank of the United States is au-11 thorized to make such expenditures within the limits of 12 funds and borrowing authority available to such corpora-13 tion, and in accordance with law, and to make such con-14 tracts and commitments without regard to fiscal year limi-15 tations, as provided by section 9104 of title 31, United 16 States Code, as may be necessary in carrying out the pro-17 gram for the current fiscal year for such corporation: Pro-18 vided, That none of the funds available during the current 19 fiscal year may be used to make expenditures, contracts, 20 or commitments for the export of nuclear equipment, fuel, 21 or technology to any country, other than a nuclear-weapon 22 state as defined in Article IX of the Treaty on the Non- 23 Proliferation of Nuclear Weapons eligible to receive eco-24 nomic or military assistance under this Act, that has deto-25 63 •S 2438 RS nated a nuclear explosive after the date of enactment of 1 this Act. 2 ADMINISTRATIVE EXPENSES 3 For administrative expenses to carry out the direct 4 and guaranteed loan and insurance programs, including 5 hire of passenger motor vehicles and services as authorized 6 by section 3109 of title 5, United States Code, and not 7 to exceed $30,000 for official reception and representation 8 expenses for members of the Board of Directors, not to 9 exceed $129,000,000, of which up to $19,350,000 may re-10 main available until September 30, 2025: Provided, That 11 the Export-Import Bank (the Bank) may accept, and use, 12 payment or services provided by transaction participants 13 for legal, financial, or technical services in connection with 14 any transaction for which an application for a loan, guar-15 antee or insurance commitment has been made: Provided 16 further, That notwithstanding subsection (b) of section 17 117 of the Export Enhancement Act of 1992, subsection 18 (a) of such section shall remain in effect until September 19 30, 2024: Provided further, That the Bank shall charge 20 fees for necessary expenses (including special services per-21 formed on a contract or fee basis, but not including other 22 personal services) in connection with the collection of mon-23 eys owed the Bank, repossession or sale of pledged collat-24 eral or other assets acquired by the Bank in satisfaction 25 64 •S 2438 RS of moneys owed the Bank, or the investigation or appraisal 1 of any property, or the evaluation of the legal, financial, 2 or technical aspects of any transaction for which an appli-3 cation for a loan, guarantee or insurance commitment has 4 been made, or systems infrastructure directly supporting 5 transactions: Provided further, That in addition to other 6 funds appropriated for administrative expenses, such fees 7 shall be credited to this account for such purposes, to re-8 main available until expended. 9 PROGRAM BUDGET APPROPRIATIONS 10 For the cost of direct loans, loan guarantees, insur-11 ance, and tied-aid grants as authorized by section 10 of 12 the Export-Import Bank Act of 1945, as amended, not 13 to exceed $25,000,000, to remain available until Sep-14 tember 30, 2027: Provided, That such costs, including the 15 cost of modifying such loans, shall be as defined in section 16 502 of the Congressional Budget Act of 1974: Provided 17 further, That such funds shall remain available until Sep-18 tember 30, 2039, for the disbursement of direct loans, 19 loan guarantees, insurance and tied-aid grants obligated 20 in fiscal years 2024 through 2027. 21 RECEIPTS COLLECTED 22 Receipts collected pursuant to the Export-Import 23 Bank Act of 1945 (Public Law 79–173) and the Federal 24 Credit Reform Act of 1990, in an amount not to exceed 25 65 •S 2438 RS the amount appropriated herein, shall be credited as off-1 setting collections to this account: Provided, That the 2 sums herein appropriated from the General Fund shall be 3 reduced on a dollar-for-dollar basis by such offsetting col-4 lections so as to result in a final fiscal year appropriation 5 from the General Fund estimated at $0. 6 U NITEDSTATESINTERNATIONALDEVELOPMENT 7 F INANCECORPORATION 8 INSPECTOR GENERAL 9 For necessary expenses of the Office of Inspector 10 General in carrying out the provisions of the Inspector 11 General Act of 1978 (5 U.S.C. App.), $7,200,000, to re-12 main available until September 30, 2025. 13 CORPORATE CAPITAL ACCOUNT 14 The United States International Development Fi-15 nance Corporation (the Corporation) is authorized to 16 make such expenditures and commitments within the lim-17 its of funds and borrowing authority available to the Cor-18 poration, and in accordance with the law, and to make 19 such expenditures and commitments without regard to fis-20 cal year limitations, as provided by section 9104 of title 21 31, United States Code, as may be necessary in carrying 22 out the programs for the current fiscal year for the Cor-23 poration: Provided, That for necessary expenses of the ac-24 tivities described in subsections (b), (c), (e), (f), and (g) 25 66 •S 2438 RS of section 1421 of the BUILD Act of 2018 (division F 1 of Public Law 115–254) and for administrative expenses 2 to carry out authorized activities described in section 3 1434(d) of such Act, $1,023,000,000: Provided further, 4 That of the amount provided— 5 (1) $243,000,000 shall remain available until 6 September 30, 2026, for administrative expenses to 7 carry out authorized activities (including an amount 8 for official reception and representation expenses 9 which shall not exceed $25,000); and 10 (2) $780,000,000 shall remain available until 11 September 30, 2026, for the activities described in 12 subsections (b), (c), (e), (f), and (g) of section 1421 13 of the BUILD Act of 2018, except such amounts ob-14 ligated in a fiscal year for activities described in sec-15 tion 1421(c) of such Act shall remain available for 16 disbursement for the term of the underlying project: 17 Provided further, That amounts made available 18 under this paragraph may be paid to the ‘‘United 19 States International Development Finance Corpora-20 tion—Program Account’’ for programs authorized 21 by subsections (b), (e), (f), and (g) of section 1421 22 of the BUILD Act of 2018: 23 Provided further, That funds may only be obligated pursu-24 ant to section 1421(g) of the BUILD Act of 2018 subject 25 67 •S 2438 RS to prior consultation with the appropriate congressional 1 committees and the regular notification procedures of the 2 Committees on Appropriations: Provided further, That 3 funds appropriated by this Act and prior Acts making ap-4 propriations for the Department of State, foreign oper-5 ations, and related programs for support by the Corpora-6 tion in upper-middle income countries shall be subject to 7 prior consultation with the Committees on Appropriations: 8 Provided further, That in fiscal year 2024 collections of 9 amounts described in section 1434(h) of the BUILD Act 10 of 2018 shall be credited as offsetting collections to this 11 appropriation: Provided further, That such collections col-12 lected in fiscal year 2024 in excess of $1,023,000,000 13 shall be credited to this account and shall be available in 14 future fiscal years only to the extent provided in advance 15 in appropriations Acts: Provided further, That in fiscal 16 year 2024, if such collections are less than 17 $1,023,000,000, receipts collected pursuant to the 18 BUILD Act of 2018 and the Federal Credit Reform Act 19 of 1990, in an amount equal to such shortfall, shall be 20 credited as offsetting collections to this appropriation: 21 Provided further, That fees charged for project-specific 22 transaction costs as described in section 1434(k) of the 23 BUILD Act of 2018, and other direct costs associated 24 with origination or monitoring services provided to specific 25 68 •S 2438 RS or potential investors, shall not be considered administra-1 tive expenses for the purposes of this heading: Provided 2 further, That such fees shall be credited to this account 3 for such purposes, to remain available until expended: Pro-4 vided further, That funds appropriated or otherwise made 5 available under this heading may not be used to provide 6 any type of assistance that is otherwise prohibited by any 7 other provision of law or to provide assistance to any for-8 eign country that is otherwise prohibited by any other pro-9 vision of law: Provided further, That the sums herein ap-10 propriated from the General Fund shall be reduced on a 11 dollar-for-dollar basis by the offsetting collections de-12 scribed under this heading so as to result in a final fiscal 13 year appropriation from the General Fund estimated at 14 $611,200,000. 15 PROGRAM ACCOUNT 16 Amounts paid from ‘‘United States International De-17 velopment Finance Corporation—Corporate Capital Ac-18 count’’ (CCA) shall remain available until September 30, 19 2026: Provided, That amounts paid to this account from 20 CCA or transferred to this account pursuant to section 21 1434(j) of the BUILD Act of 2018 (division F of Public 22 Law 115–254) shall be available for the costs of direct 23 and guaranteed loans provided by the Corporation pursu-24 ant to section 1421(b) of such Act and the costs of modi-25 69 •S 2438 RS fying loans and loan guarantees transferred to the Cor-1 poration pursuant to section 1463 of such Act: Provided 2 further, That such costs, including the cost of modifying 3 such loans, shall be as defined in section 502 of the Con-4 gressional Budget Act of 1974: Provided further, That 5 such amounts obligated in a fiscal year shall remain avail-6 able for disbursement for the following 8 fiscal years: Pro-7 vided further, That funds made available in this Act and 8 transferred to carry out the Foreign Assistance Act of 9 1961 pursuant to section 1434(j) of the BUILD Act of 10 2018 may remain available for obligation for 1 additional 11 fiscal year: Provided further, That the total loan principal 12 or guaranteed principal amount shall not exceed 13 $8,000,000,000. 14 T RADE ANDDEVELOPMENTAGENCY 15 For necessary expenses to carry out the provisions 16 of section 661 of the Foreign Assistance Act of 1961, 17 $100,000,000, to remain available until September 30, 18 2025, of which no more than $24,500,000 may be used 19 for administrative expenses: Provided, That of the funds 20 appropriated under this heading, not more than $5,000 21 may be available for representation and entertainment ex-22 penses. 23 70 •S 2438 RS TITLE VII 1 GENERAL PROVISIONS 2 ALLOWANCES AND DIFFERENTIALS 3 S EC. 7001. Funds appropriated under title I of this 4 Act shall be available, except as otherwise provided, for 5 allowances and differentials as authorized by subchapter 6 59 of title 5, United States Code; for services as author-7 ized by section 3109 of such title and for hire of passenger 8 transportation pursuant to section 1343(b) of title 31, 9 United States Code. 10 UNOBLIGATED BALANCES REPORT 11 S EC. 7002. Any department or agency of the United 12 States Government to which funds are appropriated or 13 otherwise made available by this Act shall provide to the 14 Committees on Appropriations a quarterly accounting of 15 cumulative unobligated balances and obligated, but unex-16 pended, balances by program, project, and activity, and 17 Treasury Account Fund Symbol of all funds received by 18 such department or agency in fiscal year 2024 or any pre-19 vious fiscal year, disaggregated by fiscal year: Provided, 20 That the report required by this section shall be submitted 21 not later than 30 days after the end of each fiscal quarter 22 and should specify by account the amount of funds obli-23 gated pursuant to bilateral agreements which have not 24 been further sub-obligated. 25 71 •S 2438 RS CONSULTING SERVICES 1 S EC. 7003. The expenditure of any appropriation 2 under title I of this Act for any consulting service through 3 procurement contract, pursuant to section 3109 of title 4 5, United States Code, shall be limited to those contracts 5 where such expenditures are a matter of public record and 6 available for public inspection, except where otherwise pro-7 vided under existing law, or under existing Executive order 8 issued pursuant to existing law. 9 DIPLOMATIC FACILITIES 10 S EC. 7004. (a) CAPITALSECURITYCOSTSHARING 11 E XCEPTION.—Notwithstanding paragraph (2) of section 12 604(e) of the Secure Embassy Construction and Counter-13 terrorism Act of 1999 (title VI of division A of H.R. 3427, 14 as enacted into law by section 1000(a)(7) of Public Law 15 106–113 and contained in appendix G of that Act), as 16 amended by section 111 of the Department of State Au-17 thorities Act, Fiscal Year 2017 (Public Law 114–323), a 18 project to construct a facility of the United States may 19 include office space or other accommodations for members 20 of the United States Marine Corps. 21 (b) C ONSULTATION AND NOTIFICATIONS.—Funds 22 appropriated by this Act and prior Acts making appropria-23 tions for the Department of State, foreign operations, and 24 related programs, which may be made available for the 25 72 •S 2438 RS acquisition of property or award of construction contracts 1 for overseas United States diplomatic facilities during fis-2 cal year 2024, shall be subject to prior consultation with, 3 and the regular notification procedures of, the Committees 4 on Appropriations: Provided, That notifications pursuant 5 to this subsection shall include the information enumer-6 ated under this section in the report accompanying this 7 Act: Provided further, That the Secretary of State shall 8 submit a quarterly report to the Committees on Appro-9 priations on contingency savings identified from funds ap-10 propriated under the heading ‘‘Embassy Security, Con-11 struction, and Maintenance’’ by prior Acts making appro-12 priations for the Department of State, foreign operations, 13 and related programs, and the obligation of funds made 14 available by such savings shall be subject to prior consulta-15 tion with the Committees on Appropriations. 16 (c) I NTERIM AND TEMPORARY FACILITIES 17 A BROAD.— 18 (1) S ECURITY VULNERABILITIES .—Funds ap-19 propriated by this Act under the heading ‘‘Embassy 20 Security, Construction, and Maintenance’’ may be 21 made available, following consultation with the ap-22 propriate congressional committees, to address secu-23 rity vulnerabilities at interim and temporary United 24 73 •S 2438 RS States diplomatic facilities abroad, including physical 1 security upgrades and local guard staffing. 2 (2) C ONSULTATION.—Notwithstanding any 3 other provision of law, the opening, closure, or any 4 significant modification to an interim or temporary 5 United States diplomatic facility shall be subject to 6 prior consultation with the appropriate congressional 7 committees and the regular notification procedures 8 of the Committees on Appropriations, except that 9 such consultation and notification may be waived if 10 there is a security risk to personnel. 11 (d) S OFTTARGETS.—Funds appropriated by this Act 12 under the heading ‘‘Embassy Security, Construction, and 13 Maintenance’’ may be made available for security up-14 grades to soft targets, including schools, recreational fa-15 cilities, and residences used by United States diplomatic 16 personnel and their dependents. 17 PERSONNEL ACTIONS 18 S EC. 7005. Any costs incurred by a department or 19 agency funded under title I of this Act resulting from per-20 sonnel actions taken in response to funding reductions in-21 cluded in this Act shall be absorbed within the total budg-22 etary resources available under title I to such department 23 or agency: Provided, That the authority to transfer funds 24 between appropriations accounts as may be necessary to 25 74 •S 2438 RS carry out this section is provided in addition to authorities 1 included elsewhere in this Act: Provided further, That use 2 of funds to carry out this section shall be treated as a 3 reprogramming of funds under section 7015 of this Act. 4 PROHIBITION ON PUBLICITY OR PROPAGANDA 5 S EC. 7006. No part of any appropriation contained 6 in this Act shall be used for publicity or propaganda pur-7 poses within the United States not authorized before en-8 actment of this Act by Congress: Provided, That up to 9 $25,000 may be made available to carry out the provisions 10 of section 316 of the International Security and Develop-11 ment Cooperation Act of 1980 (Public Law 96–533; 22 12 U.S.C. 2151a note). 13 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN 14 COUNTRIES 15 S EC. 7007. None of the funds appropriated or other-16 wise made available pursuant to titles III through VI of 17 this Act shall be obligated or expended to finance directly 18 any assistance or reparations for the governments of 19 Cuba, North Korea, Iran, or Syria: Provided, That for 20 purposes of this section, the prohibition on obligations or 21 expenditures shall include direct loans, credits, insurance, 22 and guarantees of the Export-Import Bank or its agents. 23 75 •S 2438 RS COUPS D’E´TAT 1 S EC. 7008. (a) PROHIBITION.—None of the funds ap-2 propriated or otherwise made available pursuant to titles 3 III through VI of this Act shall be obligated or expended 4 to finance directly any assistance to the government of any 5 country whose duly elected head of government is deposed 6 by military coup d’e´tat or decree or, after the date of en-7 actment of this Act, a coup d’e´tat or decree in which the 8 military plays a decisive role: Provided, That assistance 9 may be resumed to such government if the Secretary of 10 State certifies and reports to the appropriate congres-11 sional committees that subsequent to the termination of 12 assistance a democratically elected government has taken 13 office: Provided further, That the provisions of this section 14 shall not apply to assistance to promote democratic elec-15 tions or public participation in democratic processes, or 16 to support a democratic transition: Provided further, That 17 funds made available pursuant to the previous provisos 18 shall be subject to prior consultation with, and the regular 19 notification procedures of, the Committees on Appropria-20 tions. 21 (b) W AIVER.—The Secretary of State, following con-22 sultation with the heads of relevant Federal agencies, may 23 waive the restriction in this section on a program-by-pro-24 gram basis if the Secretary certifies and reports to the 25 76 •S 2438 RS Committees on Appropriations that such waiver is in the 1 national security interest of the United States: Provided, 2 That funds made available pursuant to such waiver shall 3 be subject to prior consultation with, and the regular noti-4 fication procedures of, the Committees on Appropriations. 5 TRANSFER OF FUNDS AUTHORITY 6 S EC. 7009. (a) DEPARTMENT OF STATE AND 7 U NITEDSTATESAGENCY FORGLOBALMEDIA.— 8 (1) D EPARTMENT OF STATE .— 9 (A) I N GENERAL.—Not to exceed 5 percent 10 of any appropriation made available for the cur-11 rent fiscal year for the Department of State 12 under title I of this Act may be transferred be-13 tween, and merged with, such appropriations, 14 but no such appropriation, except as otherwise 15 specifically provided, shall be increased by more 16 than 10 percent by any such transfers, and no 17 such transfer may be made to increase the ap-18 propriation under the heading ‘‘Representation 19 Expenses’’. 20 (B) E MBASSY SECURITY.—Funds appro-21 priated under the headings ‘‘Diplomatic Pro-22 grams’’, including for Worldwide Security Pro-23 tection, ‘‘Embassy Security, Construction, and 24 Maintenance’’, and ‘‘Emergencies in the Diplo-25 77 •S 2438 RS matic and Consular Service’’ in this Act may be 1 transferred to, and merged with, funds appro-2 priated under such headings if the Secretary of 3 State determines and reports to the Committees 4 on Appropriations that to do so is necessary to 5 implement the recommendations of the 6 Benghazi Accountability Review Board, for 7 emergency evacuations, or to prevent or re-8 spond to security situations and requirements, 9 following consultation with, and subject to the 10 regular notification procedures of, such Com-11 mittees: Provided, That such transfer authority 12 is in addition to any transfer authority other-13 wise available in this Act and under any other 14 provision of law. 15 (2) U NITED STATES AGENCY FOR GLOBAL 16 MEDIA.—Not to exceed 5 percent of any appropria-17 tion made available for the current fiscal year for 18 the United States Agency for Global Media under 19 title I of this Act may be transferred between, and 20 merged with, such appropriations, but no such ap-21 propriation, except as otherwise specifically provided, 22 shall be increased by more than 10 percent by any 23 such transfers. 24 78 •S 2438 RS (3) TREATMENT AS REPROGRAMMING .—Any 1 transfer pursuant to this subsection shall be treated 2 as a reprogramming of funds under section 7015 of 3 this Act and shall not be available for obligation or 4 expenditure except in compliance with the proce-5 dures set forth in that section. 6 (b) L IMITATION ON TRANSFERS OF FUNDSBE-7 TWEENAGENCIES.— 8 (1) I N GENERAL.—None of the funds made 9 available under titles II through V of this Act may 10 be transferred to any department, agency, or instru-11 mentality of the United States Government, except 12 pursuant to a transfer made by, or transfer author-13 ity provided in, this Act or any other appropriations 14 Act. 15 (2) A LLOCATION AND TRANSFERS .—Notwith-16 standing paragraph (1), in addition to transfers 17 made by, or authorized elsewhere in, this Act, funds 18 appropriated by this Act to carry out the purposes 19 of the Foreign Assistance Act of 1961 may be allo-20 cated or transferred to agencies of the United States 21 Government pursuant to the provisions of sections 22 109, 610, and 632 of the Foreign Assistance Act of 23 1961, and section 1434(j) of the BUILD Act of 24 2018 (division F of Public Law 115–254). 25 79 •S 2438 RS (3) NOTIFICATION.—Any agreement entered 1 into by the United States Agency for International 2 Development or the Department of State with any 3 department, agency, or instrumentality of the United 4 States Government pursuant to section 632(b) of the 5 Foreign Assistance Act of 1961 valued in excess of 6 $1,000,000 and any agreement made pursuant to 7 section 632(a) of such Act, with funds appropriated 8 by this Act or prior Acts making appropriations for 9 the Department of State, foreign operations, and re-10 lated programs under the headings ‘‘Global Health 11 Programs’’, ‘‘Development Assistance’’, ‘‘Economic 12 Support Fund’’, and ‘‘Assistance for Europe, Eur-13 asia and Central Asia’’ shall be subject to the reg-14 ular notification procedures of the Committees on 15 Appropriations: Provided, That the requirement in 16 the previous sentence shall not apply to agreements 17 entered into between USAID and the Department of 18 State. 19 (c) U NITEDSTATESINTERNATIONALDEVELOPMENT 20 F INANCECORPORATION.— 21 (1) T RANSFERS.—Amounts transferred to the 22 United States International Development Finance 23 Corporation pursuant to section 1434(j) of the 24 BUILD Act of 2018 (division F of Public Law 115– 25 80 •S 2438 RS 254), or any other transfer authority provided by 1 any provision of law, shall be subject to prior con-2 sultation with, and the regular notification proce-3 dures of, the Committees on Appropriations: Pro-4 vided, That the Secretary of State, the Adminis-5 trator of the United States Agency for International 6 Development, and the Chief Executive Officer of the 7 Corporation, as appropriate, shall ensure that the 8 programs funded by such transfers are coordinated 9 with, and complement, foreign assistance programs 10 implemented by the Department of State and 11 USAID. 12 (2) T RANSFER OF FUNDS FROM MILLENNIUM 13 CHALLENGE CORPORATION .—Funds appropriated 14 under the heading ‘‘Millennium Challenge Corpora-15 tion’’ in this Act or prior Acts making appropria-16 tions for the Department of State, foreign oper-17 ations, and related programs may be transferred to 18 accounts under the heading ‘‘United States Inter-19 national Development Finance Corporation’’ and, 20 when so transferred, may be used for the costs of 21 activities described in subsections (b) and (c) of sec-22 tion 1421 of the BUILD Act of 2018: Provided, 23 That such funds shall be subject to the limitations 24 provided in the second, third, and fifth provisos 25 81 •S 2438 RS under the heading ‘‘United States International De-1 velopment Finance Corporation—Program Account’’ 2 in this Act: Provided further, That any transfer exe-3 cuted pursuant to the transfer authority provided in 4 this paragraph shall not exceed 10 percent of an in-5 dividual Compact awarded pursuant to section 6 609(a) of the Millennium Challenge Act of 2003 7 (title VI of Public Law 108–199): Provided further, 8 That such funds shall not be available for adminis-9 trative expenses of the United States International 10 Development Finance Corporation: Provided further, 11 That such authority shall be subject to prior con-12 sultation with, and the regular notification proce-13 dures of, the Committees on Appropriations: Pro-14 vided further, That the transfer authority provided 15 in this section is in addition to any other transfer 16 authority provided by law: Provided further, That 17 within 60 days of the termination in whole or in part 18 of the Compact from which funds were transferred 19 under this authority to the United States Inter-20 national Development Finance Corporation, any un-21 obligated balances shall be transferred back to the 22 Millennium Challenge Corporation, subject to the 23 regular notification procedures of the Committees on 24 Appropriations. 25 82 •S 2438 RS (d) TRANSFER OFFUNDSBETWEENACCOUNTS.— 1 None of the funds made available under titles II through 2 V of this Act may be obligated under an appropriations 3 account to which such funds were not appropriated, except 4 for transfers specifically provided for in this Act, unless 5 the President, not less than 5 days prior to the exercise 6 of any authority contained in the Foreign Assistance Act 7 of 1961 to transfer funds, consults with and provides a 8 written policy justification to the Committees on Appro-9 priations. 10 (e) A UDIT OF INTER-AGENCYTRANSFERS OF 11 F UNDS.—Any agreement for the transfer or allocation of 12 funds appropriated by this Act or prior Acts making ap-13 propriations for the Department of State, foreign oper-14 ations, and related programs entered into between the De-15 partment of State or USAID and another agency of the 16 United States Government under the authority of section 17 632(a) of the Foreign Assistance Act of 1961, or any com-18 parable provision of law, shall expressly provide that the 19 Inspector General (IG) for the agency receiving the trans-20 fer or allocation of such funds, or other entity with audit 21 responsibility if the receiving agency does not have an IG, 22 shall perform periodic program and financial audits of the 23 use of such funds and report to the Department of State 24 or USAID, as appropriate, upon completion of such au-25 83 •S 2438 RS dits: Provided, That such audits shall be transmitted to 1 the Committees on Appropriations by the Department of 2 State or USAID, as appropriate: Provided further, That 3 funds transferred under such authority may be made 4 available for the cost of such audits. 5 PROHIBITION AND LIMITATION ON CERTAIN EXPENSES 6 S EC. 7010. (a) COMPUTERNETWORKS.—None of the 7 funds made available by this Act for the operating ex-8 penses of any United States Government department or 9 agency may be used to establish or maintain a computer 10 network for use by such department or agency unless such 11 network has filters designed to block access to sexually 12 explicit websites: Provided, That nothing in this subsection 13 shall limit the use of funds necessary for any Federal, 14 State, Tribal, or local law enforcement agency, or any 15 other entity carrying out the following activities: criminal 16 investigations, prosecutions, and adjudications; adminis-17 trative discipline; and the monitoring of such websites un-18 dertaken as part of official business. 19 (b) P ROHIBITION ON PROMOTION OF TOBACCO.— 20 None of the funds made available by this Act shall be 21 available to promote the sale or export of tobacco or to-22 bacco products (including electronic nicotine delivery sys-23 tems), or to seek the reduction or removal by any foreign 24 country of restrictions on the marketing of tobacco or to-25 84 •S 2438 RS bacco products (including electronic nicotine delivery sys-1 tems), except for restrictions which are not applied equally 2 to all tobacco or tobacco products (including electronic nic-3 otine delivery systems) of the same type. 4 (c) R EPRESENTATION AND ENTERTAINMENT EX-5 PENSES.—Each Federal department, agency, or entity 6 funded in titles I or II of this Act, and the Department 7 of the Treasury and independent agencies funded in titles 8 III or VI of this Act, shall take steps to ensure that do-9 mestic and overseas representation and entertainment ex-10 penses further official agency business and United States 11 foreign policy interests, and— 12 (1) are primarily for fostering relations outside 13 of the Executive Branch; 14 (2) are principally for meals and events of a 15 protocol nature; 16 (3) are not for employee-only events; and 17 (4) do not include activities that are substan-18 tially of a recreational character. 19 (d) L IMITATIONS ONENTERTAINMENT EXPENSES.— 20 None of the funds appropriated or otherwise made avail-21 able by this Act under the headings ‘‘International Mili-22 tary Education and Training’’ or ‘‘Foreign Military Fi-23 nancing Program’’ for Informational Program activities or 24 under the headings ‘‘Global Health Programs’’, ‘‘Develop-25 85 •S 2438 RS ment Assistance’’, ‘‘Economic Support Fund’’, and ‘‘As-1 sistance for Europe, Eurasia and Central Asia’’ may be 2 obligated or expended to pay for— 3 (1) alcoholic beverages; or 4 (2) entertainment expenses for activities that 5 are substantially of a recreational character, includ-6 ing entrance fees at sporting events, theatrical and 7 musical productions, and amusement parks. 8 AVAILABILITY OF FUNDS 9 S EC. 7011. No part of any appropriation contained 10 in this Act shall remain available for obligation after the 11 expiration of the current fiscal year unless expressly so 12 provided by this Act: Provided, That funds appropriated 13 for the purposes of chapters 1 and 8 of part I, section 14 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 15 Assistance Act of 1961, section 23 of the Arms Export 16 Control Act (22 U.S.C. 2763), and funds made available 17 for ‘‘United States International Development Finance 18 Corporation’’ and under the heading ‘‘Assistance for Eu-19 rope, Eurasia and Central Asia’’ shall remain available for 20 an additional 4 years from the date on which the avail-21 ability of such funds would otherwise have expired, if such 22 funds are initially obligated before the expiration of their 23 respective periods of availability contained in this Act: 24 Provided further, That notwithstanding any other provi-25 86 •S 2438 RS sion of this Act, any funds made available for the purposes 1 of chapter 1 of part I and chapter 4 of part II of the 2 Foreign Assistance Act of 1961 which are allocated or ob-3 ligated for cash disbursements in order to address balance 4 of payments or economic policy reform objectives, shall re-5 main available for an additional 4 years from the date on 6 which the availability of such funds would otherwise have 7 expired, if such funds are initially allocated or obligated 8 before the expiration of their respective periods of avail-9 ability contained in this Act: Provided further, That the 10 Secretary of State and the Administrator of the United 11 States Agency for International Development shall provide 12 a report to the Committees on Appropriations not later 13 than October 31, 2024, detailing by account and source 14 year, the use of this authority during the previous fiscal 15 year. 16 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 17 S EC. 7012. No part of any appropriation provided 18 under titles III through VI in this Act shall be used to 19 furnish assistance to the government of any country which 20 is in default during a period in excess of 1 calendar year 21 in payment to the United States of principal or interest 22 on any loan made to the government of such country by 23 the United States pursuant to a program for which funds 24 are appropriated under this Act unless the President de-25 87 •S 2438 RS termines, following consultation with the Committees on 1 Appropriations, that assistance for such country is in the 2 national interest of the United States. 3 PROHIBITION ON TAXATION OF UNITED STATES 4 ASSISTANCE 5 S EC. 7013. (a) PROHIBITION ONTAXATION.—None 6 of the funds appropriated under titles III through VI of 7 this Act may be made available to provide assistance for 8 a foreign country under a new bilateral agreement gov-9 erning the terms and conditions under which such assist-10 ance is to be provided unless such agreement includes a 11 provision stating that assistance provided by the United 12 States shall be exempt from taxation, or reimbursed, by 13 the foreign government, and the Secretary of State and 14 the Administrator of the United States Agency for Inter-15 national Development shall expeditiously seek to negotiate 16 amendments to existing bilateral agreements, as nec-17 essary, to conform with this requirement. 18 (b) N OTIFICATION AND REIMBURSEMENT OF FOR-19 EIGNTAXES.—An amount equivalent to 200 percent of 20 the total taxes assessed during fiscal year 2024 on funds 21 appropriated by this Act and prior Acts making appropria-22 tions for the Department of State, foreign operations, and 23 related programs by a foreign government or entity 24 against United States assistance programs, either directly 25 88 •S 2438 RS or through grantees, contractors, and subcontractors, shall 1 be withheld from obligation from funds appropriated for 2 assistance for fiscal year 2025 and for prior fiscal years 3 and allocated for the central government of such country 4 or for the West Bank and Gaza program, as applicable, 5 if, not later than September 30, 2025, such taxes have 6 not been reimbursed. 7 (c) D EMINIMISEXCEPTION.—Foreign taxes of a de 8 minimis nature shall not be subject to the provisions of 9 subsection (b). 10 (d) R EPROGRAMMING OF FUNDS.—Funds withheld 11 from obligation for each foreign government or entity pur-12 suant to subsection (b) shall be reprogrammed for assist-13 ance for countries which do not assess taxes on United 14 States assistance or which have an effective arrangement 15 that is providing substantial reimbursement of such taxes, 16 and that can reasonably accommodate such assistance in 17 a programmatically responsible manner. 18 (e) D ETERMINATIONS.— 19 (1) I N GENERAL.—The provisions of this sec-20 tion shall not apply to any foreign government or en-21 tity that assesses such taxes if the Secretary of 22 State reports to the Committees on Appropriations 23 that— 24 89 •S 2438 RS (A) such foreign government or entity has 1 an effective arrangement that is providing sub-2 stantial reimbursement of such taxes; or 3 (B) the foreign policy interests of the 4 United States outweigh the purpose of this sec-5 tion to ensure that United States assistance is 6 not subject to taxation. 7 (2) C ONSULTATION.—The Secretary of State 8 shall consult with the Committees on Appropriations 9 at least 15 days prior to exercising the authority of 10 this subsection with regard to any foreign govern-11 ment or entity. 12 (f) I MPLEMENTATION.—The Secretary of State shall 13 issue and update rules, regulations, or policy guidance, as 14 appropriate, to implement the prohibition against the tax-15 ation of assistance contained in this section. 16 (g) D EFINITIONS.—As used in this section: 17 (1) B ILATERAL AGREEMENT .—The term ‘‘bilat-18 eral agreement’’ refers to a framework bilateral 19 agreement between the Government of the United 20 States and the government of the country receiving 21 assistance that describes the privileges and immuni-22 ties applicable to United States foreign assistance 23 for such country generally, or an individual agree-24 ment between the Government of the United States 25 90 •S 2438 RS and such government that describes, among other 1 things, the treatment for tax purposes that will be 2 accorded the United States assistance provided 3 under that agreement. 4 (2) T AXES AND TAXATION .—The term ‘‘taxes 5 and taxation’’ shall include value added taxes and 6 customs duties but shall not include individual in-7 come taxes assessed to local staff. 8 RESERVATIONS OF FUNDS 9 S EC. 7014. (a) REPROGRAMMING.—Funds appro-10 priated under titles III through VI of this Act which are 11 specifically designated may be reprogrammed for other 12 programs within the same account notwithstanding the 13 designation if compliance with the designation is made im-14 possible by operation of any provision of this or any other 15 Act: Provided, That any such reprogramming shall be sub-16 ject to the regular notification procedures of the Commit-17 tees on Appropriations: Provided further, That assistance 18 that is reprogrammed pursuant to this subsection shall be 19 made available under the same terms and conditions as 20 originally provided. 21 (b) E XTENSION OFAVAILABILITY.—In addition to 22 the authority contained in subsection (a), the original pe-23 riod of availability of funds appropriated by this Act and 24 administered by the Department of State or the United 25 91 •S 2438 RS States Agency for International Development that are spe-1 cifically designated for particular programs or activities by 2 this or any other Act may be extended for an additional 3 fiscal year if the Secretary of State or the USAID Admin-4 istrator, as appropriate, determines and reports promptly 5 to the Committees on Appropriations that the termination 6 of assistance to a country or a significant change in cir-7 cumstances makes it unlikely that such designated funds 8 can be obligated during the original period of availability: 9 Provided, That such designated funds that continue to be 10 available for an additional fiscal year shall be obligated 11 only for the purpose of such designation. 12 (c) O THERACTS.—Ceilings and specifically des-13 ignated funding levels contained in this Act shall not be 14 applicable to funds or authorities appropriated or other-15 wise made available by any subsequent Act unless such 16 Act specifically so directs: Provided, That specifically des-17 ignated funding levels or minimum funding requirements 18 contained in any other Act shall not be applicable to funds 19 appropriated by this Act. 20 NOTIFICATION REQUIREMENTS 21 S EC. 7015. (a) NOTIFICATION OFCHANGES INPRO-22 GRAMS, PROJECTS, ANDACTIVITIES.—None of the funds 23 made available in titles I, II, and VI, and under the head-24 ings ‘‘Peace Corps’’ and ‘‘Millennium Challenge Corpora-25 92 •S 2438 RS tion’’, of this Act or prior Acts making appropriations for 1 the Department of State, foreign operations, and related 2 programs to the departments and agencies funded by this 3 Act that remain available for obligation in fiscal year 4 2024, or provided from any accounts in the Treasury of 5 the United States derived by the collection of fees or of 6 currency reflows or other offsetting collections, or made 7 available by transfer, to the departments and agencies 8 funded by this Act, shall be available for obligation to— 9 (1) create new programs; 10 (2) suspend or eliminate a program, project, or 11 activity; 12 (3) close, suspend, open, or reopen a mission or 13 post; 14 (4) create, close, reorganize, downsize, or re-15 name bureaus, centers, or offices; or 16 (5) contract out or privatize any functions or 17 activities presently performed by Federal employees; 18 unless previously justified to the Committees on Appro-19 priations or such Committees are notified 15 days in ad-20 vance of such obligation. 21 (b) N OTIFICATION OF REPROGRAMMING OF 22 F UNDS.—None of the funds provided under titles I, II, 23 and VI of this Act or prior Acts making appropriations 24 for the Department of State, foreign operations, and re-25 93 •S 2438 RS lated programs, to the departments and agencies funded 1 under such titles that remain available for obligation in 2 fiscal year 2024, or provided from any accounts in the 3 Treasury of the United States derived by the collection 4 of fees available to the department and agency funded 5 under title I of this Act, shall be available for obligation 6 or expenditure for programs, projects, or activities 7 through a reprogramming of funds in excess of 8 $1,000,000 or 10 percent, whichever is less, that— 9 (1) augments or changes existing programs, 10 projects, or activities; 11 (2) relocates an existing office or employees; 12 (3) reduces by 10 percent funding for any exist-13 ing program, project, or activity, or numbers of per-14 sonnel by 10 percent as approved by Congress; or 15 (4) results from any general savings, including 16 savings from a reduction in personnel, which would 17 result in a change in existing programs, projects, or 18 activities as approved by Congress; 19 unless the Committees on Appropriations are notified 15 20 days in advance of such reprogramming of funds. 21 (c) N OTIFICATIONREQUIREMENT.—None of the 22 funds made available by this Act under the headings 23 ‘‘Global Health Programs’’, ‘‘Development Assistance’’, 24 ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assist-25 94 •S 2438 RS ance for Europe, Eurasia and Central Asia’’, ‘‘Peace 1 Corps’’, ‘‘Millennium Challenge Corporation’’, ‘‘Inter-2 national Narcotics Control and Law Enforcement’’, ‘‘Non-3 proliferation, Anti-terrorism, Demining and Related Pro-4 grams’’, ‘‘Peacekeeping Operations’’, ‘‘International Mili-5 tary Education and Training’’, ‘‘Foreign Military Financ-6 ing Program’’, ‘‘International Organizations and Pro-7 grams’’, ‘‘United States International Development Fi-8 nance Corporation’’, and ‘‘Trade and Development Agen-9 cy’’ shall be available for obligation for programs, projects, 10 activities, type of materiel assistance, countries, or other 11 operations not justified or in excess of the amount justi-12 fied to the Committees on Appropriations for obligation 13 under any of these specific headings unless the Commit-14 tees on Appropriations are notified 15 days in advance of 15 such obligation: Provided, That the President shall not 16 enter into any commitment of funds appropriated for the 17 purposes of section 23 of the Arms Export Control Act 18 for the provision of major defense equipment, other than 19 conventional ammunition, or other major defense items 20 defined to be aircraft, ships, missiles, or combat vehicles, 21 not previously justified to Congress or 20 percent in excess 22 of the quantities justified to Congress unless the Commit-23 tees on Appropriations are notified 15 days in advance of 24 such commitment: Provided further, That requirements of 25 95 •S 2438 RS this subsection or any similar provision of this or any 1 other Act shall not apply to any reprogramming for a pro-2 gram, project, or activity for which funds are appropriated 3 under titles III through VI of this Act of less than 10 4 percent of the amount previously justified to Congress for 5 obligation for such program, project, or activity for the 6 current fiscal year: Provided further, That any notification 7 submitted pursuant to subsection (f) of this section shall 8 include information (if known on the date of transmittal 9 of such notification) on the use of notwithstanding author-10 ity. 11 (d) D EPARTMENT OF DEFENSEPROGRAMS AND 12 F UNDINGNOTIFICATIONS.— 13 (1) P ROGRAMS.—None of the funds appro-14 priated by this Act or prior Acts making appropria-15 tions for the Department of State, foreign oper-16 ations, and related programs may be made available 17 to support or continue any program initially funded 18 under any authority of title 10, United States Code, 19 or any Act making or authorizing appropriations for 20 the Department of Defense, unless the Secretary of 21 State, in consultation with the Secretary of Defense 22 and in accordance with the regular notification pro-23 cedures of the Committees on Appropriations, sub-24 mits a justification to such Committees that includes 25 96 •S 2438 RS a description of, and the estimated costs associated 1 with, the support or continuation of such program. 2 (2) F UNDING.—Notwithstanding any other pro-3 vision of law, funds transferred by the Department 4 of Defense to the Department of State and the 5 United States Agency for International Development 6 for assistance for foreign countries and international 7 organizations shall be subject to the regular notifica-8 tion procedures of the Committees on Appropria-9 tions. 10 (3) N OTIFICATION ON EXCESS DEFENSE ARTI -11 CLES.—Prior to providing excess Department of De-12 fense articles in accordance with section 516(a) of 13 the Foreign Assistance Act of 1961, the Department 14 of Defense shall notify the Committees on Appro-15 priations to the same extent and under the same 16 conditions as other committees pursuant to sub-17 section (f) of that section: Provided, That before 18 issuing a letter of offer to sell excess defense articles 19 under the Arms Export Control Act, the Department 20 of Defense shall notify the Committees on Appro-21 priations in accordance with the regular notification 22 procedures of such Committees if such defense arti-23 cles are significant military equipment (as defined in 24 section 47(9) of the Arms Export Control Act) or 25 97 •S 2438 RS are valued (in terms of original acquisition cost) at 1 $7,000,000 or more, or if notification is required 2 elsewhere in this Act for the use of appropriated 3 funds for specific countries that would receive such 4 excess defense articles: Provided further, That such 5 Committees shall also be informed of the original ac-6 quisition cost of such defense articles. 7 (e) W AIVER.—The requirements of this section or 8 any similar provision of this Act or any other Act, includ-9 ing any prior Act requiring notification in accordance with 10 the regular notification procedures of the Committees on 11 Appropriations, may be waived if failure to do so would 12 pose a substantial risk to human health or welfare: Pro-13 vided, That in case of any such waiver, notification to the 14 Committees on Appropriations shall be provided as early 15 as practicable, but in no event later than 3 days after tak-16 ing the action to which such notification requirement was 17 applicable, in the context of the circumstances necessi-18 tating such waiver: Provided further, That any notification 19 provided pursuant to such a waiver shall contain an expla-20 nation of the emergency circumstances. 21 (f) C OUNTRYNOTIFICATIONREQUIREMENTS.—None 22 of the funds appropriated under titles III through VI of 23 this Act may be obligated or expended for assistance for 24 Afghanistan, Bahrain, Burma, Cambodia, Colombia, 25 98 •S 2438 RS Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti, 1 Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nica-2 ragua, Pakistan, Philippines, the Russian Federation, 3 Rwanda, Somalia, South Sudan, Sri Lanka, Sudan, Syria, 4 Tunisia, Venezuela, Yemen, and Zimbabwe except as pro-5 vided through the regular notification procedures of the 6 Committees on Appropriations. 7 (g) T RUSTFUNDS.—Funds appropriated or other-8 wise made available in title III of this Act and prior Acts 9 making funds available for the Department of State, for-10 eign operations, and related programs that are made avail-11 able for a trust fund held by an international financial 12 institution shall be subject to the regular notification pro-13 cedures of the Committees on Appropriations, and such 14 notification shall include the information specified under 15 this section in the report accompanying this Act. 16 (h) O THERPROGRAMNOTIFICATIONREQUIRE-17 MENT.— 18 (1) D IPLOMATIC PROGRAMS .—Funds appro-19 priated under title I of this Act under the heading 20 ‘‘Diplomatic Programs’’ that are made available for 21 lateral entry into the Foreign Service shall be sub-22 ject to prior consultation with, and the regular noti-23 fication procedures of, the Committees on Appro-24 priations. 25 99 •S 2438 RS (2) OTHER PROGRAMS.—Funds appropriated by 1 this Act that are made available for the following 2 programs and activities shall be subject to the reg-3 ular notification procedures of the Committees on 4 Appropriations: 5 (A) the Global Engagement Center; 6 (B) the Power Africa and Prosper Africa 7 initiatives; 8 (C) community-based police assistance con-9 ducted pursuant to the authority of section 10 7035(a)(1) of this Act; 11 (D) the Prevention and Stabilization Fund 12 and the Multi-Donor Global Fragility Fund; 13 (E) the Indo-Pacific Strategy; 14 (F) the Countering PRC Influence Fund 15 and the Countering Russian Influence Fund; 16 (G) the Gender Equity and Equality Ac-17 tion Fund; and 18 (H) funds specifically allocated for the 19 Partnership for Global Infrastructure and In-20 vestment. 21 (3) D EMOCRACY PROGRAM POLICY AND PROCE -22 DURES.—Modifications to democracy program policy 23 and procedures, including relating to the use of con-24 sortia, by the Department of State and USAID shall 25 100 •S 2438 RS be subject to prior consultation with, and the regular 1 notification procedures of, the Committees on Ap-2 propriations. 3 (4) A RMS SALES.—The reports, notifications, 4 and certifications, and any other documents, re-5 quired to be submitted pursuant to section 36(a) of 6 the Arms Export Control Act (22 U.S.C. 2776), and 7 such documents submitted pursuant to section 36(b) 8 through (d) of such Act with respect to countries 9 that have received assistance provided with funds 10 appropriated by this Act or prior Acts making ap-11 propriations for the Department of State, foreign 12 operations, and related programs, shall be concur-13 rently submitted to the Committees on Appropria-14 tions and shall include information about the source 15 of funds for any sale or transfer, as applicable, if 16 known at the time of submission. 17 (i) W ITHHOLDING OF FUNDS.—Funds appropriated 18 by this Act under titles III and IV that are withheld from 19 obligation or otherwise not programmed as a result of ap-20 plication of a provision of law in this or any other Act 21 shall, if reprogrammed, be subject to the regular notifica-22 tion procedures of the Committees on Appropriations. 23 (j) P RIORCONSULTATIONREQUIREMENT.—The Sec-24 retary of State, the Administrator of the United States 25 101 •S 2438 RS Agency for International Development, the Chief Execu-1 tive Officer of the United States International Develop-2 ment Finance Corporation, and the Chief Executive Offi-3 cer of the Millennium Challenge Corporation shall consult 4 with the Committees on Appropriations at least 7 days 5 prior to informing a government of, or publicly announc-6 ing a decision on, the suspension or early termination of 7 assistance to a country or a territory, including as a result 8 of an interagency review of such assistance, from funds 9 appropriated by this Act or prior Acts making appropria-10 tions for the Department of State, foreign operations, and 11 related programs: Provided, That such consultation shall 12 include a detailed justification for such suspension, includ-13 ing a description of the assistance being suspended. 14 DOCUMENTS, REPORT POSTING, RECORDS MANAGEMENT , 15 AND RELATED CYBERSECURITY PROTECTIONS 16 S EC. 7016. (a) DOCUMENTREQUESTS.—None of the 17 funds appropriated or made available pursuant to titles 18 III through VI of this Act shall be available to a non-19 governmental organization, including any contractor, 20 which fails to provide upon timely request any document, 21 file, or record necessary to the auditing requirements of 22 the Department of State and the United States Agency 23 for International Development. 24 (b) P UBLICPOSTING OFREPORTS.— 25 102 •S 2438 RS (1) Except as provided in paragraphs (2) and 1 (3), any report required by this Act to be submitted 2 to Congress by any Federal agency receiving funds 3 made available by this Act shall be posted on the 4 public Web site of such agency not later than 45 5 days following the receipt of such report by Con-6 gress. 7 (2) Paragraph (1) shall not apply to a report 8 if— 9 (A) the public posting of the report would 10 compromise national security, including the 11 conduct of diplomacy; 12 (B) the report contains proprietary or 13 other privileged information; or 14 (C) the public posting of the report is spe-15 cifically exempted in the report accompanying 16 this Act. 17 (3) The agency posting such report shall do so 18 only after the report has been made available to the 19 Committees on Appropriations. 20 (c) R ECORDSMANAGEMENT AND RELATEDCYBER-21 SECURITYPROTECTIONS.—The Secretary of State and 22 USAID Administrator shall— 23 (1) regularly review and update the policies, di-24 rectives, and oversight necessary to comply with 25 103 •S 2438 RS Federal statutes, regulations, and presidential execu-1 tive orders and memoranda concerning the preserva-2 tion of all records made or received in the conduct 3 of official business, including record emails, instant 4 messaging, and other online tools; 5 (2) use funds appropriated by this Act under 6 the headings ‘‘Diplomatic Programs’’ and ‘‘Capital 7 Investment Fund’’ in title I, and ‘‘Operating Ex-8 penses’’ and ‘‘Capital Investment Fund’’ in title II, 9 as appropriate, to improve Federal records manage-10 ment pursuant to the Federal Records Act (44 11 U.S.C. Chapters 21, 29, 31, and 33) and other ap-12 plicable Federal records management statutes, regu-13 lations, or policies for the Department of State and 14 USAID; 15 (3) direct departing employees, including senior 16 officials, that all Federal records generated by such 17 employees belong to the Federal Government; 18 (4) substantially reduce, compared to the pre-19 vious fiscal year, the response time for identifying 20 and retrieving Federal records, including requests 21 made pursuant to section 552 of title 5, United 22 States Code (commonly known as the ‘‘Freedom of 23 Information Act’’); and 24 104 •S 2438 RS (5) strengthen cybersecurity measures to miti-1 gate vulnerabilities, including those resulting from 2 the use of personal email accounts or servers outside 3 the .gov domain, improve the process to identify and 4 remove inactive user accounts, update and enforce 5 guidance related to the control of national security 6 information, and implement the recommendations of 7 the applicable reports of the cognizant Office of In-8 spector General. 9 USE OF FUNDS IN CONTRAVENTION OF THIS ACT 10 S EC. 7017. If the President makes a determination 11 not to comply with any provision of this Act on constitu-12 tional grounds, the head of the relevant Federal agency 13 shall notify the Committees on Appropriations in writing 14 within 5 days of such determination, the basis for such 15 determination and any resulting changes to program or 16 policy. 17 PROHIBITION ON FUNDING FOR ABORTIONS AND 18 INVOLUNTARY STERILIZATION 19 S EC. 7018. None of the funds made available to carry 20 out part I of the Foreign Assistance Act of 1961, as 21 amended, may be used to pay for the performance of abor-22 tions as a method of family planning or to motivate or 23 coerce any person to practice abortions. None of the funds 24 made available to carry out part I of the Foreign Assist-25 105 •S 2438 RS ance Act of 1961, as amended, may be used to pay for 1 the performance of involuntary sterilization as a method 2 of family planning or to coerce or provide any financial 3 incentive to any person to undergo sterilizations. None of 4 the funds made available to carry out part I of the Foreign 5 Assistance Act of 1961, as amended, may be used to pay 6 for any biomedical research which relates in whole or in 7 part, to methods of, or the performance of, abortions or 8 involuntary sterilization as a means of family planning. 9 None of the funds made available to carry out part I of 10 the Foreign Assistance Act of 1961, as amended, may be 11 obligated or expended for any country or organization if 12 the President certifies that the use of these funds by any 13 such country or organization would violate any of the 14 above provisions related to abortions and involuntary steri-15 lizations. 16 ALLOCATIONS AND REPORTS 17 S EC. 7019. (a) ALLOCATIONTABLES.—Subject to 18 subsection (b), funds appropriated by this Act under titles 19 III through V shall be made available in the amounts spe-20 cifically designated in the respective tables included in the 21 report accompanying this Act: Provided, That such des-22 ignated amounts for foreign countries and international 23 organizations shall serve as the amounts for such coun-24 tries and international organizations transmitted to Con-25 106 •S 2438 RS gress in the report required by section 653(a) of the For-1 eign Assistance Act of 1961, and shall be made available 2 for such foreign countries and international organizations 3 notwithstanding the date of the transmission of such re-4 port. 5 (b) A UTHORIZED DEVIATIONS.—Unless otherwise 6 provided for by this Act, the Secretary of State and the 7 Administrator of the United States Agency for Inter-8 national Development, as applicable, may only deviate up 9 to 10 percent below the amounts specifically designated 10 in the respective tables included in the report accom-11 panying this Act: Provided, That such percentage may be 12 exceeded only if the Secretary of State or USAID Admin-13 istrator, as applicable, determines and reports in writing 14 to the Committees on Appropriations on a case-by-case 15 basis that such deviation is necessary to respond to signifi-16 cant, exigent, or unforeseen events, or to address other 17 exceptional circumstances directly related to the national 18 security interest of the United States, including a descrip-19 tion of such events or circumstances: Provided further, 20 That deviations pursuant to the preceding proviso shall 21 be subject to prior consultation with, and the regular noti-22 fication procedures of, the Committees on Appropriations. 23 (c) L IMITATION.—For specifically designated 24 amounts that are included, pursuant to subsection (a), in 25 107 •S 2438 RS the report required by section 653(a) of the Foreign As-1 sistance Act of 1961, deviations authorized by subsection 2 (b) may only take place after submission of such report. 3 (d) E XCEPTIONS.— 4 (1) Subsections (a) and (b) shall not apply to— 5 (A) amounts designated for ‘‘International 6 Military Education and Training’’ in the re-7 spective tables included in the report accom-8 panying this Act; 9 (B) funds for which the initial period of 10 availability has expired; and 11 (C) amounts designated by this Act as 12 minimum funding requirements. 13 (2) The authority of subsection (b) to deviate 14 from amounts designated in the respective tables in-15 cluded in the report accompanying this Act shall not 16 apply to the table included under the heading ‘‘Glob-17 al Health Programs’’ in such statement. 18 (3) With respect to the amounts designated for 19 ‘‘Global Programs’’ in the table under the heading 20 ‘‘Economic Support Fund’’ included in the report 21 accompanying this Act, the matter preceding the 22 first proviso in subsection (b) of this section shall be 23 applied by substituting ‘‘5 percent from’’ for ‘‘10 24 108 •S 2438 RS percent below’’, and the provisos in such subsection 1 (b) shall not apply. 2 (e) R EPORTS.—The Secretary of State, USAID Ad-3 ministrator, and other designated officials, as appropriate, 4 shall submit the reports required, in the manner described, 5 in the report accompanying this Act. 6 (f) C LARIFICATION.—Funds appropriated by this Act 7 under the headings ‘‘International Disaster Assistance’’ 8 and ‘‘Migration and Refugee Assistance’’ shall not be in-9 cluded for purposes of meeting amounts designated for 10 countries in this Act, unless such headings are specifically 11 designated as the source of funds. 12 MULTI-YEAR PLEDGES 13 S EC. 7020. None of the funds appropriated or other-14 wise made available by this Act may be used to make any 15 pledge for future year funding for any multilateral or bi-16 lateral program funded in titles III through VI of this Act 17 unless such pledge was: (1) previously justified, including 18 the projected future year costs, in a congressional budget 19 justification; (2) included in an Act making appropriations 20 for the Department of State, foreign operations, and re-21 lated programs or previously authorized by an Act of Con-22 gress; (3) notified in accordance with the regular notifica-23 tion procedures of the Committees on Appropriations, in-24 cluding the projected future year costs; or (4) the subject 25 109 •S 2438 RS of prior consultation with the Committees on Appropria-1 tions and such consultation was conducted at least 7 days 2 in advance of the pledge. 3 PROHIBITION ON ASSISTANCE TO GOVERNMENTS 4 SUPPORTING INTERNATIONAL TERRORISM 5 S EC. 7021. (a) LETHALMILITARYEQUIPMENTEX-6 PORTS.— 7 (1) P ROHIBITION.—None of the funds appro-8 priated or otherwise made available under titles III 9 through VI of this Act may be made available to any 10 foreign government which provides lethal military 11 equipment to a country the government of which the 12 Secretary of State has determined supports inter-13 national terrorism for purposes of section 1754(c) of 14 the Export Reform Control Act of 2018 (50 U.S.C. 15 4813(c)): Provided, That the prohibition under this 16 section with respect to a foreign government shall 17 terminate 12 months after that government ceases 18 to provide such military equipment: Provided further, 19 That this section applies with respect to lethal mili-20 tary equipment provided under a contract entered 21 into after October 1, 1997. 22 (2) D ETERMINATION.—Assistance restricted by 23 paragraph (1) or any other similar provision of law, 24 may be furnished if the President determines that to 25 110 •S 2438 RS do so is important to the national interest of the 1 United States. 2 (3) R EPORT.—Whenever the President makes a 3 determination pursuant to paragraph (2), the Presi-4 dent shall submit to the Committees on Appropria-5 tions a report with respect to the furnishing of such 6 assistance, including a detailed explanation of the 7 assistance to be provided, the estimated dollar 8 amount of such assistance, and an explanation of 9 how the assistance furthers the United States na-10 tional interest. 11 (b) B ILATERALASSISTANCE.— 12 (1) L IMITATIONS.—Funds appropriated for bi-13 lateral assistance in titles III through VI of this Act 14 and funds appropriated under any such title in prior 15 Acts making appropriations for the Department of 16 State, foreign operations, and related programs, 17 shall not be made available to any foreign govern-18 ment which the President determines— 19 (A) grants sanctuary from prosecution to 20 any individual or group which has committed 21 an act of international terrorism; 22 (B) otherwise supports international ter-23 rorism; or 24 111 •S 2438 RS (C) is controlled by an organization des-1 ignated as a terrorist organization under sec-2 tion 219 of the Immigration and Nationality 3 Act (8 U.S.C. 1189). 4 (2) W AIVER.—The President may waive the ap-5 plication of paragraph (1) to a government if the 6 President determines that national security or hu-7 manitarian reasons justify such waiver: Provided, 8 That the President shall publish each such waiver in 9 the Federal Register and, at least 15 days before the 10 waiver takes effect, shall notify the Committees on 11 Appropriations of the waiver (including the justifica-12 tion for the waiver) in accordance with the regular 13 notification procedures of the Committees on Appro-14 priations. 15 AUTHORIZATION REQUIREMENTS 16 S EC. 7022. Funds appropriated by this Act, except 17 funds appropriated under the heading ‘‘Trade and Devel-18 opment Agency’’, may be obligated and expended notwith-19 standing section 10 of Public Law 91–672 (22 U.S.C. 20 2412), section 15 of the State Department Basic Authori-21 ties Act of 1956 (22 U.S.C. 2680), section 313 of the For-22 eign Relations Authorization Act, Fiscal Years 1994 and 23 1995 (22 U.S.C. 6212), and section 504(a)(1) of the Na-24 tional Security Act of 1947 (50 U.S.C. 3094(a)(1)). 25 112 •S 2438 RS DEFINITION OF PROGRAM , PROJECT, AND ACTIVITY 1 S EC. 7023. For the purpose of titles II through VI 2 of this Act, ‘‘program, project, and activity’’ shall be de-3 fined at the appropriations Act account level and shall in-4 clude all appropriations and authorizations Acts funding 5 directives, ceilings, and limitations with the exception that 6 for the ‘‘Economic Support Fund’’, ‘‘Assistance for Eu-7 rope, Eurasia and Central Asia’’, and ‘‘Foreign Military 8 Financing Program’’ accounts, ‘‘program, project, and ac-9 tivity’’ shall also be considered to include country, re-10 gional, and central program level funding within each such 11 account, and for the development assistance accounts of 12 the United States Agency for International Development, 13 ‘‘program, project, and activity’’ shall also be considered 14 to include central, country, regional, and program level 15 funding, either as— 16 (1) justified to Congress; or 17 (2) allocated by the Executive Branch in ac-18 cordance with the report required by section 653(a) 19 of the Foreign Assistance Act of 1961 or as modi-20 fied pursuant to section 7019 of this Act. 21 113 •S 2438 RS AUTHORITIES FOR THE PEACE CORPS , INTER-AMERICAN 1 FOUNDATION, AND UNITED STATES AFRICAN DEVEL -2 OPMENT FOUNDATION 3 S EC. 7024. Unless expressly provided to the contrary, 4 provisions of this or any other Act, including provisions 5 contained in prior Acts authorizing or making appropria-6 tions for the Department of State, foreign operations, and 7 related programs, shall not be construed to prohibit activi-8 ties authorized by or conducted under the Peace Corps 9 Act, the Inter-American Foundation Act, or the African 10 Development Foundation Act: Provided, That prior to con-11 ducting activities in a country for which assistance is pro-12 hibited, the agency shall consult with the Committees on 13 Appropriations and report to such Committees within 15 14 days of taking such action. 15 COMMERCE, TRADE AND SURPLUS COMMODITIES 16 S EC. 7025. (a) WORLDMARKETS.—None of the 17 funds appropriated or made available pursuant to titles 18 III through VI of this Act for direct assistance and none 19 of the funds otherwise made available to the Export-Im-20 port Bank and the United States International Develop-21 ment Finance Corporation shall be obligated or expended 22 to finance any loan, any assistance, or any other financial 23 commitments for establishing or expanding production of 24 any commodity for export by any country other than the 25 114 •S 2438 RS United States, if the commodity is likely to be in surplus 1 on world markets at the time the resulting productive ca-2 pacity is expected to become operative and if the assist-3 ance will cause substantial injury to United States pro-4 ducers of the same, similar, or competing commodity: Pro-5 vided, That such prohibition shall not apply to the Export- 6 Import Bank if in the judgment of its Board of Directors 7 the benefits to industry and employment in the United 8 States are likely to outweigh the injury to United States 9 producers of the same, similar, or competing commodity, 10 and the Chairman of the Board so notifies the Committees 11 on Appropriations: Provided further, That this subsection 12 shall not prohibit— 13 (1) activities in a country that is eligible for as-14 sistance from the International Development Asso-15 ciation, is not eligible for assistance from the Inter-16 national Bank for Reconstruction and Development, 17 and does not export on a consistent basis the agri-18 cultural commodity with respect to which assistance 19 is furnished; or 20 (2) activities in a country the President deter-21 mines is recovering from widespread conflict, a hu-22 manitarian crisis, or a complex emergency. 23 (b) E XPORTS.—None of the funds appropriated by 24 this or any other Act to carry out chapter 1 of part I 25 115 •S 2438 RS of the Foreign Assistance Act of 1961 shall be available 1 for any testing or breeding feasibility study, variety im-2 provement or introduction, consultancy, publication, con-3 ference, or training in connection with the growth or pro-4 duction in a foreign country of an agricultural commodity 5 for export which would compete with a similar commodity 6 grown or produced in the United States: Provided, That 7 this subsection shall not prohibit— 8 (1) activities designed to increase food security 9 in developing countries where such activities will not 10 have a significant impact on the export of agricul-11 tural commodities of the United States; 12 (2) research activities intended primarily to 13 benefit United States producers; 14 (3) activities in a country that is eligible for as-15 sistance from the International Development Asso-16 ciation, is not eligible for assistance from the Inter-17 national Bank for Reconstruction and Development, 18 and does not export on a consistent basis the agri-19 cultural commodity with respect to which assistance 20 is furnished; or 21 (4) activities in a country the President deter-22 mines is recovering from widespread conflict, a hu-23 manitarian crisis, or a complex emergency. 24 116 •S 2438 RS (c) INTERNATIONAL FINANCIALINSTITUTIONS.— 1 The Secretary of the Treasury shall instruct the United 2 States executive director of each international financial in-3 stitution to use the voice and vote of the United States 4 to oppose any assistance by such institution, using funds 5 appropriated or otherwise made available by this Act, for 6 the production or extraction of any commodity or mineral 7 for export, if it is in surplus on world markets and if the 8 assistance will cause substantial injury to United States 9 producers of the same, similar, or competing commodity. 10 SEPARATE ACCOUNTS 11 S EC. 7026. (a) SEPARATEACCOUNTS FOR LOCAL 12 C URRENCIES.— 13 (1) A GREEMENTS.—If assistance is furnished to 14 the government of a foreign country under chapters 15 1 and 10 of part I or chapter 4 of part II of the 16 Foreign Assistance Act of 1961 under agreements 17 which result in the generation of local currencies of 18 that country, the Administrator of the United States 19 Agency for International Development shall— 20 (A) require that local currencies be depos-21 ited in a separate account established by that 22 government; 23 (B) enter into an agreement with that gov-24 ernment which sets forth— 25 117 •S 2438 RS (i) the amount of the local currencies 1 to be generated; and 2 (ii) the terms and conditions under 3 which the currencies so deposited may be 4 utilized, consistent with this section; and 5 (C) establish by agreement with that gov-6 ernment the responsibilities of USAID and that 7 government to monitor and account for deposits 8 into and disbursements from the separate ac-9 count. 10 (2) U SES OF LOCAL CURRENCIES .—As may be 11 agreed upon with the foreign government, local cur-12 rencies deposited in a separate account pursuant to 13 subsection (a), or an equivalent amount of local cur-14 rencies, shall be used only— 15 (A) to carry out chapter 1 or 10 of part 16 I or chapter 4 of part II of the Foreign Assist-17 ance Act of 1961 (as the case may be), for such 18 purposes as— 19 (i) project and sector assistance activi-20 ties; or 21 (ii) debt and deficit financing; or 22 (B) for the administrative requirements of 23 the United States Government. 24 118 •S 2438 RS (3) PROGRAMMING ACCOUNTABILITY .—USAID 1 shall take all necessary steps to ensure that the 2 equivalent of the local currencies disbursed pursuant 3 to subsection (a)(2)(A) from the separate account 4 established pursuant to subsection (a)(1) are used 5 for the purposes agreed upon pursuant to subsection 6 (a)(2). 7 (4) T ERMINATION OF ASSISTANCE PRO -8 GRAMS.—Upon termination of assistance to a coun-9 try under chapter 1 or 10 of part I or chapter 4 of 10 part II of the Foreign Assistance Act of 1961 (as 11 the case may be), any unencumbered balances of 12 funds which remain in a separate account estab-13 lished pursuant to subsection (a) shall be disposed of 14 for such purposes as may be agreed to by the gov-15 ernment of that country and the United States Gov-16 ernment. 17 (b) S EPARATEACCOUNTS FORCASHTRANSFERS.— 18 (1) I N GENERAL.—If assistance is made avail-19 able to the government of a foreign country, under 20 chapter 1 or 10 of part I or chapter 4 of part II of 21 the Foreign Assistance Act of 1961, as cash transfer 22 assistance or as nonproject sector assistance, that 23 country shall be required to maintain such funds in 24 119 •S 2438 RS a separate account and not commingle with any 1 other funds. 2 (2) A PPLICABILITY OF OTHER PROVISIONS OF 3 LAW.—Such funds may be obligated and expended 4 notwithstanding provisions of law which are incon-5 sistent with the nature of this assistance, including 6 provisions which are referenced in the Joint Explan-7 atory Statement of the Committee of Conference ac-8 companying House Joint Resolution 648 (House Re-9 port No. 98–1159). 10 (3) N OTIFICATION.—At least 15 days prior to 11 obligating any such cash transfer or nonproject sec-12 tor assistance, the President shall submit a notifica-13 tion through the regular notification procedures of 14 the Committees on Appropriations, which shall in-15 clude a detailed description of how the funds pro-16 posed to be made available will be used, with a dis-17 cussion of the United States interests that will be 18 served by such assistance (including, as appropriate, 19 a description of the economic policy reforms that will 20 be promoted by such assistance). 21 (4) E XEMPTION.—Nonproject sector assistance 22 funds may be exempt from the requirements of para-23 graph (1) only through the regular notification pro-24 cedures of the Committees on Appropriations. 25 120 •S 2438 RS ELIGIBILITY FOR ASSISTANCE 1 S EC. 7027. (a) ASSISTANCETHROUGHNONGOVERN-2 MENTALORGANIZATIONS.—Restrictions contained in this 3 or any other Act with respect to assistance for a country 4 shall not be construed to restrict assistance in support of 5 programs of nongovernmental organizations from funds 6 appropriated by this Act to carry out the provisions of 7 chapters 1, 10, 11, and 12 of part I and chapter 4 of 8 part II of the Foreign Assistance Act of 1961 and from 9 funds appropriated under the heading ‘‘Assistance for Eu-10 rope, Eurasia and Central Asia’’: Provided, That before 11 using the authority of this subsection to furnish assistance 12 in support of programs of nongovernmental organizations, 13 the President shall notify the Committees on Appropria-14 tions pursuant to the regular notification procedures, in-15 cluding a description of the program to be assisted, the 16 assistance to be provided, and the reasons for furnishing 17 such assistance: Provided further, That nothing in this 18 subsection shall be construed to alter any existing statu-19 tory prohibitions against abortion or involuntary steriliza-20 tions contained in this or any other Act. 21 (b) P UBLICLAW480.—During fiscal year 2024, re-22 strictions contained in this or any other Act with respect 23 to assistance for a country shall not be construed to re-24 strict assistance under the Food for Peace Act (Public 25 121 •S 2438 RS Law 83–480; 7 U.S.C. 1721 et seq.): Provided, That none 1 of the funds appropriated to carry out title I of such Act 2 and made available pursuant to this subsection may be 3 obligated or expended except as provided through the reg-4 ular notification procedures of the Committees on Appro-5 priations. 6 (c) E XCEPTION.—This section shall not apply— 7 (1) with respect to section 620A of the Foreign 8 Assistance Act of 1961 or any comparable provision 9 of law prohibiting assistance to countries that sup-10 port international terrorism; or 11 (2) with respect to section 116 of the Foreign 12 Assistance Act of 1961 or any comparable provision 13 of law prohibiting assistance to the government of a 14 country that violates internationally recognized 15 human rights. 16 DISABILITY PROGRAMS 17 S EC. 7028. (a) ASSISTANCE.—Funds appropriated by 18 this Act under the heading ‘‘Development Assistance’’ 19 shall be made available for programs and activities admin-20 istered by the United States Agency for International De-21 velopment to address the needs and protect and promote 22 the rights of people with disabilities in developing coun-23 tries, including initiatives that focus on independent living, 24 economic self-sufficiency, advocacy, education, employ-25 122 •S 2438 RS ment, transportation, sports, political and electoral par-1 ticipation, and integration of individuals with disabilities, 2 including for the cost of translation: Provided, That funds 3 shall be made available to support disability rights advo-4 cacy organizations in developing countries. 5 (b) M ANAGEMENT, OVERSIGHT, ANDTECHNICAL 6 S UPPORT.—Of the funds made available pursuant to this 7 section, 5 percent may be used by USAID for manage-8 ment, oversight, and technical support. 9 INTERNATIONAL FINANCIAL INSTITUTIONS 10 S EC. 7029. (a) EVALUATIONS.—The Secretary of the 11 Treasury shall instruct the United States executive direc-12 tor of each international financial institution to use the 13 voice of the United States to encourage such institution 14 to adopt and implement a publicly available policy, includ-15 ing the strategic use of peer reviews and external experts, 16 to conduct independent, in-depth evaluations of the effec-17 tiveness of at least 35 percent of all loans, grants, pro-18 grams, and significant analytical non-lending activities in 19 advancing the institution’s goals of reducing poverty and 20 promoting equitable economic growth, consistent with rel-21 evant safeguards, to ensure that decisions to support such 22 loans, grants, programs, and activities are based on accu-23 rate data and objective analysis. 24 (b) S AFEGUARDS.— 25 123 •S 2438 RS (1) STANDARD.—The Secretary of the Treasury 1 shall instruct the United States Executive Director 2 of the International Bank for Reconstruction and 3 Development and the International Development As-4 sociation to use the voice and vote of the United 5 States to oppose any loan, grant, policy, or strategy 6 if such institution has adopted and is implementing 7 any social or environmental safeguard relevant to 8 such loan, grant, policy, or strategy that provides 9 less protection than World Bank safeguards in effect 10 on September 30, 2015. 11 (2) A CCOUNTABILITY, STANDARDS, AND BEST 12 PRACTICES.—The Secretary of the Treasury shall in-13 struct the United States executive director of each 14 international financial institution to use the voice 15 and vote of the United States to oppose loans or 16 other financing for projects unless such projects— 17 (A) provide for accountability and trans-18 parency, including the collection, verification, 19 and publication of beneficial ownership informa-20 tion related to extractive industries and on-site 21 monitoring during the life of the project; 22 (B) will be developed and carried out in ac-23 cordance with best practices regarding environ-24 mental conservation, cultural protection, and 25 124 •S 2438 RS empowerment of local populations, including 1 free, prior and informed consent of affected In-2 digenous communities; 3 (C) do not provide incentives for, or facili-4 tate, forced displacement or other violations of 5 human rights; and 6 (D) do not partner with or otherwise in-7 volve enterprises owned or controlled by the 8 armed forces. 9 (c) C OMPENSATION.—None of the funds appro-10 priated under title V of this Act may be made as payment 11 to any international financial institution while the United 12 States executive director to such institution is com-13 pensated by the institution at a rate which, together with 14 whatever compensation such executive director receives 15 from the United States, is in excess of the rate provided 16 for an individual occupying a position at level IV of the 17 Executive Schedule under section 5315 of title 5, United 18 States Code, or while any alternate United States execu-19 tive director to such institution is compensated by the in-20 stitution at a rate in excess of the rate provided for an 21 individual occupying a position at level V of the Executive 22 Schedule under section 5316 of title 5, United States 23 Code. 24 125 •S 2438 RS (d) HUMANRIGHTS.—The Secretary of the Treasury 1 shall instruct the United States executive director of each 2 international financial institution to use the voice and vote 3 of the United States to promote human rights due dili-4 gence and risk management, as appropriate, in connection 5 with any loan, grant, policy, or strategy of such institution 6 in accordance with the requirements specified under this 7 section in the report accompanying this Act. 8 (e) F RAUD ANDCORRUPTION.—The Secretary of the 9 Treasury shall instruct the United States executive direc-10 tor of each international financial institution to use the 11 voice of the United States to include in loan, grant, and 12 other financing agreements improvements in borrowing 13 countries’ financial management and judicial capacity to 14 investigate, prosecute, and punish fraud and corruption. 15 (f) B ENEFICIALOWNERSHIPINFORMATION.—The 16 Secretary of the Treasury shall instruct the United States 17 executive director of each international financial institu-18 tion to use the voice of the United States to encourage 19 such institution to collect, verify, and publish, to the max-20 imum extent practicable, beneficial ownership information 21 (excluding proprietary information) for any corporation or 22 limited liability company, other than a publicly listed com-23 pany, that receives funds from any such financial institu-24 tion. 25 126 •S 2438 RS (g) WHISTLEBLOWERPROTECTIONS.—The Secretary 1 of the Treasury shall instruct the United States executive 2 director of each international financial institution to use 3 the voice of the United States to encourage such institu-4 tion to effectively implement and enforce policies and pro-5 cedures which meet or exceed best practices in the United 6 States for the protection of whistleblowers from retalia-7 tion, including— 8 (1) protection against retaliation for internal 9 and lawful public disclosure; 10 (2) legal burdens of proof; 11 (3) statutes of limitation for reporting retalia-12 tion; 13 (4) access to binding independent adjudicative 14 bodies, including shared cost and selection external 15 arbitration; and 16 (5) results that eliminate the effects of proven 17 retaliation, including provision for the restoration of 18 prior employment. 19 (h) G RIEVANCEMECHANISMS AND PROCEDURES.— 20 The Secretary of the Treasury shall instruct the United 21 States executive director of each international financial in-22 stitution to use the voice and vote of the United States 23 to support independent investigative and adjudicative 24 mechanisms and procedures that meet or exceed best prac-25 127 •S 2438 RS tices in the United States to provide due process and fair 1 compensation, including the right to reinstatement, for 2 employees who are subjected to harassment, discrimina-3 tion, retaliation, false allegations, or other misconduct. 4 (i) C APITALINCREASES.—None of the funds appro-5 priated by this Act may be made available to support a 6 new capital increase for an international financial institu-7 tion unless the President submits a budget request for 8 such increase to Congress and determines and reports to 9 the Committees on Appropriations that— 10 (1) the institution has completed a thorough 11 analysis of the development challenges facing the rel-12 evant geographical region, the role of the institution 13 in addressing such challenges and its role relative to 14 other financing partners, and the steps to be taken 15 to enhance the efficiency and effectiveness of the in-16 stitution; and 17 (2) the governors of such institution have ap-18 proved the capital increase. 19 ECONOMIC RESILIENCE INITIATIVE 20 S EC. 7030. (a) ASSISTANCE.—Of the funds appro-21 priated by this Act under the heading ‘‘Economic Support 22 Fund’’, not less than $263,000,000 shall be made avail-23 able for the Economic Resilience Initiative, the purposes 24 of which include enhancing United States and partner 25 128 •S 2438 RS country economic security and stability, including through 1 investments in strategic infrastructure overseas and secur-2 ing critical supply chains, and other efforts to counter eco-3 nomic coercion: Provided, That such funds are in addition 4 to funds otherwise made available for such purposes by 5 this Act, including funds made available under the heading 6 ‘‘Treasury International Assistance Programs’’: Provided 7 further, That funds made available by this subsection may 8 only be made available following consultation with, and the 9 regular notification procedure of, the Committees on Ap-10 propriations: Provided further, That such funds shall be 11 made available as follows— 12 (1) not less than $75,000,000 for a Strategic 13 Infrastructure Investment Fund, to be administered 14 by the Secretary of State, in consultation with the 15 heads of other relevant Federal agencies: Provided, 16 That such funds may be transferred to, and merged 17 with, funds appropriated by this Act to the Export- 18 Import Bank of the United States under the heading 19 ‘‘Program Account’’, to the United States Inter-20 national Development Finance Corporation under 21 the heading ‘‘Corporate Capital Account’’, and under 22 the heading ‘‘Trade and Development Agency’’: Pro-23 vided further, That such transfer authority is in ad-24 dition to any other transfer authority provided by 25 129 •S 2438 RS this Act or any other Act, and is subject to the reg-1 ular notification procedures of the Committees on 2 Appropriations; 3 (2) not less than $75,000,000 to enhance crit-4 ical mineral supply chain security; 5 (3) not less than $63,000,000 for programs ad-6 ministered by the USAID Administrator to bolster 7 economic resilience, consistent with the strategy re-8 quired in subsection (f); and 9 (4) not less than $50,000,000 for digital 10 connectivity, cybersecurity, and related technology 11 programs, including through the Digital Connectivity 12 and Cybersecurity Partnership, to— 13 (A) advance the adoption of secure, next- 14 generation communications networks and serv-15 ices, including 5G, and cybersecurity policies, in 16 countries receiving assistance under this Act 17 and prior Acts making appropriations for the 18 Department of State, foreign operations, and 19 related programs: Provided, That such funds 20 may support cyber incident preparation, reme-21 diation, and recovery; 22 (B) counter the establishment of insecure 23 communications networks and services, includ-24 ing 5G, promoted by the People’s Republic of 25 130 •S 2438 RS China and other state-backed enterprises that 1 are subject to undue or extrajudicial control by 2 their country of origin; and 3 (C) provide policy and technical training 4 on deploying open, interoperable, reliable, and 5 secure networks to information communication 6 technology professionals in countries receiving 7 assistance under this Act, as appropriate: 8 Provided further, That funds appropriated by this 9 Act and prior Acts making appropriations for the 10 Department of State, foreign operations, and related 11 programs, including funds appropriated under the 12 heading ‘‘Economic Support Fund’’, may be used to 13 strengthen civilian cybersecurity and information 14 and communications technology capacity, including 15 participation of foreign law enforcement and military 16 personnel in non-military activities, notwithstanding 17 any other provision of law and following consultation 18 with the Committees on Appropriations. 19 (b) L OANGUARANTEES.—Funds appropriated under 20 the headings ‘‘Economic Support Fund’’ and ‘‘Assistance 21 for Europe, Eurasia and Central Asia’’ by this Act and 22 prior Acts making appropriations for the Department of 23 State, foreign operations, and related programs, including 24 funds made available pursuant to this section, may be 25 131 •S 2438 RS made available for the costs, as defined in section 502 of 1 the Congressional Budget Act of 1974, of loan guarantees, 2 which are authorized to be provided and which shall be 3 administered by the United States Agency for Inter-4 national Development unless otherwise provided for by 5 this Act or any other provision of law: Provided, That 6 amounts made available under this paragraph for the costs 7 of such guarantees shall not be considered assistance for 8 the purposes of provisions of law limiting assistance to a 9 country: Provided further, That funds made available pur-10 suant to the authorities of this subsection shall be subject 11 to prior consultation with the appropriate congressional 12 committees and the regular notification procedures of the 13 Committees on Appropriations. 14 (c) CHIPS FORAMERICAINTERNATIONAL TECH-15 NOLOGYSECURITY ANDINNOVATIONFUND.— 16 (1) Within 45 days of enactment of this Act, 17 the Secretary of State shall allocate amounts made 18 available from the Creating Helpful Incentives to 19 Produce Semiconductors (CHIPS) for America 20 International Technology Security and Innovation 21 Fund for fiscal year 2024 pursuant to the transfer 22 authority in section 102(c)(1) of the CHIPS Act of 23 2022 (division A of Public Law 117–167), to the ac-24 counts specified and in the amounts specified, in the 25 132 •S 2438 RS table titled ‘‘CHIPS for America International Tech-1 nology Security and Innovation Fund’’ in the report 2 accompanying this Act: Provided, That such funds 3 shall be subject to prior consultation with, and the 4 regular notification procedures of, the Committees 5 on Appropriations. 6 (2) Neither the President nor his designee may 7 allocate any amounts that are made available for 8 any fiscal year under section 102(c)(2) of the 9 CHIPS Act of 2022 if there is in effect an Act mak-10 ing or continuing appropriations for part of a fiscal 11 year for the Department of State, Foreign Oper-12 ations, and Related Programs: Provided, That in any 13 fiscal year, the matter preceding this proviso shall 14 not apply to the allocation, apportionment, or allot-15 ment of amounts for continuing administration of 16 programs allocated using funds transferred from the 17 CHIPS for America International Technology Secu-18 rity and Innovation Fund, which may be allocated 19 pursuant to the transfer authority in section 20 102(c)(1) of the CHIPS Act of 2022 only in 21 amounts that are no more than the allocation for 22 such purposes in paragraph (1) of this subsection. 23 (3) Concurrent with the annual budget submis-24 sion of the President for fiscal year 2025, the Sec-25 133 •S 2438 RS retary of State shall submit to the Committees on 1 Appropriations proposed allocations by account and 2 by program, project, or activity, with detailed jus-3 tifications, for amounts made available under section 4 102(c)(2) of the CHIPS Act of 2022 for fiscal year 5 2025. 6 (4) The Secretary of State shall provide the 7 Committees on Appropriations quarterly reports on 8 the status of balances of projects and activities fund-9 ed by the CHIPS for America International Tech-10 nology Security and Innovation Fund for amounts 11 allocated pursuant to paragraph (1) of this sub-12 section, including all uncommitted, committed, and 13 unobligated funds. 14 (5) Amounts transferred to the Export-Import 15 Bank and the United States International Develop-16 ment Finance Corporation pursuant to the transfer 17 authority in section 102(c)(1) of the CHIPS Act of 18 2022 (division A of Public Law 117–167) may be 19 made available for the costs of direct loans and loan 20 guarantees, including the cost of modifying such 21 loans, as defined in section 502 of the Congressional 22 Budget Act of 1974. 23 (6) Notwithstanding any other provision of law, 24 none of the funds made available by this Act for the 25 134 •S 2438 RS Creating Helpful Incentives to Produce Semiconduc-1 tors (CHIPS) for America International Technology 2 Security and Innovation Fund may be expended in 3 grants or contracts to private entities that are plan-4 ning to expand their production of semiconductor 5 chips in the People’s Republic of China or enter into 6 joint ventures with private entities subject to the ju-7 risdiction to the Chinese Communist Party and the 8 government of the People’s Republic of China for 9 the purposes of expanding semiconductor chip pro-10 duction outside of the People’s Republic of China. 11 (d) E CONOMICANALYSIS.—Of the funds made avail-12 able by this Act under the heading ‘‘Diplomatic Pro-13 grams’’, not less than $2,000,000 shall be made available 14 for the Office of the Chief Economist, Department of 15 State, including to increase the capacity of such Office to 16 support the implementation of the strategy required pur-17 suant to subsection (f): Provided, That the Secretary of 18 State shall prioritize legislative requests necessary to 19 maximize implementation of such strategy in the fiscal 20 year 2025 budget request. 21 (e) T RILATERALPROGRAMS.—Funds made available 22 pursuant to subsection (a) shall be made available to the 23 Department of State and USAID for trilateral programs 24 135 •S 2438 RS with partner countries, including Japan and South Korea, 1 to further the objectives of this section. 2 (f) S TRATEGY.—Not later than 90 days after the 3 date of enactment of this Act, the Secretary of State, Sec-4 retary of the Treasury, and USAID Administrator, in con-5 sultation with the heads of other relevant Federal agencies 6 and following consultation with the Committees on Appro-7 priations, shall jointly submit a strategy to the Commit-8 tees on Appropriations detailing the planned uses of funds 9 provided by this Act, prior Acts making appropriations for 10 the Department of State, foreign operations, and related 11 programs, and other Acts, consistent with the purposes 12 of this section, including through cooperation with the pri-13 vate sector. 14 FINANCIAL MANAGEMENT , BUDGET TRANSPARENCY , AND 15 ANTI-CORRUPTION 16 S EC. 7031. (a) LIMITATION ONDIRECTGOVERN-17 MENT-TO-GOVERNMENTASSISTANCE.— 18 (1) R EQUIREMENTS.—Funds appropriated by 19 this Act may be made available for direct govern-20 ment-to-government assistance only if— 21 (A) the requirements included in section 22 7031(a)(1)(A) through (E) of the Department 23 of State, Foreign Operations, and Related Pro-24 136 •S 2438 RS grams Appropriations Act, 2019 (division F of 1 Public Law 116–6) are fully met; and 2 (B) the government of the recipient coun-3 try is taking steps to reduce corruption. 4 (2) C ONSULTATION AND NOTIFICATION .—In 5 addition to the requirements in paragraph (1), funds 6 may only be made available for direct government- 7 to-government assistance subject to prior consulta-8 tion with, and the regular notification procedures of, 9 the Committees on Appropriations: Provided, That 10 such notification shall contain an explanation of how 11 the proposed activity meets the requirements of 12 paragraph (1): Provided further, That the require-13 ments of this paragraph shall only apply to direct 14 government-to-government assistance in excess of 15 $10,000,000 and all funds available for cash trans-16 fer, budget support, and cash payments to individ-17 uals. 18 (3) S USPENSION OF ASSISTANCE .—The Admin-19 istrator of the United States Agency for Inter-20 national Development or the Secretary of State, as 21 appropriate, shall suspend any direct government-to- 22 government assistance if the Administrator or the 23 Secretary has credible information of material mis-24 use of such assistance, unless the Administrator or 25 137 •S 2438 RS the Secretary reports to the Committees on Appro-1 priations that it is in the national interest of the 2 United States to continue such assistance, including 3 a justification, or that such misuse has been appro-4 priately addressed. 5 (4) S UBMISSION OF INFORMATION .—The Sec-6 retary of State shall submit to the Committees on 7 Appropriations, concurrent with the fiscal year 2025 8 congressional budget justification materials, amounts 9 planned for assistance described in paragraph (1) by 10 country, proposed funding amount, source of funds, 11 and type of assistance. 12 (5) D EBT SERVICE PAYMENT PROHIBITION .— 13 None of the funds made available by this Act may 14 be used by the government of any foreign country 15 for debt service payments owed by any country to 16 any international financial institution. 17 (b) N ATIONALBUDGET AND CONTRACTTRANS-18 PARENCY.— 19 (1) M INIMUM REQUIREMENTS OF FISCAL 20 TRANSPARENCY.—The Secretary of State shall con-21 tinue to update and strengthen the ‘‘minimum re-22 quirements of fiscal transparency’’ for each govern-23 ment receiving assistance appropriated by this Act, 24 as identified in the report required by section 25 138 •S 2438 RS 7031(b) of the Department of State, Foreign Oper-1 ations, and Related Programs Appropriations Act, 2 2014 (division K of Public Law 113–76). 3 (2) D ETERMINATION AND REPORT .—For each 4 government identified pursuant to paragraph (1), 5 the Secretary of State, not later than 180 days after 6 the date of enactment of this Act, shall make or up-7 date any determination of ‘‘significant progress’’ or 8 ‘‘no significant progress’’ in meeting the minimum 9 requirements of fiscal transparency, and make such 10 determinations publicly available in an annual ‘‘Fis-11 cal Transparency Report’’ to be posted on the De-12 partment of State website: Provided, That such re-13 port shall include the elements included under this 14 section in the report accompanying this Act. 15 (3) A SSISTANCE.—Not less than $7,000,000 of 16 the funds appropriated by this Act under the head-17 ing ‘‘Economic Support Fund’’ shall be made avail-18 able for programs and activities to assist govern-19 ments identified pursuant to paragraph (1) to im-20 prove budget transparency and to support civil soci-21 ety organizations in such countries that promote 22 budget transparency. 23 (c) A NTI-KLEPTOCRACY ANDHUMANRIGHTS.— 24 (1) I NELIGIBILITY.— 25 139 •S 2438 RS (A) Officials of foreign governments and 1 their immediate family members about whom 2 the Secretary of State has credible information 3 have been involved, directly or indirectly, in sig-4 nificant corruption, including corruption related 5 to the extraction of natural resources, or a 6 gross violation of human rights, including the 7 wrongful detention of locally employed staff of 8 a United States diplomatic mission or a United 9 States citizen or national, shall be ineligible for 10 entry into the United States. 11 (B) Concurrent with the application of 12 subparagraph (A), the Secretary shall, as ap-13 propriate, refer the matter to the Office of For-14 eign Assets Control, Department of the Treas-15 ury, to determine whether to apply sanctions 16 authorities in accordance with United States 17 law to block the transfer of property and inter-18 ests in property, and all financial transactions, 19 in the United States involving any person de-20 scribed in such subparagraph. 21 (C) The Secretary shall also publicly or 22 privately designate or identify the officials of 23 foreign governments and their immediate family 24 members about whom the Secretary has such 25 140 •S 2438 RS credible information without regard to whether 1 the individual has applied for a visa. 2 (2) E XCEPTION.—Individuals shall not be ineli-3 gible for entry into the United States pursuant to 4 paragraph (1) if such entry would further important 5 United States law enforcement objectives or is nec-6 essary to permit the United States to fulfill its obli-7 gations under the United Nations Headquarters 8 Agreement: Provided, That nothing in paragraph (1) 9 shall be construed to derogate from United States 10 Government obligations under applicable inter-11 national agreements. 12 (3) W AIVER.—The Secretary may waive the ap-13 plication of paragraph (1) if the Secretary deter-14 mines that the waiver would serve a compelling na-15 tional interest or that the circumstances which 16 caused the individual to be ineligible have changed 17 sufficiently. 18 (4) R EPORT.—Not later than 30 days after the 19 date of enactment of this Act, and every 90 days 20 thereafter until September 30, 2025, the Secretary 21 of State shall submit a report, including a classified 22 annex if necessary, to the appropriate congressional 23 committees and the Committees on the Judiciary de-24 scribing the information related to corruption or vio-25 141 •S 2438 RS lation of human rights concerning each of the indi-1 viduals found ineligible in the previous 12 months 2 pursuant to paragraph (1)(A) as well as the individ-3 uals who the Secretary designated or identified pur-4 suant to paragraph (1)(B), or who would be ineli-5 gible but for the application of paragraph (2), a list 6 of any waivers provided under paragraph (3), and 7 the justification for each waiver. 8 (5) P OSTING OF REPORT .—Any unclassified 9 portion of the report required under paragraph (4) 10 shall be posted on the Department of State website. 11 (6) C LARIFICATION.—For purposes of para-12 graphs (1), (4), and (5), the records of the Depart-13 ment of State and of diplomatic and consular offices 14 of the United States pertaining to the issuance or 15 refusal of visas or permits to enter the United 16 States shall not be considered confidential. 17 (d) E XTRACTION OFNATURALRESOURCES.— 18 (1) A SSISTANCE.—Funds appropriated by this 19 Act shall be made available to promote and support 20 transparency and accountability of expenditures and 21 revenues related to the extraction of natural re-22 sources, including by strengthening implementation 23 and monitoring of the Extractive Industries Trans-24 parency Initiative, implementing and enforcing sec-25 142 •S 2438 RS tion 8204 of the Food, Conservation, and Energy 1 Act of 2008 (Public Law 110–246; 122 Stat. 2052) 2 and the amendments made by such section, and to 3 prevent the sale of conflict minerals, and for tech-4 nical assistance to promote independent audit mech-5 anisms and support civil society participation in nat-6 ural resource management. 7 (2) P UBLIC DISCLOSURE AND INDEPENDENT 8 AUDITS.— 9 (A) The Secretary of the Treasury shall in-10 struct the executive director of each inter-11 national financial institution to use the voice 12 and vote of the United States to oppose any as-13 sistance by such institutions (including any 14 loan, credit, grant, or guarantee) to any coun-15 try for the extraction and export of a natural 16 resource if the government of such country has 17 in place laws, regulations, or procedures to pre-18 vent or limit the public disclosure of company 19 payments as required by United States law, and 20 unless such government has adopted laws, regu-21 lations, or procedures in the sector in which as-22 sistance is being considered that: (1) accurately 23 account for and publicly disclose payments to 24 the government by companies involved in the 25 143 •S 2438 RS extraction and export of natural resources; (2) 1 include independent auditing of accounts receiv-2 ing such payments and the public disclosure of 3 such audits; and (3) require public disclosure of 4 agreement and bidding documents, as appro-5 priate. 6 (B) The requirements of subparagraph (A) 7 shall not apply to assistance for the purpose of 8 building the capacity of such government to 9 meet the requirements of such subparagraph. 10 DEMOCRACY PROGRAMS 11 S EC. 7032. (a) FUNDING.— 12 (1) I N GENERAL.—Of the funds appropriated 13 by this Act under the headings ‘‘Development As-14 sistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy 15 Fund’’, ‘‘Assistance for Europe, Eurasia and Cen-16 tral Asia’’, and ‘‘International Narcotics Control and 17 Law Enforcement’’, $2,900,000,000 should be made 18 available for democracy programs. 19 (2) P ROGRAMS.—Of the funds made available 20 for democracy programs under the headings ‘‘Eco-21 nomic Support Fund’’ and ‘‘Assistance for Europe, 22 Eurasia and Central Asia’’ pursuant to paragraph 23 (1), not less than $159,240,000 shall be made avail-24 144 •S 2438 RS able to the Bureau of Democracy, Human Rights, 1 and Labor, Department of State. 2 (b) A UTHORITIES.— 3 (1) A VAILABILITY.—Funds made available by 4 this Act for democracy programs pursuant to sub-5 section (a) and under the heading ‘‘National Endow-6 ment for Democracy’’ may be made available not-7 withstanding any other provision of law, and with 8 regard to the National Endowment for Democracy 9 (NED), any regulation. 10 (2) B ENEFICIARIES.—Funds made available by 11 this Act for the NED are made available pursuant 12 to the authority of the National Endowment for De-13 mocracy Act (title V of Public Law 98–164), includ-14 ing all decisions regarding the selection of bene-15 ficiaries. 16 (c) D EFINITION OFDEMOCRACYPROGRAMS.—For 17 purposes of funds appropriated by this Act, the term ‘‘de-18 mocracy programs’’ means programs that support good 19 governance, credible and competitive elections, freedom of 20 expression, association, assembly, and religion, human 21 rights, labor rights, independent media, and the rule of 22 law, and that otherwise strengthen the capacity of demo-23 cratic political parties, governments, nongovernmental or-24 ganizations and institutions, and citizens to support the 25 145 •S 2438 RS development of democratic states and institutions that are 1 responsive and accountable to citizens. 2 (d) S TRATEGY.—Not later than 180 days after the 3 date of enactment of this Act, the President shall submit 4 to the appropriate congressional committees a comprehen-5 sive five year strategy for the promotion of democracy 6 abroad, consistent with the definition of democracy pro-7 grams in subsection (c), to include protection of civil soci-8 ety activists and journalists and the strengthening of inde-9 pendent media: Provided, That such strategy shall also in-10 clude recommendations for funding levels for such pro-11 grams on a fiscal year-by-fiscal year basis, and a descrip-12 tion of specific programs to promote digital security, 13 counter disinformation and misinformation, and address 14 challenges to democracy associated with artificial intel-15 ligence: Provided further, That the Secretary of State and 16 USAID Administrator shall jointly consult with the appro-17 priate congressional committees prior to drafting such 18 strategy. 19 (e) R ESTRICTIONS ON FOREIGNGOVERNMENT IN-20 TERFERENCE.— 21 (1) P RIOR APPROVAL.—With respect to the pro-22 vision of assistance for democracy programs in this 23 Act, the organizations implementing such assistance, 24 the specific nature of the assistance, and the partici-25 146 •S 2438 RS pants in such programs shall not be subject to prior 1 approval by the government of any foreign country. 2 (2) D ISCLOSURE OF IMPLEMENTING PARTNER 3 INFORMATION.—If the Secretary of State, in con-4 sultation with the Administrator of the United 5 States Agency for International Development, deter-6 mines that the government of the country is un-7 democratic or has engaged in or condoned harass-8 ment, threats, or attacks against organizations im-9 plementing democracy programs, any new bilateral 10 agreement governing the terms and conditions under 11 which assistance is provided to such country shall 12 not require the disclosure of the names of imple-13 menting partners of democracy programs, and the 14 Secretary of State and the USAID Administrator 15 shall expeditiously seek to negotiate amendments to 16 existing bilateral agreements, as necessary, to con-17 form to this requirement. 18 (f) C ONTINUATION OF CURRENTPRACTICES.— 19 USAID shall continue to implement civil society and polit-20 ical competition and consensus building programs abroad 21 with funds appropriated by this Act in a manner that rec-22 ognizes the unique benefits of grants and cooperative 23 agreements in implementing such programs. 24 147 •S 2438 RS (g) DIGITALSECURITY AND COUNTERING 1 D ISINFORMATION.—Funds appropriated by this Act shall 2 be made available to advance digital security and counter 3 disinformation as described under this section in the re-4 port accompanying this Act. 5 (h) I NFORMING THE NATIONALENDOWMENT FOR 6 D EMOCRACY.—The Assistant Secretary for Democracy, 7 Human Rights, and Labor, Department of State, and the 8 Assistant Administrator for Development, Democracy, 9 and Innovation, USAID, shall regularly inform the NED 10 of democracy programs that are planned and supported 11 with funds made available by this Act and prior Acts mak-12 ing appropriations for the Department of State, foreign 13 operations, and related programs. 14 (i) P ROTECTION OFCIVILSOCIETYACTIVISTS AND 15 J OURNALISTS.—Of the funds appropriated by this Act 16 under the headings ‘‘Economic Support Fund’’ and ‘‘De-17 mocracy Fund’’, not less than $30,000,000 shall be made 18 available to support and protect civil society activists and 19 journalists who have been threatened, harassed, or at-20 tacked, including journalists affiliated with the United 21 States Agency for Global Media. 22 (j) I NTERNATIONALFREEDOM OFEXPRESSION AND 23 I NDEPENDENT MEDIA.—Of the funds appropriated by 24 this Act under the heading ‘‘Economic Support Fund’’, 25 148 •S 2438 RS not less than $20,000,000 shall be made available for pro-1 grams to protect international freedom of expression and 2 independent media, including through multilateral initia-3 tives, as described under this section in the report accom-4 panying this Act. 5 INTERNATIONAL RELIGIOUS FREEDOM 6 S EC. 7033. (a) INTERNATIONAL RELIGIOUSFREE-7 DOMOFFICE.—Funds appropriated by this Act under the 8 heading ‘‘Diplomatic Programs’’ shall be made available 9 for the Office of International Religious Freedom, Depart-10 ment of State. 11 (b) A SSISTANCE.—Funds appropriated by this Act 12 under the headings ‘‘Economic Support Fund’’, ‘‘Democ-13 racy Fund’’, and ‘‘International Broadcasting Operations’’ 14 shall be made available for international religious freedom 15 programs and funds appropriated by this Act under the 16 headings ‘‘International Disaster Assistance’’ and ‘‘Migra-17 tion and Refugee Assistance’’ shall be made available for 18 humanitarian assistance for vulnerable and persecuted 19 ethnic and religious minorities: Provided, That funds made 20 available by this Act under the headings ‘‘Economic Sup-21 port Fund’’ and ‘‘Democracy Fund’’ pursuant to this sec-22 tion shall be the responsibility of the Ambassador-at-Large 23 for International Religious Freedom, in consultation with 24 other relevant United States Government officials, and 25 149 •S 2438 RS shall be subject to prior consultation with the Committees 1 on Appropriations. 2 (c) A UTHORITY.—Funds appropriated by this Act 3 and prior Acts making appropriations for the Department 4 of State, foreign operations, and related programs under 5 the heading ‘‘Economic Support Fund’’ may be made 6 available notwithstanding any other provision of law for 7 assistance for ethnic and religious minorities in Iraq and 8 Syria. 9 (d) D ESIGNATION OFNON-STATEACTORS.—Section 10 7033(e) of the Department of State, Foreign Operations, 11 and Related Programs Appropriations Act, 2017 (division 12 J of Public Law 115–31) shall continue in effect during 13 fiscal year 2024. 14 SPECIAL PROVISIONS 15 S EC. 7034. (a) VICTIMS OFWAR, DISPLACEDCHIL-16 DREN, ANDDISPLACEDBURMESE.—Funds appropriated 17 in title III of this Act that are made available for victims 18 of war, displaced children, displaced Burmese, and to com-19 bat trafficking in persons and assist victims of such traf-20 ficking may be made available notwithstanding any other 21 provision of law. 22 (b) F ORENSICASSISTANCE.— 23 (1) Of the funds appropriated by this Act under 24 the heading ‘‘Economic Support Fund’’, not less 25 150 •S 2438 RS than $20,000,000 shall be made available for foren-1 sic anthropology assistance related to the exhuma-2 tion and identification of victims of war crimes, 3 crimes against humanity, and genocide, which shall 4 be administered by the Assistant Secretary for De-5 mocracy, Human Rights, and Labor, Department of 6 State: Provided, That such funds shall be in addition 7 to funds made available by this Act and prior Acts 8 making appropriations for the Department of State, 9 foreign operations, and related programs for assist-10 ance for countries. 11 (2) Of the funds appropriated by this Act under 12 the heading ‘‘International Narcotics Control and 13 Law Enforcement’’, not less than $10,000,000 shall 14 be made available for DNA forensic technology pro-15 grams to combat human trafficking in Central 16 America and Mexico. 17 (c) W ORLDFOODPROGRAMME.—Unobligated bal-18 ances from funds managed by the Bureau for Humani-19 tarian Assistance, United States Agency for International 20 Development, which are made available from this or any 21 other Act, may be made available as a general contribution 22 to the World Food Programme, notwithstanding any other 23 provision of law. 24 (d) D IRECTIVES ANDAUTHORITIES.— 25 151 •S 2438 RS (1) RESEARCH AND TRAINING .—Funds appro-1 priated by this Act under the heading ‘‘Assistance 2 for Europe, Eurasia and Central Asia’’ shall be 3 made available to carry out the Program for Re-4 search and Training on Eastern Europe and the 5 Independent States of the Former Soviet Union as 6 authorized by the Soviet-Eastern European Research 7 and Training Act of 1983 (22 U.S.C. 4501 et seq.). 8 (2) G ENOCIDE VICTIMS MEMORIAL SITES .— 9 Funds appropriated by this Act and prior Acts mak-10 ing appropriations for the Department of State, for-11 eign operations, and related programs under the 12 headings ‘‘Economic Support Fund’’ and ‘‘Assist-13 ance for Europe, Eurasia and Central Asia’’ may be 14 made available as contributions to establish and 15 maintain memorial sites of genocide, subject to the 16 regular notification procedures of the Committees on 17 Appropriations. 18 (3) P RIVATE SECTOR PARTNERSHIPS .—Of the 19 funds appropriated by this Act under the headings 20 ‘‘Development Assistance’’ and ‘‘Economic Support 21 Fund’’ that are made available for private sector 22 partnerships, including partnerships with philan-23 thropic foundations, up to $50,000,000 may remain 24 available until September 30, 2026: Provided, That 25 152 •S 2438 RS funds made available pursuant to this paragraph 1 may only be made available following prior consulta-2 tion with, and the regular notification procedures of, 3 the Committees on Appropriations. 4 (4) A DDITIONAL AUTHORITY .—Of the amounts 5 made available by this Act under the heading ‘‘Dip-6 lomatic Programs’’, up to $500,000 may be made 7 available for grants pursuant to section 504 of the 8 Foreign Relations Authorization Act, Fiscal Year 9 1979 (22 U.S.C. 2656d), including to facilitate col-10 laboration with Indigenous communities. 11 (5) I NNOVATION.—The USAID Administrator 12 may use funds appropriated by this Act under title 13 III to make innovation incentive awards in accord-14 ance with the terms and conditions of section 15 7034(e)(4) of the Department of State, Foreign Op-16 erations, and Related Programs Appropriations Act, 17 2019 (division F of Public Law 116–6), except that 18 each individual award may not exceed $500,000. 19 (6) D EVELOPMENT INNOVATION VENTURES .— 20 Funds appropriated by this Act under the heading 21 ‘‘Development Assistance’’ and made available for 22 the Development Innovation Ventures program may 23 be made available for the purposes of chapter I of 24 part I of the Foreign Assistance Act of 1961. 25 153 •S 2438 RS (7) EXCHANGE VISITOR PROGRAM .—None of 1 the funds made available by this Act may be used 2 to modify the Exchange Visitor Program adminis-3 tered by the Department of State to implement the 4 Mutual Educational and Cultural Exchange Act of 5 1961 (Public Law 87–256; 22 U.S.C. 2451 et seq.), 6 except through the formal rulemaking process pursu-7 ant to the Administrative Procedure Act (5 U.S.C. 8 551 et seq.) and notwithstanding the exceptions to 9 such rulemaking process in such Act: Provided, That 10 funds made available for such purpose shall only be 11 made available after consultation with, and subject 12 to the regular notification procedures of, the Com-13 mittees on Appropriations, regarding how any pro-14 posed modification would affect the public diplomacy 15 goals of, and the estimated economic impact on, the 16 United States: Provided further, That such consulta-17 tion shall take place not later than 30 days prior to 18 the publication in the Federal Register of any regu-19 latory action modifying the Exchange Visitor Pro-20 gram. 21 (8) P AYMENTS.—Funds appropriated by this 22 Act and prior Acts making appropriations for the 23 Department of State, foreign operations, and related 24 programs under the headings ‘‘Diplomatic Pro-25 154 •S 2438 RS grams’’ and ‘‘Operating Expenses’’, except for funds 1 designated by Congress as an emergency require-2 ment pursuant to a concurrent resolution on the 3 budget or the Balanced Budget and Emergency Def-4 icit Control Act of 1985, are available to provide 5 payments pursuant to section 901(i)(2) of title IX of 6 division J of the Further Consolidated Appropria-7 tions Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided, 8 That funds made available pursuant to this para-9 graph shall be subject to prior consultation with the 10 Committees on Appropriations. 11 (9) A FGHAN ALLIES.—Section 602(b)(3)(F) of 12 the Afghan Allies Protection Act of 2009 (8 U.S.C. 13 1101 note) is amended— 14 (A) in the heading, by striking ‘‘2023’’ and 15 inserting ‘‘2029’’; 16 (B) in the matter preceding clause (i), in 17 the first sentence, by striking ‘‘38,500’’ and in-18 serting ‘‘58,500’’; and 19 (C) in clauses (i) and (ii), by striking ‘‘De-20 cember 31, 2024’’ and inserting ‘‘December 31, 21 2029’’; and 22 (D) in paragraph (13), in the matter pre-23 ceding subparagraph (A), by striking ‘‘January 24 31, 2025’’ and inserting ‘‘January 31, 2030’’. 25 155 •S 2438 RS (e) PARTNERVETTING.—Prior to initiating a partner 1 vetting program, providing a direct vetting option, or mak-2 ing a significant change to the scope of an existing partner 3 vetting program, the Secretary of State and USAID Ad-4 ministrator, as appropriate, shall consult with the Com-5 mittees on Appropriations: Provided, That the Secretary 6 and the Administrator shall provide a direct vetting option 7 for prime awardees in any partner vetting program initi-8 ated or significantly modified after the date of enactment 9 of this Act, unless the Secretary of State or USAID Ad-10 ministrator, as applicable, informs the Committees on Ap-11 propriations on a case-by-case basis that a direct vetting 12 option is not feasible for such program. 13 (f) C ONTINGENCIES.—During fiscal year 2024, the 14 President may use up to $145,000,000 under the author-15 ity of section 451 of the Foreign Assistance Act of 1961, 16 notwithstanding any other provision of law. 17 (g) I NTERNATIONALCHILDABDUCTIONS.—The Sec-18 retary of State should withhold funds appropriated under 19 title III of this Act for assistance for the central govern-20 ment of any country that is not taking appropriate steps 21 to comply with the Convention on the Civil Aspects of 22 International Child Abductions, done at the Hague on Oc-23 tober 25, 1980: Provided, That the Secretary shall report 24 156 •S 2438 RS to the Committees on Appropriations within 15 days of 1 withholding funds under this subsection. 2 (h) T RANSFER OF FUNDS FOR EXTRAORDINARY 3 P ROTECTION.—The Secretary of State may transfer to, 4 and merge with, funds under the heading ‘‘Protection of 5 Foreign Missions and Officials’’ unobligated balances of 6 expired funds appropriated under the heading ‘‘Diplomatic 7 Programs’’ for fiscal year 2024, at no later than the end 8 of the fifth fiscal year after the last fiscal year for which 9 such funds are available for the purposes for which appro-10 priated: Provided, That not more than $50,000,000 may 11 be transferred. 12 (i) P ROTECTIONS AND REMEDIES FOREMPLOYEES 13 OFDIPLOMATICMISSIONS ANDINTERNATIONALORGANI-14 ZATIONS.—The terms and conditions of section 7034(k) 15 of the Department of State, Foreign Operations, and Re-16 lated Programs Appropriations Act, 2020 (division G of 17 Public Law 116–94) shall continue in effect during fiscal 18 year 2023. 19 (j) P ERSONNEL.—Funds appropriated under the 20 headings ‘‘Diplomatic Programs’’ and ‘‘Migration and 21 Refugee Assistance’’ may be used to carry out section 2(c) 22 of the State Department Basic Authorities Act of 1956 23 (22 U.S.C. 2669(c)), section 636(a)(3) of the Foreign As-24 sistance Act of 1961 (22 U.S.C. 2396(a)(3)), and section 25 157 •S 2438 RS 5(a)(6) of the Migration and Refugee Assistance Act of 1 1962 (22 U.S.C. 2605(a)(6)), as appropriate, for employ-2 ing up to 200 individuals domestically without regard to 3 the geographic limitation referenced in such sections, fol-4 lowing consultation with the Committees on Appropria-5 tions: Provided, That funds under the heading ‘‘Migration 6 and Refugee Assistance’’ used for purposes of this sub-7 section shall only be used to employ up to 50 individuals 8 domestically who are assigned to the Bureau of Popu-9 lation, Refugees, and Migration. 10 (k) I MPACT ONJOBS.—Section 7056 of the Depart-11 ment of State, Foreign Operations, and Related Programs 12 Appropriations Act, 2021 (division K of Public Law 116– 13 260) shall continue in effect during fiscal year 2024. 14 (l) E XTENSION OFAUTHORITIES.— 15 (1) I NCENTIVES FOR CRITICAL POSTS .—The 16 authority contained in section 1115(d) of the Sup-17 plemental Appropriations Act, 2009 (Public Law 18 111–32) shall remain in effect through September 19 30, 2024. 20 (2) C ATEGORICAL ELIGIBILITY.—The Foreign 21 Operations, Export Financing, and Related Pro-22 grams Appropriations Act, 1990 (Public Law 101– 23 167) is amended— 24 158 •S 2438 RS (A) in section 599D (8 U.S.C. 1157 1 note)— 2 (i) in subsection (b)(3), by striking 3 ‘‘and 2023’’ and inserting ‘‘2023, and 4 2024’’; and 5 (ii) in subsection (e), by striking 6 ‘‘2023’’ each place it appears and inserting 7 ‘‘2024’’; and 8 (B) in section 599E(b)(2) (8 U.S.C. 1255 9 note), by striking ‘‘2023’’ and inserting 10 ‘‘2024’’. 11 (3) S PECIAL INSPECTOR GENERAL FOR AF -12 GHANISTAN RECONSTRUCTION COMPETITIVE STA -13 TUS.—Notwithstanding any other provision of law, 14 any employee of the Special Inspector General for 15 Afghanistan Reconstruction (SIGAR) who completes 16 at least 12 months of continuous service after enact-17 ment of this Act or who is employed on the date on 18 which SIGAR terminates, whichever occurs first, 19 shall acquire competitive status for appointment to 20 any position in the competitive service for which the 21 employee possesses the required qualifications. 22 (4) T RANSFER OF BALANCES .—Section 7081(h) 23 of the Department of State, Foreign Operations, and 24 Related Programs Appropriations Act, 2017 (divi-25 159 •S 2438 RS sion J of Public Law 115–31) shall continue in ef-1 fect during fiscal year 2024. 2 (5) P ROTECTIVE SERVICES.—(A) Section 7071 3 of the Department of State, Foreign Operations, and 4 Related Programs Appropriations Act, 2022 (divi-5 sion K of Public Law 117–103) shall continue in ef-6 fect during fiscal year 2024 and shall be applied to 7 funds appropriated by this Act by substituting 8 ‘‘$40,000,000’’ for ‘‘$30,000,000’’. 9 (B) Funds appropriated by this Act under the 10 heading ‘‘Diplomatic Programs’’ may be made avail-11 able for premium pay during fiscal year 2024 for in-12 dividuals employed by, and conducting protective 13 services on behalf of, the Diplomatic Security Serv-14 ice, notwithstanding any other provision of law: Pro-15 vided, That the aggregate of the employee’s basic 16 pay and premium pay for the year shall not exceed 17 the annual rate of basic pay for level II of the Exec-18 utive Schedule under section 5313 of title 5, United 19 States Code. 20 (m) M ONITORING ANDEVALUATION.— 21 (1) B ENEFICIARY FEEDBACK .—Funds appro-22 priated by this Act that are made available for moni-23 toring and evaluation of assistance under the head-24 ings ‘‘Development Assistance’’, ‘‘International Dis-25 160 •S 2438 RS aster Assistance’’, and ‘‘Migration and Refugee As-1 sistance’’ shall be made available for the regular and 2 systematic collection of feedback obtained directly 3 from beneficiaries to enhance the quality and rel-4 evance of such assistance: Provided, That not later 5 than 90 days after the date of enactment of this 6 Act, the Secretary of State and USAID Adminis-7 trator shall submit to the Committees on Appropria-8 tions, and post on their respective websites, updated 9 procedures for implementing partners that receive 10 funds under such headings for regularly and system-11 atically collecting and responding to such feedback, 12 including guidelines for the reporting on actions 13 taken in response to the feedback received: Provided 14 further, That the Secretary of State and USAID Ad-15 ministrator shall regularly— 16 (A) conduct oversight to ensure that such 17 feedback is regularly collected and used by im-18 plementing partners to maximize the cost-effec-19 tiveness and utility of such assistance; and 20 (B) consult with the Committees on Appro-21 priations on the results of such oversight. 22 (2) E VALUATIONS.—Of the funds appropriated 23 by this Act under titles III and IV, not less than 24 $15,000,000, to remain available until expended, 25 161 •S 2438 RS shall be made available for impact evaluations, in-1 cluding ex-post evaluations, of the effectiveness and 2 sustainability of United States Government-funded 3 assistance programs: Provided, That of the funds 4 made available pursuant to this paragraph, 5 $10,000,000 shall be administered by the Office of 6 the Chief Economist, USAID, for costs of relevant 7 activities and personnel: Provided further, That such 8 funds are in addition to funds otherwise made avail-9 able for such purposes. 10 (n) HIV/AIDS W ORKINGCAPITALFUND.—Funds 11 available in the HIV/AIDS Working Capital Fund estab-12 lished pursuant to section 525(b)(1) of the Foreign Oper-13 ations, Export Financing, and Related Programs Appro-14 priations Act, 2005 (Public Law 108–447) may be made 15 available for pharmaceuticals and other products for child 16 survival, malaria, tuberculosis, and emerging infectious 17 diseases to the same extent as HIV/AIDS pharmaceuticals 18 and other products, subject to the terms and conditions 19 in such section: Provided, That the authority in section 20 525(b)(5) of the Foreign Operations, Export Financing, 21 and Related Programs Appropriation Act, 2005 (Public 22 Law 108–447) shall be exercised by the Assistant Admin-23 istrator for Global Health, USAID, with respect to funds 24 deposited for such non-HIV/AIDS pharmaceuticals and 25 162 •S 2438 RS other products, and shall be subject to the regular notifica-1 tion procedures of the Committees on Appropriations: Pro-2 vided further, That the Secretary of State shall include 3 in the congressional budget justification an accounting of 4 budgetary resources, disbursements, balances, and reim-5 bursements related to such fund. 6 (o) B ACK-UPCARE.—Of the funds appropriated or 7 otherwise made available under the headings ‘‘Diplomatic 8 Programs’’ and ‘‘Operating Expenses’’ in this Act and 9 prior Acts making appropriations for the Department of 10 State, foreign operations, and related programs, up to 11 $4,000,000 may be used for unanticipated non-medical 12 care, including childcare and eldercare, for USAID and 13 Department of State staff members and their family mem-14 bers, including through the provision of such services, re-15 ferrals to care providers, and reimbursement of reasonable 16 expenses for such services. 17 (p) L OCALWORKS.— 18 (1) F UNDING.—Of the funds appropriated by 19 this Act under the headings ‘‘Development Assist-20 ance’’ and ‘‘Economic Support Fund’’, not less than 21 $100,000,000 shall be made available for Local 22 Works pursuant to section 7080 of the Department 23 of State, Foreign Operations, and Related Programs 24 Appropriations Act, 2015 (division J of Public Law 25 163 •S 2438 RS 113–235), which may remain available until Sep-1 tember 30, 2028. 2 (2) E LIGIBLE ENTITIES.—For the purposes of 3 section 7080 of the Department of State, Foreign 4 Operations, and Related Programs Appropriations 5 Act, 2015 (division J of Public Law 113–235), ‘‘eli-6 gible entities’’ shall be defined as small local, inter-7 national, and United States-based nongovernmental 8 organizations, educational institutions, and other 9 small entities that have received less than a total of 10 $5,000,000 from USAID over the previous 5 fiscal 11 years: Provided, That departments or centers of 12 such educational institutions may be considered indi-13 vidually in determining such eligibility. 14 (q) E XTENSION OF PROCUREMENT AUTHORITY.— 15 Section 7077 of the Department of State, Foreign Oper-16 ations, and Related Programs Appropriations Act, 2012 17 (division I of Public Law 112–74) shall continue in effect 18 during fiscal year 2024. 19 (r) S ECTION889.—For the purposes of obligations 20 and expenditures made with funds appropriated by this 21 Act and prior Acts making appropriations for the Depart-22 ment of State, foreign operations, and related programs, 23 the waiver authority in section 889(d)(2) of the John S. 24 McCain National Defense Authorization Act for Fiscal 25 164 •S 2438 RS Year 2019 (Public Law 115–232) may also be available 1 to the Secretary of State, following consultation with the 2 Director of National Intelligence: Provided, That not later 3 than 60 days after the date of enactment of this Act, the 4 Secretary of State shall submit to the appropriate congres-5 sional committees a report detailing the use of the author-6 ity of this subsection since the date of enactment of this 7 Act, which shall include the scope and duration of any 8 waiver granted, the entity covered by such waiver, and a 9 detailed description of the national security interest 10 served: Provided further, That such report shall be up-11 dated every 60 days until September 30, 2025. 12 (s) S TAFFCARESERVICES FORAFGHANNATION-13 ALS.—Funds appropriated by this Act and prior acts mak-14 ing appropriations for the Department of State, foreign 15 operations, and related programs, that are made available 16 to carry out section 7901 of title 5, United States Code, 17 may be used by USAID to provide services to individuals 18 who have served as locally employed staff of the USAID 19 mission in Afghanistan: Provided, That the authority pro-20 vided in this subsection shall expire on September 30, 21 2024. 22 (t) D IPLOMATICFACILITIES.—Section 305 of Public 23 Law 100–459 is repealed. 24 (u) D EFINITIONS.— 25 165 •S 2438 RS (1) APPROPRIATE CONGRESSIONAL COMMIT -1 TEES.—Unless otherwise defined in this Act, for 2 purposes of this Act the term ‘‘appropriate congres-3 sional committees’’ means the Committees on Appro-4 priations and Foreign Relations of the Senate and 5 the Committees on Appropriations and Foreign Af-6 fairs of the House of Representatives. 7 (2) F UNDS APPROPRIATED BY THIS ACT AND 8 PRIOR ACTS.—Unless otherwise defined in this Act, 9 for purposes of this Act the term ‘‘funds appro-10 priated by this Act and prior Acts making appro-11 priations for the Department of State, foreign oper-12 ations, and related programs’’ means funds that re-13 main available for obligation, and have not expired. 14 (3) I NTERNATIONAL FINANCIAL INSTITU -15 TIONS.—In this Act ‘‘international financial institu-16 tions’’ means the International Bank for Recon-17 struction and Development, the International Devel-18 opment Association, the International Finance Cor-19 poration, the Inter-American Development Bank, the 20 International Monetary Fund, the International 21 Fund for Agricultural Development, the Asian De-22 velopment Bank, the Asian Development Fund, the 23 Inter-American Investment Corporation, the North 24 American Development Bank, the European Bank 25 166 •S 2438 RS for Reconstruction and Development, the African 1 Development Bank, the African Development Fund, 2 and the Multilateral Investment Guarantee Agency. 3 (4) P ACIFIC ISLANDS COUNTRIES .—In this Act, 4 the term ‘‘Pacific Islands countries’’ means the Cook 5 Islands, the Republic of Fiji, the Republic of 6 Kiribati, the Republic of the Marshall Islands, the 7 Federated States of Micronesia, the Republic of 8 Nauru, Niue, the Republic of Palau, the Inde-9 pendent State of Papua New Guinea, the Inde-10 pendent State of Samoa, the Solomon Islands, the 11 Kingdom of Tonga, Tuvalu, and the Republic of 12 Vanuatu. 13 (5) S PEND PLAN.—In this Act, the term 14 ‘‘spend plan’’ means a plan for the uses of funds ap-15 propriated for a particular entity, country, program, 16 purpose, or account and which shall include, at a 17 minimum, a description of— 18 (A) realistic and sustainable goals, criteria 19 for measuring progress, and a timeline for 20 achieving such goals; 21 (B) amounts and sources of funds by ac-22 count; 23 (C) how such funds will complement other 24 ongoing or planned programs; and 25 167 •S 2438 RS (D) implementing partners, to the max-1 imum extent practicable. 2 (6) S UCCESSOR OPERATING UNIT .—Any ref-3 erence to a particular operating unit or office in this 4 Act or prior Acts making appropriations for the De-5 partment of State, foreign operations, and related 6 programs shall be deemed to include any successor 7 operating unit performing the same or similar func-8 tions. 9 (7) USAID.—In this Act, the term ‘‘USAID’’ 10 means the United States Agency for International 11 Development. 12 LAW ENFORCEMENT AND SECURITY 13 S EC. 7035. (a) ASSISTANCE.— 14 (1) C OMMUNITY-BASED POLICE ASSISTANCE .— 15 Funds made available under titles III and IV of this 16 Act to carry out the provisions of chapter 1 of part 17 I and chapters 4 and 6 of part II of the Foreign As-18 sistance Act of 1961, may be used, notwithstanding 19 section 660 of that Act, to enhance the effectiveness 20 and accountability of civilian police authority 21 through training and technical assistance in human 22 rights, the rule of law, anti-corruption, strategic 23 planning, and through assistance to foster civilian 24 police roles that support democratic governance, in-25 168 •S 2438 RS cluding assistance for programs to prevent conflict, 1 respond to disasters, address gender-based violence, 2 and foster improved police relations with the com-3 munities they serve. 4 (2) C OMBAT CASUALTY CARE .— 5 (A) Consistent with the objectives of the 6 Foreign Assistance Act of 1961 and the Arms 7 Export Control Act, funds appropriated by this 8 Act under the headings ‘‘Peacekeeping Oper-9 ations’’ and ‘‘Foreign Military Financing Pro-10 gram’’ shall be made available for combat cas-11 ualty training and equipment in an amount 12 above the prior fiscal year. 13 (B) The Secretary of State shall offer com-14 bat casualty care training and equipment as a 15 component of any package of lethal assistance 16 funded by this Act with funds appropriated 17 under the headings ‘‘Peacekeeping Operations’’ 18 and ‘‘Foreign Military Financing Program’’: 19 Provided, That the requirement of this subpara-20 graph shall apply to a country in conflict, un-21 less the Secretary determines that such country 22 has in place, to the maximum extent prac-23 ticable, functioning combat casualty care treat-24 ment and equipment that meets or exceeds the 25 169 •S 2438 RS standards recommended by the Committee on 1 Tactical Combat Casualty Care: Provided fur-2 ther, That any such training and equipment for 3 combat casualty care shall be made available 4 through an open and competitive process. 5 (3) T RAINING RELATED TO INTERNATIONAL 6 HUMANITARIAN LAW .—The Secretary of State shall 7 offer training related to the requirements of inter-8 national humanitarian law as a component of any 9 package of lethal assistance funded by this Act with 10 funds appropriated under the headings ‘‘Peace-11 keeping Operations’’ and ‘‘Foreign Military Financ-12 ing Program’’: Provided, That the requirement of 13 this paragraph shall not apply to a country that is 14 a member of the North Atlantic Treaty Organization 15 (NATO), is a major non-NATO ally designated by 16 section 517(b) of the Foreign Assistance Act of 17 1961, or is complying with international humani-18 tarian law: Provided further, That any such training 19 shall be made available through an open and com-20 petitive process. 21 (4) I NTERNATIONAL PRISON CONDITIONS .— 22 Funds appropriated by this Act under the headings 23 ‘‘Development Assistance’’, ‘‘Economic Support 24 Fund’’, and ‘‘International Narcotics Control and 25 170 •S 2438 RS Law Enforcement’’ shall be made available for as-1 sistance to eliminate inhumane conditions in foreign 2 prisons and other detention facilities, notwith-3 standing section 660 of the Foreign Assistance Act 4 of 1961: Provided, That the Secretary of State and 5 the USAID Administrator shall consult with the 6 Committees on Appropriations on the proposed uses 7 of such funds prior to obligation and not later than 8 60 days after the date of enactment of this Act: Pro-9 vided further, That such funds shall be in addition 10 to funds otherwise made available by this Act for 11 such purpose. 12 (b) A UTHORITIES.— 13 (1) R ECONSTITUTING CIVILIAN POLICE AU -14 THORITY.—In providing assistance with funds ap-15 propriated by this Act under section 660(b)(6) of 16 the Foreign Assistance Act of 1961, support for a 17 nation emerging from instability may be deemed to 18 mean support for regional, district, municipal, or 19 other sub-national entity emerging from instability, 20 as well as a nation emerging from instability. 21 (2) D ISARMAMENT, DEMOBILIZATION, AND RE-22 INTEGRATION.—Section 7034(d) of the Department 23 of State, Foreign Operations, and Related Programs 24 Appropriations Act, 2015 (division J of Public Law 25 171 •S 2438 RS 113–235) shall continue in effect during fiscal year 1 2024. 2 (3) C OMMERCIAL LEASING OF DEFENSE ARTI -3 CLES.—Notwithstanding any other provision of law, 4 and subject to the regular notification procedures of 5 the Committees on Appropriations, the authority of 6 section 23(a) of the Arms Export Control Act (22 7 U.S.C. 2763) may be used to provide financing to 8 Israel, Egypt, the North Atlantic Treaty Organiza-9 tion (NATO), and major non-NATO allies for the 10 procurement by leasing (including leasing with an 11 option to purchase) of defense articles from United 12 States commercial suppliers, not including Major 13 Defense Equipment (other than helicopters and 14 other types of aircraft having possible civilian appli-15 cation), if the President determines that there are 16 compelling foreign policy or national security reasons 17 for those defense articles being provided by commer-18 cial lease rather than by government-to-government 19 sale under such Act. 20 (4) S PECIAL DEFENSE ACQUISITION FUND .— 21 Not to exceed $900,000,000 may be obligated pursu-22 ant to section 51(c)(2) of the Arms Export Control 23 Act (22 U.S.C. 2795(c)(2)) for the purposes of the 24 Special Defense Acquisition Fund (the Fund), to re-25 172 •S 2438 RS main available for obligation until September 30, 1 2025: Provided, That the provision of defense arti-2 cles and defense services to foreign countries or 3 international organizations from the Fund shall be 4 subject to the concurrence of the Secretary of State. 5 (5) R EPROGRAMMING.—Notwithstanding any 6 other provision of law or regulation, equipment pro-7 cured with funds appropriated in prior Acts making 8 appropriations for the Department of State, foreign 9 operations, and related programs under the heading 10 ‘‘Pakistan Counterinsurgency Capability Fund’’ may 11 be used for any other program and in any region, 12 but should be transferred, to the maximum extent 13 practicable, to Ukraine and Taiwan on an urgent 14 basis: Provided, That any such transfer shall be sub-15 ject to prior consultation with, and the regular noti-16 fication procedures of, the Committees on Appro-17 priations. 18 (c) L IMITATIONS.— 19 (1) C HILD SOLDIERS.—Funds appropriated by 20 this Act should not be used to support any military 21 training or operations that include child soldiers. 22 (2) L ANDMINES AND CLUSTER MUNITIONS .— 23 (A) L ANDMINES.—Notwithstanding any 24 other provision of law, demining equipment 25 173 •S 2438 RS available to the United States Agency for Inter-1 national Development and the Department of 2 State and used in support of the clearance of 3 landmines and unexploded ordnance for human-4 itarian purposes may be disposed of on a grant 5 basis in foreign countries, subject to such terms 6 and conditions as the Secretary of State may 7 prescribe. 8 (B) C LUSTER MUNITIONS .—No military 9 assistance shall be furnished for cluster muni-10 tions, no defense export license for cluster mu-11 nitions may be issued, and no cluster munitions 12 or cluster munitions technology shall be sold or 13 transferred, unless— 14 (i) the submunitions of the cluster 15 munitions, after arming, do not result in 16 more than 1 percent unexploded ordnance 17 across the range of intended operational 18 environments, and the agreement applica-19 ble to the assistance, transfer, or sale of 20 such cluster munitions or cluster munitions 21 technology specifies that the cluster muni-22 tions will only be used against clearly de-23 fined military targets and will not be used 24 174 •S 2438 RS where civilians are known to be present or 1 in areas normally inhabited by civilians; or 2 (ii) such assistance, license, sale, or 3 transfer is for the purpose of demilitarizing 4 or permanently disposing of such cluster 5 munitions. 6 (3) C ROWD CONTROL .—If the Secretary of 7 State has information that a unit of a foreign secu-8 rity force uses excessive force to repress peaceful ex-9 pression or assembly concerning corruption, harm to 10 the environment or human health, or the fairness of 11 electoral processes, or in countries that are undemo-12 cratic or undergoing democratic transition, the Sec-13 retary shall promptly determine if such information 14 is credible: Provided, That if the information is de-15 termined to be credible, funds appropriated by this 16 Act should not be used for tear gas, small arms, 17 light weapons, ammunition, or other items for crowd 18 control purposes for such unit, unless the Secretary 19 of State determines that the foreign government is 20 taking effective measures to bring the responsible 21 members of such unit to justice. 22 (4) O VERSIGHT AND ACCOUNTABILITY .— 23 (A) Prior to the signing of a new Letter of 24 Offer and Acceptance (LOA) involving funds 25 175 •S 2438 RS appropriated under the heading ‘‘Foreign Mili-1 tary Financing Program’’, the Secretary of 2 State shall consult with each recipient govern-3 ment to ensure that the LOA between the 4 United States and such recipient government 5 complies with the purposes of section 4 of the 6 Arms Export Control Act (22 U.S.C. 2754) and 7 that the defense articles, services, and training 8 procured with funds appropriated under such 9 heading are consistent with United States na-10 tional security policy. 11 (B) The Secretary of State shall promptly 12 inform the appropriate congressional commit-13 tees of any instance in which the Secretary of 14 State has credible information that such assist-15 ance was used in a manner contrary to such 16 agreement. 17 (d) O THERMATTERS.— 18 (1) S ECURITY ASSISTANCE REPORT .—Not later 19 than 120 days after the date of enactment of this 20 Act, the Secretary of State shall submit to the Com-21 mittees on Appropriations a report on funds obli-22 gated and expended during fiscal year 2023, by 23 country and purpose of assistance, under the head-24 ings ‘‘Peacekeeping Operations’’, ‘‘International 25 176 •S 2438 RS Military Education and Training’’, and ‘‘Foreign 1 Military Financing Program’’. 2 (2) A NNUAL FOREIGN MILITARY TRAINING RE -3 PORT.—For the purposes of implementing section 4 656 of the Foreign Assistance Act of 1961, the term 5 ‘‘military training provided to foreign military per-6 sonnel by the Department of Defense and the De-7 partment of State’’ shall be deemed to include all 8 military training provided by foreign governments 9 with funds appropriated to the Department of De-10 fense or the Department of State, except for train-11 ing provided by the government of a country des-12 ignated by section 517(b) of such Act (22 U.S.C. 13 2321k(b)) as a major non-North Atlantic Treaty Or-14 ganization ally: Provided, That such third-country 15 training shall be clearly identified in the report sub-16 mitted pursuant to section 656 of such Act. 17 (3) L EAHY LAW.—For purposes of imple-18 menting section 620M of the Foreign Assistance Act 19 of 1961, the term ‘‘credible information’’ means in-20 formation that, considering the source of such infor-21 mation and the surrounding circumstances, supports 22 a reasonable belief that a violation has occurred, and 23 shall not be determined solely on the basis of the 24 number of sources; whether the source has been crit-25 177 •S 2438 RS ical of a policy of the United States Government or 1 its security partners; whether the source has a per-2 sonal connection to the information being reported; 3 or whether the United States Government is able to 4 independently verify the information. 5 COUNTERING THE FLOW OF FENTANYL AND OTHER 6 SYNTHETIC DRUGS 7 S EC. 7036. (a) ASSISTANCE.—Of the funds appro-8 priated by this Act under the headings ‘‘Economic Sup-9 port Fund’’ and ‘‘International Narcotics Control and 10 Law Enforcement’’, not less than $125,000,000 shall be 11 made available for programs to counter the flow of 12 fentanyl, fentanyl precursors, and other synthetic drugs 13 into the United States: Provided, That such funds shall 14 be in addition to funds otherwise made available for such 15 purposes. 16 (b) U SES OFFUNDS.—Funds made available pursu-17 ant to subsection (a) shall be made available to support— 18 (1) efforts to stop the flow of fentanyl, fentanyl 19 precursors, and other synthetic drugs and their pre-20 cursor materials from the People’s Republic of 21 China (PRC) to the United States, including 22 through other countries and across the United 23 States-Mexico border; 24 178 •S 2438 RS (2) engagement, including through multilateral 1 organizations and frameworks, to catalyze collective 2 action to address the public health and security 3 threats posed by fentanyl, fentanyl precursors, and 4 other synthetic drugs, including through the Global 5 Coalition to Address Synthetic Drug Threats; 6 (3) law enforcement cooperation and capacity 7 building efforts aimed at disrupting and dismantling 8 transnational criminal organizations involved in the 9 production and trafficking of fentanyl, fentanyl pre-10 cursors, and other synthetic drugs; and 11 (4) implementation of the Fighting Emerging 12 Narcotics Through Additional Nations to Yield Last-13 ing Results Act (part 7 of subtitle C of the James 14 M. Inhofe National Defense Authorization Act for 15 Fiscal Year 2023, Public Law 117–263). 16 (c) C OUNTERFENTANYLCOORDINATOR.—The Sec-17 retary of State shall designate an existing senior official 18 of the Department of State at the rank of Deputy Assist-19 ant Secretary or above as the Counter Fentanyl Coordi-20 nator, whose responsibilities shall include— 21 (1) ensuring that funds made available pursu-22 ant to subsection (a) are implemented in a targeted 23 and effective manner, including by providing policy 24 guidance and coordination; and 25 179 •S 2438 RS (2) coordinating diplomatic engagement and 1 other activities with the heads of other relevant Fed-2 eral agencies and domestic and international stake-3 holders. 4 (d) R EPORT.—The Coordinator established pursuant 5 to subsection (c) shall, in consultation with the heads of 6 other relevant Federal agencies and not later than 45 days 7 after the date of enactment of this Act, submit a report 8 to the appropriate congressional committees detailing and 9 assessing the cooperation of the PRC in countering the 10 flow of fentanyl, fentanyl precursors, and other synthetic 11 drugs, and describing actions taken by the United States 12 in coordination with other countries to engage the PRC 13 on taking concrete and measurable steps to stop the flow 14 of fentanyl, fentanyl precursors, and other synthetic drugs 15 from the PRC to other countries: Provided, That such re-16 port shall be updated and resubmitted quarterly thereafter 17 until September 30, 2024. 18 PALESTINIAN STATEHOOD 19 S EC. 7037. (a) LIMITATION ONASSISTANCE.—None 20 of the funds appropriated under titles III through VI of 21 this Act may be provided to support a Palestinian state 22 unless the Secretary of State determines and certifies to 23 the appropriate congressional committees that— 24 180 •S 2438 RS (1) the governing entity of a new Palestinian 1 state— 2 (A) has demonstrated a firm commitment 3 to peaceful co-existence with the State of Israel; 4 and 5 (B) is taking appropriate measures to 6 counter terrorism and terrorist financing in the 7 West Bank and Gaza, including the dismantling 8 of terrorist infrastructures, and is cooperating 9 with appropriate Israeli and other appropriate 10 security organizations; and 11 (2) the Palestinian Authority (or the governing 12 entity of a new Palestinian state) is working with 13 other countries in the region to vigorously pursue ef-14 forts to establish a just, lasting, and comprehensive 15 peace in the Middle East that will enable Israel and 16 an independent Palestinian state to exist within the 17 context of full and normal relationships, which 18 should include— 19 (A) termination of all claims or states of 20 belligerency; 21 (B) respect for and acknowledgment of the 22 sovereignty, territorial integrity, and political 23 independence of every state in the area through 24 181 •S 2438 RS measures including the establishment of demili-1 tarized zones; 2 (C) their right to live in peace within se-3 cure and recognized boundaries free from 4 threats or acts of force; 5 (D) freedom of navigation through inter-6 national waterways in the area; and 7 (E) a framework for achieving a just set-8 tlement of the refugee problem. 9 (b) S ENSE OFCONGRESS.—It is the sense of Con-10 gress that the governing entity should enact a constitution 11 assuring the rule of law, an independent judiciary, and 12 respect for human rights for its citizens, and should enact 13 other laws and regulations assuring transparent and ac-14 countable governance. 15 (c) W AIVER.—The President may waive subsection 16 (a) if the President determines that it is important to the 17 national security interest of the United States to do so. 18 (d) E XEMPTION.—The restriction in subsection (a) 19 shall not apply to assistance intended to help reform the 20 Palestinian Authority and affiliated institutions, or the 21 governing entity, in order to help meet the requirements 22 of subsection (a), consistent with the provisions of section 23 7040 of this Act (‘‘Limitation on Assistance for the Pales-24 tinian Authority’’). 25 182 •S 2438 RS PROHIBITION ON ASSISTANCE TO THE PALESTINIAN 1 BROADCASTING CORPORATION 2 S EC. 7038. None of the funds appropriated or other-3 wise made available by this Act may be used to provide 4 equipment, technical support, consulting services, or any 5 other form of assistance to the Palestinian Broadcasting 6 Corporation. 7 ASSISTANCE FOR THE WEST BANK AND GAZA 8 S EC. 7039. (a) OVERSIGHT.—For fiscal year 2024, 9 30 days prior to the initial obligation of funds for the bi-10 lateral West Bank and Gaza Program, the Secretary of 11 State shall certify to the Committees on Appropriations 12 that procedures have been established to assure the Comp-13 troller General of the United States will have access to 14 appropriate United States financial information in order 15 to review the uses of United States assistance for the Pro-16 gram funded under the heading ‘‘Economic Support 17 Fund’’ for the West Bank and Gaza. 18 (b) V ETTING.—Prior to the obligation of funds ap-19 propriated by this Act under the heading ‘‘Economic Sup-20 port Fund’’ for assistance for the West Bank and Gaza, 21 the Secretary of State shall take all appropriate steps to 22 ensure that such assistance is not provided to or through 23 any individual, private or government entity, or edu-24 cational institution that the Secretary knows or has reason 25 183 •S 2438 RS to believe advocates, plans, sponsors, engages in, or has 1 engaged in, terrorist activity nor, with respect to private 2 entities or educational institutions, those that have as a 3 principal officer of the entity’s governing board or gov-4 erning board of trustees any individual that has been de-5 termined to be involved in, or advocating terrorist activity 6 or determined to be a member of a designated foreign ter-7 rorist organization: Provided, That the Secretary of State 8 shall, as appropriate, establish procedures specifying the 9 steps to be taken in carrying out this subsection and shall 10 terminate assistance to any individual, entity, or edu-11 cational institution which the Secretary has determined to 12 be involved in or advocating terrorist activity. 13 (c) P ROHIBITION.— 14 (1) R ECOGNITION OF ACTS OF TERRORISM .— 15 None of the funds appropriated under titles III 16 through VI of this Act for assistance under the West 17 Bank and Gaza Program may be made available 18 for— 19 (A) the purpose of recognizing or otherwise 20 honoring individuals who commit, or have com-21 mitted acts of terrorism; and 22 (B) any educational institution located in 23 the West Bank or Gaza that is named after an 24 184 •S 2438 RS individual who the Secretary of State deter-1 mines has committed an act of terrorism. 2 (2) S ECURITY ASSISTANCE AND REPORTING RE -3 QUIREMENT.—Notwithstanding any other provision 4 of law, none of the funds made available by this or 5 prior appropriations Acts, including funds made 6 available by transfer, may be made available for obli-7 gation for security assistance for the West Bank and 8 Gaza until the Secretary of State reports to the 9 Committees on Appropriations on— 10 (A) the benchmarks that have been estab-11 lished for security assistance for the West Bank 12 and Gaza and on the extent of Palestinian com-13 pliance with such benchmarks; and 14 (B) the steps being taken by the Pales-15 tinian Authority to end torture and other cruel, 16 inhuman, and degrading treatment of detainees, 17 including by bringing to justice members of 18 Palestinian security forces who commit such 19 crimes. 20 (d) O VERSIGHT BY THE UNITEDSTATESAGENCY 21 FORINTERNATIONALDEVELOPMENT.— 22 (1) The Administrator of the United States 23 Agency for International Development shall ensure 24 that Federal or non-Federal audits of all contractors 25 185 •S 2438 RS and grantees, and significant subcontractors and 1 sub-grantees, under the West Bank and Gaza Pro-2 gram, are conducted at least on an annual basis to 3 ensure, among other things, compliance with this 4 section. 5 (2) Of the funds appropriated by this Act, up 6 to $1,300,000 may be used by the Office of Inspec-7 tor General of the United States Agency for Inter-8 national Development for audits, investigations, and 9 other activities in furtherance of the requirements of 10 this subsection: Provided, That such funds are in ad-11 dition to funds otherwise available for such pur-12 poses. 13 (e) C OMPTROLLER GENERAL OF THE UNITED 14 S TATESAUDIT.—Subsequent to the certification specified 15 in subsection (a), the Comptroller General of the United 16 States shall conduct an audit and an investigation of the 17 treatment, handling, and uses of all funds for the bilateral 18 West Bank and Gaza Program, including all funds pro-19 vided as cash transfer assistance, in fiscal year 2024 20 under the heading ‘‘Economic Support Fund’’, and such 21 audit shall address— 22 (1) the extent to which such Program complies 23 with the requirements of subsections (b) and (c); 24 and 25 186 •S 2438 RS (2) an examination of all programs, projects, 1 and activities carried out under such Program, in-2 cluding both obligations and expenditures. 3 (f) N OTIFICATIONPROCEDURES.—Funds made 4 available in this Act for West Bank and Gaza shall be 5 subject to the regular notification procedures of the Com-6 mittees on Appropriations. 7 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN 8 AUTHORITY 9 S EC. 7040. (a) PROHIBITION OFFUNDS.—None of 10 the funds appropriated by this Act to carry out the provi-11 sions of chapter 4 of part II of the Foreign Assistance 12 Act of 1961 may be obligated or expended with respect 13 to providing funds to the Palestinian Authority. 14 (b) W AIVER.—The prohibition included in subsection 15 (a) shall not apply if the President certifies in writing to 16 the Speaker of the House of Representatives, the Presi-17 dent pro tempore of the Senate, and the Committees on 18 Appropriations that waiving such prohibition is important 19 to the national security interest of the United States. 20 (c) P ERIOD OFAPPLICATION OF WAIVER.—Any 21 waiver pursuant to subsection (b) shall be effective for no 22 more than a period of 6 months at a time and shall not 23 apply beyond 12 months after the enactment of this Act. 24 187 •S 2438 RS (d) REPORT.—Whenever the waiver authority pursu-1 ant to subsection (b) is exercised, the President shall sub-2 mit a report to the Committees on Appropriations detail-3 ing the justification for the waiver, the purposes for which 4 the funds will be spent, and the accounting procedures in 5 place to ensure that the funds are properly disbursed: Pro-6 vided, That the report shall also detail the steps the Pales-7 tinian Authority has taken to arrest terrorists, confiscate 8 weapons and dismantle the terrorist infrastructure. 9 (e) C ERTIFICATION.—If the President exercises the 10 waiver authority under subsection (b), the Secretary of 11 State must certify and report to the Committees on Ap-12 propriations prior to the obligation of funds that the Pal-13 estinian Authority has established a single treasury ac-14 count for all Palestinian Authority financing and all fi-15 nancing mechanisms flow through this account, no parallel 16 financing mechanisms exist outside of the Palestinian Au-17 thority treasury account, and there is a single comprehen-18 sive civil service roster and payroll, and the Palestinian 19 Authority is acting to counter incitement of violence 20 against Israelis and is supporting activities aimed at pro-21 moting peace, coexistence, and security cooperation with 22 Israel. 23 (f) P ROHIBITION TOHAMAS AND THE PALESTINE 24 L IBERATIONORGANIZATION.— 25 188 •S 2438 RS (1) None of the funds appropriated in titles III 1 through VI of this Act may be obligated for salaries 2 of personnel of the Palestinian Authority located in 3 Gaza or may be obligated or expended for assistance 4 to Hamas or any entity effectively controlled by 5 Hamas, any power-sharing government of which 6 Hamas is a member, or that results from an agree-7 ment with Hamas and over which Hamas exercises 8 undue influence. 9 (2) Notwithstanding the limitation of paragraph 10 (1), assistance may be provided to a power-sharing 11 government only if the President certifies and re-12 ports to the Committees on Appropriations that such 13 government, including all of its ministers or such 14 equivalent, has publicly accepted and is complying 15 with the principles contained in section 16 620K(b)(1)(A) and (B) of the Foreign Assistance 17 Act of 1961, as amended. 18 (3) The President may exercise the authority in 19 section 620K(e) of the Foreign Assistance Act of 20 1961, as added by the Palestinian Anti-Terrorism 21 Act of 2006 (Public Law 109–446) with respect to 22 this subsection. 23 (4) Whenever the certification pursuant to 24 paragraph (2) is exercised, the Secretary of State 25 189 •S 2438 RS shall submit a report to the Committees on Appro-1 priations within 120 days of the certification and 2 every quarter thereafter on whether such govern-3 ment, including all of its ministers or such equiva-4 lent are continuing to comply with the principles 5 contained in section 620K(b)(1)(A) and (B) of the 6 Foreign Assistance Act of 1961, as amended: Pro-7 vided, That the report shall also detail the amount, 8 purposes and delivery mechanisms for any assistance 9 provided pursuant to the abovementioned certifi-10 cation and a full accounting of any direct support of 11 such government. 12 (5) None of the funds appropriated under titles 13 III through VI of this Act may be obligated for as-14 sistance for the Palestine Liberation Organization. 15 MIDDLE EAST AND NORTH AFRICA 16 S EC. 7041. (a) EGYPT.— 17 (1) C ERTIFICATION AND REPORT .—Funds ap-18 propriated by this Act that are available for assist-19 ance for Egypt may be made available notwith-20 standing any other provision of law restricting as-21 sistance for Egypt, except for this subsection and 22 section 620M of the Foreign Assistance Act of 1961, 23 and may only be made available for assistance for 24 the Government of Egypt if the Secretary of State 25 190 •S 2438 RS certifies and reports to the Committees on Appro-1 priations that such government is— 2 (A) sustaining the strategic relationship 3 with the United States; and 4 (B) meeting its obligations under the 1979 5 Egypt-Israel Peace Treaty. 6 (2) E CONOMIC SUPPORT FUND .—Of the funds 7 appropriated by this Act under the heading ‘‘Eco-8 nomic Support Fund’’, not less than $125,000,000 9 shall be made available for assistance for Egypt, of 10 which not less than $40,000,000 should be made 11 available for higher education programs, including 12 not less than $15,000,000 for scholarships for Egyp-13 tian students with high financial need to attend not- 14 for-profit institutions of higher education in Egypt 15 that are currently accredited by a regional accred-16 iting agency recognized by the United States De-17 partment of Education, or meets standards equiva-18 lent to those required for United States institutional 19 accreditation by a regional accrediting agency recog-20 nized by such Department: Provided, That such 21 funds shall be made available for democracy pro-22 grams, and for development programs in the Sinai. 23 (3) F OREIGN MILITARY FINANCING PRO -24 GRAM.— 25 191 •S 2438 RS (A) CERTIFICATION.—Of the funds appro-1 priated by this Act under the heading ‘‘Foreign 2 Military Financing Program’’, $1,300,000,000, 3 to remain available until September 30, 2025, 4 should be made available for assistance for 5 Egypt: Provided, That such funds may be 6 transferred to an interest bearing account in 7 the Federal Reserve Bank of New York, fol-8 lowing consultation with the Committees on Ap-9 propriations, and the uses of any interest 10 earned on such funds shall be subject to the 11 regular notification procedures of the Commit-12 tees on Appropriations: Provided further, That 13 $225,000,000 of such funds shall be withheld 14 from obligation until the Secretary of State cer-15 tifies and reports to the Committees on Appro-16 priations that the Government of Egypt is tak-17 ing sustained and effective steps to— 18 (i) strengthen the rule of law, demo-19 cratic institutions, and human rights in 20 Egypt, including to protect religious mi-21 norities and the rights of women, which 22 are in addition to steps taken during the 23 previous calendar year for such purposes; 24 192 •S 2438 RS (ii) implement reforms that protect 1 freedoms of expression, association, and 2 peaceful assembly, including the ability of 3 civil society organizations, human rights 4 defenders, and the media to function with-5 out interference; 6 (iii) hold Egyptian security forces ac-7 countable, including officers credibly al-8 leged to have violated human rights; 9 (iv) investigate and prosecute cases of 10 extrajudicial killings and forced disappear-11 ances; 12 (v) provide regular access for United 13 States officials to monitor such assistance 14 in areas where the assistance is used; and 15 (vi) provide American citizens with 16 fair and commensurate compensation for 17 injuries and losses caused by the Egyptian 18 military. 19 (B) W AIVER.—The Secretary of State may 20 waive the certification requirement in subpara-21 graph (A) if the Secretary determines and re-22 ports to the Committees on Appropriations that 23 such funds are necessary for counterterrorism, 24 border security, or nonproliferation programs or 25 193 •S 2438 RS that it is otherwise important to the national 1 security interest of the United States to do so, 2 and submits a report to such Committees con-3 taining a detailed justification for the use of 4 such waiver and the reasons why any of the re-5 quirements of subparagraph (A) cannot be met: 6 Provided, That the report required by this para-7 graph shall be submitted in unclassified form, 8 but may be accompanied by a classified annex. 9 (C) In addition to the funds withheld pur-10 suant to subparagraph (A), $100,000,000 of 11 the funds made available pursuant to this para-12 graph shall be withheld from obligation until 13 the Secretary of State determines and reports 14 to the Committees on Appropriations that the 15 Government of Egypt is making clear and con-16 sistent progress in reducing the number of po-17 litical prisoners, providing detainees with due 18 process of law, and preventing the intimidation 19 and harassment of American citizens. 20 (b) I RAN.— 21 (1) F UNDING.—Funds appropriated by this Act 22 under the headings ‘‘Diplomatic Programs’’, ‘‘Eco-23 nomic Support Fund’’, and ‘‘Nonproliferation, Anti- 24 terrorism, Demining and Related Programs’’ shall 25 194 •S 2438 RS be made available for the programs and activities de-1 scribed under this section in the report accom-2 panying this Act. 3 (2) S ANCTIONS REPORT.—Not later than 180 4 days after the date of enactment of this Act, the 5 Secretary of State, in consultation with the Sec-6 retary of the Treasury, shall submit to the appro-7 priate congressional committees a report on— 8 (A) the status of United States bilateral 9 sanctions on Iran; 10 (B) the reimposition and renewed enforce-11 ment of secondary sanctions; and 12 (C) the impact such sanctions have had on 13 Iran’s destabilizing activities throughout the 14 Middle East. 15 (c) I RAQ.—Funds appropriated under titles III and 16 IV of this Act shall be made available for assistance for 17 Iraq for— 18 (1) bilateral economic assistance and inter-19 national security assistance, including in the 20 Kurdistan Region of Iraq; 21 (2) stabilization assistance, including in Anbar 22 Province; 23 (3) programs to support government trans-24 parency and accountability, support judicial inde-25 195 •S 2438 RS pendence, protect the right of due process, end the 1 use of torture, and combat corruption; 2 (4) humanitarian assistance, including in the 3 Kurdistan Region of Iraq; 4 (5) programs to protect and assist religious and 5 ethnic minority populations; and 6 (6) programs to increase United States private 7 sector investment. 8 (d) I SRAEL.—Of the funds appropriated by this Act 9 under the heading ‘‘Foreign Military Financing Pro-10 gram’’, not less than $3,300,000,000 shall be available for 11 grants only for Israel which shall be disbursed within 30 12 days of enactment of this Act: Provided, That to the extent 13 that the Government of Israel requests that funds be used 14 for such purposes, grants made available for Israel under 15 this heading shall, as agreed by the United States and 16 Israel, be available for advanced weapons systems, of 17 which not less than $725,300,000 shall be available for 18 the procurement in Israel of defense articles and defense 19 services, including research and development. 20 (e) J ORDAN.—Of the funds appropriated by this Act 21 under titles III and IV, not less than $1,650,000,000 shall 22 be made available for assistance for Jordan, of which not 23 less than $845,100,000 shall be made available for budget 24 support for the Government of Jordan and not less than 25 196 •S 2438 RS $425,000,000 shall be made available under the heading 1 ‘‘Foreign Military Financing Program’’. 2 (f) L EBANON.— 3 (1) A SSISTANCE.—Funds appropriated under 4 titles III and IV of this Act shall be made available 5 for assistance for Lebanon: Provided, That such 6 funds made available under the heading ‘‘Economic 7 Support Fund’’ may be made available notwith-8 standing section 1224 of the Foreign Relations Au-9 thorization Act, Fiscal Year 2003 (Public Law 107– 10 228; 22 U.S.C. 2346 note). 11 (2) S ECURITY ASSISTANCE.— 12 (A) Funds appropriated by this Act under 13 the headings ‘‘International Narcotics Control 14 and Law Enforcement’’ and ‘‘Foreign Military 15 Financing Program’’ that are made available 16 for assistance for Lebanon may be made avail-17 able for programs and equipment for the Leba-18 nese Internal Security Forces (ISF) and the 19 Lebanese Armed Forces (LAF) to address secu-20 rity and stability requirements in areas affected 21 by conflict in Syria, following consultation with 22 the appropriate congressional committees. 23 (B) Funds appropriated by this Act under 24 the heading ‘‘Foreign Military Financing Pro-25 197 •S 2438 RS gram’’ that are made available for assistance 1 for Lebanon may only be made available for 2 programs to— 3 (i) professionalize the LAF to miti-4 gate internal and external threats from 5 non-state actors, including Hizballah; 6 (ii) strengthen border security and 7 combat terrorism, including training and 8 equipping the LAF to secure the borders 9 of Lebanon and address security and sta-10 bility requirements in areas affected by 11 conflict in Syria, interdicting arms ship-12 ments, and preventing the use of Lebanon 13 as a safe haven for terrorist groups; and 14 (iii) implement United Nations Secu-15 rity Council Resolution 1701: 16 Provided, That prior to obligating funds made 17 available by this subparagraph for assistance 18 for the LAF, the Secretary of State shall sub-19 mit to the Committees on Appropriations a 20 spend plan, including actions to be taken to en-21 sure equipment provided to the LAF is used 22 only for the intended purposes, except such plan 23 may not be considered as meeting the notifica-24 tion requirements under section 7015 of this 25 198 •S 2438 RS Act or under section 634A of the Foreign As-1 sistance Act of 1961: Provided further, That 2 any notification submitted pursuant to such 3 section shall include any funds specifically in-4 tended for lethal military equipment. 5 (3) L IMITATION.—None of the funds appro-6 priated by this Act may be made available for the 7 ISF or the LAF if the ISF or the LAF is controlled 8 by a foreign terrorist organization, as designated 9 pursuant to section 219 of the Immigration and Na-10 tionality Act (8 U.S.C. 1189). 11 (g) L IBYA.—Of the funds appropriated under titles 12 III and IV of this Act, not less than $32,000,000 shall 13 be made available for stabilization assistance for Libya, 14 including support for a United Nations-facilitated political 15 process and border security: Provided, That the limitation 16 on the uses of funds for certain infrastructure projects in 17 section 7041(f)(2) of the Department of State, Foreign 18 Operations, and Related Programs Appropriations Act, 19 2014 (division K of Public Law 113–76) shall apply to 20 such funds: Provided further, That funds made available 21 by this Act for assistance for Libya shall be made available 22 for the purposes enumerated in section 509(a) of the Glob-23 al Fragility Act of 2019 (22 U.S.C. 9808). 24 199 •S 2438 RS (h) MOROCCO.—Funds appropriated under titles III 1 and IV of this Act shall be made available for assistance 2 for Morocco. 3 (i) S AUDIARABIA.— 4 (1) P ROHIBITION.—None of the funds appro-5 priated by this Act under the heading ‘‘International 6 Military Education and Training’’ may be made 7 available for assistance for the Government of Saudi 8 Arabia. 9 (2) E XPORT-IMPORT BANK.—None of the funds 10 appropriated or otherwise made available by this Act 11 and prior Acts making appropriations for the De-12 partment of State, foreign operations, and related 13 programs should be obligated or expended by the 14 Export-Import Bank of the United States to guar-15 antee, insure, or extend (or participate in the exten-16 sion of) credit in connection with the export of nu-17 clear technology, equipment, fuel, materials, or other 18 nuclear technology-related goods or services to Saudi 19 Arabia unless the Government of Saudi Arabia— 20 (A) has in effect a nuclear cooperation 21 agreement pursuant to section 123 of the 22 Atomic Energy Act of 1954 (42 U.S.C. 2153); 23 200 •S 2438 RS (B) has committed to renounce uranium 1 enrichment and reprocessing on its territory 2 under that agreement; and 3 (C) has signed and implemented an Addi-4 tional Protocol to its Comprehensive Safeguards 5 Agreement with the International Atomic En-6 ergy Agency. 7 (j) S YRIA.— 8 (1) N ON-LETHAL ASSISTANCE .—Funds appro-9 priated by this Act under titles III and IV may be 10 made available, notwithstanding any other provision 11 of law, for non-lethal stabilization assistance for 12 Syria, including for emergency medical and rescue 13 response and chemical weapons investigations. 14 (2) L IMITATIONS.—Funds made available pur-15 suant to paragraph (1) of this subsection— 16 (A) may not be made available for a 17 project or activity that supports or otherwise le-18 gitimizes the Government of Iran, foreign ter-19 rorist organizations (as designated pursuant to 20 section 219 of the Immigration and Nationality 21 Act (8 U.S.C. 1189)), or a proxy of Iran in 22 Syria; 23 (B) may not be made available for activi-24 ties that further the strategic objectives of the 25 201 •S 2438 RS Government of the Russian Federation that the 1 Secretary of State determines may threaten or 2 undermine United States national security in-3 terests; and 4 (C) should not be used in areas of Syria 5 controlled by a government led by Bashar al- 6 Assad or associated forces. 7 (3) U.S. GOVERNMENT AL-HOL ACTION PLAN.— 8 Of the funds appropriated under title III of this Act 9 and prior Acts making appropriations for the De-10 partment of State, foreign operations, and related 11 programs, not less than $25,000,000 shall be made 12 available to implement the ‘‘U.S. Government Al-Hol 13 Action Plan’’. 14 (4) C ONSULTATION AND NOTIFICATION .— 15 Funds made available pursuant to this subsection 16 may only be made available following consultation 17 with the appropriate congressional committees, and 18 shall be subject to the regular notification proce-19 dures of the Committees on Appropriations. 20 (k) T UNISIA.— 21 (1) A SSISTANCE.—Funds appropriated under 22 titles III and IV of this Act shall be made available 23 for assistance for Tunisia for programs to improve 24 economic growth and opportunity, support demo-25 202 •S 2438 RS cratic governance and civil society, protect due proc-1 ess of law, and maintain regional stability and secu-2 rity, following consultation with the Committees on 3 Appropriations. 4 (2) R EPORT.—Not later than 90 days after the 5 date of enactment of this Act, the Secretary of State 6 shall submit a report to the Committees on Appro-7 priations on the extent to which— 8 (A) the Government of Tunisia is imple-9 menting economic reforms, countering corrup-10 tion, and taking credible steps to restore con-11 stitutional order and democratic governance, in-12 cluding respecting freedoms of expression, asso-13 ciation, and the press, and the rights of mem-14 bers of political parties, that are in addition to 15 steps taken in the preceding fiscal year; 16 (B) the Government of Tunisia is main-17 taining the independence of the judiciary, inap-18 propriately utilizing military courts, and holding 19 security forces who commit human rights 20 abuses accountable; and 21 (C) the Tunisian military has remained an 22 apolitical and professional institution. 23 (l) W ESTBANK ANDGAZA.— 24 203 •S 2438 RS (1) ASSISTANCE.—Funds appropriated by this 1 Act under the heading ‘‘Economic Support Fund’’ 2 shall be made available for programs in the West 3 Bank and Gaza, which may include water, sanita-4 tion, and other infrastructure improvements. 5 (2) R EPORT ON ASSISTANCE .—Prior to the ini-6 tial obligation of funds made available by this Act 7 under the heading ‘‘Economic Support Fund’’ for 8 assistance for the West Bank and Gaza, the Sec-9 retary of State shall report to the Committees on 10 Appropriations that the purpose of such assistance 11 is to— 12 (A) advance Middle East peace; 13 (B) improve security in the region; 14 (C) continue support for transparent and 15 accountable government institutions; 16 (D) promote a private sector economy; or 17 (E) address urgent humanitarian needs. 18 (3) L IMITATIONS.— 19 (A)(i) None of the funds appropriated 20 under the heading ‘‘Economic Support Fund’’ 21 in this Act may be made available for assistance 22 for the Palestinian Authority, if after the date 23 of enactment of this Act— 24 204 •S 2438 RS (I) the Palestinians obtain the same 1 standing as member states or full member-2 ship as a state in the United Nations or 3 any specialized agency thereof outside an 4 agreement negotiated between Israel and 5 the Palestinians; or 6 (II) the Palestinians initiate an Inter-7 national Criminal Court (ICC) judicially 8 authorized investigation, or actively sup-9 port such an investigation, that subjects 10 Israeli nationals to an investigation for al-11 leged crimes against Palestinians. 12 (ii) The Secretary of State may waive the 13 restriction in clause (i) of this subparagraph re-14 sulting from the application of subclause (I) of 15 such clause if the Secretary certifies to the 16 Committees on Appropriations that to do so is 17 in the national security interest of the United 18 States, and submits a report to such Commit-19 tees detailing how the waiver and the continu-20 ation of assistance would assist in furthering 21 Middle East peace. 22 (B)(i) The President may waive the provi-23 sions of section 1003 of the Foreign Relations 24 Authorization Act, Fiscal Years 1988 and 1989 25 205 •S 2438 RS (Public Law 100–204) if the President deter-1 mines and certifies in writing to the Speaker of 2 the House of Representatives, the President pro 3 tempore of the Senate, and the appropriate con-4 gressional committees that the Palestinians 5 have not, after the date of enactment of this 6 Act— 7 (I) obtained in the United Nations or 8 any specialized agency thereof the same 9 standing as member states or full member-10 ship as a state outside an agreement nego-11 tiated between Israel and the Palestinians; 12 and 13 (II) initiated or actively supported an 14 ICC investigation against Israeli nationals 15 for alleged crimes against Palestinians. 16 (ii) Not less than 90 days after the Presi-17 dent is unable to make the certification pursu-18 ant to clause (i) of this subparagraph, the 19 President may waive section 1003 of Public 20 Law 100–204 if the President determines and 21 certifies in writing to the Speaker of the House 22 of Representatives, the President pro tempore 23 of the Senate, and the Committees on Appro-24 priations that the Palestinians have entered 25 206 •S 2438 RS into direct and meaningful negotiations with 1 Israel: Provided, That any waiver of the provi-2 sions of section 1003 of Public Law 100–204 3 under clause (i) of this subparagraph or under 4 previous provisions of law must expire before 5 the waiver under this clause may be exercised. 6 (iii) Any waiver pursuant to this subpara-7 graph shall be effective for no more than a pe-8 riod of 6 months at a time and shall not apply 9 beyond 12 months after the enactment of this 10 Act. 11 (4) A PPLICATION OF TAYLOR FORCE ACT .— 12 Funds appropriated by this Act under the heading 13 ‘‘Economic Support Fund’’ that are made available 14 for assistance for the West Bank and Gaza shall be 15 made available consistent with section 1004(a) of 16 the Taylor Force Act (title X of division S of Public 17 Law 115–141). 18 (5) S ECURITY REPORT.—The reporting require-19 ments in section 1404 of the Supplemental Appro-20 priations Act, 2008 (Public Law 110–252) shall 21 apply to funds made available by this Act, including 22 a description of modifications, if any, to the security 23 strategy of the Palestinian Authority. 24 207 •S 2438 RS (6) INCITEMENT REPORT .—Not later than 90 1 days after the date of enactment of this Act, the 2 Secretary of State shall submit a report to the ap-3 propriate congressional committees detailing steps 4 taken by the Palestinian Authority and the Govern-5 ment of Israel to counter incitement of violence and 6 to promote peace and coexistence between Israelis 7 and Palestinians. 8 AFRICA 9 S EC. 7042. (a) AFRICANGREATLAKESREGIONAS-10 SISTANCERESTRICTION.—Funds appropriated by this Act 11 under the heading ‘‘International Military Education and 12 Training’’ for the central government of a country in the 13 African Great Lakes region may be made available only 14 for Expanded International Military Education and Train-15 ing and professional military education until the Secretary 16 of State determines and reports to the Committees on Ap-17 propriations that such government is not facilitating or 18 otherwise participating in destabilizing activities in a 19 neighboring country, including aiding and abetting armed 20 groups. 21 (b) C OUNTERILLICITARMEDGROUPS.—Funds ap-22 propriated by this Act shall be made available for pro-23 grams and activities in areas affected by the Lord’s Re-24 sistance Army (LRA) or other illicit armed groups in 25 208 •S 2438 RS Eastern Democratic Republic of the Congo and the Cen-1 tral African Republic, including to improve physical ac-2 cess, telecommunications infrastructure, and early-warn-3 ing mechanisms and to support the disarmament, demobi-4 lization, and reintegration of former LRA combatants, es-5 pecially child soldiers. 6 (c) D EMOCRATICREPUBLIC OF THECONGO.—Funds 7 appropriated by this Act shall be made available for assist-8 ance for the Democratic Republic of the Congo (DRC) for 9 stabilization, democracy, global health, and bilateral eco-10 nomic assistance: Provided, That such funds shall also be 11 made available to support security, stabilization, develop-12 ment, and democracy in Eastern DRC: Provided further, 13 That funds appropriated by this Act under the headings 14 ‘‘Peacekeeping Operations’’ and ‘‘International Military 15 Education and Training’’ that are made available for such 16 purposes may be made available notwithstanding any 17 other provision of law, except section 620M of the Foreign 18 Assistance Act of 1961. 19 (d) E THIOPIA.—Funds appropriated by this Act that 20 are made available for assistance for Ethiopia should be 21 used to support— 22 (1) political dialogue; 23 (2) civil society and the protection of human 24 rights; 25 209 •S 2438 RS (3) investigations and prosecutions of gross vio-1 lations of human rights; and 2 (4) the provision and monitoring of humani-3 tarian assistance and the restoration of basic serv-4 ices in areas impacted by conflict, consistent with 5 the requirements under this heading in the report 6 accompanying this Act. 7 (e) S OUTHSUDAN.—None of the funds appropriated 8 by this Act under title IV may be made available for as-9 sistance for the central Government of South Sudan, ex-10 cept to support implementation of outstanding issues of 11 the Comprehensive Peace Agreement, mutual arrange-12 ments related to post-referendum issues associated with 13 such Agreement, or any other viable peace agreement in 14 South Sudan: Provided, That funds appropriated by this 15 Act and prior Acts making appropriations for the Depart-16 ment of State, foreign operations, and related programs 17 that are made available for any new program, project, or 18 activity in South Sudan shall be subject to prior consulta-19 tion with the appropriate congressional committees. 20 (f) S UDAN.— 21 (1) L IMITATION.—None of the funds appro-22 priated by this Act under title IV may be made 23 available for assistance for the central Government 24 of Sudan, except to support implementation of out-25 210 •S 2438 RS standing issues of the Comprehensive Peace Agree-1 ment, mutual arrangements related to post-ref-2 erendum issues associated with such Agreement, or 3 any other viable peace agreement in Sudan. 4 (2) C ONSULTATION.—Funds appropriated by 5 this Act and prior Acts making appropriations for 6 the Department of State, foreign operations, and re-7 lated programs that are made available for any pro-8 gram, project, or activity in Sudan shall be subject 9 to prior consultation with the appropriate congres-10 sional committees. 11 (g) Z IMBABWE.— 12 (1) I NSTRUCTION.—The Secretary of the Treas-13 ury shall instruct the United States executive direc-14 tor of each international financial institution to vote 15 against any extension by the respective institution of 16 any loan or grant to the Government of Zimbabwe, 17 except to meet basic human needs or to promote de-18 mocracy, unless the Secretary of State certifies and 19 reports to the Committees on Appropriations that 20 the rule of law has been restored, including respect 21 for ownership and title to property, and freedoms of 22 expression, association, and assembly. 23 (2) L IMITATION.—None of the funds appro-24 priated by this Act shall be made available for as-25 211 •S 2438 RS sistance for the central Government of Zimbabwe, 1 except for health and education, unless the Secretary 2 of State certifies and reports as required in para-3 graph (1). 4 EAST ASIA AND THE PACIFIC 5 S EC. 7043. (a) BURMA.— 6 (1) U SES OF FUNDS.—Of the funds appro-7 priated by this Act under the heading ‘‘Economic 8 Support Fund’’, not less than $121,000,000 shall be 9 made available for assistance for Burma for the pur-10 poses described in section 5575 of the Burma Act of 11 2022 (subtitle E of title LV of division E of Public 12 Law 117–263) and section 7043(a) of the Depart-13 ment of State, Foreign Operations, and Related Pro-14 grams Appropriations Act, 2023 (division K of Pub-15 lic Law 117–328): Provided, That the authorities, 16 limitations, and conditions contained in section 17 7043(a) of division K of Public Law 117–328 shall 18 continue in effect during fiscal year 2024: Provided 19 further, That for the purposes of section 5575 of the 20 Burma Act of 2022 and assistance for Burma made 21 available by this Act and prior Acts making appro-22 priations for the Department of State, foreign oper-23 ations, and related programs, ‘‘non-lethal assist-24 212 •S 2438 RS ance’’ shall include equipment and associated train-1 ing to support— 2 (A) atrocities prevention; 3 (B) the protection of civilians from mili-4 tary attack; 5 (C) the delivery of humanitarian assist-6 ance; 7 (D) investigations into genocide and 8 human rights violations committed by the Bur-9 mese military; 10 (E) local governance and the provision of 11 services in areas outside the control of the Bur-12 mese military; and 13 (F) medical trauma care, supplies, and 14 training. 15 (2) D ESERTER PROGRAMS .—Pursuant to sec-16 tion 7043(a)(1)(A) of division K of Public Law 117– 17 328, as continued in effect by this subsection, funds 18 appropriated by this Act and prior Acts making ap-19 propriations for the Department of State, foreign 20 operations, and related programs that are made 21 available for assistance for Burma shall be made 22 available for programs and activities to support de-23 serters from the military junta and its allied entities, 24 213 •S 2438 RS following consultation with the appropriate congres-1 sional committees. 2 (3) J USTICE AND ACCOUNTABILITY .—Of the 3 funds appropriated by this Act under the heading 4 ‘‘Economic Support Fund’’, not less than 5 $1,000,000 shall be made available to support jus-6 tice and accountability efforts for crimes against hu-7 manity and acts of genocide against the Rohingya, 8 following consultation with the Committees on Ap-9 propriations: Provided, That the Bureau of Democ-10 racy, Human Rights and Labor, Department of 11 State, shall have responsibility for the uses of such 12 funds: Provided further, That such funds are in ad-13 dition to funds otherwise made available to inves-14 tigate and document violations of human rights com-15 mitted by the Burmese military against ethnic 16 groups in Burma. 17 (4) C ONSULTATION.—Any new program or ac-18 tivity in Burma initiated during fiscal year 2024 19 shall be subject to prior consultation with the appro-20 priate congressional committees. 21 (b) C AMBODIA.— 22 (1) C ERTIFICATION.—None of the funds appro-23 priated by this Act that are made available for as-24 sistance for the Government of Cambodia may be 25 214 •S 2438 RS made available unless the Secretary of State sub-1 mits, no earlier than the submission of the report re-2 quired by section 653(a) of the Foreign Assistance 3 Act of 1961, the certification required under this 4 heading in the report accompanying this Act: Pro-5 vided, That the Secretary of State may waive this 6 requirement on a program-by-program basis if the 7 Secretary determines and reports to the Committees 8 on Appropriations that to do so is important to the 9 national interest of the United States, including a 10 description of such interest. 11 (2) P ROHIBITION OF ENTRY .—Section 7031(c) 12 of this Act shall be applied to officials of the Gov-13 ernment of Cambodia about whom the Secretary of 14 State has credible information have been involved in 15 the unlawful and wrongful detention of United 16 States citizen Theary Seng. 17 (c) I NDO-PACIFICSTRATEGY.— 18 (1) A SSISTANCE.—Of the funds appropriated 19 under titles III and IV of this Act, not less than 20 $1,900,000,000 shall be made available to support 21 implementation of the Indo-Pacific Strategy. 22 (2) C OUNTERING PRC INFLUENCE FUND .—Of 23 the funds appropriated by this Act under the head-24 ings ‘‘Development Assistance’’, ‘‘Economic Support 25 215 •S 2438 RS Fund’’, ‘‘International Narcotics Control and Law 1 Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 2 Demining and Related Programs’’, and ‘‘Foreign 3 Military Financing Program’’, not less than 4 $400,000,000 shall be made available for a Coun-5 tering PRC Influence Fund to counter the influence 6 of the Government of the People’s Republic of China 7 and the Chinese Communist Party and entities act-8 ing on their behalf globally, which shall be subject 9 to prior consultation with the Committees on Appro-10 priations: Provided, That such funds are in addition 11 to amounts otherwise made available for such pur-12 poses: Provided further, That up to 10 percent of 13 such funds shall be held in reserve to respond to un-14 anticipated opportunities to counter PRC influence: 15 Provided further, That the Coordinator of the Office 16 of China Coordination, Department of State (China 17 Coordinator), shall be responsible for the allocation 18 of such funds, in consultation with relevant bureaus 19 and offices of the Department of State and USAID: 20 Provided further, That funds made available pursu-21 ant to this paragraph under the heading ‘‘Foreign 22 Military Financing Program’’ may remain available 23 until September 30, 2025: Provided further, That 24 funds appropriated by this Act for such Fund under 25 216 •S 2438 RS the headings ‘‘International Narcotics Control and 1 Law Enforcement’’, ‘‘Nonproliferation, Anti-ter-2 rorism, Demining and Related Programs’’, and 3 ‘‘Foreign Military Financing Program’’ may be 4 transferred to, and merged with, funds appropriated 5 under such headings: Provided further, That such 6 transfer authority is in addition to any other trans-7 fer authority provided by this Act or any other Act, 8 and is subject to the regular notification procedures 9 of the Committees on Appropriations. 10 (3) R ESTRICTION ON USES OF FUNDS .—None 11 of the funds appropriated by this Act and prior Acts 12 making appropriations for the Department of State, 13 foreign operations, and related programs may be 14 made available for any project or activity that di-15 rectly supports or promotes— 16 (A) the Belt and Road Initiative or any 17 dual-use infrastructure projects of the People’s 18 Republic of China; and 19 (B) the use of technology, including bio-20 technology, digital, telecommunications, and 21 cyber, developed by the People’s Republic of 22 China unless the Secretary of State, in con-23 sultation with the USAID Administrator and 24 the heads of other Federal agencies, as appro-25 217 •S 2438 RS priate, determines that such use does not ad-1 versely impact the national security of the 2 United States. 3 (4) S TRATEGIC REVIEW.—Funds appropriated 4 by this Act shall be made available to design and im-5 plement reforms of the processes and procedures re-6 garding the application, consideration, and delivery 7 of equipment and technical training under the For-8 eign Military Financing Program (FMF) and For-9 eign Military Sales (FMS) program, including imple-10 mentation of FMS 2023 by the Department of 11 State: Provided, That not later than 180 days after 12 enactment of this Act, and every quarter thereafter 13 through September 30, 2025, the Secretary of State, 14 in consultation with the heads of other relevant Fed-15 eral agencies, shall submit a comprehensive strategic 16 review to the appropriate congressional committees 17 on the implementation and impact of such reforms 18 in the Philippines, Indonesia, Vietnam, Singapore, 19 and Taiwan, including a description of such reforms 20 and the military equipment to be provided or pur-21 chased: Provided further, That such assessment shall 22 include consultation with all relevant stakeholders. 23 (5) M APS.—None of the funds made available 24 by this Act should be used to create, procure, or dis-25 218 •S 2438 RS play any map that inaccurately depicts the territory 1 and social and economic system of Taiwan and the 2 islands or island groups administered by Taiwan au-3 thorities. 4 (d) L AOS.—Of the funds appropriated by this Act 5 under titles III and IV, not less than $93,000,000 shall 6 be made available for assistance for Laos, including for 7 assistance for persons with disabilities caused by 8 unexploded ordnance accidents, and of which up to 9 $1,500,000 may be made available for programs to assist 10 persons with severe physical mobility, cognitive, or devel-11 opmental disabilities in areas sprayed with Agent Orange: 12 Provided, That funds made available pursuant to this sub-13 section may be used, in consultation with the Government 14 of Laos, for assessments of the existence of dioxin con-15 tamination resulting from the use of Agent Orange in 16 Laos and the feasibility and cost of remediation. 17 (e) N ORTHKOREA.— 18 (1) C YBERSECURITY.—None of the funds ap-19 propriated by this Act or prior Acts making appro-20 priations for the Department of State, foreign oper-21 ations, and related programs may be made available 22 for assistance for the central government of a coun-23 try the Secretary of State determines and reports to 24 the appropriate congressional committees engages in 25 219 •S 2438 RS significant transactions contributing materially to 1 the malicious cyber-intrusion capabilities of the Gov-2 ernment of North Korea: Provided, That the Sec-3 retary of State shall submit the report required by 4 section 209 of the North Korea Sanctions and Policy 5 Enhancement Act of 2016 (Public Law 114–122; 22 6 U.S.C. 9229) to the Committees on Appropriations: 7 Provided further, That the Secretary of State may 8 waive the application of the restriction in this para-9 graph with respect to assistance for the central gov-10 ernment of a country if the Secretary determines 11 and reports to the appropriate congressional com-12 mittees that to do so is important to the national se-13 curity interest of the United States, including a de-14 scription of such interest served. 15 (2) B ROADCASTS.—Funds appropriated by this 16 Act under the heading ‘‘International Broadcasting 17 Operations’’ shall be made available to maintain 18 broadcasting hours into North Korea at levels not 19 less than the prior fiscal year. 20 (3) H UMAN RIGHTS.—Funds appropriated by 21 this Act under the headings ‘‘Economic Support 22 Fund’’ and ‘‘Democracy Fund’’ shall be made avail-23 able for the promotion of human rights in North 24 220 •S 2438 RS Korea: Provided, That the authority of section 1 7032(b)(1) of this Act shall apply to such funds. 2 (4) L IMITATION ON USE OF FUNDS .—None of 3 the funds made available by this Act under the 4 heading ‘‘Economic Support Fund’’ may be made 5 available for assistance for the Government of North 6 Korea. 7 (f) P ACIFICISLANDSCOUNTRIES.— 8 (1) O PERATIONS.—Funds appropriated by this 9 Act under the headings ‘‘Diplomatic Programs’’ for 10 the Department of State and ‘‘Operating Expenses’’ 11 for the United States Agency for International De-12 velopment shall be made available to expand the 13 United States diplomatic and development presence 14 in Pacific Islands countries (PICs), including the 15 number and location of facilities and personnel: Pro-16 vided, That not later than 120 days after the date 17 of enactment of this Act, the Secretary of State, in 18 consultation with the USAID Administrator, shall 19 submit to the Committees on Appropriations a spend 20 plan detailing such expansion during fiscal years 21 2024 and 2025: Provided further, That concurrent 22 with the submission of the spend plan required by 23 the previous proviso, the Secretary of State and 24 USAID Administrator shall jointly consult with the 25 221 •S 2438 RS Committees on Appropriations on the feasibility and 1 costs of, including administrative support for, estab-2 lishing a— 3 (A) diplomatic and development platform 4 in the Pacific region; and 5 (B) Department of State air wing to facili-6 tate travel, supply, emergency evacuation, and 7 other support necessary for personnel, including 8 Peace Corps volunteers, stationed in PICs. 9 (2) A SSISTANCE.—Of the funds appropriated by 10 this Act under the headings ‘‘Development Assist-11 ance’’, ‘‘Economic Support Fund’’, ‘‘International 12 Narcotics Control and Law Enforcement’’, ‘‘Non-13 proliferation, Anti-terrorism, Demining and Related 14 Programs’’, and ‘‘Foreign Military Financing Pro-15 gram’’, not less than $175,000,000 shall be made 16 available for assistance for PICs, including to imple-17 ment the U.S. Pacific Partnership Strategy and 18 Partners in the Blue Pacific initiative, and to fur-19 ther the goals of the Pacific Islands Forum’s 2050 20 Strategy for the Blue Pacific Continent: Provided, 21 That funds appropriated by this Act that are made 22 available for the Countering PRC Influence Fund 23 shall be made available for assistance for PICs, in 24 addition to funds made available under this para-25 222 •S 2438 RS graph: Provided further, That funds made available 1 by this paragraph for assistance for PICs shall be 2 made available for programs and activities to 3 strengthen and expand cooperation between the 4 United States and higher education institutions in 5 PICs, to be awarded on a competitive basis: Pro-6 vided further, That funds made available by this 7 paragraph for assistance for PICs shall be made 8 available to appropriately commemorate the anniver-9 sary of World War II battles in the Pacific in which 10 American servicemen and women lost their lives: 11 Provided further, That of the funds made available 12 by this paragraph for assistance for PICs, not less 13 than $5,000,000 shall be made available for tri-14 lateral programs, including with Australia, Japan, 15 New Zealand, Canada, the European Union (EU) 16 and EU Member States, the Republic of Korea, the 17 United Kingdom, and Taiwan. 18 (g) P EOPLE’SREPUBLIC OFCHINA.— 19 (1) L IMITATION ON USE OF FUNDS .—None of 20 the funds appropriated under the heading ‘‘Diplo-21 matic Programs’’ in this Act may be obligated or ex-22 pended for processing licenses for the export of sat-23 ellites of United States origin (including commercial 24 satellites and satellite components) to the People’s 25 223 •S 2438 RS Republic of China (PRC) unless, at least 15 days in 1 advance, the Committees on Appropriations are noti-2 fied of such proposed action. 3 (2) P EOPLE’S LIBERATION ARMY .—The terms 4 and requirements of section 620(h) of the Foreign 5 Assistance Act of 1961 shall apply to foreign assist-6 ance projects or activities of the People’s Liberation 7 Army (PLA) of the PRC, to include such projects or 8 activities by any entity that is owned or controlled 9 by, or an affiliate of, the PLA: Provided, That none 10 of the funds appropriated or otherwise made avail-11 able pursuant to this Act may be used to finance 12 any grant, contract, or cooperative agreement with 13 the PLA, or any entity that the Secretary of State 14 has reason to believe is owned or controlled by, or 15 an affiliate of, the PLA. 16 (3) H ONG KONG.— 17 (A) Of the funds appropriated by this Act 18 under the heading ‘‘Economic Support Fund’’ 19 and in the first paragraph under the heading 20 ‘‘Democracy Fund’’, not less than $6,500,000 21 shall be made available for programs for Hong 22 Kong, including legal and other support for de-23 mocracy activists, following consultation with 24 the Committees on Appropriations: Provided, 25 224 •S 2438 RS That $1,500,000 of such funds shall be trans-1 ferred to, and merged with, funds appropriated 2 by this Act under the heading ‘‘Educational and 3 Cultural Exchange Programs’’ for exchange 4 programs and other programs and activities of 5 an American Center in Hong Kong, to be estab-6 lished pursuant to paragraph (B). 7 (B) Funds appropriated by this Act under 8 the heading ‘‘Embassy Security, Construction, 9 and Maintenance’’ shall be made available for 10 the costs associated with establishing and sus-11 taining an American Center in Hong Kong, fol-12 lowing consultation with the appropriate con-13 gressional committees. 14 (C) None of the funds made available pur-15 suant to this paragraph should be obligated for 16 the Government of the People’s Republic of 17 China, the Chinese Communist Party, or an en-18 tity acting on their behalf in Hong Kong. 19 (4) O FFICE OF CHINA COORDINATION .—Of the 20 funds appropriated by this Act under the heading 21 ‘‘Diplomatic Programs’’, not less than $5,000,000 22 shall be made available for programs to protect and 23 advance United States national interests at inter-24 national organizations, including the temporary 25 225 •S 2438 RS surge of personnel, which shall be the responsibility 1 of the China Coordinator, Department of State: Pro-2 vided, That such funds are in addition to amounts 3 otherwise made available for the Office of China Co-4 ordination, Department of State, and shall be sub-5 ject to prior consultation with, and the regular noti-6 fication procedures of, the Committees on Appro-7 priations. 8 (h) P HILIPPINES.—Funds appropriated by this Act 9 that are made available for assistance for the Philippines 10 shall be made available at not less than the amount re-11 quested in the President’s budget request for fiscal year 12 2024: Provided, That none of the funds appropriated by 13 this Act may be made available for counternarcotics assist-14 ance for the Philippines, except for drug demand reduc-15 tion, maritime law enforcement, or transnational interdic-16 tion. 17 (i) T AIWAN.— 18 (1) G LOBAL COOPERATION AND TRAINING 19 FRAMEWORK.—Of the funds appropriated by this 20 Act under the heading ‘‘Economic Support Fund’’, 21 not less than $4,000,000 shall be made available for 22 the Global Cooperation and Training Framework, 23 which shall be administered by the American Insti-24 tute in Taiwan. 25 226 •S 2438 RS (2) FOREIGN MILITARY FINANCING .— 1 (A) Of the funds appropriated by this Act 2 under the heading ‘‘Foreign Military Financing 3 Program’’, $113,000,000 shall be made avail-4 able for assistance for Taiwan. 5 (B) Funds appropriated by this Act and 6 prior Acts making appropriations for the De-7 partment of State, foreign operations, and re-8 lated programs under the heading ‘‘Foreign 9 Military Financing Program’’, except for 10 amounts designated as an emergency require-11 ment pursuant to a concurrent resolution on 12 the budget or the Balanced Budget and Emer-13 gency Deficit Control Act of 1985, may be 14 made available for the costs, as defined in sec-15 tion 502 of the Congressional Budget Act of 16 1974, of direct loans and loan guarantees for 17 Taiwan, if otherwise authorized: Provided, That 18 such costs may include the costs of selling, re-19 ducing, or cancelling any amounts owed to the 20 United States or any agency of the United 21 States: Provided further, That the gross prin-22 cipal balance of such direct loans shall not ex-23 ceed $2,000,000,000, and the gross principal 24 balance of guaranteed loans shall not exceed 25 227 •S 2438 RS $2,000,000,000: Provided further, That the Sec-1 retary of State may use amounts charged to the 2 borrower as origination fees to pay for the cost 3 of such loans: Provided further, That interest 4 for such loans may be charged at a rate deter-5 mined by the Secretary of State, notwith-6 standing any other provision of law. 7 (3) F ELLOWSHIP PROGRAM .—Funds appro-8 priated by this Act under the heading ‘‘Payment to 9 the American Institute in Taiwan’’ shall be made 10 available for the Taiwan Fellowship Program. 11 (4) C ONSULTATION.—Not later than 60 days 12 after the date of enactment of this Act, the Sec-13 retary of State shall consult with the Committees on 14 Appropriations on the uses of funds made available 15 pursuant to this subsection: Provided, That such 16 funds shall be subject to the regular notification pro-17 cedures of the Committees on Appropriations. 18 (j) T IBET.— 19 (1) F INANCING OF PROJECTS IN TIBET .—The 20 Secretary of the Treasury should instruct the United 21 States executive director of each international finan-22 cial institution to use the voice and vote of the 23 United States to support financing of projects in 24 Tibet if such projects do not provide incentives for 25 228 •S 2438 RS the migration and settlement of non-Tibetans into 1 Tibet or facilitate the transfer of ownership of Ti-2 betan land and natural resources to non-Tibetans, 3 are based on a thorough needs-assessment, foster 4 self-sufficiency of the Tibetan people and respect Ti-5 betan culture and traditions, and are subject to ef-6 fective monitoring. 7 (2) P ROGRAMS FOR TIBETAN COMMUNITIES .— 8 (A) Notwithstanding any other provision of 9 law, of the funds appropriated by this Act 10 under the heading ‘‘Economic Support Fund’’, 11 not less than $10,000,000 shall be made avail-12 able to nongovernmental organizations with ex-13 perience working with Tibetan communities to 14 support activities which preserve cultural tradi-15 tions and promote sustainable development, 16 education, and environmental conservation in 17 Tibetan communities in the Tibet Autonomous 18 Region and in other Tibetan communities in 19 China. 20 (B) Of the funds appropriated by this Act 21 under the heading ‘‘Economic Support Fund’’, 22 not less than $8,000,000 shall be made avail-23 able for programs to promote and preserve Ti-24 betan culture and language in the refugee and 25 229 •S 2438 RS diaspora Tibetan communities, development, 1 and the resilience of Tibetan communities and 2 the Central Tibetan Administration in India 3 and Nepal, and to assist in the education and 4 development of the next generation of Tibetan 5 leaders from such communities: Provided, That 6 such funds are in addition to amounts made 7 available in subparagraph (A) for programs in-8 side Tibet. 9 (C) Of the funds appropriated by this Act 10 under the heading ‘‘Economic Support Fund’’, 11 not less than $4,500,000 shall be made avail-12 able for programs to strengthen the capacity of 13 the Central Tibetan Administration, of which 14 up to $1,500,000 may be made available to 15 support housing needs and related services for 16 displaced Tibetan refugee families in India and 17 Nepal, following consultation with the Commit-18 tees on Appropriations: Provided, That such 19 funds shall be administered by the United 20 States Agency for International Development. 21 (k) V IETNAM.—Of the funds appropriated under ti-22 tles III and IV of this Act, not less than $197,000,000 23 shall be made available for assistance for Vietnam, of 24 which not less than— 25 230 •S 2438 RS (1) $30,000,000 shall be made available for 1 health and disability programs to assist persons with 2 severe physical mobility, cognitive, or developmental 3 disabilities: Provided, That such funds shall be 4 prioritized to assist persons whose disabilities may 5 be related to the use of Agent Orange and exposure 6 to dioxin, or are the result of unexploded ordnance 7 accidents; 8 (2) $20,000,000 shall be made available, not-9 withstanding any other provision of law, for activi-10 ties related to the remediation of dioxin contami-11 nated sites in Vietnam and may be made available 12 for assistance for the Government of Vietnam, in-13 cluding the military, for such purposes; 14 (3) $3,000,000 shall be made available for the 15 Reconciliation/Vietnamese Wartime Accounting Ini-16 tiative; and 17 (4) $15,000,000 shall be made available for 18 higher education programs. 19 SOUTH AND CENTRAL ASIA 20 S EC. 7044. (a) AFGHANISTAN.— 21 (1) R ESTRICTION.—None of the funds appro-22 priated by this Act and prior Acts making appro-23 priations for the Department of State, foreign oper-24 ations, and related programs and made available for 25 231 •S 2438 RS assistance for Afghanistan may be made available 1 for direct assistance to the Taliban. 2 (2) A FGHAN SPECIAL IMMIGRANT VISAS .— 3 Funds appropriated or otherwise made available by 4 this Act under the heading ‘‘Administration for For-5 eign Affairs’’ and fees available for obligation during 6 fiscal year 2024 in the Consular and Border Secu-7 rity Programs account shall be made available for 8 additional Department of State personnel necessary 9 to eliminate processing backlogs and expedite adju-10 dication of Afghan Special Immigrant Visa cases, in-11 cluding for the National Visa Center and the Afghan 12 Special Immigrant Visa Unit. 13 (3) A FGHAN STUDENTS .—Funds appropriated 14 by this Act and prior Acts making appropriations 15 for the Department of State, foreign operations, and 16 related programs shall be made available to support 17 the higher education of students from Afghanistan 18 studying outside of the country, including the costs 19 of reimbursement to institutions hosting such stu-20 dents, as appropriate: Provided, That the Secretary 21 of State and the Administrator of the United States 22 Agency for International Development, as appro-23 priate, shall consult with the Committees on Appro-24 232 •S 2438 RS priations prior to the initial obligation of funds for 1 such purposes. 2 (4) A FGHAN WOMEN .—Of the funds appro-3 priated by this Act under the heading ‘‘Economic 4 Support Fund’’ that are made available for assist-5 ance for Afghanistan, not less than $5,000,000 shall 6 be made available for programs to investigate and 7 document human rights abuses against women in 8 Afghanistan: Provided, That such funds shall be the 9 responsibility of the Bureau of Democracy, Human 10 Rights, and Labor, Department of State, following 11 consultation with the Committees on Appropriations. 12 (5) R EPORT.—Not later than 45 days after the 13 date of enactment of this Act, the Secretary of State 14 and the USAID Administrator shall submit a report 15 to the appropriate congressional committees detail-16 ing plans, consistent with the restriction contained 17 in paragraph (1), to— 18 (A) protect and strengthen the rights of 19 Afghan women and girls; 20 (B) support higher education programs, in-21 cluding continued support for the American 22 University of Afghanistan’s (AUAF) online pro-23 grams and support for other higher education 24 institutions in South Asia and the Middle East 25 233 •S 2438 RS that are hosting AUAF and other Afghan stu-1 dents; 2 (C) support Afghan civil society activists, 3 journalists, and independent media, including in 4 third countries; and 5 (D) support health, education, including 6 community-based education, and other pro-7 grams to address the basic needs of the people 8 of Afghanistan. 9 (b) N EPAL.—Funds appropriated by this Act under 10 the heading ‘‘Foreign Military Financing Program’’ that 11 are made available for assistance for Nepal shall only be 12 made available for humanitarian and disaster relief and 13 reconstruction activities, and in support of international 14 peacekeeping operations, military professionalization and 15 training, and border security activities: Provided, That 16 such funds may only be made available for additional uses 17 if the Secretary of State certifies and reports to the Com-18 mittees on Appropriations that the Government of Nepal 19 is investigating and prosecuting violations of human rights 20 and the laws of war by the Nepal Army, and the Nepal 21 Army is cooperating fully with civilian judicial authorities 22 in such cases. 23 (c) P AKISTAN.— 24 (1) A SSISTANCE.— 25 234 •S 2438 RS (A) SECURITY ASSISTANCE .—Funds ap-1 propriated by this Act under the heading ‘‘For-2 eign Military Financing Program’’ for assist-3 ance for Pakistan may be made available only 4 to support counterterrorism and counterinsur-5 gency capabilities in Pakistan. 6 (B) B ILATERAL ECONOMIC ASSISTANCE .— 7 Prior to the obligation of funds made available 8 by this Act under the heading ‘‘Economic Sup-9 port Fund’’ for assistance for the central Gov-10 ernment of Pakistan, the Secretary of State 11 shall submit a report to the appropriate con-12 gressional committees detailing— 13 (i) the amount of financing and other 14 support, if any, provided by the Govern-15 ment of Pakistan to schools supported by, 16 affiliated with, or run by the Taliban or 17 any domestic or foreign terrorist organiza-18 tion in Pakistan; 19 (ii) the extent of cooperation by such 20 government in issuing visas in a timely 21 manner for United States visitors, includ-22 ing officials and representatives of non-23 governmental organizations, engaged in as-24 235 •S 2438 RS sistance and security programs in Paki-1 stan; 2 (iii) the extent to which such govern-3 ment is providing humanitarian organiza-4 tions access to detainees, internally dis-5 placed persons, and other Pakistani civil-6 ians affected by conflict in Pakistan and 7 the region; and 8 (iv) the extent to which such govern-9 ment is strengthening democracy in Paki-10 stan, including protecting freedom of ex-11 pression, assembly, and religion. 12 (2) A UTHORITY AND USES OF FUNDS .—(A) 13 Funds appropriated by this Act for assistance for 14 Pakistan may be made available notwithstanding 15 any other provision of law, except for section 620M 16 of the Foreign Assistance Act of 1961. 17 (B) Funds appropriated by this Act under the 18 heading ‘‘International Narcotics Control and Law 19 Enforcement’’ shall be made available for border se-20 curity programs in Pakistan, following consultation 21 with the Committees on Appropriations. 22 (C) Funds appropriated by title III of this Act 23 shall be made available for programs to promote de-24 mocracy and for gender programs in Pakistan. 25 236 •S 2438 RS (3) WITHHOLDING.—Of the funds appropriated 1 under titles III and IV of this Act that are made 2 available for assistance for Pakistan, $33,000,000 3 shall be withheld from obligation until the Secretary 4 of State reports to the Committees on Appropria-5 tions that Dr. Shakil Afridi has been released from 6 prison and cleared of all charges relating to the as-7 sistance provided to the United States in locating 8 Osama bin Laden. 9 (d) S RILANKA.— 10 (1) A SSISTANCE.—Funds appropriated under 11 title III of this Act shall be made available for as-12 sistance for Sri Lanka for democracy and economic 13 development programs, particularly in areas recov-14 ering from ethnic and religious conflict. 15 (2) C ERTIFICATION.—Funds appropriated by 16 this Act for assistance for the central Government of 17 Sri Lanka may be made available only if the Sec-18 retary of State certifies and reports to the Commit-19 tees on Appropriations that such Government is tak-20 ing effective and consistent steps to— 21 (A) protect the rights and freedoms of the 22 people of Sri Lanka regardless of ethnicity and 23 religious belief, including by investigating viola-24 tions of human rights and the laws of war and 25 237 •S 2438 RS holding perpetrators of such violations account-1 able; 2 (B) address the basic needs of the people 3 of Sri Lanka and responsibly mitigate the im-4 pact of the country’s economic collapse, includ-5 ing by increasing transparency and account-6 ability in governance; 7 (C) combat corruption, including bringing 8 to justice public officials who have engaged in 9 significant acts of corruption; 10 (D) assert its sovereignty against influence 11 by the People’s Republic of China; and 12 (E) promote reconciliation between ethnic 13 and religious groups, particularly arising from 14 past conflict in Sri Lanka, including by— 15 (i) addressing land confiscation and 16 ownership issues; 17 (ii) resolving cases of missing persons, 18 including by maintaining a functioning and 19 credible office of missing persons; 20 (iii) reducing the presence of the 21 armed forces in former conflict zones and 22 restructuring the armed forces for a peace-23 time role that contributes to post-conflict 24 reconciliation and regional security; 25 238 •S 2438 RS (iv) repealing or amending laws on ar-1 rest and detention by security forces to 2 comply with international standards; and 3 (v) investigating allegations of arbi-4 trary arrest and torture, and supporting a 5 credible justice mechanism for resolving 6 cases of war crimes: 7 Provided, That the limitations of this paragraph 8 shall not apply to funds made available for hu-9 manitarian assistance and disaster relief; to 10 protect human rights, locate and identify miss-11 ing persons, and assist victims of torture and 12 trauma; to promote justice, accountability, and 13 reconciliation; to enhance maritime security and 14 domain awareness; to promote fiscal trans-15 parency and sovereignty; and for International 16 Military Education and Training. 17 (3) L IMITATION.—None of the funds appro-18 priated by this Act may be made available for assist-19 ance for the Sri Lankan armed forces, except for hu-20 manitarian assistance, disaster relief, instruction in 21 human rights and related curricula development, 22 maritime security and domain awareness, including 23 professionalization and training for the navy and 24 coast guard, and funds appropriated by this Act 25 239 •S 2438 RS under the heading ‘‘International Military Education 1 and Training’’. 2 (4) C ONSULTATION.—Funds made available for 3 assistance for Sri Lanka other than for the purposes 4 specified in paragraph (1) shall be subject to prior 5 consultation with the Committees on Appropriations. 6 (e) R EGIONALPROGRAMS.—Funds appropriated by 7 this Act shall be made available for assistance for coun-8 tries in South and Central Asia to significantly increase 9 the recruitment, training, and retention of women in the 10 judiciary, police, and other security forces, and to train 11 judicial and security personnel in such countries to pre-12 vent and address gender-based violence, human traf-13 ficking, and other practices that disproportionately harm 14 women and girls. 15 LATIN AMERICA AND THE CARIBBEAN 16 S EC. 7045. (a) CENTRALAMERICA.— 17 (1) A SSISTANCE.—Funds appropriated by this 18 Act under titles III and IV shall be made available 19 for assistance for Belize, Costa Rica, El Salvador, 20 Guatemala, Honduras, Nicaragua, and Panama, in-21 cluding through the Central America Regional Secu-22 rity Initiative: Provided, That such assistance shall 23 be prioritized for programs that address the violence, 24 poverty, corruption, and other factors that con-25 240 •S 2438 RS tribute to irregular migration, particularly of unac-1 companied minors, to the United States, including 2 for programs to reduce violence against women and 3 girls, protect the rights of Indigenous people, sup-4 port civil society and other independent institutions, 5 enhance economic opportunity, combat corruption 6 and impunity, and dismantle illegal armed groups 7 and drug trafficking organizations. 8 (A) Of the funds made available pursuant 9 to paragraph (1)— 10 (i) $61,500,000 should be made avail-11 able to support entities and activities to 12 combat corruption and impunity in such 13 countries, including, as appropriate, offices 14 of Attorneys General; and 15 (ii) $70,000,000 should be made 16 available for programs to reduce violence 17 against women and girls, including for In-18 digenous women and girls. 19 (B) Within the funds made available pur-20 suant to paragraph (1) and made available for 21 assistance for El Salvador, Guatemala, and 22 Honduras, up to $100,000,000 should be made 23 available for programs that support locally-led 24 development in such countries: Provided, That 25 241 •S 2438 RS up to 15 percent of the funds made available to 1 carry out this subparagraph may be used by the 2 Administrator of the United States Agency for 3 International Development for administrative 4 and oversight expenses related to the purposes 5 of this subparagraph: Provided further, That 6 the USAID Administrator shall consult with 7 the Committees on Appropriations on the 8 planned uses of funds to carry out this sub-9 paragraph prior to the initial obligation of 10 funds: Provided further, That such funds shall 11 be subject to the regular notification procedures 12 of the Committees on Appropriations. 13 (C) Funds made available pursuant to 14 paragraph (1) shall be made available for the 15 youth empowerment program established pursu-16 ant to section 7045(a)(1)(C) of the Department 17 of State, Foreign Operations, and Related Pro-18 grams Appropriations Act, 2022 (division K of 19 Public Law 117–103). 20 (2) L IMITATION ON ASSISTANCE TO CERTAIN 21 CENTRAL GOVERNMENTS .— 22 (A) Of the funds made available pursuant 23 to paragraph (1) under the heading ‘‘Economic 24 Support Fund’’ and under title IV of this Act, 25 242 •S 2438 RS 60 percent of such funds that are made avail-1 able for assistance for each of the central gov-2 ernments of El Salvador, Guatemala, and Hon-3 duras may only be obligated after the Secretary 4 of State certifies and reports to the Committees 5 on Appropriations that such government is— 6 (i) combating corruption and impu-7 nity, including investigating and pros-8 ecuting government officials, military per-9 sonnel, and police officers credibly alleged 10 to be corrupt; 11 (ii) implementing reforms, policies, 12 and programs to strengthen the rule of 13 law, including increasing the transparency 14 of public institutions, strengthening the 15 independence of judicial and electoral insti-16 tutions, and improving the transparency of 17 political campaign and political party fi-18 nancing; 19 (iii) protecting the rights of human 20 rights defenders, trade unionists, journal-21 ists, civil society groups, opposition polit-22 ical parties, and the independence of the 23 media; 24 243 •S 2438 RS (iv) providing effective and account-1 able law enforcement and security for its 2 citizens, curtailing the role of the military 3 in public security, and upholding due proc-4 ess of law; 5 (v) implementing programs to reduce 6 violence against women and girls; 7 (vi) implementing policies to reduce 8 poverty and promote economic growth and 9 opportunity, including the implementation 10 of reforms to strengthen educational sys-11 tems, vocational training programs, and 12 programs for at-risk youth; 13 (vii) improving border security and 14 combating human smuggling and traf-15 ficking and countering the activities of 16 criminal gangs, drug traffickers, and 17 transnational criminal organizations; 18 (viii) informing its citizens of the dan-19 gers of the journey to the southwest border 20 of the United States; and 21 (ix) implementing policies that im-22 prove the environment for foreign invest-23 ment, including executing tax reform in a 24 transparent manner, ensuring effective 25 244 •S 2438 RS legal mechanisms for reimbursements of 1 tax refunds owed to United States busi-2 nesses, and resolving disputes involving the 3 confiscation of real property of United 4 States entities. 5 (B) R EPROGRAMMING.—If the Secretary is 6 unable to make the certification required by 7 subparagraph (A) for one or more of the cen-8 tral governments, such assistance shall be re-9 programmed for assistance for civil society or-10 ganizations in such country, or for other coun-11 tries in Latin America and the Caribbean, not-12 withstanding the funding provisions in this sub-13 section and the limitations in section 7019 of 14 this Act: Provided, That any such reprogram-15 ming shall be subject to the regular notification 16 procedures of the Committees on Appropria-17 tions. 18 (C) E XCEPTIONS.—The limitation of sub-19 paragraph (A) shall not apply to funds appro-20 priated by this Act that are made available 21 for— 22 (i) judicial entities and activities re-23 lated to combating corruption and impu-24 nity; 25 245 •S 2438 RS (ii) programs to combat gender-based 1 violence; 2 (iii) programs to promote and protect 3 human rights, including those of Indige-4 nous communities and Afro-descendants; 5 (iv) humanitarian assistance; and 6 (v) food security programs. 7 (D) F OREIGN MILITARY FINANCING PRO -8 GRAM.—None of the funds appropriated by this 9 Act under the heading ‘‘Foreign Military Fi-10 nancing Program’’ may be made available for 11 assistance for El Salvador, Guatemala, or Hon-12 duras. 13 (b) C OLOMBIA.— 14 (1) A SSISTANCE.—Of the funds appropriated by 15 this Act under titles III and IV, $487,375,000 16 should be made available for assistance for Colom-17 bia: Provided, That such funds shall be made avail-18 able for the programs and activities described under 19 this section in the report accompanying this Act: 20 Provided further, That of the funds appropriated by 21 this Act under the heading ‘‘International Narcotics 22 Control and Law Enforcement’’ and made available 23 for assistance pursuant to this paragraph, not less 24 than $40,000,000 shall be made available to enhance 25 246 •S 2438 RS rural security in coca producing municipalities and 1 other municipalities with high levels of illicit activi-2 ties: Provided further, That funds made available 3 pursuant to the preceding proviso shall be prioritized 4 in such municipalities that are also targeted for as-5 sistance programs that provide viable economic alter-6 natives and improve access to public services. 7 (2) W ITHHOLDING OF FUNDS .— 8 (A) C OUNTERNARCOTICS.—Of the funds 9 appropriated by this Act under the heading 10 ‘‘International Narcotics Control and Law En-11 forcement’’ that are made available for assist-12 ance for Colombia, 20 percent may be obligated 13 only if the Secretary of State certifies and re-14 ports to the Committees on Appropriations 15 that— 16 (i) the Government of Colombia is im-17 plementing an effective whole-of-govern-18 ment strategy to substantially and 19 sustainably reduce coca cultivation and co-20 caine production levels in Colombia, includ-21 ing programs and activities that support il-22 licit crop eradication, alternative develop-23 ment, drug interdiction, dismantling of 24 drug trafficking and money laundering net-25 247 •S 2438 RS works, rural security, environmental pro-1 tection, judicial sector strengthening, and 2 public health services; and 3 (ii) such strategy is in accordance 4 with the 2016 peace accord between the 5 Government of Colombia and the Revolu-6 tionary Armed Forces of Colombia. 7 (B) H UMAN RIGHTS.— 8 (i) Of the funds appropriated by this 9 Act under the heading ‘‘Foreign Military 10 Financing Program’’ and made available 11 for assistance for Colombia, 20 percent 12 may be obligated only if the Secretary of 13 State certifies and reports to the Commit-14 tees on Appropriations that— 15 (I) the Special Jurisdiction for 16 Peace and other judicial authorities, 17 as appropriate, are sentencing per-18 petrators of gross violations of human 19 rights, including those with command 20 responsibility, to deprivation of lib-21 erty; 22 (II) the Government of Colombia 23 is making consistent progress in re-24 ducing threats and attacks against 25 248 •S 2438 RS human rights defenders and other 1 civil society activists, and judicial au-2 thorities are prosecuting and pun-3 ishing those responsible for ordering 4 and carrying out such attacks; 5 (III) the Government of Colom-6 bia is making consistent progress in 7 protecting Afro-Colombian and Indig-8 enous communities and is respecting 9 their rights and territories; 10 (IV) senior military officers 11 credibly alleged, or whose units are 12 credibly alleged, to be responsible for 13 ordering, committing, and covering up 14 cases of false positives and other 15 extrajudicial killings, or of committing 16 other gross violations of human 17 rights, or of conducting illegal com-18 munications intercepts or other illicit 19 surveillance, are being held account-20 able, including removal from active 21 duty if found guilty through criminal, 22 administrative, or disciplinary pro-23 ceedings; and 24 249 •S 2438 RS (V) the Colombian Armed Forces 1 are cooperating fully with the require-2 ments described in subclauses (I) 3 through (IV). 4 (ii) Of the funds appropriated by this 5 Act under the heading ‘‘International Nar-6 cotics Control and Law Enforcement’’ and 7 made available for assistance for the Co-8 lombian National Police (CNP), 5 percent 9 may be obligated only if the Secretary of 10 State certifies and reports to the Commit-11 tees on Appropriations that the Govern-12 ment of Colombia is bringing to justice the 13 police personnel who ordered, directed, and 14 used excessive force and engaged in other 15 illegal acts against protesters in 2020 and 16 2021, and that the CNP is cooperating 17 fully with such efforts. 18 (3) P RE-OBLIGATION REQUIREMENT .—Prior to 19 the obligation of funds made available by this Act 20 for assistance for Colombia, the Secretary of State, 21 in consultation with the USAID Administrator, shall 22 submit to the Committees on Appropriations the re-23 port required under this heading in the report ac-24 companying this Act. 25 250 •S 2438 RS (4) EXCEPTIONS.—The limitations of para-1 graph (2) shall not apply to funds made available for 2 aviation instruction and maintenance, and maritime 3 and riverine security programs. 4 (5) A UTHORITY.—Aircraft supported by funds 5 appropriated by this Act and prior Acts making ap-6 propriations for the Department of State, foreign 7 operations, and related programs and made available 8 for assistance for Colombia may be used to trans-9 port personnel and supplies involved in drug eradi-10 cation and interdiction, including security for such 11 activities, and to provide transport in support of al-12 ternative development programs and investigations 13 by civilian judicial authorities. 14 (6) L IMITATION.—None of the funds appro-15 priated by this Act or prior Acts making appropria-16 tions for the Department of State, foreign oper-17 ations, and related programs that are made available 18 for assistance for Colombia may be made available 19 for payment of reparations to conflict victims or 20 compensation to demobilized combatants associated 21 with a peace agreement between the Government of 22 Colombia and illegal armed groups. 23 (c) H AITI.— 24 251 •S 2438 RS (1) ASSISTANCE.—Funds appropriated by this 1 Act under titles III and IV shall be made available 2 for assistance for Haiti to support the basic needs 3 of the Haitian people: Provided, That such funds 4 shall also be made available for the purposes enu-5 merated in section 509(a) of the Global Fragility 6 Act of 2019 (title V of division J of Public Law 7 116–94). 8 (2) C ERTIFICATION.—Funds appropriated by 9 this Act that are made available for assistance for 10 the central Government of Haiti, except for democ-11 racy programs, global health, disaster relief and re-12 covery, and anti-gang and administration of justice 13 programs, may only be made available if the Sec-14 retary of State certifies and reports to the appro-15 priate congressional committees that a democrat-16 ically elected government has taken office, or the 17 country is being led by a transitional governing au-18 thority that is broadly representative of Haitian soci-19 ety, and it is in the national interest of the United 20 States to provide such assistance. 21 (3) C ONSULTATION.—Funds appropriated by 22 this Act and prior Acts making appropriations for 23 the Department of State, foreign operations, and re-24 lated programs that are made available for assist-25 252 •S 2438 RS ance for Haiti shall be subject to prior consultation 1 with the Committees on Appropriations: Provided, 2 That the requirement of this paragraph shall also 3 apply to any funds from such Acts that are made 4 available for support for an international security 5 force in Haiti. 6 (4) P ROHIBITION.—None of the funds appro-7 priated or otherwise made available by this Act may 8 be used for assistance for the armed forces of Haiti. 9 (5) H AITIAN COAST GUARD.—The Government 10 of Haiti shall be eligible to purchase defense articles 11 and services under the Arms Export Control Act (22 12 U.S.C. 2751 et seq.) for the Coast Guard. 13 (d) M EXICO.—Prior to the initial obligation of funds 14 made available by this Act under the heading ‘‘Inter-15 national Narcotics Control and Law Enforcement’’ for as-16 sistance for the Government of Mexico, the Secretary of 17 State shall submit a report to the Committees on Appro-18 priations assessing the extent to which during the past two 19 years the Government of Mexico has supported joint coun-20 ternarcotics operations and intelligence sharing with U.S. 21 counterparts, taken concrete steps to degrade 22 transnational criminal organizations in Mexico, and sup-23 ported the extradition of criminals sought by the United 24 States. 25 253 •S 2438 RS (e) NICARAGUA.—Of the funds appropriated by this 1 Act under the heading ‘‘Development Assistance’’, not less 2 than $15,000,000 shall be made available for democracy 3 programs for Nicaragua, including to support civil society. 4 (f) T HECARIBBEAN.—Of the funds appropriated by 5 this Act under titles III and IV, not less than $82,000,000 6 shall be made available for the Caribbean Basin Security 7 Initiative. 8 (g) V ENEZUELA.— 9 (1) Of the funds appropriated by this Act under 10 the heading ‘‘Economic Support Fund’’, 11 $50,000,000 should be made available for democracy 12 programs for Venezuela. 13 (2) Funds appropriated by this Act and prior 14 Acts making appropriations for the Department of 15 State, foreign operations, and related programs 16 under title III shall be made available for assistance 17 for communities in countries supporting or otherwise 18 impacted by refugees from Venezuela, including Co-19 lombia, Peru, Ecuador, Curacao, and Trinidad and 20 Tobago: Provided, That such amounts are in addi-21 tion to funds otherwise made available for assistance 22 for such countries, subject to prior consultation 23 with, and the regular notification procedures of, the 24 Committees on Appropriations. 25 254 •S 2438 RS EUROPE AND EURASIA 1 S EC. 7046. (a) TERRITORIALINTEGRITY.—None of 2 the funds appropriated by this Act may be made available 3 for assistance for a government of an Independent State 4 of the former Soviet Union if such government directs any 5 action in violation of the territorial integrity or national 6 sovereignty of any other Independent State of the former 7 Soviet Union, such as those violations included in the Hel-8 sinki Final Act: Provided, That except as otherwise pro-9 vided in section 7047(a) of this Act, funds may be made 10 available without regard to the restriction in this sub-11 section if the President determines that to do so is in the 12 national security interest of the United States: Provided 13 further, That prior to executing the authority contained 14 in the previous proviso, the Secretary of State shall con-15 sult with the Committees on Appropriations on how such 16 assistance supports the national security interest of the 17 United States. 18 (b) S ECTION907 OF THEFREEDOM S UPPORT 19 A CT.—Section 907 of the FREEDOM Support Act (22 20 U.S.C. 5812 note) shall not apply to— 21 (1) activities to support democracy or assist-22 ance under title V of the FREEDOM Support Act 23 (22 U.S.C. 5851 et seq.) and section 1424 of the 24 Defense Against Weapons of Mass Destruction Act 25 255 •S 2438 RS of 1996 (50 U.S.C. 2333) or non-proliferation as-1 sistance; 2 (2) any assistance provided by the Trade and 3 Development Agency under section 661 of the For-4 eign Assistance Act of 1961; 5 (3) any activity carried out by a member of the 6 United States and Foreign Commercial Service while 7 acting within his or her official capacity; 8 (4) any insurance, reinsurance, guarantee, or 9 other assistance provided by the United States 10 International Development Finance Corporation as 11 authorized by the BUILD Act of 2018 (division F 12 of Public Law 115–254); 13 (5) any financing provided under the Export- 14 Import Bank Act of 1945 (Public Law 79–173); or 15 (6) humanitarian assistance. 16 (c) T URKEY.—None of the funds made available by 17 this Act may be used to facilitate or support the sale of 18 defense articles or defense services to the Turkish Presi-19 dential Protection Directorate (TPPD) under chapter 2 20 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) 21 unless the Secretary of State determines and reports to 22 the appropriate congressional committees that members of 23 the TPPD who are named in the July 17, 2017, indict-24 ment by the Superior Court of the District of Columbia, 25 256 •S 2438 RS and against whom there are pending charges, have re-1 turned to the United States to stand trial in connection 2 with the offenses contained in such indictment or have 3 otherwise been brought to justice: Provided, That the limi-4 tation in this paragraph shall not apply to the use of funds 5 made available by this Act for border security purposes, 6 for North Atlantic Treaty Organization or coalition oper-7 ations, or to enhance the protection of United States offi-8 cials and facilities in Turkey. 9 (d) C ASUALTYREHABILITATION.—Of the funds ap-10 propriated under the heading ‘‘Assistance for Europe, 11 Eurasia and Central Asia’’ in this Act and prior Acts mak-12 ing appropriations for the Department of State, foreign 13 operations, and related programs, not less than 14 $2,000,000 shall be made available, notwithstanding any 15 other provision of law, for a program to provide medical 16 and rehabilitation services, including prosthetic and 17 orthotics, for current and former Ukrainian security per-18 sonnel with severe physical disabilities caused by the Rus-19 sian invasion of Ukraine, which shall be administered by 20 USAID: Provided, That such program may include the 21 costs of travel for such individuals and their family mem-22 bers to the United States and third countries for such 23 services, and should include a capacity building component 24 for Ukrainian organizations providing such services: Pro-25 257 •S 2438 RS vided further, That such assistance shall be provided 1 through nongovernmental organizations with experience in 2 working with veterans, to the maximum extent practicable, 3 and shall be awarded on an open and competitive basis: 4 Provided further, That such funds shall be subject to prior 5 consultation with, and the regular notification procedures 6 of, the Committees on Appropriations, and such amount 7 is in addition to amounts otherwise made available for 8 such purposes. 9 COUNTERING RUSSIAN INFLUENCE AND AGGRESSION 10 S EC. 7047. (a) PROHIBITION.—None of the funds ap-11 propriated by this Act may be made available for assist-12 ance for the central Government of the Russian Federa-13 tion. 14 (b) A NNEXATION OFTERRITORY.— 15 (1) P ROHIBITION.—None of the funds appro-16 priated by this Act may be made available for assist-17 ance for the central government of a country that 18 the Secretary of State determines and reports to the 19 Committees on Appropriations has taken affirmative 20 steps intended to support or be supportive of the 21 Russian Federation annexation of Crimea or other 22 territory in Ukraine: Provided, That except as other-23 wise provided in subsection (a), the Secretary may 24 waive the restriction on assistance required by this 25 258 •S 2438 RS paragraph if the Secretary determines and reports to 1 such Committees that to do so is in the national in-2 terest of the United States, and includes a justifica-3 tion for such interest. 4 (2) L IMITATION.—None of the funds appro-5 priated by this Act may be made available for— 6 (A) the implementation of any action or 7 policy that recognizes the sovereignty of the 8 Russian Federation over Crimea or other terri-9 tory in Ukraine; 10 (B) the facilitation, financing, or guarantee 11 of United States Government investments in 12 Crimea or other territory in Ukraine under the 13 control of the Russian Federation or Russian- 14 backed forces, if such activity includes the par-15 ticipation of Russian Government officials, or 16 other Russian owned or controlled financial en-17 tities; or 18 (C) assistance for Crimea or other terri-19 tory in Ukraine under the control of the Rus-20 sian Federation or Russian-backed forces, if 21 such assistance includes the participation of 22 Russian Government officials, or other Russian 23 owned or controlled financial entities. 24 259 •S 2438 RS (3) INTERNATIONAL FINANCIAL INSTITU -1 TIONS.—The Secretary of the Treasury shall in-2 struct the United States executive director of each 3 international financial institution to use the voice 4 and vote of the United States to oppose any assist-5 ance by such institution (including any loan, credit, 6 grant, or guarantee) for any program that violates 7 the sovereignty or territorial integrity of Ukraine. 8 (4) D URATION.—The requirements and limita-9 tions of this subsection shall cease to be in effect if 10 the Secretary of State determines and reports to the 11 Committees on Appropriations that the Government 12 of Ukraine has reestablished sovereignty over Cri-13 mea and other territory in Ukraine under the con-14 trol of the Russian Federation or Russian-backed 15 forces. 16 (c) O CCUPATION OF THEGEORGIANTERRITORIES OF 17 A BKHAZIA ANDTSKHINVALIREGION/SOUTHOSSETIA.— 18 (1) P ROHIBITION.—None of the funds appro-19 priated by this Act may be made available for assist-20 ance for the central government of a country that 21 the Secretary of State determines and reports to the 22 Committees on Appropriations has recognized the 23 independence of, or has established diplomatic rela-24 tions with, the Russian Federation occupied Geor-25 260 •S 2438 RS gian territories of Abkhazia and Tskhinvali Region/ 1 South Ossetia: Provided, That the Secretary shall 2 publish on the Department of State website a list of 3 any such central governments in a timely manner: 4 Provided further, That the Secretary may waive the 5 restriction on assistance required by this paragraph 6 if the Secretary determines and reports to the Com-7 mittees on Appropriations that to do so is in the na-8 tional interest of the United States, and includes a 9 justification for such interest. 10 (2) L IMITATION.—None of the funds appro-11 priated by this Act may be made available to sup-12 port the Russian Federation occupation of the Geor-13 gian territories of Abkhazia and Tskhinvali Region/ 14 South Ossetia. 15 (3) I NTERNATIONAL FINANCIAL INSTITU -16 TIONS.—The Secretary of the Treasury shall in-17 struct the United States executive director of each 18 international financial institution to use the voice 19 and vote of the United States to oppose any assist-20 ance by such institution (including any loan, credit, 21 grant, or guarantee) for any program that violates 22 the sovereignty and territorial integrity of Georgia. 23 (d) C OUNTERINGRUSSIANINFLUENCEFUND.— 24 261 •S 2438 RS (1) ASSISTANCE.—Of the funds appropriated by 1 this Act and prior Act making appropriations for the 2 Department of State, foreign operations, and related 3 programs under the headings ‘‘Assistance for Eu-4 rope, Eurasia and Central Asia’’, ‘‘International 5 Narcotics Control and Law Enforcement’’, ‘‘Inter-6 national Military Education and Training’’, and 7 ‘‘Foreign Military Financing Program’’, not less 8 than $300,000,000 shall be made available to carry 9 out the purposes of the Countering Russian Influ-10 ence Fund, as authorized by section 254 of the 11 Countering Russian Influence in Europe and Eur-12 asia Act of 2017 (Public Law 115–44; 22 U.S.C. 13 9543) and notwithstanding the country limitation in 14 subsection (b) of such section, and programs to en-15 hance the capacity of law enforcement and security 16 forces in countries in Europe, Eurasia, and Central 17 Asia and strengthen security cooperation between 18 such countries and the United States and the North 19 Atlantic Treaty Organization, as appropriate: Pro-20 vided, That funds made available pursuant to this 21 paragraph under the heading ‘‘Foreign Military Fi-22 nancing Program’’ may remain available until Sep-23 tember 30, 2025. 24 262 •S 2438 RS (2) ECONOMICS AND TRADE .—Funds appro-1 priated by this Act and made available for assistance 2 for the Eastern Partnership countries shall be made 3 available to advance the implementation of Associa-4 tion Agreements and trade agreements with the Eu-5 ropean Union, and to reduce their vulnerability to 6 external economic and political pressure from the 7 Russian Federation. 8 UNITED NATIONS AND OTHER INTERNATIONAL 9 ORGANIZATIONS 10 S EC. 7048. (a) TRANSPARENCY AND ACCOUNT-11 ABILITY.—Not later than 120 days after the date of enact-12 ment of this Act, the Secretary of State shall report to 13 the Committees on Appropriations whether each organiza-14 tion, department, or agency receiving a contribution from 15 funds appropriated by this Act under the headings ‘‘Con-16 tributions to International Organizations’’ and ‘‘Inter-17 national Organizations and Programs’’— 18 (1) is posting on a publicly available website, 19 consistent with privacy regulations and due process, 20 regular financial and programmatic audits of such 21 organization, department, or agency, and providing 22 the United States Government with necessary access 23 to such financial and performance audits; 24 263 •S 2438 RS (2) has submitted a report to the Department 1 of State, which shall be posted on the Department’s 2 website in a timely manner, demonstrating that such 3 organization is effectively implementing and enforc-4 ing policies and procedures which meet or exceed 5 best practices in the United States for the protection 6 of whistleblowers from retaliation, including— 7 (A) protection against retaliation for inter-8 nal and lawful public disclosures; 9 (B) legal burdens of proof; 10 (C) statutes of limitation for reporting re-11 taliation; 12 (D) access to binding independent adju-13 dicative bodies, including shared cost and selec-14 tion of external arbitration; and 15 (E) results that eliminate the effects of 16 proven retaliation, including provision for the 17 restoration of prior employment; and 18 (3) effectively implementing and enforcing poli-19 cies and procedures on the appropriate use of travel 20 funds, including restrictions on first-class and busi-21 ness-class travel. 22 (b) R ESTRICTIONS ON UNITEDNATIONSDELEGA-23 TIONS ANDORGANIZATIONS.— 24 264 •S 2438 RS (1) RESTRICTIONS ON UNITED STATES DELEGA -1 TIONS.—None of the funds made available by this 2 Act may be used to pay expenses for any United 3 States delegation to any specialized agency, body, or 4 commission of the United Nations if such agency, 5 body, or commission is chaired or presided over by 6 a country, the government of which the Secretary of 7 State has determined, for purposes of section 8 1754(c) of the Export Reform Control Act of 2018 9 (50 U.S.C. 4813(c)), supports international ter-10 rorism. 11 (2) R ESTRICTIONS ON CONTRIBUTIONS .—None 12 of the funds made available by this Act may be used 13 by the Secretary of State as a contribution to any 14 organization, agency, commission, or program within 15 the United Nations system if such organization, 16 agency, commission, or program is chaired or pre-17 sided over by a country the government of which the 18 Secretary of State has determined, for purposes of 19 section 620A of the Foreign Assistance Act of 1961, 20 section 40 of the Arms Export Control Act, section 21 1754(c) of the Export Reform Control Act of 2018 22 (50 U.S.C. 4813(c)), or any other provision of law, 23 is a government that has repeatedly provided sup-24 port for acts of international terrorism. 25 265 •S 2438 RS (3) WAIVER.—The Secretary of State may 1 waive the restriction in this subsection if the Sec-2 retary determines and reports to the Committees on 3 Appropriations that to do so is important to the na-4 tional interest of the United States, including a de-5 scription of the national interest served. 6 (c) U NITEDNATIONSHUMANRIGHTSCOUNCIL.— 7 None of the funds appropriated by this Act may be made 8 available in support of the United Nations Human Rights 9 Council unless the Secretary of State determines and re-10 ports to the Committees on Appropriations that participa-11 tion in the Council is important to the national interest 12 of the United States and that such Council is taking sig-13 nificant steps to remove Israel as a permanent agenda 14 item and ensure integrity in the election of members to 15 such Council: Provided, That such report shall include a 16 description of the national interest served and the steps 17 taken to remove Israel as a permanent agenda item and 18 ensure integrity in the election of members to such Coun-19 cil: Provided further, That the Secretary of State shall re-20 port to the Committees on Appropriations not later than 21 September 30, 2023, on the resolutions considered in the 22 United Nations Human Rights Council during the pre-23 vious 12 months, and on steps taken to remove Israel as 24 266 •S 2438 RS a permanent agenda item and ensure integrity in the elec-1 tion of members to such council. 2 (d) U NITEDNATIONSRELIEF ANDWORKSAGEN-3 CY.—Funds appropriated by this Act should be made 4 available for the United Nations Relief and Works Agency 5 (UNRWA) unless the Secretary of State determines and 6 reports to the Committees on Appropriations that 7 UNRWA is not— 8 (1) utilizing Operations Support Officers in the 9 West Bank, Gaza, and other fields of operation to 10 inspect UNRWA installations and reporting any in-11 appropriate use; 12 (2) acting promptly to address any staff or ben-13 eficiary violation of its own policies (including the 14 policies on neutrality and impartiality of employees) 15 and the legal requirements under section 301(c) of 16 the Foreign Assistance Act of 1961; 17 (3) implementing procedures to maintain the 18 neutrality of its facilities, including implementing a 19 no-weapons policy, and conducting regular inspec-20 tions of its installations, to ensure they are only 21 used for humanitarian or other appropriate pur-22 poses; 23 (4) taking necessary and appropriate measures 24 to ensure it is operating in compliance with the con-25 267 •S 2438 RS ditions of section 301(c) of the Foreign Assistance 1 Act of 1961 and continuing regular reporting to the 2 Department of State on actions it has taken to en-3 sure conformance with such conditions; 4 (5) taking steps to ensure the content of all 5 educational materials currently taught in UNRWA- 6 administered schools and summer camps is con-7 sistent with the values of human rights, dignity, and 8 tolerance and does not induce incitement; 9 (6) refraining from engaging in operations with 10 financial institutions or related entities in violation 11 of relevant United States law, and is taking steps to 12 improve the financial transparency of the organiza-13 tion; and 14 (7) in compliance with the United Nations 15 Board of Auditors’ biennial audit requirements and 16 is implementing in a timely fashion the Board’s rec-17 ommendations. 18 (e) P ROHIBITION OF PAYMENTS TO UNITEDNA-19 TIONSMEMBERS.—None of the funds appropriated or 20 made available pursuant to titles III through VI of this 21 Act for carrying out the Foreign Assistance Act of 1961, 22 may be used to pay in whole or in part any assessments, 23 arrearages, or dues of any member of the United Nations 24 or, from funds appropriated by this Act to carry out chap-25 268 •S 2438 RS ter 1 of part I of the Foreign Assistance Act of 1961, 1 the costs for participation of another country’s delegation 2 at international conferences held under the auspices of 3 multilateral or international organizations. 4 (f) R EPORT.—Not later than 45 days after the date 5 of enactment of this Act, the Secretary of State shall sub-6 mit a report to the Committees on Appropriations detail-7 ing the amount of funds available for obligation or expend-8 iture in fiscal year 2024 for contributions to any organiza-9 tion, department, agency, or program within the United 10 Nations system or any international program that are 11 withheld from obligation or expenditure due to any provi-12 sion of law: Provided, That the Secretary shall update 13 such report each time additional funds are withheld by op-14 eration of any provision of law: Provided further, That the 15 reprogramming of any withheld funds identified in such 16 report, including updates thereof, shall be subject to prior 17 consultation with, and the regular notification procedures 18 of, the Committees on Appropriations. 19 (g) S EXUALEXPLOITATION AND ABUSE INPEACE-20 KEEPINGOPERATIONS.—The Secretary of State shall, to 21 the maximum extent practicable, withhold assistance to 22 any unit of the security forces of a foreign country if the 23 Secretary has credible information that such unit has en-24 gaged in sexual exploitation or abuse, including while serv-25 269 •S 2438 RS ing in a United Nations peacekeeping operation, until the 1 Secretary determines that the government of such country 2 is taking effective steps to hold the responsible members 3 of such unit accountable and to prevent future incidents: 4 Provided, That the Secretary shall promptly notify the 5 government of each country subject to any withholding of 6 assistance pursuant to this paragraph, and shall notify the 7 appropriate congressional committees of such withholding 8 not later than 10 days after a determination to withhold 9 such assistance is made: Provided further, That the Sec-10 retary shall, to the maximum extent practicable, assist 11 such government in bringing the responsible members of 12 such unit to justice: Provided further, That not later than 13 60 days after the date of enactment of this Act, the Sec-14 retary shall submit a report to the Committees on Appro-15 priations detailing the policies, mechanisms, and proce-16 dures that are in place to implement this subsection. 17 (h) A DDITIONALAVAILABILITY.—Subject to the reg-18 ular notification procedures of the Committees on Appro-19 priations, funds appropriated by this Act which are re-20 turned or not made available due to the second proviso 21 under the heading ‘‘Contributions for International Peace-22 keeping Activities’’ in title I of this Act or section 307(a) 23 of the Foreign Assistance Act of 1961 (22 U.S.C. 24 2227(a)), shall remain available for obligation until Sep-25 270 •S 2438 RS tember 30, 2025: Provided, That the requirement to with-1 hold funds for programs in Burma under section 307(a) 2 of the Foreign Assistance Act of 1961 shall not apply to 3 funds appropriated by this Act. 4 (i) S TRENGTHENING AMERICANPRESENCE AT 5 I NTERNATIONALORGANIZATIONS.— 6 (1) Of the funds made available by this Act 7 under the heading ‘‘International Organizations and 8 Programs’’, not less than $10,000,000 shall be made 9 available for the placement of United States citizens 10 in the Junior Professional Officer Programme. 11 (2) Of the funds made available by this Act 12 under the heading ‘‘Diplomatic Programs’’, not less 13 than $2,000,000 shall be made available to enhance 14 the competitiveness of United States citizens for 15 leadership positions in the United Nations system, 16 including pursuant to section 9701 of the James M. 17 Inhofe National Defense Authorization Act for Fis-18 cal Year 2023 (division G, Public Law 117–263). 19 INTERNATIONAL CRIMINAL JUSTICE 20 S EC. 7049. (a) WARCRIMESTRIBUNALS.—If the 21 President determines that doing so will contribute to a 22 just resolution of charges regarding genocide or other vio-23 lations of international humanitarian law, the President 24 may direct a drawdown pursuant to section 552(c) of the 25 271 •S 2438 RS Foreign Assistance Act of 1961 of up to $30,000,000 of 1 commodities and services for the United Nations War 2 Crimes Tribunal established with regard to the former 3 Yugoslavia by the United Nations Security Council or 4 such other tribunals or commissions as the Council may 5 establish or authorize to deal with such violations, without 6 regard to the ceiling limitation contained in paragraph (2) 7 thereof: Provided, That the determination required under 8 this section shall be in lieu of any determinations other-9 wise required under section 552(c): Provided further, That 10 funds made available pursuant to this section shall be 11 made available subject to the regular notification proce-12 dures of the Committees on Appropriations. 13 (b) O FFICE OFGLOBALCRIMINALJUSTICE.— 14 (1) Of the funds appropriated by this Act under 15 the heading ‘‘Diplomatic Programs’’, not less than 16 $6,000,000 shall be made available for the Office of 17 Global Criminal Justice, Department of State. 18 (2) Of the funds appropriated by this Act under 19 the headings ‘‘Economic Support Fund’’ and ‘‘Inter-20 national Narcotics Control and Law Enforcement’’, 21 not less than $15,000,000 shall be made available 22 for programs to promote accountability for genocide, 23 crimes against humanity, and war crimes, which 24 shall be in addition to any other funds made avail-25 272 •S 2438 RS able by this Act for such purposes: Provided, That 1 such programs shall include components to develop 2 local investigative and judicial skills, and to collect 3 and preserve evidence and maintain the chain of cus-4 tody of evidence, including for use in prosecutions, 5 and may include the establishment of, and assistance 6 for, transitional justice mechanisms: Provided fur-7 ther, That such funds shall be administered by the 8 Ambassador-at-Large for the Office of Global Crimi-9 nal Justice, Department of State, and shall be sub-10 ject to prior consultation with the Committees on 11 Appropriations: Provided further, That funds made 12 available by this paragraph shall be made available 13 on an open and competitive basis. 14 (c) W ARCRIMESACCOUNTABILITY.—Consistent with 15 the purposes authorized by section 2015 of the American 16 Servicemembers’ Protection Act of 2002 (22 U.S.C. 17 7433), as amended by section 7073 of the Department 18 of State, Foreign Operations, and Related Programs Ap-19 propriations Act, 2023 (division K of Public Law 117– 20 328)— 21 (1) not less than $6,000,000 of the funds made 22 available by this Act under the heading ‘‘Economic 23 Support Fund’’ shall be made available for support 24 to the International Criminal Court; 25 273 •S 2438 RS (2) not less than $5,000,000 of the funds made 1 available by this Act under the heading ‘‘Economic 2 Support Fund’’ shall be made available as a con-3 tribution to the Trust Fund for Victims; and 4 (3) the President shall provide information to 5 the International Criminal Court to assist with in-6 vestigations and prosecutions of foreign nationals re-7 lated to the Situation in Ukraine. 8 (d) C ENTRALAFRICANREPUBLIC.—Of the funds ap-9 propriated by this Act under the heading ‘‘Economic Sup-10 port Fund’’, not less than $3,000,000 shall be made avail-11 able for a contribution to the Special Criminal Court in 12 Central African Republic. 13 GLOBAL INTERNET FREEDOM 14 S EC. 7050. (a) FUNDING.—Of the funds available for 15 obligation during fiscal year 2024 under the headings 16 ‘‘International Broadcasting Operations’’, ‘‘Economic 17 Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for 18 Europe, Eurasia and Central Asia’’, not less than 19 $103,014,000 shall be made available for programs to pro-20 mote Internet freedom globally, consistent with section 21 9707 of the James M. Inhofe National Defense Authoriza-22 tion Act for Fiscal Year 2023 (Public Law 117–263): Pro-23 vided, That such programs shall be prioritized for coun-24 tries whose governments restrict freedom of expression on 25 274 •S 2438 RS the Internet, and that are important to the national inter-1 est of the United States: Provided further, That funds 2 made available pursuant to this section shall be matched, 3 to the maximum extent practicable, by sources other than 4 the United States Government, including from the private 5 sector. 6 (b) R EQUIREMENTS.—Funds appropriated by this 7 Act under the headings ‘‘Economic Support Fund’’, ‘‘De-8 mocracy Fund’’, and ‘‘Assistance for Europe, Eurasia and 9 Central Asia’’ pursuant to subsection (a) shall be made 10 available with the concurrence of the Assistant Secretary 11 for Democracy, Human Rights, and Labor, Department 12 of State, and allocated consistent with— 13 (1) best practices regarding security for, and 14 oversight of, Internet freedom programs; and 15 (2) sufficient resources and support for the de-16 velopment and maintenance of anti-censorship tech-17 nology and tools. 18 (c) C OORDINATION AND SPENDPLANS.—Not later 19 than 90 days after the date of enactment of this Act, the 20 Secretary of State and the USAGM CEO, in consultation 21 with the OTF President, shall submit to the Committees 22 on Appropriations spend plans for funds made available 23 by this Act for programs to promote Internet freedom 24 globally, which shall include a description of safeguards 25 275 •S 2438 RS established by relevant agencies to ensure that such pro-1 grams are not used for illicit purposes: Provided, That the 2 Department of State spend plan shall include funding for 3 all such programs for all relevant Department of State 4 and United States Agency for International Development 5 offices and bureaus. 6 (d) S ECURITYAUDITS.—Funds made available pur-7 suant to this section to research, develop, enhance, or de-8 ploy technologies to promote Internet freedom globally 9 may only be made available to support open-source tech-10 nologies that undergo comprehensive security audits con-11 sistent with the requirements of the Bureau of Democracy, 12 Human Rights, and Labor, Department of State to ensure 13 that such technology is secure and has not been com-14 promised in a manner detrimental to the interest of the 15 United States or to individuals and organizations bene-16 fiting from programs supported by such funds: Provided, 17 That the security auditing procedures used by such Bu-18 reau shall be reviewed and updated periodically to reflect 19 current industry security standards. 20 TORTURE AND OTHER CRUEL , INHUMAN, OR DEGRADING 21 TREATMENT OR PUNISHMENT 22 S EC. 7051. (a) PROHIBITION.—None of the funds 23 made available by this Act may be used to support or jus-24 tify the use of torture and other cruel, inhuman, or de-25 276 •S 2438 RS grading treatment or punishment by any official or con-1 tract employee of the United States Government. 2 (b) A SSISTANCE.—Funds appropriated under titles 3 III and IV of this Act shall be made available, notwith-4 standing section 660 of the Foreign Assistance Act of 5 1961 and following consultation with the Committees on 6 Appropriations, for assistance to eliminate torture and 7 other cruel, inhuman, or degrading treatment or punish-8 ment by foreign police, military, or other security forces 9 in countries receiving assistance from funds appropriated 10 by this Act. 11 AIRCRAFT TRANSFER, COORDINATION, AND USE 12 S EC. 7052. (a) TRANSFERAUTHORITY.—Notwith-13 standing any other provision of law or regulation, aircraft 14 procured with funds appropriated by this Act and prior 15 Acts making appropriations for the Department of State, 16 foreign operations, and related programs under the head-17 ings ‘‘Diplomatic Programs’’, ‘‘International Narcotics 18 Control and Law Enforcement’’, ‘‘Andean Counterdrug 19 Initiative’’, and ‘‘Andean Counterdrug Programs’’ may be 20 used for any other program and in any region. 21 (b) P ROPERTYDISPOSAL.—The authority provided 22 in subsection (a) shall apply only after the Secretary of 23 State determines and reports to the Committees on Appro-24 priations that the equipment is no longer required to meet 25 277 •S 2438 RS programmatic purposes in the designated country or re-1 gion: Provided, That any such transfer shall be subject 2 to prior consultation with, and the regular notification 3 procedures of, the Committees on Appropriations. 4 (c) A IRCRAFTCOORDINATION.— 5 (1) A UTHORITY.—The uses of aircraft pur-6 chased or leased by the Department of State and the 7 United States Agency for International Development 8 with funds made available in this Act or prior Acts 9 making appropriations for the Department of State, 10 foreign operations, and related programs shall be co-11 ordinated under the authority of the appropriate 12 Chief of Mission: Provided, That such aircraft may 13 be used to transport, on a reimbursable or non-reim-14 bursable basis, Federal and non-Federal personnel 15 supporting Department of State and USAID pro-16 grams and activities: Provided further, That official 17 travel for other agencies for other purposes may be 18 supported on a reimbursable basis, or without reim-19 bursement when traveling on a space available basis: 20 Provided further, That funds received by the Depart-21 ment of State in connection with the use of aircraft 22 owned, leased, or chartered by the Department of 23 State may be credited to the Working Capital Fund 24 of the Department and shall be available for ex-25 278 •S 2438 RS penses related to the purchase, lease, maintenance, 1 chartering, or operation of such aircraft. 2 (2) S COPE.—The requirement and authorities 3 of this subsection shall only apply to aircraft, the 4 primary purpose of which is the transportation of 5 personnel. 6 (d) A IRCRAFTOPERATIONS AND MAINTENANCE.— 7 To the maximum extent practicable, the costs of oper-8 ations and maintenance, including fuel, of aircraft funded 9 by this Act shall be borne by the recipient country. 10 PARKING FINES AND REAL PROPERTY TAXES OWED BY 11 FOREIGN GOVERNMENTS 12 S EC. 7053. The terms and conditions of section 7055 13 of the Department of State, Foreign Operations, and Re-14 lated Programs Appropriations Act, 2010 (division F of 15 Public Law 111–117) shall apply to this Act: Provided, 16 That subsection (f)(2)(B) of such section shall be applied 17 by substituting ‘‘September 30, 2023’’ for ‘‘September 30, 18 2009’’. 19 INTERNATIONAL MONETARY FUND 20 S EC. 7054. (a) EXTENSIONS.—The terms and condi-21 tions of sections 7086(b)(1) and (2) and 7090(a) of the 22 Department of State, Foreign Operations, and Related 23 Programs Appropriations Act, 2010 (division F of Public 24 Law 111–117) shall apply to this Act. 25 279 •S 2438 RS (b) REPAYMENT.—The Secretary of the Treasury 1 shall instruct the United States Executive Director of the 2 International Monetary Fund (IMF) to seek to ensure 3 that any loan will be repaid to the IMF before other pri-4 vate or multilateral creditors. 5 EXTRADITION 6 S EC. 7055. (a) LIMITATION.—None of the funds ap-7 propriated in this Act may be used to provide assistance 8 (other than funds provided under the headings ‘‘Develop-9 ment Assistance’’, ‘‘International Disaster Assistance’’, 10 ‘‘Complex Crises Fund’’, ‘‘International Narcotics Control 11 and Law Enforcement’’, ‘‘Migration and Refugee Assist-12 ance’’, ‘‘United States Emergency Refugee and Migration 13 Assistance Fund’’, and ‘‘Nonproliferation, Anti-terrorism, 14 Demining and Related Assistance’’) for the central gov-15 ernment of a country which has notified the Department 16 of State of its refusal to extradite to the United States 17 any individual indicted for a criminal offense for which 18 the maximum penalty is life imprisonment without the 19 possibility of parole or for killing a law enforcement offi-20 cer, as specified in a United States extradition request. 21 (b) C LARIFICATION.—Subsection (a) shall only apply 22 to the central government of a country with which the 23 United States maintains diplomatic relations and with 24 which the United States has an extradition treaty and the 25 280 •S 2438 RS government of that country is in violation of the terms 1 and conditions of the treaty. 2 (c) W AIVER.—The Secretary of State may waive the 3 restriction in subsection (a) on a case-by-case basis if the 4 Secretary certifies to the Committees on Appropriations 5 that such waiver is important to the national interest of 6 the United States. 7 ENTERPRISE FUNDS 8 S EC. 7056. (a) NOTIFICATION.—None of the funds 9 made available under titles III through VI of this Act may 10 be made available for Enterprise Funds unless the appro-11 priate congressional committees are notified at least 15 12 days in advance. 13 (b) D ISTRIBUTION OFASSETSPLAN.—Prior to the 14 distribution of any assets resulting from any liquidation, 15 dissolution, or winding up of an Enterprise Fund, in whole 16 or in part, the President shall submit to the appropriate 17 congressional committees a plan for the distribution of the 18 assets of the Enterprise Fund. 19 (c) T RANSITION OROPERATINGPLAN.—Prior to a 20 transition to and operation of any private equity fund or 21 other parallel investment fund under an existing Enter-22 prise Fund, the President shall submit such transition or 23 operating plan to the appropriate congressional commit-24 tees. 25 281 •S 2438 RS UNITED NATIONS POPULATION FUND 1 S EC. 7057. (a) CONTRIBUTION.—Of the funds made 2 available under the heading ‘‘International Organizations 3 and Programs’’ in this Act for fiscal year 2024, 4 $35,100,000 shall be made available for the United Na-5 tions Population Fund (UNFPA). 6 (b) A VAILABILITY OFFUNDS.—Funds appropriated 7 by this Act for UNFPA, that are not made available for 8 UNFPA because of the operation of any provision of law, 9 shall be transferred to the ‘‘Global Health Programs’’ ac-10 count and shall be made available for family planning, ma-11 ternal, and reproductive health activities, subject to the 12 regular notification procedures of the Committees on Ap-13 propriations. 14 (c) P ROHIBITION ONUSE OFFUNDS INCHINA.— 15 None of the funds made available by this Act may be used 16 by UNFPA for a country program in the People’s Repub-17 lic of China. 18 (d) C ONDITIONS ON AVAILABILITY OFFUNDS.— 19 Funds made available by this Act for UNFPA may not 20 be made available unless— 21 (1) UNFPA maintains funds made available by 22 this Act in an account separate from other accounts 23 of UNFPA and does not commingle such funds with 24 other sums; and 25 282 •S 2438 RS (2) UNFPA does not fund abortions. 1 (e) R EPORT TOCONGRESS AND DOLLAR-FOR-DOL-2 LARWITHHOLDING OFFUNDS.— 3 (1) Not later than 4 months after the date of 4 enactment of this Act, the Secretary of State shall 5 submit a report to the Committees on Appropria-6 tions indicating the amount of funds that UNFPA 7 is budgeting for the year in which the report is sub-8 mitted for a country program in the People’s Repub-9 lic of China. 10 (2) If a report under paragraph (1) indicates 11 that UNFPA plans to spend funds for a country 12 program in the People’s Republic of China in the 13 year covered by the report, then the amount of such 14 funds UNFPA plans to spend in the People’s Re-15 public of China shall be deducted from the funds 16 made available to UNFPA after March 1 for obliga-17 tion for the remainder of the fiscal year in which the 18 report is submitted. 19 GLOBAL HEALTH ACTIVITIES 20 S EC. 7058. (a) INGENERAL.—Funds appropriated 21 by titles III and IV of this Act that are made available 22 for bilateral assistance for child survival activities or dis-23 ease programs including activities relating to research on, 24 and the prevention, treatment and control of, HIV/AIDS 25 283 •S 2438 RS may be made available notwithstanding any other provi-1 sion of law except for provisions under the heading ‘‘Glob-2 al Health Programs’’ and the United States Leadership 3 Against HIV/AIDS, Tuberculosis, and Malaria Act of 4 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amend-5 ed: Provided, That of the funds appropriated under title 6 III of this Act, not less than $600,000,000 should be made 7 available for family planning/reproductive health, includ-8 ing in areas where population growth threatens biodiver-9 sity or endangered species. 10 (b) P ANDEMICS AND OTHERINFECTIOUSDISEASE 11 O UTBREAKS.— 12 (1) G LOBAL HEALTH SECURITY .—Funds appro-13 priated by this Act under the heading ‘‘Global 14 Health Programs’’ shall be made available for global 15 health security programs to accelerate the capacity 16 of countries to prevent, detect, and respond to infec-17 tious disease outbreaks, including by strengthening 18 public health capacity where there is a high risk of 19 emerging zoonotic infectious diseases: Provided, 20 That not later than 60 days after the date of enact-21 ment of this Act, the USAID Administrator and the 22 Secretary of State, as appropriate, shall consult with 23 the Committees on Appropriations on the planned 24 uses of such funds. 25 284 •S 2438 RS (2) FINANCIAL INTERMEDIARY FUND .—Funds 1 appropriated by this Act under the heading ‘‘Global 2 Health Programs’’ may be made available for con-3 tributions to the Financial Intermediary Fund for 4 Pandemic Prevention, Preparedness and Response. 5 (3) E XTRAORDINARY MEASURES .—If the Sec-6 retary of State determines and reports to the Com-7 mittees on Appropriations that an international in-8 fectious disease outbreak is sustained, severe, and is 9 spreading internationally, or that it is in the na-10 tional interest to respond to a Public Health Emer-11 gency of International Concern, not to exceed an ag-12 gregate total of $200,000,000 of the funds appro-13 priated by this Act under the headings ‘‘Global 14 Health Programs’’, ‘‘Development Assistance’’, 15 ‘‘International Disaster Assistance’’, ‘‘Complex Cri-16 ses Fund’’, ‘‘Economic Support Fund’’, ‘‘Democracy 17 Fund’’, ‘‘Assistance for Europe, Eurasia and Cen-18 tral Asia’’, ‘‘Migration and Refugee Assistance’’, and 19 ‘‘Millennium Challenge Corporation’’ may be made 20 available to combat such infectious disease or public 21 health emergency, and may be transferred to, and 22 merged with, funds appropriated under such head-23 ings for the purposes of this paragraph. 24 285 •S 2438 RS (4) EMERGENCY RESERVE FUND .—Up to 1 $90,000,000 of the funds made available under the 2 heading ‘‘Global Health Programs’’ may be made 3 available for the Emergency Reserve Fund estab-4 lished pursuant to section 7058(c)(1) of the Depart-5 ment of State, Foreign Operations, and Related Pro-6 grams Appropriations Act, 2017 (division J of Pub-7 lic Law 115–31): Provided, That such funds shall be 8 made available under the same terms and conditions 9 of such section. 10 (5) C ONSULTATION AND NOTIFICATION .— 11 Funds made available by this subsection shall be 12 subject to prior consultation with, and the regular 13 notification procedures of, the Committees on Ap-14 propriations. 15 (c) G LOBALHEALTHWORKFORCE.—Of the funds 16 made available by this Act under the heading ‘‘Global 17 Health Programs’’, not less than $20,000,000 shall be 18 made available to strengthen the global health workforce. 19 (d) L IMITATION.—Notwithstanding any other provi-20 sion of law, none of the funds made available by this Act 21 may be made available to the Wuhan Institute of Virology 22 located in the City of Wuhan in the People’s Republic of 23 China. 24 286 •S 2438 RS GENDER EQUALITY AND WOMEN ’S EMPOWERMENT 1 S EC. 7059. (a) INGENERAL.— 2 (1) G ENDER EQUALITY .—Funds appropriated 3 by this Act shall be made available to promote gen-4 der equality in United States Government diplomatic 5 and development efforts by raising the status, in-6 creasing the economic participation and opportuni-7 ties for political leadership, and protecting the rights 8 of women and girls worldwide. 9 (2) W OMEN’S ECONOMIC EMPOWERMENT .— 10 Funds appropriated by this Act are available to im-11 plement the Women’s Entrepreneurship and Eco-12 nomic Empowerment Act of 2018 (Public Law 115– 13 428): Provided, That the Secretary of State and the 14 Administrator of the United States Agency for 15 International Development, as appropriate, shall 16 consult with the Committees on Appropriations on 17 the implementation of such Act. 18 (3) G ENDER EQUITY AND EQUALITY ACTION 19 FUND.—Of the funds appropriated under title III of 20 this Act, up to $200,000,000 may be made available 21 for the Gender Equity and Equality Action Fund. 22 (b) M ADELEINEK. ALBRIGHTWOMEN’SLEADER-23 SHIPPROGRAM.—Of the funds appropriated under title 24 III of this Act, not less than $50,000,000 shall be made 25 287 •S 2438 RS available for the Madeleine K. Albright Women’s Leader-1 ship Program. 2 (c) G ENDER-BASEDVIOLENCE.— 3 (1) Of the funds appropriated under titles III 4 and IV of this Act, not less than $250,000,000 shall 5 be made available to implement a multi-year strat-6 egy to prevent and respond to gender-based violence 7 in countries where it is common in conflict and non- 8 conflict settings. 9 (2) Funds appropriated under titles III and IV 10 of this Act that are available to train foreign police, 11 judicial, and military personnel, including for inter-12 national peacekeeping operations, shall address, 13 where appropriate, prevention and response to gen-14 der-based violence and trafficking in persons, and 15 shall promote the integration of women into the po-16 lice and other security forces. 17 (d) W OMEN, PEACE, ANDSECURITY.—Of the funds 18 appropriated by this Act under the headings ‘‘Develop-19 ment Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assist-20 ance for Europe, Eurasia and Central Asia’’, and ‘‘Inter-21 national Narcotics Control and Law Enforcement’’, 22 $150,000,000 should be made available to support a 23 multi-year strategy to expand, and improve coordination 24 of, United States Government efforts to empower women 25 288 •S 2438 RS as equal partners in conflict prevention, peace building, 1 transitional processes, and reconstruction efforts in coun-2 tries affected by conflict or in political transition, and to 3 ensure the equitable provision of relief and recovery assist-4 ance to women and girls. 5 SECTOR ALLOCATIONS 6 S EC. 7060. (a) BASICEDUCATION AND HIGHER 7 E DUCATION.— 8 (1) B ASIC EDUCATION.— 9 (A) Of the funds appropriated under title 10 III of this Act, not less than $640,555,000 11 shall be made available for the Nita M. Lowey 12 Basic Education Fund, and such funds may be 13 made available notwithstanding any other provi-14 sion of law that restricts assistance to foreign 15 countries: Provided, That such funds shall also 16 be used for secondary education activities: Pro-17 vided further, That section 7(a) of Public Law 18 115–56 shall be implemented by substituting 19 ‘‘the thirtieth day of June following’’ for ‘‘180 20 days after’’: Provided further, That if the 21 USAID Administrator determines that any un-22 obligated balances of funds specifically des-23 ignated for assistance for basic education in 24 prior Acts making appropriations for the De-25 289 •S 2438 RS partment of State, foreign operations, and re-1 lated programs are in excess of the absorptive 2 capacity of recipient countries, such funds may 3 be made available for other programs author-4 ized under chapter 1 of part I of the Foreign 5 Assistance Act of 1961, notwithstanding such 6 funding designation. 7 (B) Of the funds appropriated under title 8 III of this Act for assistance for basic education 9 programs, $160,000,000 should be made avail-10 able for contributions to multilateral partner-11 ships that support education. 12 (2) H IGHER EDUCATION.—Of the funds appro-13 priated by title III of this Act, not less than 14 $231,566,000 shall be made available for assistance 15 for higher education: Provided, That such funds may 16 be made available notwithstanding any other provi-17 sion of law that restricts assistance to foreign coun-18 tries, and shall be subject to the regular notification 19 procedures of the Committees on Appropriations: 20 Provided further, That of such amount, not less than 21 $35,000,000 shall be made available for new and on-22 going partnerships between higher education institu-23 tions in the United States and developing countries 24 focused on building the capacity of higher education 25 290 •S 2438 RS institutions and systems in developing countries: 1 Provided further, That not later than 45 days after 2 the date of enactment of this Act, the USAID Ad-3 ministrator shall consult with the Committees on 4 Appropriations on the proposed uses of funds for 5 such partnerships: Provided further, That of such 6 amount and in addition to the previous proviso, not 7 less than $35,000,000 shall be made available for 8 higher education programs pursuant to section 9 7060(a)(3) of the Department of State, Foreign Op-10 erations, and Related Programs Appropriations Act, 11 2021 (division K of Public Law 116–260). 12 (3) S CHOLAR RESCUE PROGRAMS .—Of the 13 funds appropriated by this Act under the headings 14 ‘‘Development Assistance’’, ‘‘Economic Support 15 Fund’’, and ‘‘Assistance for Europe, Eurasia and 16 Central Asia’’, not less than $7,000,000 shall be 17 made available for scholar rescue programs, includ-18 ing for scholars from Afghanistan, Burma, Ethiopia, 19 the Russian Federation, Ukraine, and Yemen, which 20 shall be administered by the Assistant Secretary for 21 the Bureau of Democracy, Human Rights, and 22 Labor, Department of State. 23 (b) D EVELOPMENTPROGRAMS.—Of the funds appro-24 priated by this Act under the heading ‘‘Development As-25 291 •S 2438 RS sistance’’, not less than $20,000,000 shall be made avail-1 able for USAID cooperative development programs and 2 not less than $31,500,000 shall be made available for the 3 American Schools and Hospitals Abroad program. 4 (c) F OODSECURITY ANDAGRICULTURALDEVELOP-5 MENT.— 6 (1) U SE OF FUNDS.—Of the funds appropriated 7 by title III of this Act, not less than $1,110,600,000 8 shall be made available for food security and agricul-9 tural development programs to carry out the pur-10 poses of the Global Food Security Act of 2016 (Pub-11 lic Law 114–195), as amended by section 5588 of 12 the James M. Inhofe National Defense Authoriza-13 tion Act for Fiscal Year 2023 (Public Law 117– 14 263): Provided, That funds may be made available 15 for a contribution as authorized by section 3202 of 16 the Food, Conservation, and Energy Act of 2008 17 (Public Law 110–246), as amended by section 3310 18 of the Agriculture Improvement Act of 2018 (Public 19 Law 115–334). 20 (2) F EED THE FUTURE MODERNIZATION .—Of 21 the funds made available pursuant to this sub-22 section— 23 292 •S 2438 RS (A) not less than 50 percent shall be made 1 available for the Feed the Future target coun-2 tries; 3 (B) not less than $50,000,000 above the 4 prior fiscal year level shall be made available for 5 research and development, including for the Vi-6 sion for Adapted Crops and Soils program; and 7 (C) not less than $50,000,000 shall be 8 made available to support private sector invest-9 ment in food security, including as catalytic 10 capital. 11 (3) R EPORT.—Not later than 90 days after the 12 date of enactment of this Act, the Secretary of State 13 and USAID Administrator, in consultation with the 14 heads of other relevant Federal agencies, shall joint-15 ly submit a report to the Committees on Appropria-16 tions detailing steps that will be taken to advance 17 sustainability planning, including graduation 18 metrics, for target countries. 19 (d) M ICRO, SMALL, ANDMEDIUM-SIZEDENTER-20 PRISES.—Of the funds appropriated by this Act, not less 21 than $171,633,000 shall be made available to support the 22 development of, and access to financing for, micro, small, 23 and medium-sized enterprises that benefit the poor, espe-24 cially women. 25 293 •S 2438 RS (e) PROGRAMS TOCOMBATTRAFFICKING INPER-1 SONS.—Of the funds appropriated by this Act under the 2 headings ‘‘Development Assistance’’, ‘‘Economic Support 3 Fund’’, ‘‘Assistance for Europe, Eurasia and Central 4 Asia’’, and ‘‘International Narcotics Control and Law En-5 forcement’’, not less than $116,400,000 shall be made 6 available for activities to combat trafficking in persons 7 internationally, including for the Program to End Modern 8 Slavery, of which not less than $87,000,000 shall be from 9 funds made available under the heading ‘‘International 10 Narcotics Control and Law Enforcement’’: Provided, That 11 funds made available by this Act under the headings ‘‘De-12 velopment Assistance’’, ‘‘Economic Support Fund’’, and 13 ‘‘Assistance for Europe, Eurasia and Central Asia’’ that 14 are made available for activities to combat trafficking in 15 persons should be obligated and programmed consistent 16 with the country-specific recommendations included in the 17 annual Trafficking in Persons Report, and shall be coordi-18 nated with the Office to Monitor and Combat Trafficking 19 in Persons, Department of State. 20 (f) R ECONCILIATIONPROGRAMS.—Of the funds ap-21 propriated by this Act under the heading ‘‘Development 22 Assistance’’, not less than $25,000,000 shall be made 23 available to support people-to-people reconciliation pro-24 grams which bring together individuals of different ethnic, 25 294 •S 2438 RS racial, religious, and political backgrounds from areas of 1 civil strife and war: Provided, That the USAID Adminis-2 trator shall consult with the Committees on Appropria-3 tions, prior to the initial obligation of funds, on the uses 4 of such funds, and such funds shall be subject to the reg-5 ular notification procedures of the Committees on Appro-6 priations: Provided further, That to the maximum extent 7 practicable, such funds shall be matched by sources other 8 than the United States Government: Provided further, 9 That such funds shall be administered by the Center for 10 Conflict and Violence Prevention, USAID. 11 (g) W ATER ANDSANITATION.—Of the funds appro-12 priated by this Act, not less than $327,192,000 shall be 13 made available for water supply and sanitation projects 14 pursuant to section 136 of the Foreign Assistance Act of 15 1961: Provided, That such funds and funds appropriated 16 for such purposes by this Act and prior Acts making ap-17 propriations for the Department of State, foreign oper-18 ations, and related programs shall be made available to 19 continue implementing the Senator Paul Simon Water for 20 the World Act (Public Law 113–289) and Senator Paul 21 Simon Water for the Poor Act (Public Law 109–121) at 22 levels consistent with prior fiscal years. 23 (h) D EVIATION.—Unless otherwise provided for by 24 this Act, the Secretary of State and the Administrator of 25 295 •S 2438 RS the United States Agency for International Development, 1 as applicable, may deviate below the minimum funding re-2 quirements designated in sections 7059, 7060, and 7061 3 of this Act by up to 10 percent, notwithstanding such des-4 ignation: Provided, That concurrent with the submission 5 of the report required by section 653(a) of the Foreign 6 Assistance Act of 1961, the Secretary of State shall sub-7 mit to the Committees on Appropriations in writing any 8 proposed deviations utilizing such authority that are 9 planned at the time of submission of such report: Provided 10 further, That any deviations proposed subsequent to the 11 submission of such report shall be subject to prior con-12 sultation with such Committees: Provided further, That 13 not later than November 1, 2025, the Secretary of State 14 shall submit a report to the Committees on Appropriations 15 on the use of the authority of this subsection. 16 (i) P UBLIC-PRIVATEPARTNERSHIPS.—Of the funds 17 appropriated by this Act and prior Acts making appropria-18 tions for the Department of State foreign operations, and 19 related programs under the heading ‘‘Economic Support 20 Fund’’, $100,000,000 shall be made available to support 21 new public-private partnership foundations for conserva-22 tion and food security if legislation establishing such foun-23 dations is enacted into law by September 30, 2024. 24 296 •S 2438 RS ENVIRONMENT PROGRAMS 1 S EC. 7061. (a) Funds appropriated by this Act to 2 carry out the provisions of sections 103 through 106, and 3 chapter 4 of part II, of the Foreign Assistance Act of 1961 4 may be used, notwithstanding any other provision of law, 5 except for the provisions of this section and only subject 6 to the reporting procedures of the Committees on Appro-7 priations, to support environment programs. 8 (b)(1) Of the funds appropriated under title III of 9 this Act, not less than $400,000,000 shall be made avail-10 able for biodiversity conservation programs. 11 (2) Not less than $125,000,000 of the funds appro-12 priated under titles III and IV of this Act shall be made 13 available to combat the transnational threat of wildlife 14 poaching and trafficking. 15 (3) None of the funds appropriated under title IV of 16 this Act may be made available for training or other as-17 sistance for any military unit or personnel that the Sec-18 retary of State determines has been credibly alleged to 19 have participated in wildlife poaching or trafficking, unless 20 the Secretary reports to the appropriate congressional 21 committees that to do so is in the national security inter-22 est of the United States. 23 (4) Funds appropriated by this Act for biodiversity 24 programs shall not be used to support the expansion of 25 297 •S 2438 RS industrial scale logging, agriculture, livestock production, 1 mining, or any other industrial scale extractive activity 2 into areas that were primary/intact tropical forests as of 3 December 30, 2013, and the Secretary of the Treasury 4 shall instruct the United States executive directors of each 5 international financial institution (IFI) to use the voice 6 and vote of the United States to oppose any financing of 7 any such activity. 8 (c) The Secretary of the Treasury shall instruct the 9 United States executive director of each IFI that it is the 10 policy of the United States to use the voice and vote of 11 the United States, in relation to any loan, grant, strategy, 12 or policy of such institution, regarding the construction 13 of any large dam consistent with the criteria set forth in 14 Senate Report 114–79, while also considering whether the 15 project involves important foreign policy objectives. 16 (d) Of the funds appropriated under title III of this 17 Act, not less than $200,000,000 shall be made available 18 for sustainable landscapes programs. 19 (e) Of the funds appropriated under title III of this 20 Act, not less than $285,000,000 shall be made available 21 for adaptation programs, including in support of the im-22 plementation of the Indo-Pacific Strategy. 23 (f) Of the funds appropriated under title III of this 24 Act, not less than $275,000,000 shall be made available 25 298 •S 2438 RS for clean energy programs, including in support of car-1 rying out the purposes of the Electrify Africa Act (Public 2 Law 114–121) and implementing the Power Africa initia-3 tive. 4 (g) Funds appropriated by this Act under title III 5 may be made available for United States contributions to 6 the Adaptation Fund and the Least Developed Countries 7 Fund. 8 (h) Of the funds appropriated under title III of this 9 Act, not less than $50,000,000 shall be made available for 10 the purposes enumerated under section 7060(c)(7) of the 11 Department of State, Foreign Operations, and Related 12 Programs Appropriations Act, 2021 (division K of Public 13 Law 116–260): Provided, That such funds may only be 14 made available following consultation with the Committees 15 on Appropriations. 16 (i) Of the funds appropriated under title III of this 17 Act, not less than $20,000,000 shall be made available to 18 support Indigenous and other civil society organizations 19 in developing countries that are working to protect the en-20 vironment, including threatened and endangered species, 21 as described under this section in the report accompanying 22 this Act. 23 (j) The Secretary of State and USAID Administrator 24 shall implement the directive regarding law enforcement 25 299 •S 2438 RS in national parks and protected areas as described under 1 this section in the report accompanying this Act. 2 BUDGET DOCUMENTS 3 S EC. 7062. (a) OPERATINGPLANS.—Not later than 4 45 days after the date of enactment of this Act, each de-5 partment, agency, or organization funded in titles I, II, 6 and VI of this Act, the Department of the Treasury and 7 Independent Agencies funded in title III of this Act, in-8 cluding the Inter-American Foundation and the United 9 States African Development Foundation, and the Endur-10 ing Welcome Program Account established in title VII of 11 this Act, shall submit to the Committees on Appropria-12 tions an operating plan for funds appropriated to such de-13 partment, agency, or organization in such titles of this 14 Act, or funds otherwise available for obligation in fiscal 15 year 2024, that provides details of the uses of such funds 16 at the program, project, and activity level: Provided, That 17 such plans shall include, as applicable, a comparison be-18 tween the congressional budget justification funding levels, 19 the most recent congressional directives or approved fund-20 ing levels, and the funding levels proposed by the depart-21 ment or agency; and a clear, concise, and informative de-22 scription/justification: Provided further, That operating 23 plans that include changes in levels of funding for pro-24 grams, projects, and activities specified in the congres-25 300 •S 2438 RS sional budget justification, in this Act, or amounts specifi-1 cally designated in the respective tables included in the 2 report accompanying this Act, as applicable, shall be sub-3 ject to the notification and reprogramming requirements 4 of section 7015 of this Act. 5 (b) S PENDPLANS.— 6 (1) Prior to the initial obligation of funds, the 7 Secretary of State or Administrator of the United 8 States Agency for International Development, as ap-9 propriate, shall submit to the Committees on Appro-10 priations spend plans as described under this section 11 in the report accompanying this Act. 12 (2) Not later than 90 days after the date of en-13 actment of this Act, the Secretary of the Treasury 14 shall submit to the Committees on Appropriations a 15 detailed spend plan for funds made available by this 16 Act under the headings ‘‘Department of the Treas-17 ury, International Affairs Technical Assistance’’ in 18 title III and ‘‘Treasury International Assistance Pro-19 grams’’ in title V. 20 (3) Notwithstanding paragraph (1), up to 10 21 percent of the funds contained in a spend plan re-22 quired by this subsection may be obligated prior to 23 the submission of such spend plan if the Secretary 24 of State, the USAID Administrator, or the Secretary 25 301 •S 2438 RS of the Treasury, as applicable, determines that the 1 obligation of such funds is necessary to avoid signifi-2 cant programmatic disruption: Provided, That not 3 less than seven days prior to such obligation, the 4 Secretary or Administrator, as appropriate, shall 5 consult with the Committees on Appropriations on 6 the justification for such obligation and the proposed 7 uses of such funds. 8 (c) C LARIFICATION.—The spend plans referenced in 9 subsection (b) shall not be considered as meeting the noti-10 fication requirements in this Act or under section 634A 11 of the Foreign Assistance Act of 1961. 12 (d) C ONGRESSIONALBUDGETJUSTIFICATION.—The 13 congressional budget justification for Department of State 14 operations and foreign operations shall be provided to the 15 Committees on Appropriations concurrent with the date 16 of submission of the President’s budget for fiscal year 17 2025: Provided, That the appendices for such justification 18 shall be provided to the Committees on Appropriations not 19 later than 10 calendar days thereafter. 20 REORGANIZATION 21 S EC. 7063. (a) PRIORCONSULTATION AND NOTIFI-22 CATION.—Funds appropriated by this Act, prior Acts 23 making appropriations for the Department of State, for-24 eign operations, and related programs, or any other Act 25 302 •S 2438 RS may not be used to implement a reorganization, redesign, 1 or other plan described in subsection (b) by the Depart-2 ment of State, the United States Agency for International 3 Development, or any other Federal department, agency, 4 or organization funded by this Act without prior consulta-5 tion by the head of such department, agency, or organiza-6 tion with the appropriate congressional committees: Pro-7 vided, That such funds shall be subject to the regular noti-8 fication procedures of the Committees on Appropriations: 9 Provided further, That any such notification submitted to 10 such Committees shall include a detailed justification for 11 any proposed action: Provided further, That congressional 12 notifications submitted in prior fiscal years pursuant to 13 similar provisions of law in prior Acts making appropria-14 tions for the Department of State, foreign operations, and 15 related programs may be deemed to meet the notification 16 requirements of this section. 17 (b) D ESCRIPTION OFACTIVITIES.—Pursuant to sub-18 section (a), a reorganization, redesign, or other plan shall 19 include any action to— 20 (1) expand, eliminate, consolidate, or downsize 21 covered departments, agencies, or organizations, in-22 cluding bureaus and offices within or between such 23 departments, agencies, or organizations, including 24 303 •S 2438 RS the transfer to other agencies of the authorities and 1 responsibilities of such bureaus and offices; 2 (2) expand, eliminate, consolidate, or downsize 3 the United States official presence overseas, includ-4 ing at bilateral, regional, and multilateral diplomatic 5 facilities and other platforms; or 6 (3) expand or reduce the size of the permanent 7 Civil Service, Foreign Service, eligible family mem-8 ber, and locally employed staff workforce of the De-9 partment of State and USAID from the staffing lev-10 els previously justified to the Committees on Appro-11 priations for fiscal year 2024. 12 DEPARTMENT OF STATE MANAGEMENT 13 S EC. 7064. (a) WORKINGCAPITALFUND.—Funds 14 appropriated by this Act or otherwise made available to 15 the Department of State for payments to the Working 16 Capital Fund that are made available for new service cen-17 ters, shall be subject to the regular notification procedures 18 of the Committees on Appropriations. 19 (b) C ERTIFICATION.— 20 (1) C OMPLIANCE.—Not later than 45 days 21 after the initial obligation of funds appropriated 22 under titles III and IV of this Act that are made 23 available to a Department of State bureau or office 24 with responsibility for the management and over-25 304 •S 2438 RS sight of such funds, the Secretary of State shall cer-1 tify and report to the Committees on Appropria-2 tions, on an individual bureau or office basis, that 3 such bureau or office is in compliance with Depart-4 ment and Federal financial and grants management 5 policies, procedures, and regulations, as applicable. 6 (2) C ONSIDERATIONS.—When making a certifi-7 cation required by paragraph (1), the Secretary of 8 State shall consider the capacity of a bureau or of-9 fice to— 10 (A) account for the obligated funds at the 11 country and program level, as appropriate; 12 (B) identify risks and develop mitigation 13 and monitoring plans; 14 (C) establish performance measures and 15 indicators; 16 (D) review activities and performance; and 17 (E) assess final results and reconcile fi-18 nances. 19 (3) P LAN.—If the Secretary of State is unable 20 to make a certification required by paragraph (1), 21 the Secretary shall submit a plan and timeline de-22 tailing the steps to be taken to bring such bureau 23 or office into compliance. 24 305 •S 2438 RS (c) INFORMATIONTECHNOLOGYPLATFORM.—None 1 of the funds appropriated in title I of this Act under the 2 heading ‘‘Administration of Foreign Affairs’’ may be made 3 available for a new major information technology invest-4 ment without the concurrence of the Chief Information Of-5 ficer, Department of State. 6 UNITED STATES AGENCY FOR INTERNATIONAL 7 DEVELOPMENT MANAGEMENT 8 S EC. 7065. (a) AUTHORITY.—Up to $170,000,000 of 9 the funds made available in title III of this Act pursuant 10 to or to carry out the provisions of part I of the Foreign 11 Assistance Act of 1961, including funds appropriated 12 under the heading ‘‘Assistance for Europe, Eurasia and 13 Central Asia’’, may be used by the United States Agency 14 for International Development to hire and employ individ-15 uals in the United States and overseas on a limited ap-16 pointment basis pursuant to the authority of sections 308 17 and 309 of the Foreign Service Act of 1980 (22 U.S.C. 18 3948 and 3949). 19 (b) R ESTRICTION.—The authority to hire individuals 20 contained in subsection (a) shall expire on September 30, 21 2025. 22 (c) P ROGRAMACCOUNTCHARGED.—The account 23 charged for the cost of an individual hired and employed 24 under the authority of this section shall be the account 25 306 •S 2438 RS to which the responsibilities of such individual primarily 1 relate: Provided, That funds made available to carry out 2 this section may be transferred to, and merged with, funds 3 appropriated by this Act in title II under the heading ‘‘Op-4 erating Expenses’’. 5 (d) F OREIGNSERVICELIMITEDEXTENSIONS.—Indi-6 viduals hired and employed by USAID, with funds made 7 available in this Act or prior Acts making appropriations 8 for the Department of State, foreign operations, and re-9 lated programs, pursuant to the authority of section 309 10 of the Foreign Service Act of 1980 (22 U.S.C. 3949), may 11 be extended for a period of up to 4 years notwithstanding 12 the limitation set forth in such section. 13 (e) D ISASTERSURGECAPACITY.—Funds appro-14 priated under title III of this Act to carry out part I of 15 the Foreign Assistance Act of 1961, including funds ap-16 propriated under the heading ‘‘Assistance for Europe, 17 Eurasia and Central Asia’’, may be used, in addition to 18 funds otherwise available for such purposes, for the cost 19 (including the support costs) of individuals detailed to or 20 employed by USAID whose primary responsibility is to 21 carry out programs in response to natural disasters, or 22 man-made disasters subject to the regular notification 23 procedures of the Committees on Appropriations. 24 307 •S 2438 RS (f) PERSONALSERVICESCONTRACTORS.—Funds ap-1 propriated by this Act to carry out chapter 1 of part I, 2 chapter 4 of part II, and section 667 of the Foreign As-3 sistance Act of 1961, and title II of the Food for Peace 4 Act (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be 5 used by USAID to employ up to 40 personal services con-6 tractors in the United States, notwithstanding any other 7 provision of law, for the purpose of providing direct, in-8 terim support for new or expanded overseas programs and 9 activities managed by the agency until permanent direct 10 hire personnel are hired and trained: Provided, That not 11 more than 15 of such contractors shall be assigned to any 12 bureau or office: Provided further, That such funds appro-13 priated to carry out title II of the Food for Peace Act 14 (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be made 15 available only for personal services contractors assigned 16 to the Bureau for Humanitarian Assistance. 17 (g) S MALLBUSINESS.—In entering into multiple 18 award indefinite-quantity contracts with funds appro-19 priated by this Act, USAID may provide an exception to 20 the fair opportunity process for placing task orders under 21 such contracts when the order is placed with any category 22 of small or small disadvantaged business. 23 (h) S ENIORFOREIGNSERVICELIMITEDAPPOINT-24 MENTS.—Individuals hired pursuant to the authority pro-25 308 •S 2438 RS vided by section 7059(o) of the Department of State, For-1 eign Operations, and Related Programs Appropriations 2 Act, 2010 (division F of Public Law 111–117) may be 3 assigned to or support programs in Afghanistan or Paki-4 stan with funds made available in this Act and prior Acts 5 making appropriations for the Department of State, for-6 eign operations, and related programs. 7 (i) C RISISOPERATIONS STAFFING.—Up to 8 $86,000,000 of the funds made available in title III of 9 this Act pursuant to, or to carry out the provisions of, 10 part I of the Foreign Assistance Act of 1961 and section 11 509(b) of the Global Fragility Act of 2019 (title V of divi-12 sion J of Public Law 116–94) may be made available for 13 the United States Agency for International Development 14 to appoint and employ personnel in the excepted service 15 to prevent or respond to foreign crises and contexts with 16 growing instability: Provided, That functions carried out 17 by personnel hired under the authority of this subsection 18 shall be related to the purpose for which the funds were 19 appropriated: Provided further, That such funds are in ad-20 dition to funds otherwise available for such purposes and 21 may remain attributed to any minimum funding require-22 ment for which they were originally made available: Pro-23 vided further, That the USAID Administrator shall coordi-24 nate with the Director of the Office of Personnel Manage-25 309 •S 2438 RS ment and consult with the appropriate congressional com-1 mittees on implementation of this provision. 2 (j) P ERSONALSERVICEAGREEMENTS.—Funds ap-3 propriated by this Act under titles II and III may be made 4 available for the USAID Administrator to exercise the au-5 thorities of section 2669(c) of title 22, United States 6 Code. 7 STABILIZATION AND DEVELOPMENT IN REGIONS 8 IMPACTED BY EXTREMISM AND CONFLICT 9 S EC. 7066. (a) PREVENTION AND STABILIZATION 10 F UND.—Of the funds appropriated by this Act under the 11 heading ‘‘Economic Support Fund’’, not less than 12 $135,000,000 shall be made available for the Prevention 13 and Stabilization Fund for the purposes enumerated in 14 section 509(a) of the Global Fragility Act of 2019 (title 15 V of division J of Public Law 116–94), of which 16 $25,000,000 may be made available for the Multi-Donor 17 Global Fragility Fund authorized by section 510(c) of 18 such Act: Provided, That such funds may only be made 19 available for assistance for Mozambique, Papua New 20 Guinea, and countries in Coastal West Africa: Provided 21 further, That funds appropriated under such headings may 22 be transferred to, and merged with, funds appropriated 23 under the headings ‘‘International Narcotics Control and 24 Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 25 310 •S 2438 RS Demining and Related Programs’’, ‘‘Peacekeeping Oper-1 ations’’, and ‘‘Foreign Military Financing Program’’ for 2 such purposes: Provided further, That such transfer au-3 thority is in addition to any other transfer authority pro-4 vided by this Act or any other Act, and is subject to prior 5 consultation with, and the regular notification procedures 6 of, the Committees on Appropriations: Provided further, 7 That funds made available pursuant to this subsection 8 that are transferred to funds appropriated under the head-9 ing ‘‘Foreign Military Financing Program’’ may remain 10 available until September 30, 2025. 11 (b) G LOBALCOMMUNITYENGAGEMENT AND RESIL-12 IENCEFUND.—Funds appropriated by this Act and prior 13 Acts making appropriations for the Department of State, 14 foreign operations, and related programs under the head-15 ing ‘‘Economic Support Fund’’ may be made available to 16 the Global Community Engagement and Resilience Fund, 17 including as a contribution. 18 DEBT-FOR-DEVELOPMENT 19 S EC. 7067. In order to enhance the continued partici-20 pation of nongovernmental organizations in debt-for-devel-21 opment and debt-for-nature exchanges, a nongovern-22 mental organization which is a grantee or contractor of 23 the United States Agency for International Development 24 may place in interest bearing accounts local currencies 25 311 •S 2438 RS which accrue to that organization as a result of economic 1 assistance provided under title III of this Act and, subject 2 to the regular notification procedures of the Committees 3 on Appropriations, any interest earned on such investment 4 shall be used for the purpose for which the assistance was 5 provided to that organization. 6 EXTENSION OF CONSULAR FEES AND RELATED 7 AUTHORITIES 8 S EC. 7068. (a) Section 1(b)(1) of the Passport Act 9 of June 4, 1920 (22 U.S.C. 214(b)(1)) shall be applied 10 through fiscal year 2024 by substituting ‘‘the costs of pro-11 viding consular services’’ for ‘‘such costs’’. 12 (b) Section 21009 of the Emergency Appropriations 13 for Coronavirus Health Response and Agency Operations 14 (division B of Public Law 116–136; 134 Stat. 592) shall 15 be applied during fiscal year 2024 by substituting ‘‘2020 16 through 2024’’ for ‘‘2020 through 2023’’. 17 (c) Discretionary amounts made available to the De-18 partment of State under the heading ‘‘Administration of 19 Foreign Affairs’’ of this Act, and discretionary unobli-20 gated balances under such heading from prior Acts mak-21 ing appropriations for the Department of State, foreign 22 operations, and related programs, may be transferred to 23 the Consular and Border Security Programs account if the 24 Secretary of State determines and reports to the Commit-25 312 •S 2438 RS tees on Appropriations that to do so is necessary to sus-1 tain consular operations, following consultation with such 2 Committees: Provided, That such transfer authority is in 3 addition to any transfer authority otherwise available in 4 this Act and under any other provision of law: Provided 5 further, That no amounts may be transferred from 6 amounts designated as an emergency requirement pursu-7 ant to a concurrent resolution on the budget or the Bal-8 anced Budget and Emergency Deficit Control Act of 1985. 9 (d) In addition to the uses permitted pursuant to sec-10 tion 286(v)(2)(A) of the Immigration and Nationality Act 11 (8 U.S.C. 1356(v)(2)(A)), for fiscal year 2023, the Sec-12 retary of State may also use fees deposited into the Fraud 13 Prevention and Detection Account for the costs of pro-14 viding consular services. 15 (e) Amounts provided pursuant to subsection (b) are 16 designated by the Congress as being for an emergency re-17 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-18 anced Budget and Emergency Deficit Control Act of 1985. 19 USAID BUYING POWER MAINTENANCE ACCOUNT 20 S EC. 7069. There is hereby established in the Treas-21 ury of the United States a USAID Buying Power Mainte-22 nance Account (the ‘‘Account’’): Provided, That up to 23 $50,000,000 of expired or unexpired discretionary unobli-24 gated balances appropriated for this and for any suc-25 313 •S 2438 RS ceeding fiscal year under the heading ‘‘Operating Ex-1 penses’’ may be transferred to, and merged with, the Ac-2 count not later than the end of the fifth fiscal year after 3 the last fiscal year for which such funds are available for 4 the purposes for which appropriated: Provided further, 5 That amounts deposited in the Account shall be available 6 until expended for the purposes of offsetting adverse fluc-7 tuations in foreign currency exchange rates or overseas 8 wage and price changes to maintain overseas operations, 9 in addition to such other funds as may be available for 10 such purposes: Provided further, That amounts from the 11 Account may be transferred to, and merged with, funds 12 appropriated under titles II and III of this Act or subse-13 quent Acts making appropriations for the Department of 14 State, foreign operations, and related programs for such 15 purposes: Provided further, That any specific designation 16 or restriction contained in this Act or any other provision 17 of law limiting the amounts available that may be obli-18 gated or expended shall be deemed to be adjusted to the 19 extent necessary to offset the net effect of fluctuations in 20 foreign currency exchange rates or overseas wage and 21 price changes in order to maintain approved levels: Pro-22 vided further, That transfers pursuant to this section shall 23 be subject to the regular notification procedures of the 24 Committees on Appropriations. 25 314 •S 2438 RS ORGANIZATION OF AMERICAN STATES 1 S EC. 7070. (a) The Secretary of State shall instruct 2 the United States Permanent Representative to the Orga-3 nization of American States (OAS) to use the voice and 4 vote of the United States to: (1) implement budgetary re-5 forms and efficiencies within the Organization; (2) elimi-6 nate arrears, increase other donor contributions, and im-7 pose penalties for successive late payment of assessments; 8 (3) prevent programmatic and organizational 9 redundancies and consolidate duplicative activities and 10 functions; (4) prioritize areas in which the OAS has exper-11 tise, such as strengthening democracy, monitoring elec-12 toral processes, and protecting human rights; and (5) im-13 plement reforms within the Office of the Inspector General 14 (OIG) to ensure the OIG has the necessary leadership, in-15 tegrity, professionalism, independence, policies, and proce-16 dures to properly carry out its responsibilities in a manner 17 that meets or exceeds best practices in the United States. 18 (b) Prior to the obligation of funds appropriated by 19 this Act and made available for an assessed contribution 20 to the Organization of American States, but not later than 21 90 days after the date of enactment of this Act, the Sec-22 retary of State shall submit a report to the appropriate 23 congressional committees on actions taken or planned to 24 be taken pursuant to subsection (a) that are in addition 25 315 •S 2438 RS to actions taken during the preceding fiscal year, and the 1 results of such actions. 2 MULTILATERAL DEVELOPMENT BANKS 3 S EC. 7071. The African Development Fund Act (22 4 U.S.C. 290g et seq.) is amended by adding at the end the 5 following new section: 6 ‘‘SEC. 227. SIXTEENTH REPLENISHMENT. 7 ‘‘(a) I NGENERAL.—The United States Governor of 8 the Fund is authorized to contribute on behalf of the 9 United States $591,000,000 to the sixteenth replenish-10 ment of the resources of the Fund, subject to obtaining 11 the necessary appropriations. 12 ‘‘(b) A UTHORIZATION OF APPROPRIATIONS.—In 13 order to pay for the United States contribution provided 14 for in subsection (a), there are authorized to be appro-15 priated, without fiscal year limitation, $591,000,000 for 16 payment by the Secretary of the Treasury.’’. 17 ENDURING WELCOME PROGRAM ACCOUNT 18 S EC. 7072. There is established an account in the 19 Treasury to be known as the ‘‘Enduring Welcome Pro-20 gram Account’’ to provide for relocation and related sup-21 port of individuals at risk as a result of the situation in 22 Afghanistan, including travel and related expenditures, se-23 curity and vetting, sustainment and other needs, fees, ex-24 aminations, facilities, and administrative expenses: Pro-25 316 •S 2438 RS vided, That such funds may be made available as contribu-1 tions and are in addition to funds otherwise available for 2 such purposes: Provided further, That such funds may be 3 considered to be foreign assistance under the Foreign As-4 sistance Act of 1961 for purposes of making available the 5 administrative authorities contained in that Act, as appro-6 priate : Provided further, That unobligated balances from 7 prior year appropriations made available to the Depart-8 ment of State for support for Operation Enduring Wel-9 come and related efforts, including amounts transferred 10 to the Department pursuant to section 122 of division A 11 of Public Law 117–180, may be transferred to this ac-12 count for purposes specified in this section: Provided fur-13 ther, That amounts transferred to this account from funds 14 made available under the heading ‘‘Emergency Refugee 15 and Migration Assistance’’, may be made available not-16 withstanding any provision of law which restricts assist-17 ance to foreign countries: Provided further, That amounts 18 transferred pursuant to this section that were previously 19 designated by the Congress as an emergency requirement 20 pursuant to a concurrent resolution on the budget or the 21 Balanced Budget and Emergency Deficit Control Act of 22 1985 are designated by the Congress as being an emer-23 gency requirement pursuant to section 251(b)(2)(A)(i) of 24 317 •S 2438 RS the Balanced Budget and Emergency Deficit Control Act 1 of 1985. 2 INTERNATIONAL BOUNDARY AND WATER COMMISSION 3 (INCLUDING TRANSFER OF FUNDS) 4 S EC. 7073. Funds may be transferred to the United 5 States Section of the International Boundary and Water 6 Commission, United States and Mexico, from Federal or 7 non-Federal entities, to study, design, construct, operate, 8 and maintain treatment and flood control works and re-9 lated structures, consistent with the functions of the 10 United States Section: Provided, That such funds shall be 11 deposited in an account under the heading ‘‘International 12 Boundary and Water Commission, United States and 13 Mexico’’, to remain available until expended. 14 RESCISSIONS 15 (INCLUDING RESCISSIONS OF FUNDS) 16 S EC. 7074. (a) MILLENNIUMCHALLENGECORPORA-17 TION.—Of the unobligated balances from amounts made 18 available under the heading ‘‘Millennium Challenge Cor-19 poration’’ from prior Acts making appropriations for the 20 Department of State, foreign operations, and related pro-21 grams, $100,000,000 are rescinded. 22 (b) E MBASSYSECURITY, CONSTRUCTION, ANDMAIN-23 TENANCE.—Of the unobligated and unexpended balances 24 from amounts made available under the heading ‘‘Em-25 318 •S 2438 RS bassy Security, Construction, and Maintenance’’ from 1 prior Acts making appropriations for the Department of 2 State, foreign operations, and related programs, 3 $324,445,000 are rescinded. 4 (c) I NTERNATIONALNARCOTICSCONTROL ANDLAW 5 E NFORCEMENT.—Of the unobligated and unexpended bal-6 ances from amounts made available under the heading 7 ‘‘International Narcotics Control and Law Enforcement’’ 8 from prior Acts making appropriations for the Depart-9 ment of State, foreign operations, and related programs, 10 $67,000,000 are rescinded. 11 (d) C ONSULAR AND BORDERSECURITYPRO-12 GRAMS.—Of the unobligated balances available in the 13 ‘‘Consular and Border Security Programs’’ account, 14 $250,000,000 are rescinded. 15 (e) E XPORT-IMPORTBANK.—Of the unobligated bal-16 ances from amounts made available under the heading 17 ‘‘Export and Investment Assistance, Export-Import Bank 18 of the United States, Subsidy Appropriation’’ for tied-aid 19 grants from prior Acts making appropriations for the De-20 partment of State, foreign operations, and related pro-21 grams, $59,000,000 are rescinded. 22 (f) R ESTRICTION.—No amounts may be rescinded 23 from amounts that were previously designated by the Con-24 gress as an emergency requirement pursuant to a concur-25 319 •S 2438 RS rent resolution on the budget or section 251(b)(2)(A)(i) 1 of the Balanced Budget and Emergency Deficit Control 2 Act of 1985. 3 AVAILABILITY OF FUNDS 4 S EC. 7075. Each amount designated in this Act by 5 the Congress as an emergency requirement pursuant to 6 section 251(b)(2)(A)(i) of the Balanced Budget and 7 Emergency Deficit Control Act of 1985 shall be available 8 only if the President subsequently so designates all such 9 amounts and transmits such designations to the Congress. 10 This Act may be cited as the ‘‘Department of State, 11 Foreign Operations, and Related Programs Appropria-12 tions Act, 2024’’. 13 Calendar No. 144 118 TH CONGRESS 1 ST S ESSION S. 2438 [Report No. 118–71] A BILL Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2024, and for other purposes. J ULY 20, 2023 Read twice and placed on the calendar