[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7608 Reported in House (RH)]
<DOC>
Union Calendar No. 356
116th CONGRESS
2d Session
H. R. 7608
[Report No. 116-444]
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2021, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2020
Mrs. Lowey, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2021, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of State, foreign operations, and
related programs for the fiscal year ending September 30, 2021, and for
other purposes, namely:
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $9,188,195,000, of which
$763,845,000 may remain available until September 30, 2022, and of
which up to $4,095,899,000 may remain available until expended for
Worldwide Security Protection: Provided, That of the amount made
available under this heading for Worldwide Security Protection,
$2,626,122,000 is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That funds made available under this heading shall be
allocated in accordance with paragraphs (1) through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36),
$2,999,725,000, of which up to $543,687,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,840,143,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation, and disarmament activities as
authorized, $774,882,000: Provided, That none of the funds made
available pursuant to this paragraph shall be available for the
official travel of the Secretary of State from the period of
time between the submission to Congress of the President's
fiscal year 2022 budget and the Secretary of State providing
written confirmation of a mutually agreed upon date for the
Secretary's participation in a budget hearing before the
Committees on Appropriations.
(4) Security programs.--For necessary expenses for security
activities, $3,573,445,000, of which up to $3,552,212,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or
other payments received from English teaching, library,
motion pictures, and publication programs and from fees
from educational advising and counseling and exchange
visitor programs; and
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this
Act, funds may be reprogrammed within and between
paragraphs (1) through (4) under this heading subject
to section 7015 of this Act.
(B) Of the amount made available under this
heading, not to exceed $10,000,000 may be transferred
to, and merged with, funds made available by this Act
under the heading ``Emergencies in the Diplomatic and
Consular Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to section 1108(g) of title 31, United States
Code, for the field examination of programs and
activities in the United States funded from any account
contained in this title.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $137,500,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$90,829,000, of which $13,624,000 may remain available until September
30, 2022: Provided, That funds appropriated under this heading are made
available notwithstanding section 209(a)(1) of the Foreign Service Act
of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight, $54,900,000, to
remain available until September 30, 2022, which is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided, That funds
appropriated under this heading that are made available for the
printing and reproduction costs of SIGAR shall not exceed amounts for
such costs during the prior fiscal year.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $741,700,000, to remain available until
expended, of which not less than $277,000,000 shall be for the
Fulbright Program and not less than $116,860,000 shall be for Citizen
Exchange Program: Provided, That fees or other payments received from,
or in connection with, English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized may be
credited to this account, to remain available until expended: Provided
further, That a portion of the Fulbright awards from the Eurasia and
Central Asia regions shall be designated as Edmund S. Muskie
Fellowships, following consultation with the Committees on
Appropriations: Provided further, That funds appropriated under this
heading that are made available for the Benjamin Gilman International
Scholarships Program shall also be made available for the John S.
McCain Scholars Program, pursuant to section 7075 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6): Provided further, That not less
than $5,000,000 of the funds appropriated under this heading shall be
made available for the Global TechGirls Program in the manner specified
under this heading in the report accompanying this Act: Provided
further, That of the funds made available under this heading for the
Fulbright Program, not less than $5,000,000 shall be made available for
the English Teaching in Africa Program in the manner specified under
this heading in the report accompanying this Act: Provided further,
That funds appropriated under this heading may be made available for
the Civil Society Exchange Program following consultation with the
Committees on Appropriations: Provided further, That any substantive
modifications from the prior fiscal year to programs funded by this Act
under this heading shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,415,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services, as
authorized, $30,890,000, to remain available until September 30, 2022.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds otherwise
available, the Harry S Truman Building, $769,800,000, to remain
available until September 30, 2025, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or generators for
other departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,205,649,000, to remain
available until September 30, 2025, of which $424,287,000 is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $7,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'': Provided, That $1,800,000 of the funds appropriated under
this heading may not be obligated until the Secretary of State provides
written confirmation to the Committees on Appropriations of a mutually
agreed upon date for the Secretary's participation in a budget hearing
before such Committees: Provided further, That the limitation of the
previous proviso shall not apply if such funds are necessary for
emergency evacuations or the payment of rewards for information related
to international terrorism, narcotics-related activities, transnational
organized crime, and war crimes as authorized by section 36 of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2708).
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$4,147,881.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $2,743,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions, or specific Acts of Congress, $1,505,928,000, of
which $96,240,000, to remain available until September 30, 2022, is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That
notwithstanding any other provision of this Act, of the funds
appropriated under this heading, not less than $118,949,000 shall be
made available for the World Health Organization and not less than
$53,909,000 shall be made available for the North Atlantic Treaty
Organization, which shall be disbursed not later than 60 days after the
date of enactment of this Act: Provided further, That with the
exception of organizations from which the United States has withdrawn,
funds appropriated by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs under
this heading shall be made available for payment of the full United
States assessment to the United Nations regular budget at 22 percent
for 2019, 2020, and 2021, as agreed to by the United States Mission as
a Member State to the United Nations in A/RES/73/271 on December 22,
2018: Provided further, That such funds shall also be made available
for the full United States assessment for other international
organizations funded under this heading unless otherwise provided for
by this Act or another provision of law: Provided further, That the
Secretary of State shall, at the time of the submission of the
President's budget to Congress under section 1105(a) of title 31,
United States Code, transmit to the Committees on Appropriations the
most recent biennial budget prepared by the United Nations for the
operations of the United Nations: Provided further, That the Secretary
of State shall notify the Committees on Appropriations at least 15 days
in advance (or in an emergency, as far in advance as is practicable) of
any United Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere in the
United Nations budget: Provided further, That any payment of arrearages
under this heading shall be directed to activities that are mutually
agreed upon by the United States and the respective international
organization and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
none of the funds appropriated under this heading shall be available
for a United States contribution to an international organization for
the United States share of interest costs made known to the United
States Government by such organization for loans incurred on or after
October 1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,456,314,000, of
which $705,994,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided, That of the funds made available under this
heading, up to $818,494,000 may remain available until September 30,
2022: Provided further, That none of the funds made available by this
Act shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance of
voting for such mission in the United Nations Security Council (or in
an emergency as far in advance as is practicable), the Committees on
Appropriations are notified of: (1) the estimated cost and duration of
the mission, the objectives of the mission, the national interest that
will be served, and the exit strategy; and (2) the sources of funds,
including any reprogrammings or transfers, that will be used to pay the
cost of the new or expanded mission, and the estimated cost in future
fiscal years: Provided further, That none of the funds appropriated
under this heading may be made available for obligation unless the
Secretary of State certifies and reports to the Committees on
Appropriations on a peacekeeping mission-by-mission basis that the
United Nations is implementing effective policies and procedures to
prevent United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking in
persons, exploiting victims of trafficking, or committing acts of
sexual exploitation and abuse or other violations of human rights, and
to hold accountable individuals who engage in such acts while
participating in such mission, including prosecution in their home
countries and making information about such prosecutions publicly
available on the website of the United Nations: Provided further, That
the Secretary of State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement effective
vetting procedures to ensure that such troops have not violated human
rights: Provided further, That funds shall be available for
peacekeeping expenses unless the Secretary of State determines that
United States manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of the funds
appropriated or otherwise made available under this heading may be used
for any United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of a
foreign national, unless the President's military advisors have
submitted to the President a recommendation that such involvement is in
the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further, That
notwithstanding any other provision of law, funds appropriated or
otherwise made available under this heading in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs may be made available for United States assessed
contributions up to the amount specified in the Annex accompanying
United Nations General Assembly document A/73/350/Add.1.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $49,770,000,
of which $7,465,000 may remain available until September 30, 2022.
construction
For detailed plan preparation and construction of authorized
projects, $49,000,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission, $15,008,000: Provided, That of the
amount provided under this heading for the International Joint
Commission, up to $1,250,000 may remain available until September 30,
2022, and up to $9,000 may be made available for representation
expenses: Provided further, That of the amount provided under this
heading for the International Boundary Commission, up to $1,000 may be
made available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $60,718,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for
Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East, $632,732,000,
of which $39,035,000 may remain available until September 30, 2022:
Provided, That in addition to amounts otherwise available for such
purposes, up to $31,637,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $9,500,000 shall
be for Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be used for such
expenses within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free Europe/
Radio Liberty: Provided further, That funds appropriated under this
heading shall be made available in accordance with the statutory
firewall and highest standards of professional journalism described in
part 531 of title 22, Code of Federal Regulations, as in effect on June
11, 2020: Provided further, That not later than 90 days after enactment
of this Act the Inspector General for the Department of State and the
United States Agency for Global Media shall conduct a financial and
performance audit and issue a report on compliance by the USAGM Chief
Executive Officer and the USAGM news media networks and entities with
the requirement of the previous proviso: Provided further, That the
USAGM shall notify the Committees on Appropriations within 15 days of
any determination by the USAGM that any of its broadcast entities,
including its grantee organizations, provides an open platform for
international terrorists or those who support international terrorism,
or is in violation of the principles and standards set forth in
subsections (a) and (b) of section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) or part 531 of
title 22, Code of Federal Regulations, as in effect on June 11, 2020:
Provided further, That in addition to funds made available under this
heading, and notwithstanding any other provision of law, up to
$5,000,000 in receipts from advertising and revenue from business
ventures, up to $500,000 in receipts from cooperating international
organizations, and up to $1,000,000 in receipts from privatization
efforts of the Voice of America and the International Broadcasting
Bureau, shall remain available until expended for carrying out
authorized purposes: Provided further, That significant modifications
to USAGM broadcast hours previously justified to Congress, including
changes to transmission platforms (shortwave, medium wave, satellite,
Internet, and television), for all USAGM language services shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That up to $7,000,000 from the USAGM
Buying Power Maintenance account may be transferred to, and merged
with, funds appropriated by this Act under the heading ``International
Broadcasting Operations'', which shall remain available until expended:
Provided further, That such transfer authority is in addition to any
transfer authority otherwise available under any other provision of law
and shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
purposes, $4,520,000, to remain available until expended, as
authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $20,000,000, to remain available until
expended: Provided, That funds appropriated under this heading shall be
apportioned and obligated to the Foundation not later than 60 days
after enactment of this Act.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $45,000,000, to remain available until September 30, 2022,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2021, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2021, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2021, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$19,700,000: Provided, That funds appropriated under this heading shall
be apportioned and obligated to the Center not later than 60 days after
enactment of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act (22 U.S.C. 4412), $300,000,000, to remain available until
expended, of which $195,840,000 shall be allocated in the traditional
and customary manner, including for the core institutes, and
$104,160,000 shall be for democracy programs: Provided, That the
requirements of section 7061(a) of this Act shall not apply to funds
made available under this heading: Provided further, That funds
appropriated under this heading shall be apportioned and obligated to
the Endowment not later than 60 days after enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $642,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may procure
temporary, intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further, That such
authority shall terminate on October 1, 2021: Provided further, That
the Commission shall notify the Committees on Appropriations prior to
exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
$4,500,000, to remain available until September 30, 2022, including not
more than $4,000 for representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22 U.S.C.
3001 et seq.), $2,908,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2022.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,250,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2022.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $4,000,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2022:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2021 and shall apply to
funds appropriated under this heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,364,526,000, of which up to
$204,680,000 may remain available until September 30, 2022: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development, unless the USAID
Administrator has identified such proposed use of funds in a report
submitted to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated under this
heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the authority
of sections 610 and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds appropriated to
carry out chapter 1 of part I of such Act to ``Operating Expenses'' in
accordance with the provisions of those sections: Provided further,
That of the funds appropriated or made available under this heading,
not to exceed $250,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be available
for entertainment expenses, and not to exceed $100,500 shall be for
official residence expenses, for USAID during the current fiscal year:
Provided further, That none of the funds appropriated under this
heading may be made available to hire employees under USAID's Adaptive
Personnel Project.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $238,000,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available subject to the regular
notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $75,500,000, of which up to
$11,325,000 may remain available until September 30, 2022, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $3,226,975,000, to remain available until September 30, 2022,
and which shall be apportioned directly to the United States Agency for
International Development not later than 60 days after enactment of
this Act: Provided, That this amount shall be made available for
training, equipment, and technical assistance to build the capacity of
public health institutions and organizations in developing countries,
and for such activities as: (1) child survival and maternal health
programs; (2) immunization and oral rehydration programs; (3) other
health, nutrition, water and sanitation programs which directly address
the needs of mothers and children, and related education programs; (4)
assistance for children displaced or orphaned by causes other than
AIDS; (5) programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases, and for
assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and
respond to, unanticipated and emerging global health threats; and (8)
family planning/reproductive health: Provided further, That funds
appropriated under this paragraph may be made available for a United
States contribution to The GAVI Alliance: Provided further, That of the
funds appropriated under this paragraph, not less than $200,000,000
shall be available for grants or contributions to the World Health
Organization, which shall be allocated and allotted not later than 60
days after the date of enactment of this Act.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,930,000,000, to remain
available until September 30, 2025, which shall be apportioned directly
to the Department of State not later than 60 days after enactment of
this Act: Provided, That funds appropriated under this paragraph may be
made available, notwithstanding any other provision of law, except for
the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (Public Law 108-25), for a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria
(Global Fund): Provided further, That the amount of such contribution
shall be $1,560,000,000 and shall be for the second installment of the
sixth replenishment: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in fiscal
year 2021 may be made available to USAID for technical assistance
related to the activities of the Global Fund, subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this paragraph, up to
$17,000,000 may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of the Office
of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $3,800,000,000, to remain
available until September 30, 2022: Provided, That funds made available
under this heading shall be apportioned directly to the United States
Agency for International Development not later than 60 days after
enactment of this Act.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $4,395,362,000,
to remain available until expended, of which $1,733,980,000 is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That funds
made available under this heading shall be apportioned to the United
States Agency for International Development not later than 60 days
after enactment of this Act.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961, and to
support transition to democracy and long-term development of countries
in crisis, $92,043,000, to remain available until expended: Provided,
That such support may include assistance to develop, strengthen, or
preserve democratic institutions and processes, revitalize basic
infrastructure, and foster the peaceful resolution of conflict:
Provided further, That the USAID Administrator shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new program of assistance: Provided further, That if the Secretary of
State determines that it is important to the national interest of the
United States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant to the
previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of section
509(b) of the Global Fragility Act of 2019 (title V of division J of
Public Law 116-94), $30,000,000, to remain available until expended:
Provided, That the notification requirement of section 509(b)(5) shall
apply to funds appropriated under this heading: Provided further, That
funds appropriated under this heading may be made available
notwithstanding any other provision of law, except sections 7007, 7008,
and 7066 of this Act and section 620M of the Foreign Assistance Act of
1961: Provided further, That funds appropriated under this heading
shall be apportioned to the United States Agency for International
Development not later than 60 days after enactment of this Act.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $3,344,407,000, to
remain available until September 30, 2022: Provided, That of the funds
made available under this heading in this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, not less than $225,000,000 shall be made available
for programs in the West Bank and Gaza: Provided further, That, as
deemed necessary by the Secretary, a portion of such funds may also be
made available as a contribution or grant to the United Nations Relief
and Works Agency for activities in the West Bank and Gaza: Provided
further, That of the funds appropriated under this heading, up to
$208,144,000 may be transferred to, and merged with, funds made
available under the heading ``International Broadcasting Operations''
for international communication activities, including for the
production and dissemination of independent and reliable news and
information, for technologies that improve free and open access to such
information, and for the purposes described under this heading in the
report accompanying this Act: Provided further, That prior to any
exercise of the transfer authority of the previous proviso, the
Secretary of State shall certify in writing to the appropriate
congressional committees that the agency receiving the transfer of
funds will adhere to the statutory firewall and highest standards of
professional journalism described in part 531 of title 22 Code of
Federal Regulations, as in effect on June 11, 2020: Provided further,
That such transfer authority is in addition to any transfer authority
otherwise available under any provision of law and shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That none of the
funds appropriated under this heading may be made available for the
Diplomatic Progress Fund.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $218,450,000, to remain available
until September 30, 2022, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State, and shall be apportioned to such Bureau not
later than 60 days after enactment of this Act: Provided, That funds
appropriated under this heading that are made available to the National
Endowment for Democracy and its core institutes are in addition to
amounts otherwise available by this Act for such purposes: Provided
further, That the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, shall consult with the Committees on
Appropriations prior to the initial obligation of funds appropriated
under this paragraph.
For an additional amount for such purposes, $105,250,000, to remain
available until September 30, 2022, which shall be made available for
the Bureau for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development, and shall be apportioned
to such Bureau not later than 60 days after enactment of this Act.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $770,334,000, to remain available until September
30, 2022, which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and related
programs for countries identified in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22
U.S.C. 5402), in addition to funds otherwise available for such
purposes: Provided, That funds appropriated by this Act under the
headings ``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be administered in
accordance with the responsibilities of the coordinator designated
pursuant to section 102 of the FREEDOM Support Act and section 601 of
the SEED Act of 1989: Provided further, That funds appropriated under
this heading shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance: Provided further, That funds appropriated under
this heading may be made available for contributions to multilateral
initiatives to counter hybrid threats: Provided further, That any
notification of funds made available under this heading in this Act or
prior Acts making appropriations for the Department of State, foreign
operations, and related programs shall include information (if known on
the date of transmittal of such notification) on the use of
notwithstanding authority: Provided further, That if subsequent to the
notification of assistance it becomes necessary to rely on
notwithstanding authority, the Committees on Appropriations should be
informed at the earliest opportunity and to the extent practicable:
Provided further, That of the funds appropriated under this heading,
not less than $2,000,000 shall be transferred to, and merged with,
funds appropriated by this Act under the heading ``Economic Support
Fund'' for joint dialogues in support of the Eastern Mediterranean
Partnership in the manner specified under this heading in the report
accompanying this Act and shall remain available until expended:
Provided further, That such funds shall be administered by, and under
the policy direction of, the coordinator designated pursuant to section
102 of the FREEDOM Support Act and section 601 of the SEED Act of 1989.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601),
and other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized
by sections 5921 through 5925 of title 5, United States Code; purchase
and hire of passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $3,432,000,000, to remain
available until expended, of which: $1,521,355,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985; not less than $35,000,000 shall
be made available to respond to small-scale emergency humanitarian
requirements; and $5,000,000 shall be made available for refugees
resettling in Israel; Provided, That funds appropriated under this
heading shall be apportioned to the Bureau of Population, Refugees, and
Migration, Department of State, not later than 60 days after enactment
of this Act.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)), $100,000, to remain available until expended: Provided, That
amounts in excess of the limitation contained in paragraph (2) of such
section shall be transferred to, and merged with, funds made available
by this Act under the heading ``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $410,500,000, of which $6,330,000 is
for the Office of Inspector General, to remain available until
September 30, 2022: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
exceed $5,000,000: Provided further, That funds transferred pursuant to
the previous proviso may not be derived from amounts made available for
Peace Corps overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That any decision to open, close, or suspend a domestic or overseas
office or country program shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations: Provided further, That such consultation and
notification requirements shall be met prior to any actions by the
Peace Corps to implement such a decision, including the communication
with host country officials, current or prospective volunteers, and
staff: Provided further, That prior consultation and notification
procedures may be waived when there is a substantial risk to volunteers
or other Peace Corps personnel, pursuant to section 7015(e) of this
Act: Provided further, That none of the funds made available by this
Act or prior Acts under this heading may be used to permanently close
the United States-China Friendship Volunteer Program: Provided further,
That none of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$905,000,000, to remain available until expended: Provided, That of the
funds appropriated under this heading, up to $112,000,000 may be
available for administrative expenses of the Millennium Challenge
Corporation, except that such funds shall remain available for
obligation until September 30, 2026: Provided further, That section
605(e) of the MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated
under this heading: Provided further, That funds appropriated under
this heading may be made available for a Millennium Challenge Compact
entered into pursuant to section 609 of the MCA (22 U.S.C. 7708) only
if such Compact obligates, or contains a commitment to obligate subject
to the availability of funds and the mutual agreement of the parties to
the Compact to proceed, the entire amount of the United States
Government funding anticipated for the duration of the Compact:
Provided further, That no country should be eligible for a threshold
program after such country has completed a country compact: Provided
further, That of the funds appropriated under this heading, not to
exceed $100,000 may be available for representation and entertainment
expenses, of which not to exceed $5,000 may be available for
entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $41,500,000, to remain available
until September 30, 2022: Provided, That funds appropriated under this
heading shall be made available for programs in El Salvador, Guatemala,
and Honduras: Provided further, That of the funds appropriated under
this heading, not to exceed $2,000 may be available for representation
expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$33,000,000, to remain available until September 30, 2022, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act (22 U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of
Directors of the USADF may waive the $250,000 limitation contained in
that section with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely to foreign
currency fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available
for such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such accounts, in
furtherance of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any appropriation
from the Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $33,000,000, to remain available
until expended, of which not more than $5,000,000 may be used for
administrative expenses: Provided, That amounts made available under
this heading may be made available to contract for services as
described in section 129(d)(3)(A) of the Foreign Assistance Act of
1961, without regard to the location in which such services are
performed.
debt restructuring
For the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as the
President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing, or
canceling amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to part V of the Foreign
Assistance Act of 1961, $15,000,000, to remain available until
September 30, 2022.
In addition, for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees for Somalia or credits extended to Somalia, as the President
may determine, including the cost of selling, reducing, or cancelling
amounts owed to the United States, $63,000,000, to remain available
until expended, which may be used notwithstanding any other provision
of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,391,000,000, to remain available until
September 30, 2022: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency
of the United States Government for the purpose of providing such
property to a foreign country or international organization under
chapter 8 of part I of such Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial authorities,
utilizing regional partners: Provided further, That funds made
available under this heading that are transferred to another
department, agency, or instrumentality of the United States Government
pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued
in excess of $5,000,000, and any agreement made pursuant to section
632(a) of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds made available under this heading for Program Development and
Support may be made available notwithstanding pre-obligation
requirements contained in this Act, except for the notification
requirements of section 7015: Provided further, That none of the funds
appropriated under this heading may be made available for the
Diplomatic Progress Fund.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $897,000,000, to remain
available until September 30, 2022, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance
Act of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the
Foreign Assistance Act of 1961 for demining activities, the clearance
of unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961
for a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That funds made
available under this heading for the Nonproliferation and Disarmament
Fund shall be made available, notwithstanding any other provision of
law and subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, to
promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and shall
remain available until expended: Provided further, That such funds may
also be used for such countries other than the Independent States of
the former Soviet Union and international organizations when it is in
the national security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be made
available for the IAEA unless the Secretary of State determines that
Israel is being denied its right to participate in the activities of
that Agency: Provided further, That funds made available for
conventional weapons destruction programs, including demining and
related activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of such programs and activities, subject to
the regular notification procedures of the Committees on
Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $457,348,000, of which
$325,213,000, to remain available until September 30, 2022, is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That funds
appropriated under this heading may be used, notwithstanding section
660 of the Foreign Assistance Act of 1961, to provide assistance to
enhance the capacity of foreign civilian security forces, including
gendarmes, to participate in peacekeeping operations: Provided further,
That of the funds appropriated under this heading, not less than
$31,000,000 shall be made available for a United States contribution to
the Multinational Force and Observers mission in the Sinai and not less
than $71,000,000 shall be made available for the Global Peace
Operations Initiative, of which not less than $10,000,000 shall be made
available to support the modernization of training infrastructure:
Provided further, That funds appropriated under this heading may be
made available to pay assessed expenses of international peacekeeping
activities in Somalia under the same terms and conditions, as
applicable, as funds appropriated by this Act under the heading
``Contributions for International Peacekeeping Activities'': Provided
further, That none of the funds appropriated under this heading shall
be obligated except as provided through the regular notification
procedures of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $112,925,000, to remain
available until September 30, 2022: Provided, That the civilian
personnel for whom military education and training may be provided
under this heading may include civilians who are not members of a
government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That of the funds appropriated under
this heading, not to exceed $50,000 may be available for entertainment
expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act (22
U.S.C. 2763), $6,156,924,000, of which $511,909,000, to remain
available until September 30, 2022, is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That to expedite the provision of
assistance to foreign countries and international organizations, the
Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures of
such Committees, may use the funds appropriated under this heading to
procure defense articles and services to enhance the capacity of
foreign security forces: Provided further, That of the funds
appropriated under this heading, not less than $3,300,000,000 shall be
available for grants only for Israel which shall be disbursed within 30
days of enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading shall, as
agreed by the United States and Israel, be available for advanced
weapons systems, of which not less than $795,300,000 shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That funds
appropriated or otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made available under
this heading shall be obligated upon apportionment in accordance with
paragraph (5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular notification procedures of section 7015
of this Act: Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of law, for
demining, the clearance of unexploded ordnance, and related activities,
and may include activities implemented through nongovernmental and
international organizations: Provided further, That only those
countries for which assistance was justified for the ``Foreign Military
Sales Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds made
available under this heading for procurement of defense articles,
defense services, or design and construction services that are not sold
by the United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$70,000,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales, except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations:
Provided further, That of the funds made available under this heading
for general costs of administering military assistance and sales, not
to exceed $4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses: Provided
further, That not more than $1,082,200,000 of funds realized pursuant
to section 21(e)(1)(A) of the Arms Export Control Act (22 U.S.C.
2761(e)(1)(A)) may be obligated for expenses incurred by the Department
of Defense during fiscal year 2021 pursuant to section 43(b) of the
Arms Export Control Act (22 U.S.C. 2792(b)), except that this
limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, $390,500,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund: Provided further,
That not later than 60 days after enactment of this Act, such funds
shall be allocated and allotted for core contributions for each entity
listed in the table under this heading in the report accompanying this
Act unless otherwise provided for in this Act, or if the Secretary of
State has justified to the Committees on Appropriations the proposed
uses of funds other than for core contributions following prior
consultation with, and subject to the regular notification procedures
of, the Committees on Appropriations.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $139,575,000, to remain available until, and
to be fully disbursed not later than, September 30, 2022: Provided,
That of such amount, $136,563,000, which shall remain available until
September 30, 2021, is only available for the third installment of the
seventh replenishment of the Global Environment Facility, and shall be
obligated and disbursed not later than 90 days after enactment of this
Act: Provided further, That the Secretary shall report to the
Committees on Appropriations on the status of funds provided under this
heading not less than quarterly until fully disbursed: Provided
further, That in such report the Secretary shall provide a timeline for
the obligation and disbursement of any funds that have not yet been
obligated or disbursed.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$206,500,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,001,400,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $47,395,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increases in capital stock, $54,649,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of increases in capital stock in an
amount not to exceed $856,174,624.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $171,300,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $30,000,000, to remain available
until, and to be fully disbursed no later than, September 30, 2022, for
the third installment of the eleventh replenishment of the
International Fund for Agricultural Development: Provided, That the
Secretary of the Treasury shall report to the Committees on
Appropriations on the status of such payment not less than quarterly
until fully disbursed: Provided further, That in such report the
Secretary shall provide a timeline for the obligation and disbursement
of any funds that have not yet been obligated or disbursed.
contribution to the north american development bank
limitation on callable capital subscriptions
The Secretary of the Treasury may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of capital stock in an amount not to exceed $1,020,000,000: Provided,
That this authority shall be in addition to any other authority
provided by previous Acts.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $5,700,000, of which up to $855,000 may remain available
until September 30, 2022.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $110,000,000, of which up to $16,500,000 may remain available
until September 30, 2022: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) of such section shall remain in effect
until September 30, 2021: Provided further, That the Bank shall charge
fees for necessary expenses (including special services performed on a
contract or fee basis, but not including other personal services) in
connection with the collection of moneys owed the Bank, repossession or
sale of pledged collateral or other assets acquired by the Bank in
satisfaction of moneys owed the Bank, or the investigation or appraisal
of any property, or the evaluation of the legal, financial, or
technical aspects of any transaction for which an application for a
loan, guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further, That
in addition to other funds appropriated for administrative expenses,
such fees shall be credited to this account for such purposes, to
remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $2,000,000, to remain available until September 30, 2022.
corporate capital account
The United States International Development Finance Corporation
(the Corporation) is authorized to make such expenditures and
commitments within the limits of funds and borrowing authority
available to the Corporation, and in accordance with the law, and to
make such expenditures and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the programs for the current
fiscal year for the Corporation: Provided, That for necessary expenses
of the activities described in subsections (b), (c), (e), (f), and (g)
of section 1421 of the BUILD Act of 2018 (division F of Public Law 115-
254) and for administrative expenses to carry out authorized activities
and project-specific transaction costs described in section 1434(d) of
such Act, $311,000,000: Provided further, That of the amount provided--
(1) $131,000,000 shall remain available until September 30,
2023, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000) and
project-specific transaction costs as described in section
1434(k) of such Act, of which $1,000,000 shall remain available
until September 30, 2025;
(2) $180,000,000 shall remain available until September 30,
2023, for the activities described in subsections (b), (c),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018
(division F of Public Law 115-254), except such amounts
obligated in a fiscal year for activities described in section
1421(c) of such Act shall remain available for disbursement for
the term of the underlying project: Provided further, That if
the term of the project extends longer than 10 fiscal years,
the Chief Executive Officer of the Corporation shall inform the
appropriate congressional committees prior to the obligation or
disbursement of funds, as applicable: Provided further, That
amounts made available under this paragraph may be paid to the
``United States International Development Finance Corporation--
Program Account'' for programs authorized by subsections (b),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018
(division F of Public Law 115-254):
Provided further, That funds may only be obligated pursuant to
section 1421(g) of the BUILD Act of 2018 subject to prior consultation
with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations: Provided
further, That in this fiscal year, and each fiscal year thereafter, the
Corporation shall collect the amounts described in section 1434(h) of
the BUILD Act of 2018: Provided further, That in fiscal year 2021 such
collections shall be credited as offsetting collections to this
appropriation: Provided further, That such collections collected in
fiscal year 2021 in excess of $311,000,000 shall be credited to this
account and shall be available in future fiscal years only to the
extent provided in advance in appropriations Acts: Provided further,
That in fiscal year 2021, if such collections are less than
$311,000,000, receipts collected pursuant to the BUILD Act of 2018 and
the Federal Credit Reform Act of 1990, in an amount equal to such
shortfall, shall be credited as offsetting collections to this
appropriation: Provided further, That funds appropriated or otherwise
made available under this heading may not be used to provide any type
of assistance that is otherwise prohibited by any other provision of
law or to provide assistance to any foreign country that is otherwise
prohibited by any other provision of law: Provided further, That the
sums herein appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by the offsetting collections described under
this heading so as to result in a final fiscal year appropriation from
the General Fund estimated at $0.
program account
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available
until September 30, 2023: Provided, That not more than $80,000,000 of
amounts paid to this account from CCA or transferred to this account
pursuant to section 1434(j) of the BUILD Act of 2018 (division F of
Public Law 115-254) shall be available for the costs of direct and
guaranteed loans provided by the Corporation pursuant to section
1421(b) of such Act: Provided further, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such amounts
obligated in a fiscal year shall remain available for disbursement for
the following 8 fiscal years: Provided further, That funds transferred
to carry out the Foreign Assistance Act of 1961 pursuant to section
1434(j) of the BUILD Act of 2018 may remain available for obligation
for 1 additional fiscal year: Provided further, That the total loan
principal or guaranteed principal amount shall not exceed
$8,000,000,000.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $79,500,000, to remain available
until September 30, 2022, of which no more than $18,285,000 may be used
for administrative expenses: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2021 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section shall be submitted not later than 30 days after the end of
each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (title VI of division A
of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law
106-113 and contained in appendix G of that Act), as amended by section
111 of the Department of State Authorities Act, Fiscal Year 2017
(Public Law 114-323), a project to construct a facility of the United
States may include office space or other accommodations for members of
the United States Marine Corps.
(b) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2021 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note),
the Secretary of State, in consultation with the Director of the Office
of Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the contribution of
the Department of State for this purpose.
(c) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2021,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided,
That notifications pursuant to this subsection shall include the
information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in the report accompanying this Act.
(d) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' shall be made available to address security
vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical security
upgrades and local guard staffing.
(2) Consultation.--Notwithstanding any other provision of
law, the opening, closure, or any significant modification to
an interim or temporary United States diplomatic facility shall
be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is a
security risk to personnel.
(e) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' shall be made
available for security upgrades to soft targets, including schools,
recreational facilities, and residences used by United States
diplomatic personnel and their dependents.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 7015 of this
Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before enactment of this Act by Congress:
Provided, That up to $25,000 may be made available to carry out the
provisions of section 316 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available by this Act under the heading ``Economic Support Fund'' and
under titles IV through VI shall be obligated or expended to finance
directly any assistance to the government of any country whose duly
elected head of government is deposed by military coup d'etat or decree
or, after the date of enactment of this Act, a coup d'etat or decree in
which the military plays a decisive role: Provided, That assistance may
be resumed to such government if the Secretary of State certifies and
reports to the appropriate congressional committees that subsequent to
the termination of assistance a democratically elected government has
taken office: Provided further, That the provisions of this section
shall not apply to assistance to promote democratic elections or public
participation in democratic processes: Provided further, That funds
made available pursuant to the previous provisos shall be subject to
the regular notification procedures of the Committees on
Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency for
Global Media.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal
year for the Department of State under title I of this
Act may be transferred between, and merged with, such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers, and no such
transfer may be made to increase the appropriation
under the heading ``Representation Expenses''.
(B) Embassy security.--Funds appropriated under the
headings ``Diplomatic Programs'', including for
Worldwide Security Protection, ``Embassy Security,
Construction, and Maintenance'', and ``Emergencies in
the Diplomatic and Consular Service'' in this Act may
be transferred to, and merged with, funds appropriated
under such headings if the Secretary of State
determines and reports to the Committees on
Appropriations that to do so is necessary to implement
the recommendations of the Benghazi Accountability
Review Board, for emergency evacuations, or to prevent
or respond to security situations and requirements,
following consultation with, and subject to the regular
notification procedures of, such Committees: Provided,
That such transfer authority is in addition to any
transfer authority otherwise available in this Act and
under any other provision of law.
(2) United states agency for global media.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the United States Agency for Global Media under
title I of this Act may be transferred between, and merged
with, such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations
Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized elsewhere
in, this Act, funds appropriated by this Act to carry out the
purposes of the Foreign Assistance Act of 1961 may be allocated
or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961, and section 1434(j) of the
BUILD Act of 2018 (division F of Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department
of State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement in
the previous sentence shall not apply to agreements entered
into between USAID and the Department of State.
(c) Limitation on United States International Development Finance
Corporation.--Amounts transferred pursuant to section 1434(j) of the
BUILD Act of 2018 (division F of Public Law 115-254) may only be
transferred from funds made available under title III of this Act, and
such amounts shall not exceed $50,000,000: Provided, That any such
transfers shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That the Secretary of State, the Administrator of the United
States Agency for International Development, and the Chief Executive
Officer of the United States International Development Finance
Corporation (the Corporation), as appropriate, shall ensure that the
programs funded by such transfers are coordinated with, and complement,
foreign assistance programs implemented by the Department of State and
USAID: Provided further, That no funds transferred pursuant to such
authority or transferred pursuant to the authority of subsection (a) or
(b) of section 632 of the Foreign Assistance Act of 1961 may be used by
the Corporation to post personnel abroad or for activities described in
section 1421(c) of the BUILD Act of 2018.
(d) Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations account to which such funds were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any agreement for
the transfer or allocation of funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs entered into between the Department of
State or USAID and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961,
or any comparable provision of law, shall expressly provide that the
Inspector General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit responsibility if
the receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and report to the
Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
(f) Transfer of Overseas Contingency Operations/Global War on
Terrorism Funds.--Funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military Financing Program''
that are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985 may be
transferred to, and merged with, such funds appropriated under such
headings: Provided, That such transfer authority may only be exercised
to address contingencies: Provided further, That such transfer
authority is in addition to any transfer authority otherwise available
under any other provision of law, including section 610 of the Foreign
Assistance Act of 1961: Provided further, That such transfer authority
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded by this Act
in contravention of section 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this
Act for the operating expenses of any United States Government
department or agency may be used to establish or maintain a computer
network for use by such department or agency unless such network has
filters designed to block access to sexually explicit websites:
Provided, That nothing in this subsection shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency, or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such websites
undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act shall be available to promote the sale or export
of tobacco or tobacco products, or to seek the reduction or removal by
any foreign country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
(d) Email Servers Outside the .gov Domain.--None of the funds
appropriated by this Act under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' in title I, and ``Operating Expenses'' and
``Capital Investment Fund'' in title II that are made available to the
Department of State and the United States Agency for International
Development may be made available to support the use or establishment
of email accounts or email servers created outside the .gov domain or
not fitted for automated records management as part of a Federal
government records management program in contravention of the
Presidential and Federal Records Act Amendments of 2014 (Public Law
113-187).
(e) Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies funded in
titles III or VI of this Act, shall take steps to ensure that domestic
and overseas representation and entertainment expenses further official
agency business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(f) Limitations on Entertainment Expenses.--None of the funds
appropriated or otherwise made available by this Act under the headings
``International Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or under the
headings ``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
availability of funds
Sec. 7011. (a) No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided by this Act: Provided,
That funds appropriated for the purposes of chapters 1 and 8 of part I,
section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control Act (22
U.S.C. 2763), and funds made available for ``United States
International Development Finance Corporation'' and under the heading
``Assistance for Europe, Eurasia and Central Asia'' shall remain
available for an additional 2 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
for an additional 2 years from the date on which the availability of
such funds would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the Secretary of State and the Administrator of the United States
Agency for International Development shall provide a report to the
Committees on Appropriations not later than October 31, 2021, detailing
by account and source year, the use of the authority provided pursuant
to this subsection during the previous fiscal year.
(b) Notwithstanding any other provision of this Act, with respect
to any budget authority provided by this Act that is proposed to be
rescinded or that is set to be reserved or proposed to be deferred in a
special message transmitted under section 1012 or 1013 of the
Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681
et seq.) within 90 days of the expiration of the period of availability
of such funds, including, if applicable, the 90-day period before the
initial period of availability for which such budget authority was
provided, such budget authority--
(1) shall be made available for obligation in sufficient
time to be prudently obligated as required under section
1012(b) or 1013 of the Congressional Budget and Impoundment
Control Act of 1974; and
(2) shall remain available for an additional 90 days from
the date on which the availability of such funds would
otherwise have expired, including, if applicable, an additional
90 days after date on which such budget authority would have
initially expired.
(c) Funds in this Act that are required to be apportioned within a
specific time period shall be apportioned within such time period,
without prior conditions or limitations, including footnotes, that are
not included in this or any other Act.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultation
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency
for International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--(1) An amount
equivalent to 200 percent of the total taxes assessed during fiscal
year 2021 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2022 and for prior
fiscal years and allocated for the central government of such country
or for the West Bank and Gaza program, as applicable, if, not later
than September 30, 2022, such taxes have not been reimbursed.
(2) The Secretary of State shall report to the Committees on
Appropriations not later than 30 days after enactment of this Act and
then quarterly thereafter until September 30, 2021, on the foreign
governments and entities that have not reimbursed such taxes, including
any amount of funds withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically
responsible manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and update
rules, regulations, or policy guidance, as appropriate, to implement
the prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges and
immunities applicable to United States foreign assistance for
such country generally, or an individual agreement between the
Government of the United States and such government that
describes, among other things, the treatment for tax purposes
that will be accorded the United States assistance provided
under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided, That
any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that
are specifically designated for particular programs or activities by
this or any other Act may be extended for an additional fiscal year if
the Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I and II of
this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs to the departments and
agencies funded by this Act that remain available for obligation in
fiscal year 2021, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or of currency reflows
or other offsetting collections, or made available by transfer, to the
departments and agencies funded by this Act, shall be available for
obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under titles I
and II of this Act that remain available for obligation in fiscal year
2021, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the department
and agency funded under title I of this Act, shall be available for
obligation or expenditure for programs, projects, or activities through
a reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
``United States International Development Finance Corporation'', and
``Peace Corps'', shall be available for obligation for programs,
projects, activities, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for a program, project, or activity for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
program, project, or activity for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority.
(d) Department of Defense Programs and Funding Notifications.--
(1) Programs.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any Act
making or authorizing appropriations for the Department of
Defense, unless the Secretary of State, in consultation with
the Secretary of Defense and in accordance with the regular
notification procedures of the Committees on Appropriations,
submits a justification to such Committees that includes a
description of, and the estimated costs associated with, the
support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the
Department of State and the United States Agency for
International Development for assistance for foreign countries
and international organizations shall be subject to the regular
notification procedures of the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of
the Arms Export Control Act) or are valued (in terms of
original acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of
appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived for
demining activities and funds made available under the headings
``Administration of Foreign Affairs'', ``Global Health Programs'', and
``Peace Corps'' if failure to do so would pose a substantial risk to
human health or welfare: Provided, That in case of any such waiver,
notification to the Committees on Appropriations shall be provided as
early as practicable, but in no event later than 3 days after taking
the action to which such notification requirement was applicable, in
the context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Burma, Cambodia,
Colombia, Cuba, Egypt, El Salvador, Ethiopia, Greenland, Guatemala,
Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua,
Pakistan, Philippines, the Russian Federation, Somalia, South Sudan,
Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe
except as provided through the regular notification procedures of the
Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution shall be subject to the regular notification procedures of
the Committees on Appropriations and such notification shall include
the information specified under this section in the report accompanying
this Act.
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under title I
of this Act under the heading ``Diplomatic Programs'' that are
made available for lateral entry into the Foreign Service shall
be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of the
Committees on Appropriations:
(A) the Global Engagement Center, except that the
Secretary of State shall consult with the Committees on
Appropriations prior to submitting such notification;
(B) the Power Africa and Prosper Africa
initiatives, or any successor programs;
(C) community-based police assistance conducted
pursuant to the authority of section 7035(a)(1) of this
Act;
(D) the Prevention and Stabilization Fund;
(E) the Indo-Pacific Strategy and the Countering
Chinese Influence Fund;
(F) the Global Security Contingency Fund;
(G) the Countering Russian Influence Fund;
(H) programs to end modern slavery; and
(I) the Women's Global Development and Prosperity
Fund.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Foreign Assistance Review or Realignment.--Programmatic,
funding, and organizational changes resulting from implementation of
any foreign assistance review or realignment shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided, That such notifications may be
submitted in classified form, if necessary.
document requests, records management, and related cybersecurity
protections
Sec. 7016. (a) Document Requests.--None of the funds appropriated
or made available pursuant to titles III through VI of this Act shall
be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any document,
file, or record necessary to the auditing requirements of the
Department of State and the United States Agency for International
Development.
(b) Records Management and Related Cybersecurity Protections.--The
Secretary of State and USAID Administrator shall--
(1) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes,
regulations, and presidential executive orders and memoranda
concerning the preservation of all records made or received in
the conduct of official business, including record emails,
instant messaging, and other online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II, as appropriate, to improve Federal records
management pursuant to the Federal Records Act (44 U.S.C.
Chapters 21, 29, 31, and 33) and other applicable Federal
records management statutes, regulations, or policies for the
Department of State and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong to
the Federal Government;
(4) improve the response time for identifying and
retrieving Federal records, including requests made pursuant to
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act''); and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control of
national security information, and implement the
recommendations of the applicable reports of the cognizant
Office of Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program or
policy.
debt-for-development
Sec. 7018. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available at not less than the amounts specifically designated in the
respective tables included in the report accompanying this Act:
Provided, That such designated amounts for foreign countries and
international organizations shall serve as the amounts for such
countries and international organizations transmitted to Congress in
the report required by section 653(a) of the Foreign Assistance Act of
1961, and shall be made available for such foreign countries and
international organizations notwithstanding the date of the
transmission of such report.
(b) Authorized Deviations Below Minimum Levels.--Unless otherwise
provided for by this Act, the Secretary of State and the Administrator
of the United States Agency for International Development, as
applicable, may deviate by not more than 5 percent below the minimum
amounts specifically designated in the respective tables in the report
accompanying this Act: Provided, That deviations pursuant to this
subsection shall be subject to prior consultation with the Committees
on Appropriations.
(c) Limitation.--Deviations authorized by subsection (b) may only
take place after submission of the report required by section 653(a) of
the Foreign Assistance Act of 1961.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) funds for which the initial period of
availability has expired; and
(B) amounts designated by this Act as minimum
funding requirements.
(2) The authority in subsection (b) to deviate below
amounts designated in the respective tables included in the
report accompanying this Act shall not apply to the table
included under the heading ``Global Health Programs'' and to
the amounts designated for Global Programs in the table under
the heading ``Economic Support Fund'' in such report.
(e) Reports.--The Secretary of State, USAID Administrator, and
other designated officials, as appropriate, shall submit the reports
required, in the manner described, in the report accompanying this Act.
(f) Clarification.--Funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall not be included for purposes of meeting
amounts designated for countries in this Act or the report accompanying
this Act, unless such headings are specifically designated as the
source of funds.
multi-year pledges
Sec. 7020. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge meets one or more of the requirements enumerated under
section 7066 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019 (division F of Public Law
116-6).
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this
Act may be made available to any foreign government which
provides lethal military equipment to a country the government
of which the Secretary of State has determined supports
international terrorism for purposes of section 1754(c) of the
Export Reform Control Act of 2018 (50 U.S.C. 4813(c)):
Provided, That the prohibition under this section with respect
to a foreign government shall terminate 12 months after that
government ceases to provide such military equipment: Provided
further, That this section applies with respect to lethal
military equipment provided under a contract entered into after
October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation
of the assistance to be provided, the estimated dollar amount
of such assistance, and an explanation of how the assistance
furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any
foreign government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as
a terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in
the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``Foreign Military
Financing Program'' accounts, ``program, project, and activity'' shall
also be considered to include country, regional, and central program
level funding within each such account, and for the development
assistance accounts of the United States Agency for International
Development, ``program, project, and activity'' shall also be
considered to include central, country, regional, and program level
funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
the report required by section 653(a) of the Foreign Assistance
Act of 1961 or as modified pursuant to section 7019 of this
Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the United States International Development
Finance Corporation shall be obligated or expended to finance any loan,
any assistance, or any other financial commitments for establishing or
expanding production of any commodity for export by any country other
than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors the
benefits to industry and employment in the United States are likely to
outweigh the injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this subsection
shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive directors of the
international financial institutions to use the voice and vote of the
United States to oppose any assistance by such institutions, using
funds appropriated or otherwise made available by this Act, for the
production or extraction of any commodity or mineral for export, if it
is in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using the
authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2021, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to
the United States Agency for International Development may only be made
available for limited competitions through local entities if--
(1) prior to the determination to limit competition to
local entities, USAID has--
(A) assessed the level of local capacity to
effectively implement, manage, and account for programs
included in such competition; and
(B) documented the written results of the
assessment and decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been
determined to be responsible in accordance with USAID
guidelines; and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2021.
international financial institutions
Sec. 7029. (a) Evaluations.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to
encourage such institution to adopt and implement a publicly available
policy, including the strategic use of peer reviews and external
experts, to conduct independent, in-depth evaluations of the
effectiveness of at least 25 percent of all loans, grants, programs,
and significant analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting equitable
economic growth, consistent with relevant safeguards, to ensure that
decisions to support such loans, grants, programs, and activities are
based on accurate data and objective analysis.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International Bank
for Reconstruction and Development and the International
Development Association to use the voice and vote of the United
States to oppose any loan, grant, policy, or strategy if such
institution has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant, policy,
or strategy that provides less protection than World Bank
safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial institution
to use the voice and vote of the United States to oppose loans
or other financing for projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification, and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation, cultural protection, and empowerment of
local populations, including free, prior and informed
consent of affected indigenous communities;
(C) do not provide incentives for, or facilitate,
forced displacement or the violation of human rights;
and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is compensated by
the institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to promote
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution in accordance with the requirements specified under this
subsection in the report accompanying this Act: Provided, That prior to
voting on any such loan, grant, policy, or strategy the executive
director shall consult with the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State, if the executive director
has reason to believe that such loan, grant, policy, or strategy could
result in forced displacement or other violation of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to include
in loan, grant, and other financing agreements improvements in
borrowing countries' financial management and judicial capacity to
investigate, prosecute, and punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish,
to the maximum extent practicable, beneficial ownership information
(excluding proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that receives
funds from any such financial institution.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to
encourage each such institution to effectively implement and enforce
policies and procedures which meet or exceed best practices in the
United States for the protection of whistleblowers from retaliation,
including the policies and procedures detailed under this section in
the report accompanying this Act.
rescissions
(including rescission of funds)
Sec. 7030. (a) Of the unobligated balances available under the
heading ``Economic Support Fund'', from prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, $45,000,000 are rescinded.
(b) Of the unobligated balances available under the heading
``International Narcotics Control and Law Enforcement'', from prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, $30,000,000 are rescinded.
(c) For the purposes of this section, no amounts may be rescinded
from amounts that were designated by Congress as an emergency
requirement or for Overseas Contingency Operations/Global War on
Terrorism pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if the requirements included in section 7031(a)(1)(A)
through (E) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019 (division F of Public
Law 116-6) are fully met.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made available
for direct government-to-government assistance subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000
and all funds available for cash transfer, budget support, and
cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or the
Secretary has credible information of material misuse of such
assistance, unless the Administrator or the Secretary reports
to the Committees on Appropriations that it is in the national
interest of the United States to continue such assistance,
including a justification, or that such misuse has been
appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2022 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of any
foreign country for debt service payments owed by any country
to any international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen the
``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall make
or update any determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum requirements of
fiscal transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report'' to be
posted on the Department of State website: Provided, That such
report shall include the elements included in the report
accompanying this Act.
(3) Assistance.--Not less than $5,000,000 of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their
immediate family members about whom the Secretary of
State has credible information have been involved,
directly or indirectly, in significant corruption,
including corruption related to the extraction of
natural resources, or a gross violation of human rights
shall be ineligible for entry into the United States.
(B) The Secretary shall also publicly or privately
designate or identify the officials of foreign
governments and their immediate family members about
whom the Secretary has such credible information
without regard to whether the individual has applied
for a visa.
(2) Exception.--Individuals shall not be ineligible for
entry into the United States pursuant to paragraph (1) if such
entry would further important United States law enforcement
objectives or is necessary to permit the United States to
fulfill its obligations under the United Nations Headquarters
Agreement: Provided, That nothing in paragraph (1) shall be
construed to derogate from United States Government obligations
under applicable international agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Report.--Not later than 30 days after enactment of this
Act, and every 90 days thereafter until September 30, 2021, the
Secretary of State shall submit a report, including a
classified annex if necessary, to the appropriate congressional
committees and the Committees on the Judiciary describing the
information related to corruption or violation of human rights
concerning each of the individuals found ineligible in the
previous 12 months pursuant to paragraph (1)(A) as well as the
individuals who the Secretary designated or identified pursuant
to paragraph (1)(B), or who would be ineligible but for the
application of paragraph (2), a list of any waivers provided
under paragraph (3), and the justification for each waiver.
(5) Clarification.--For purposes of paragraphs (1), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States pertaining
to the issuance or refusal of visas or permits to enter the
United States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict diamonds, and
provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) Public disclosure and independent audits.--(A) The
Secretary of the Treasury shall instruct the executive director
of each international financial institution that it is the
policy of the United States to use the voice and vote of the
United States to oppose any assistance by such institutions
(including any loan, credit, grant, or guarantee) to any
country for the extraction and export of a natural resource if
the government of such country has in place laws, regulations,
or procedures to prevent or limit the public disclosure of
company payments as required by United States law, and unless
such government has adopted laws, regulations, or procedures in
the sector in which assistance is being considered to meet the
standards included under this section in the report
accompanying this Act.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the
capacity of such government to meet the requirements of
such subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the Department of State foreign assistance
website: Provided, That all Federal agencies funded under this Act
shall provide such information on foreign assistance, upon request and
in a timely manner, to the Department of State.
democracy programs
Sec. 7032. (a) Funding.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $2,400,500,000 shall be made available for
democracy programs.
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ``National Endowment for Democracy'' may be made
available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any
regulation.
(2) Beneficiaries.--Funds made available by this Act for
the NED are made available pursuant to the authority of the
National Endowment for Democracy Act (title V of Public Law 98-
164), including all decisions regarding the selection of
beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law.
(e) Restriction on Prior Approval.--With respect to the provision
of assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country.
(f) Continuation of Current Practices.--USAID shall continue to
implement civil society and political competition and consensus
building programs abroad with funds appropriated by this Act in a
manner that recognizes the unique benefits of grants and cooperative
agreements in implementing such programs.
(g) Informing the National Endowment for Democracy.--The Assistant
Secretary for Democracy, Human Rights, and Labor, Department of State,
and the Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall regularly inform the NED of
democracy programs that are planned and supported by funds made
available by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs.
(h) Protection of Civil Society Activists and Journalists.--Of the
funds appropriated by this Act under the heading ``Democracy Fund'',
not less than $20,000,000 shall be made available to support and
protect civil society activists and journalists who have been
threatened, harassed, or attacked, including journalists affiliated
with the United States Agency for Global Media, consistent with the
action plan submitted pursuant to, and on the same terms and conditions
of, section 7032(i) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2018 (division K of Public Law
115-141).
(i) International Freedom of Expression.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Diplomatic Programs'' shall be made available for the
Bureau of Democracy, Human Rights, and Labor, Department of
State, for the costs of administering programs designed to
promote and defend freedom of expression and the independence
of the media in countries where such freedom and independence
are restricted or denied.
(2) Assistance.--Of the funds appropriated by this Act
under the heading ``Democracy Fund'', not less than $10,000,000
shall be made available for programs that promote and defend
freedom of expression and the independence of the media abroad:
Provided, That such funds are in addition to funds otherwise
made available by this Act for such purposes, and are intended
to complement emergency and safety programs for civil society,
including journalists and media outlets at risk: Provided
further, That such funds shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic Programs''
shall be made available for the Office of International Religious
Freedom, Department of State, including for support staff at not less
than the amounts specified for such office in the table under such
heading in the report accompanying this Act.
(b) Assistance.--Funds appropriated by this Act under the headings
``Democracy Fund'', and ``International Broadcasting Operations'' shall
be made available for international religious freedom programs and
funds appropriated by this Act under the headings ``International
Disaster Assistance'' and ``Migration and Refugee Assistance'' shall be
made available for humanitarian assistance for vulnerable and
persecuted religious minorities: Provided, That funds made available by
this Act under the heading ``Democracy Fund'' pursuant to this section
shall be made available at not less than the amount in the table under
such heading in the report accompanying this Act and shall be the
responsibility of the Ambassador-at-Large for International Religious
Freedom, in consultation with other relevant United States Government
officials, and shall be subject to prior consultation with the
Committees on Appropriations.
(c) Authority.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs under the heading ``Economic Support Fund'' may be
made available notwithstanding any other provision of law for
assistance for ethnic and religious minorities in Iraq and Syria.
(d) Designation of Non-State Actors.--Section 7033(e) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31) shall
continue in effect during fiscal year 2021.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of
such trafficking, may be made available notwithstanding any other
provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $10,000,000 shall be
made available for forensic anthropology assistance related to
the exhumation and identification of victims of war crimes,
crimes against humanity, and genocide, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs for assistance
for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $10,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(c) Atrocities Prevention.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $5,000,000 shall
be made available for programs to prevent atrocities, including to
implement recommendations of the Atrocities Prevention Board: Provided,
That funds made available pursuant to this subsection are in addition
to amounts otherwise made available for such purposes: Provided
further, That such funds shall be subject to the regular notification
procedures of the Committees on Appropriations.
(d) World Food Programme.--Funds managed by the Bureau for
Humanitarian Assistance, United States Agency for International
Development, from this or any other Act, may be made available as a
general contribution to the World Food Programme, notwithstanding any
other provision of law.
(e) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-
Eastern European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the headings ``Economic Support Fund'' and ``Assistance
for Europe, Eurasia and Central Asia'' may be made available as
contributions to establish and maintain memorial sites of
genocide, subject to the regular notification procedures of the
Committees on Appropriations.
(3) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, up to $50,000,000 may remain available
until September 30, 2023: Provided, That funds made available
pursuant to this paragraph may only be made available following
prior consultation with the appropriate congressional
committees, and the regular notification procedures of the
Committees on Appropriations.
(4) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic
Programs'', up to $500,000 may be made available for grants
pursuant to section 504 of the Foreign Relations Authorization
Act, Fiscal Year 1979 (22 U.S.C. 2656d), including to
facilitate collaboration with indigenous communities, and up to
$1,000,000 may be made available for grants to carry out the
activities of the Cultural Antiquities Task Force.
(5) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions of
section 7034(e)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6): Provided, That each
individual award may not exceed $100,000: Provided further,
That no more than 15 such awards may be made during fiscal year
2021.
(6) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act of
1961 (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
through the formal rulemaking process pursuant to the
Administrative Procedure Act (5 U.S.C. 551 et seq.) and
notwithstanding the exceptions to such rulemaking process in
such Act: Provided, That funds made available for such purpose
shall only be made available after consultation with, and
subject to the regular notification procedures of, the
Committees on Appropriations, regarding how any proposed
modification would affect the public diplomacy goals of, and
the estimated economic impact on, the United States: Provided
further, That such consultation shall take place not later than
30 days prior to the publication in the Federal Register of any
regulatory action modifying the Exchange Visitor Program.
(7) International fairs and expositions.--Notwithstanding
section 204 of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(22 U.S.C. 2452b), funds appropriated by this Act under the
heading ``Diplomatic Programs'' for this fiscal year may be
made available for United States participation in international
fairs and expositions abroad, including for construction and
operation of United States pavilions or other major exhibits,
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That any such funds shall be made available on a cost
matching basis from sources other than the United States
Government, to the maximum extent practicable: Provided
further, That funds made available pursuant to this paragraph
may not be used to reimburse any participation in international
fairs and expositions abroad that took place prior to the date
of enactment of this Act: Provided further, That the Office of
Inspector General, Department of State, shall conduct a
financial and performance audit and issue a report on the use
of such authority.
(8) World tourism organization.--Notwithstanding any other
provision of law, the President is authorized to accept the
statutes of, and to maintain membership of the United States
in, the United Nations World Tourism Organization, and the
United States' assessed contributions to maintain such
membership may be paid from funds appropriated for
``Contributions to International Organizations''.
(f) Partner Vetting.--Prior to initiating a partner vetting
program, or making significant changes to the scope of an existing
partner vetting program, the Secretary of State and USAID
Administrator, as appropriate, shall consult with the Committees on
Appropriations: Provided, That the Secretary and the Administrator
shall provide a direct vetting option for prime awardees in any partner
vetting program initiated or significantly modified after the date of
enactment of this Act, unless the Secretary of State or USAID
Administrator, as applicable, informs the Committees on Appropriations
on a case-by-case basis that a direct vetting option is not feasible
for such program.
(g) Contingencies.--During fiscal year 2021, the President may use
up to $125,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(h) International Child Abductions.--The Secretary of State should
withhold funds appropriated under the heading ``Economic Support Fund''
and under title IV of this Act for assistance for the central
government of any country that is not taking appropriate steps to
comply with the Convention on the Civil Aspects of International Child
Abductions, done at the Hague on October 25, 1980: Provided, That the
Secretary shall report to the Committees on Appropriations within 15
days of withholding funds under this subsection.
(i) Transfer of Funds for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the heading
``Protection of Foreign Missions and Officials'' unobligated balances
of expired funds appropriated under the heading ``Diplomatic Programs''
for fiscal year 2021, except for funds designated for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985, at no later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(j) Authority.--Funds made available by this Act under the heading
``Economic Support Fund'' to counter extremism may be made available
notwithstanding any other provision of law restricting assistance to
foreign countries, except sections 502B, 620A, and 620M of the Foreign
Assistance Act of 1961: Provided, That the use of the authority of this
subsection shall be subject to prior consultation with the appropriate
congressional committees and the regular notification procedures of the
Committees on Appropriations.
(k) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--The Secretary of State shall
implement section 203(a)(2) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457):
Provided, That in addition to suspension on the basis of an unpaid
default or final civil judgment directly or indirectly related to human
trafficking against the employer or a family member assigned to an
embassy, suspension on this basis should also apply to an employer or
family member assigned to any diplomatic mission, or any international
organization: Provided further, That the Secretary of State should
assist in obtaining payment of final court judgments awarded to A-3 and
G-5 visa holders, including encouraging the sending states to provide
compensation directly to victims: Provided further, That the Secretary
shall include in the Trafficking in Persons annual report a concise
summary of each trafficking case involving an A-3 or G-5 visa holder
that meets one or more of the following criteria: (1) a final court
judgment (including a default judgment) issued against a current or
former employee of such diplomatic mission or international
organization; (2) the issuance of a T-visa to the victim; or (3) a
request by the Department of State to the sending state that immunity
of individual diplomats or family members be waived to permit criminal
prosecution.
(l) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2021'' for ``September 30, 2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September
30, 2021.
(3) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ``September 30,
2021'' for ``October 1, 2010'' in subparagraph (B).
(4) Overseas pay comparability and limitation.--
(A) Subject to the limitation described in
subparagraph (B), the authority provided by section
1113 of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through
September 30, 2021.
(B) The authority described in subparagraph (A) may
not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the
Supplemental Appropriations Act, 2009 (Public Law 111-
32)) a locality-based comparability payment (stated as
a percentage) that exceeds two-thirds of the amount of
the locality-based comparability payment (stated as a
percentage) that would be payable to such member under
section 5304 of title 5, United States Code, if such
member's official duty station were in the District of
Columbia.
(5) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2020'' and inserting ``2020, and 2021''; and
(ii) in subsection (e), by striking
``2020'' each place it appears and inserting
``2021''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
striking ``2020'' and inserting ``2021''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations
Act, 2010 (Public Law 111-212) shall remain in effect through
September 30, 2021, and may be used to facilitate the
assignment of persons for oversight of programs in Syria, South
Sudan, Yemen, Somalia, and Venezuela.
(7) Accountability review boards.--The authority provided
by section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain
in effect for facilities in Afghanistan through September 30,
2021, except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(8) Special inspector general for afghanistan
reconstruction competitive status.--Notwithstanding any other
provision of law, any employee of the Special Inspector General
for Afghanistan Reconstruction (SIGAR) who completes at least
12 months of continuous service after enactment of this Act or
who is employed on the date on which SIGAR terminates,
whichever occurs first, shall acquire competitive status for
appointment to any position in the competitive service for
which the employee possesses the required qualifications.
(9) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2021.
(10) Department of state inspector general waiver
authority.--The Inspector General of the Department of State
may waive the provisions of subsections (a) through (d) of
section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064)
on a case-by-case basis for an annuitant reemployed by the
Inspector General on a temporary basis, subject to the same
constraints and in the same manner by which the Secretary of
State may exercise such waiver authority pursuant to subsection
(g) of such section.
(11) Afghan allies.--Section 602(b)(3)(F) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(A) in the heading, by striking ``2015 through
2020'' and inserting ``2015 through 2021'';
(B) in the matter preceding clause (i), by striking
``22,500'' and inserting ``26,500''; and
(C) in clauses (i) and (ii), by striking ``December
31, 2021'' and inserting ``December 31, 2022''.
(m) Monitoring and Evaluation.--Funds appropriated by this Act that
are made available for monitoring and evaluation of assistance under
the headings ``Development Assistance'', ``International Disaster
Assistance'', and ``Migration and Refugee Assistance'' shall, as
appropriate, be made available for the regular collection of feedback
obtained directly from beneficiaries to enhance the quality and
relevance of such assistance: Provided, That the Department of State
and USAID shall establish, and post on their respective websites,
updated procedures for implementing partners that receive funds under
such headings for regularly collecting and responding to such feedback,
including guidelines for the reporting on actions taken in response to
the feedback received: Provided further, That the Department of State
and USAID shall regularly conduct oversight to ensure that such
feedback is regularly collected and used by implementing partners to
maximize the cost-effectiveness and utility of such assistance.
(n) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia
and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of loan guarantees for Egypt, Jordan, Tunisia, and Ukraine,
which are authorized to be provided: Provided, That amounts
made available under this paragraph for the costs of such
guarantees shall not be considered assistance for the purposes
of provisions of law limiting assistance to a country.
(2) Designation requirement.--Funds made available pursuant
to paragraph (1) from prior Acts making appropriations for the
Department of State, foreign operations, and related programs
that were previously designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of such Act.
(3) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject
to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations.
(o) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic Support
Fund'', not less than $50,000,000 shall be made available for
Local Works pursuant to section 7080 of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2015 (division J of Public Law 113-235), which may remain
available until September 30, 2025.
(2) Eligible entities.--For the purposes of section 7080 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235), ``eligible entities'' shall be defined as small
local, international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000
from USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may be
considered individually in determining such eligibility.
(p) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the International Fund for
Agricultural Development, the Asian Development Bank, the Asian
Development Fund, the Inter-American Investment Corporation,
the North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank,
the African Development Fund, and the Multilateral Investment
Guarantee Agency.
(4) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
(5) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for
measuring progress, and a timeline for achieving such
goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or
planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(6) Successor operating unit.--Any reference to a
particular USAID operating unit or office in this or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be deemed to include any
successor operating unit or office performing the same or
similar functions.
(7) This act.--Except as expressly provided otherwise, any
reference to ``this Act'' contained in titles I through VIII
shall be treated as referring only to the provisions of such
titles.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry out the
provisions of chapter 1 of part I and chapters 4 and 6 of part
II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights, the
rule of law, anti-corruption, strategic planning, and through
assistance to foster civilian police roles that support
democratic governance, including assistance for programs to
prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(2) Counterterrorism partnerships fund.--Funds appropriated
by this Act under the heading ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' shall be made
available for the Counterterrorism Partnerships Fund for
programs in areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and Syria or
other terrorist organizations: Provided, That such areas shall
include the Kurdistan Region of Iraq: Provided further, That
prior to the obligation of funds made available pursuant to
this paragraph, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such funds: Provided
further, That funds made available pursuant to this paragraph
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(3) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act,
funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' shall be made available for combat
casualty training and equipment.
(B) The Secretary of State shall offer combat
casualty care training and equipment as a component of
any package of lethal assistance funded by this Act
with funds appropriated under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of
this subparagraph shall apply to a country in conflict,
unless the Secretary determines that such country has
in place, to the maximum extent practicable,
functioning combat casualty care treatment and
equipment that meets or exceeds the standards
recommended by the Committee on Tactical Combat
Casualty Care: Provided further, That any such training
and equipment for combat casualty care shall be made
available through an open and competitive process.
(4) Training related to international humanitarian law.--
The Secretary of State shall offer training related to the
requirements of international humanitarian law as a component
of any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'':
Provided, That the requirement of this paragraph shall not
apply to a country that is a member of the North Atlantic
Treaty Organization (NATO), is a major non-NATO ally designated
by section 517(b) of the Foreign Assistance Act of 1961, or is
complying with international humanitarian law: Provided
further, That any such training shall be made available through
an open and competitive process.
(5) Security force professionalization.--Funds appropriated
by this Act under the headings ``International Narcotics
Control and Law Enforcement'' and ``Peacekeeping Operations''
shall be made available to increase the capacity of foreign
military and law enforcement personnel to operate in accordance
with appropriate standards relating to human rights and the
protection of civilians, following consultation with the
Committees on Appropriations: Provided, That funds made
available pursuant to this paragraph shall be made available
through an open and competitive process.
(6) Global security contingency fund.--Notwithstanding any
other provision of this Act, up to $7,500,000 from funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'' may be
transferred to, and merged with, funds previously made
available under the heading ``Global Security Contingency
Fund'', subject to the regular notification procedures of the
Committees on Appropriations.
(7) International prison conditions.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', and ``International
Narcotics Control and Law Enforcement'', not less than
$7,500,000 shall be made available for assistance to eliminate
inhumane conditions in foreign prisons and other detention
facilities, notwithstanding section 660 of the Foreign
Assistance Act of 1961: Provided, That the Secretary of State
and the USAID Administrator shall consult with the Committees
on Appropriations on the proposed uses of such funds prior to
obligation and not later than 60 days after enactment of this
Act: Provided further, That such funds shall be in addition to
funds otherwise made available by this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235) shall continue in effect during fiscal year
2021.
(3) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
1011) is amended by striking ``of this section'' and
all that follows through the period at the end and
inserting ``of this section after September 30,
2023.''.
(B) Section 514(b)(2)(A) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``and 2021'' and inserting ``2021, 2022, and
2023''.
(4) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject to the
regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act (22 U.S.C. 2763) may be used to provide
financing to Israel, Egypt, the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
(5) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund), to
remain available for obligation until September 30, 2023:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the
Secretary of State.
(6) Public disclosure.--For the purposes of funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for assistance for units of
foreign security forces, the term ``to the maximum extent
practicable'' in section 620M(d)(7) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d) means that the identity of such
units shall be made publicly available unless the Secretary of
State, on a case-by-case basis, determines and reports to the
appropriate congressional committees that non-disclosure is in
the national security interest of the United States: Provided,
That any such determination shall include a detailed
justification, and may be submitted in classified form.
(7) Duty to inform.--If assistance to a foreign security
force is provided in a manner in which the recipient unit or
units cannot be identified prior to the transfer of assistance,
the Secretary of State shall provide a list of units prohibited
from receiving such assistance pursuant to section 620M of the
Foreign Assistance Act of 1961 to the recipient government.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision
of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the
clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and
conditions as the Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance
shall be furnished for cluster munitions, no defense
export license for cluster munitions may be issued, and
no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(i) the submunitions of the cluster
munitions, after arming, do not result in more
than 1 percent unexploded ordnance across the
range of intended operational environments, and
the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or
cluster munitions technology specifies that the
cluster munitions will only be used against
clearly defined military targets and will not
be used where civilians are known to be present
or in areas normally inhabited by civilians; or
(ii) such assistance, license, sale, or
transfer is for the purpose of demilitarizing
or permanently disposing of such cluster
munitions.
(3) Congressional budget justifications.--Of the funds
realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act and made available for obligation for expenses
incurred by the Department of Defense, Defense Security
Cooperation Agency (DSCA) during fiscal year 2021 pursuant to
section 43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)), $25,000,000 shall be withheld from obligation until
the DSCA, jointly with the Department of State, submits to the
Committees on Appropriations the congressional budget
justification for funds requested under the heading ``Foreign
Military Financing Program'' for fiscal years 2021 and 2022,
including the accompanying classified appendices.
(4) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries that
the Secretary of State determines are undemocratic or are
undergoing democratic transitions.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on funds
obligated and expended during fiscal year 2020, by country and
purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(2) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ``military training provided to foreign
military personnel by the Department of Defense and the
Department of State'' shall be deemed to include all military
training provided by foreign governments with funds
appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-North Atlantic Treaty Organization
ally.
arab league boycott of israel
Sec. 7036. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of Israel
and find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2021, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise
honoring individuals who commit, or have committed acts
of terrorism; and
(B) any educational institution located in the West
Bank or Gaza that is named after an individual who the
Secretary of State determines has committed an act of
terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports on
the extent of Palestinian compliance with such benchmarks.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,000,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2021 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with Hamas
and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and may
only be made available for assistance for the Government of
Egypt if the Secretary of State certifies and reports to the
Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(2) Economic support fund.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', up to
$125,000,000 may be made available for assistance for Egypt, of
which up to $40,000,000 should be made available for higher
education programs, including $15,000,000 for scholarships for
Egyptian students with high financial need to attend not-for-
profit institutions of higher education in Egypt that are
currently accredited by a regional accrediting agency
recognized by the United States Department of Education, or
meets standards equivalent to those required for United States
institutional accreditation by a regional accrediting agency
recognized by such Department: Provided, That such funds shall
be made available for democracy programs, and for development
programs in the Sinai: Provided further, That such funds may
not be made available for cash transfer assistance or budget
support unless the Secretary of State certifies and reports to
the appropriate congressional committees that the Government of
Egypt is taking consistent and effective steps to stabilize the
economy and implement market-based economic reforms.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'', up to $1,300,000,000, to remain available
until September 30, 2022, may be made available for
assistance for Egypt: Provided, That such funds may be
transferred to an interest bearing account in the
Federal Reserve Bank of New York, following
consultation with the Committees on Appropriations:
Provided further, That 20 percent of such funds shall
be withheld from obligation until the Secretary of
State certifies and reports to the Committees on
Appropriations that the Government of Egypt is taking,
on a sustained and effective basis, the steps
enumerated under this section in the report
accompanying this Act: Provided further, That the
certification requirement of this paragraph shall not
apply to funds appropriated by this Act under such
heading for counterterrorism, border security, and
nonproliferation programs for Egypt.
(B) Waiver.--
(i) The Secretary of State may waive the
certification requirement in subparagraph (A)
with respect to 95 percent of the amount
withheld from obligation pursuant to such
subparagraph if the Secretary determines and
reports to the Committees on Appropriations
that to do so is important to the national
security interest of the United States, and
includes in such report a detailed
justification for the use of such waiver and
the reasons why any of the certification
requirements of subparagraph (A) cannot be met:
Provided, That the report required by this
paragraph shall be submitted in unclassified
form, but may be accompanied by a classified
annex.
(ii) The remaining 5 percent may only be
made available for obligation if the Secretary
of State determines and reports to the
Committees on Appropriations that the
Government of Egypt has completed action to
provide fair and commensurate compensation to
American citizen April Corley for injuries
suffered by Egyptian armed forces on September
13, 2015: Provided, That none of the funds
withheld pursuant to subparagraph (A) shall be
transferred to the interest bearing account
referenced in subparagraph (A) until the
determination in the preceding sentence has
been provided to the Committees on
Appropriations.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available for the programs and
activities described under this section in the report
accompanying this Act.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State
shall submit to the Committees on Appropriations the
semi-annual report required by section 135(d)(4) of the
Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
added by section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days
after the date of enactment of this Act, the Secretary
of State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report on--
(i) the status of United States bilateral
sanctions on Iran;
(ii) the reimposition and renewed
enforcement of secondary sanctions; and
(iii) the impact such sanctions have had on
Iran's destabilizing activities throughout the
Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Iraq for
bilateral economic assistance and international security
assistance, including in the Kurdistan Region of Iraq and for
programs to protect and assist religious and ethnic minority
populations in Iraq as described under this section in the
report accompanying this Act.
(2) Basing rights agreement.--None of the funds
appropriated or otherwise made available by this Act may be
used by the Government of the United States to enter into a
permanent basing rights agreement between the United States and
Iraq.
(d) Jordan.--Of the funds appropriated by this Act under titles III
and IV, not less than $1,525,000,000 shall be made available for
assistance for Jordan, of which not less than $800,000,000 of the funds
appropriated under the heading ``Economic Support Fund'' shall be made
available for budget support for the Government of Jordan and not less
than $425,000,000 shall be made available under the heading ``Foreign
Military Financing Program''.
(e) Lebanon.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Lebanon:
Provided, That such funds made available under the heading
``Economic Support Fund'' may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(2) Security assistance.--
(A) Funds appropriated by this Act under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing
Program'' that are made available for assistance for
Lebanon may be made available for programs and
equipment for the Lebanese Internal Security Forces
(ISF) and the Lebanese Armed Forces (LAF) to address
security and stability requirements in areas affected
by conflict in Syria, following consultation with the
appropriate congressional committees.
(B) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are
made available for assistance for Lebanon may only be
made available for programs to--
(i) professionalize the LAF to mitigate
internal and external threats from non-state
actors, including Hizballah;
(ii) strengthen border security and combat
terrorism, including training and equipping the
LAF to secure the borders of Lebanon and
address security and stability requirements in
areas affected by conflict in Syria,
interdicting arms shipments, and preventing the
use of Lebanon as a safe haven for terrorist
groups; and
(iii) implement United Nations Security
Council Resolution 1701:
Provided, That prior to obligating funds made
available by this subparagraph for assistance for the
LAF, the Secretary of State shall submit to the
Committees on Appropriations a spend plan, including
actions to be taken to ensure equipment provided to the
LAF is used only for the intended purposes, except such
plan may not be considered as meeting the notification
requirements under section 7015 of this Act or under
section 634A of the Foreign Assistance Act of 1961, and
shall be submitted not later than June 1, 2021:
Provided further, That any notification submitted
pursuant to such section shall include any funds
specifically intended for lethal military equipment.
(3) Limitation.--None of the funds appropriated by this Act
may be made available for the ISF or the LAF if the ISF or the
LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(f) Libya.--Prior to the initial obligation of funds made available
by this Act for assistance for Libya, the Secretary of State shall
certify and report to the Committees on Appropriations that all
practicable steps have been taken to ensure that mechanisms are in
place for monitoring, oversight, and control of such funds.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made
available for assistance for the Western Sahara: Provided, That
not later than 90 days after enactment of this Act and prior to
the obligation of such funds, the Secretary of State, in
consultation with the Administrator of the United States Agency
for International Development, shall consult with the
Committees on Appropriations on the proposed uses of such
funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Morocco may
only be used for the purposes requested in the Congressional
Budget Justification, Foreign Operations, Fiscal Year 2017.
(h) Saudi Arabia.--None of the funds appropriated by this Act under
the heading ``International Military Education and Training'' may be
made available for assistance for the Government of Saudi Arabia.
(i) Syria.--
(1) Non-lethal assistance.--Funds appropriated or otherwise
made available by this Act may be made available
notwithstanding any other provision of law for non-lethal
stabilization assistance for Syria, including for emergency
medical and rescue response and chemical weapons use
investigations.
(2) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project or
activity that supports or otherwise legitimizes the
Government of Iran, foreign terrorist organizations (as
designated pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189)), or a proxy of
Iran in Syria;
(B) may not be made available for activities that
further the strategic objectives of the Government of
the Russian Federation that may threaten or undermine
United States national security interests; and
(C) should not be used in areas of Syria controlled
by a government led by Bashar al-Assad or associated
forces.
(3) Monitoring and oversight.--Prior to the obligation of
any funds appropriated by this Act and made available for
assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria.
(4) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Tunisia.--Of the funds appropriated under titles III and IV of
this Act, not less than $191,400,000 shall be made available for
assistance for Tunisia.
(k) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank and
Gaza, the Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and
accountable government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``Economic Support Fund'' in this Act may be
made available for assistance for the Palestinian
Authority, if after the date of enactment of this Act--
(I) the Palestinians obtain the same
standing as member states or full membership as
a state in the United Nations or any
specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians;
or
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support
such an investigation, that subjects Israeli
nationals to an investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive the
restriction in clause (i) of this subparagraph
resulting from the application of subclause (I) of such
clause if the Secretary certifies to the Committees on
Appropriations that to do so is in the national
security interest of the United States, and submits a
report to such Committees detailing how the waiver and
the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of
section 1003 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (Public Law 100-204) if
the President determines and certifies in writing to
the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the
appropriate congressional committees that the
Palestinians have not, after the date of enactment of
this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel
and the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for
alleged crimes against Palestinians.
(ii) Not less than 90 days after the President is
unable to make the certification pursuant to clause (i)
of this subparagraph, the President may waive section
1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that the
Palestinians have entered into direct and meaningful
negotiations with Israel: Provided, That any waiver of
the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under
the preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph
shall be effective for no more than a period of 6
months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(3) Application of taylor force act.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' and made
available for assistance for the West Bank and Gaza shall not
be made available in contravention of section 1004(a) of the
Taylor Force Act (title X of division S of Public Law 115-141).
(4) Private sector partnership programs.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for private sector partnership
programs for the West Bank and Gaza if such funds are
authorized: Provided, That funds made available pursuant to
this paragraph shall be subject to prior consultation with the
appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(5) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law
110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter incitement
of violence against Israelis and to promote peace and
coexistence with Israel.
(l) Yemen.--Funds appropriated under title III of this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs shall be made available for global
health, humanitarian, and stabilization assistance for Yemen.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
Funds appropriated by this Act under the heading ``International
Military Education and Training'' for the central government of a
country in the African Great Lakes region may be made available only
for Expanded International Military Education and Training and
professional military education until the Secretary of State determines
and reports to the Committees on Appropriations that such government is
not facilitating or otherwise participating in destabilizing activities
in a neighboring country, including aiding and abetting armed groups.
(b) Cameroon.--Funds appropriated under title IV of this Act that
are made available for assistance for the armed forces of Cameroon,
including the Rapid Intervention Battalion, may only be made available
to counter regional terrorism, including Boko Haram and other Islamic
State affiliates, participate in international peacekeeping operations,
and for military education and maritime security programs.
(c) Central African Republic.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for a contribution to the Special
Criminal Court in Central African Republic.
(d) Lake Chad Basin Countries.--Funds appropriated under titles III
and IV of this Act shall be made available, following consultation with
the Committees on Appropriations, for assistance for Cameroon, Chad,
Niger, and Nigeria for--
(1) democracy, development, and health programs;
(2) assistance for individuals targeted by foreign
terrorist and other extremist organizations, including Boko
Haram, consistent with the provisions of section 7059 of this
Act;
(3) assistance for individuals displaced by violent
conflict; and
(4) counterterrorism programs.
(e) Malawi.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $60,000,000 shall be
made available for assistance for Malawi, of which up to $10,000,000
shall be made available for higher education programs.
(f) South Sudan.--
(1) Assistance.--Of the funds appropriated under title III
of this Act that are made available for assistance for South
Sudan, not less than $15,000,000 shall be made available for
democracy programs and not less than $8,000,000 shall be made
available for conflict mitigation and reconciliation programs.
(2) Limitation on assistance for the central government.--
Funds appropriated by this Act that are made available for
assistance for the central Government of South Sudan may only
be made available, following consultation with the Committees
on Appropriations, for--
(A) humanitarian assistance;
(B) health programs, including to prevent, detect,
and respond to the Ebola virus disease;
(C) assistance to support South Sudan peace
negotiations or to advance or implement a peace
agreement; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement
and mutual arrangements related to such agreement:
Provided, That prior to the initial obligation of funds made
available pursuant to subparagraphs (C) and (D), the Secretary
of State shall consult with the Committees on Appropriations on
the intended uses of such funds and steps taken by such
government to advance or implement a peace agreement.
(g) Sudan.--
(1) Assistance.--Funds appropriated by this Act under title
III should be made available to support the civilian-led
transition in Sudan, including for assistance for health,
democracy, economic growth, agriculture, and education.
(2) Limitation on loans.--None of the funds appropriated by
this Act may be made available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the Government of
Sudan, including the cost of selling, reducing, or canceling
amounts owed to the United States, and modifying concessional
loans, guarantees, and credit agreements.
(3) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for
any new program or activity in Sudan shall be subject to prior
consultation with the appropriate congressional committees.
(h) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant to
the Government of Zimbabwe, except to meet basic human needs or
to promote democracy, unless the Secretary of State certifies
and reports to the Committees on Appropriations that the rule
of law has been restored, including respect for ownership and
title to property, and freedoms of expression, association, and
assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education, unless
the Secretary of State certifies and reports as required in
paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--
(A) Funds appropriated under title III of this Act
for assistance for Burma--
(i) may be made available notwithstanding
any other provision of law, except for this
subsection, and following consultation with the
Committees on Appropriations;
(ii) may be made available for ethnic
groups and civil society in Burma to help
sustain ceasefire agreements and further
prospects for reconciliation and peace, which
may include support to representatives of
ethnic armed groups for this purpose; and
(iii) shall be made available for programs
to strengthen independent media and civil
society organizations, to promote ethnic and
religious tolerance, and to combat gender-based
violence, including in Kachin, Karen, Rakhine,
and Shan states and for the purposes enumerated
under this section in the report accompanying
this Act.
(B) Funds appropriated under title III of this Act
for assistance for Burma shall be made available for
community-based organizations operating in Thailand to
provide food, medical, and other humanitarian
assistance to internally displaced persons in eastern
Burma, in addition to assistance for Burmese refugees
from funds appropriated by this Act under the heading
``Migration and Refugee Assistance'': Provided, That
such funds may be available for programs to support the
return of Kachin, Karen, Rohingya, Shan, and other
refugees and internally displaced persons to their
locations of origin or preference in Burma only if such
returns are voluntary and consistent with international
law.
(C) Funds appropriated under title III of this Act
for assistance for Burma that are made available for
assistance for the Government of Burma to support the
implementation of Nationwide Ceasefire Agreement
conferences, committees, and other procedures may only
be made available if the Secretary of State reports to
the Committees on Appropriations that such conferences,
committees, and procedures are directed toward a
sustainable peace and the Government of Burma is
implementing its commitments under such Agreement.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That the Department of State may continue
consultations with the armed forces of Burma only on human
rights and disaster response in a manner consistent with the
prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) Limitations.--None of the funds appropriated under
title III of this Act for assistance for Burma may be made
available to any organization or entity controlled by the armed
forces of Burma, or to any individual or organization that has
committed a gross violation of human rights or advocates
violence against ethnic or religious groups or individuals in
Burma, as determined by the Secretary of State for programs
administered by the Department of State and USAID or the
President of the National Endowment for Democracy (NED) for
programs administered by NED.
(4) Consultation.--Any new program or activity in Burma
initiated in fiscal year 2021 shall be subject to prior
consultation with the appropriate congressional committees.
(b) Cambodia.--
(1) Assistance.--Funds appropriated under title III of this
Act, shall be made available for assistance for Cambodia.
(2) Determination and exceptions.--
(A) Determination.--None of the funds appropriated
by this Act that are made available for assistance for
the Government of Cambodia may be obligated or expended
unless the Secretary of State determines and reports to
the Committees on Appropriations that such Government
is taking effective steps to--
(i) strengthen regional security and
stability, particularly regarding territorial
disputes in the South China Sea and the
enforcement of international sanctions with
respect to North Korea;
(ii) cease violence and harassment against
civil society in Cambodia, including the
political opposition, and dismiss any
politically motivated criminal charges against
those who criticize the government; and
(iii) respect the rights, freedoms, and
responsibilities enshrined in the Constitution
of the Kingdom of Cambodia as enacted in 1993.
(B) Exceptions.--The determination required by
subparagraph (A) shall not apply to funds appropriated
by this Act and made available for democracy, health,
education, and environment programs, programs to
strengthen the sovereignty of Cambodia, and programs to
educate and inform the people of Cambodia of the
influence efforts of the People's Republic of China in
Cambodia.
(3) Uses of funds.--Funds appropriated under title III of
this Act for assistance for Cambodia may be made available
for--
(A) research and education programs associated with
the Khmer Rouge in Cambodia; and
(B) programs in the Khmer language to monitor, map,
and publicize the efforts by the People's Republic of
China to expand its influence in Cambodia.
(c) Indo-Pacific Strategy and the Countering Chinese Influence
Fund.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available to support the
implementation of the Indo-Pacific Strategy and the Asia
Reassurance Initiative Act of 2018 (Public Law 115-409).
(2) Countering chinese influence fund.--Funds appropriated
by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``International Narcotics Control
and Law Enforcement'', and ``Foreign Military Financing
Program'', may be made available for a Countering Chinese
Influence Fund to counter the influence of the People's
Republic of China globally, which shall be subject to prior
consultation with the Committees on Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for any project or activity that
directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of
China; and
(B) the use of technology, including biotechnology,
digital, telecommunications, and cyber, developed by
the People's Republic of China unless the Secretary of
State, in consultation with the USAID Administrator,
determines that such use does not adversely impact the
national security of the United States.
(d) North Korea.--
(1) Report.--The Secretary of State shall submit the report
required by section 209 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C. 9229) to
the Committees on Appropriations.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at
levels not less than the prior fiscal year.
(3) Human rights promotion and limitation on use of
funds.--
(A) Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy
Fund'' shall be made available for the promotion of
human rights in North Korea: Provided, That the
authority of section 7032(b)(1) of this Act shall apply
to such funds.
(B) None of the funds made available by this Act
under the heading ``Economic Support Fund'' may be made
available for assistance for the Government of North
Korea.
(e) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs'' in this
Act may be obligated or expended for processing licenses for
the export of satellites of United States origin (including
commercial satellites and satellite components) to the People's
Republic of China (PRC) unless, at least 15 days in advance,
the Committees on Appropriations are notified of such proposed
action.
(2) People's liberation army.--None of the funds
appropriated or otherwise made available pursuant to this Act
may be used to finance any grant, contract, or cooperative
agreement with the People's Liberation Army (PLA), or any
entity that the Secretary of State has reason to believe is
owned or controlled by, or an affiliate of, the PLA.
(3) Hong kong.--
(A) Assistance.--Funds appropriated by this Act
under the heading ``Democracy Fund'' for the Human
Rights and Democracy Fund of the Bureau of Democracy,
Human Rights, and Labor, Department of State, shall be
made available for democracy programs for Hong Kong,
including legal and other support for democracy
activists.
(B) Restriction.--None of the funds appropriated by
this Act may be made available to enterprises,
organizations, or other entities in Hong Kong that
receive funding from, or are supported by, the
Government of the PRC.
(C) Report.--Funds appropriated under title I of
this Act shall be made available to prepare and submit
to Congress the report required by section 301 of the
United States-Hong Kong Policy Act of 1992 (22 U.S.C.
5731) pursuant to section 7043(f)(4)(B) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2020 (division G of Public
Law 116-94), which shall also include a description
of--
(i) actions taken by the Government of the
PRC and the Hong Kong authorities to implement
the decision approved by the National People's
Congress on May 28, 2020 for the Hong Kong
Special Administration Region; and
(ii) actions taken by the Government of the
PRC and the Hong Kong authorities to modify
Hong Kong's existing judicial systems and
enforcement mechanisms in order to erode
democratic rights and civil liberties protected
under Hong Kong Basic Law.
(D) Visa restriction.--Section 7031(c) of this Act
shall be construed to apply to government officials and
their immediate family members about whom the Secretary
of State has credible information have been involved in
implementing the decision approved by the National
People's Congress on May 28, 2020 for the Hong Kong
Special Administration Region that undermines the
autonomy and fundamental freedoms of the people of Hong
Kong: Provided, That not later than 60 days after
enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees
describing the implementation of this subparagraph.
(f) Philippines.--
(1) None of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law Enforcement''
may be made available for counternarcotics assistance for the
Philippines, except for drug demand reduction, maritime law
enforcement, or transnational interdiction.
(2)(A) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for the Government of Philippines
unless the Secretary of State determines and reports to the
Committees on Appropriations that such Government is taking
effective steps to promote human rights and strengthen
accountability mechanisms.
(B) The Secretary of State may waive the restriction on
assistance required by subparagraph (A) if the Secretary
determines and reports to the Committees on Appropriations that
providing such assistance is important to the national security
interest of the United States, including a description of the
national security interest served.
(g) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of projects
in Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Programs for tibetan communities.--
(A) Notwithstanding any other provision of law, of
the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $8,000,000
shall be made available to nongovernmental
organizations to support activities which preserve
cultural traditions and promote sustainable
development, education, and environmental conservation
in Tibetan communities in the Tibet Autonomous Region
and in other Tibetan communities in China.
(B) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$6,000,000 shall be made available for programs to
promote and preserve Tibetan culture and language in
the refugee and diaspora Tibetan communities,
development, and the resilience of Tibetan communities
and the Central Tibetan Administration in India and
Nepal, and to assist in the education and development
of the next generation of Tibetan leaders from such
communities: Provided, That such funds are in addition
to amounts made available in subparagraph (A) for
programs inside Tibet.
(C) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for programs to
strengthen the capacity of the Central Tibetan
Administration: Provided, That such funds shall be
administered by the United States Agency for
International Development.
(h) Vietnam.--Funds appropriated under titles III and IV of this
Act and made available for assistance for Vietnam, should be made
available for--
(1) health and disability programs in areas sprayed with
Agent Orange and contaminated with dioxin, to assist
individuals with severe upper or lower body mobility impairment
or cognitive or developmental disabilities; and
(2) activities related to the remediation of dioxin
contaminated sites in Vietnam and may be made available for
assistance for the Government of Vietnam, including the
military, for such purposes, notwithstanding any other
provision of law.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Funding and limitations.--Funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that
are made available for assistance for Afghanistan--
(A) shall be made available to implement the South
Asia Strategy, the Revised Strategy for United States
Engagement in Afghanistan, and the United States Agency
for International Development Country Development
Cooperation Strategy for Afghanistan, or any updated
subsequent strategy;
(B) shall be made available to continue support for
institutions of higher education in Kabul, Afghanistan
that are accessible to both women and men in a
coeducational environment, including for the costs for
operations and security for such institutions;
(C) shall be made available for programs that
protect and strengthen the rights of Afghan women and
girls and promote the political and economic
empowerment of women including their meaningful
inclusion in political processes: Provided, That such
assistance to promote the economic empowerment of women
shall be made available as grants to Afghan
organizations, to the maximum extent practicable;
(D) shall be made available to support long-term
development assistance programs in areas previously
under the control of the Taliban: Provided, That such
funds may be made available notwithstanding any other
provision of law and following consultation with the
Committees on Appropriation; and
(E) may not be made available for any program,
project, or activity pursuant to section 7044(a)(1)(C)
of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019 (division F
of Public Law 116-6).
(2) Afghan women.--
(A) In general.--The Secretary of State shall
promote the meaningful participation of Afghan women in
ongoing peace and reconciliation processes in
Afghanistan in a manner consistent with the Women,
Peace, and Security Act of 2017 (Public Law 115-68),
including advocacy for the inclusion of Afghan women
leaders in ongoing and future dialogue and negotiations
and efforts to ensure that any long-term peace
agreement reached between the Afghan Government and the
Taliban protects the rights of women and girls and
ensures their freedom of movement, rights to education
and work, and access to healthcare and legal
representation.
(B) Assistance.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs under
the heading ``Economic Support Fund'' shall be made
available for an endowment pursuant to paragraph
(3)(A)(iv) of this subsection for an institution of
higher education in Kabul, Afghanistan that is
accessible to both women and men in a coeducational
environment: Provided, That such endowment shall be
established in partnership with a United States-based
American higher education institution that will serve
on its board of trustees: Provided further, That prior
to the obligation of funds for such an endowment, the
Administrator of the United States Agency for
International Development shall submit a report to the
Committees on Appropriations describing the governance
structure, including a proposed board of trustees, and
financial safeguards, including regular audit and
reporting requirements, in any endowment agreement:
Provided further, That the USAID Administrator shall
provide a report on the expenditure of funds generated
from such an endowment to the Committees on
Appropriations on an annual basis.
(3) Authorities.--
(A) Funds appropriated by this Act under titles III
through VI that are made available for assistance for
Afghanistan may be made available--
(i) notwithstanding section 7012 of this
Act or any similar provision of law and section
660 of the Foreign Assistance Act of 1961;
(ii) for reconciliation programs and
disarmament, demobilization, and reintegration
activities for former combatants who have
renounced violence against the Government of
Afghanistan, including in accordance with
section 7046(a)(2)(B)(ii) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public
Law 112-74);
(iii) for an endowment to empower women and
girls; and
(iv) for an endowment for higher education.
(B) Section 7046(a)(2)(A) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-
74) shall apply to funds appropriated by this Act for
assistance for Afghanistan.
(C) Of the funds appropriated by this Act under the
heading ``Diplomatic Programs'', up to $3,000,000 may
be transferred to any other appropriation of any
department or agency of the United States Government,
upon the concurrence of the head of such department or
agency, to support operations in, and assistance for,
Afghanistan and to carry out the provisions of the
Foreign Assistance Act of 1961: Provided, That any such
transfer shall be subject to the regular notification
procedures of the Committees on Appropriations.
(4) Strategy.--Not later than 45 days after the date of
enactment of this Act, the Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, shall submit to the appropriate
congressional committees a comprehensive, multi-year strategy
for diplomatic and development engagement with Afghanistan that
reflects the agreement between the United States Government and
the Taliban, as well as on-going intra-Afghan negotiations:
Provided, That such strategy shall include information
regarding, but not limited to, the inclusion of women in intra-
Afghan negotiations, political concessions between the Afghan
government and the Taliban, and expected Department of State
and United States military presence in Afghanistan.
(5) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Bangladesh.--Funds appropriated under titles III and IV of this
Act shall be made available for--
(1) programs to address the needs of communities impacted
by refugees from Burma;
(2) programs to protect freedom of expression and due
process of law; and
(3) democracy programs, of which not less than $2,000,000
shall be made available for such programs for the Rohingya
community in Bangladesh.
(c) Nepal.--Funds appropriated under titles III and IV of this Act
shall be made available for assistance for Nepal, including for
development and democracy programs.
(d) Pakistan.--The terms and conditions of section 7044(c) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116-6) shall
continue in effect during fiscal year 2021.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly in
areas recovering from ethnic and religious conflict: Provided,
That such funds shall be made available for programs to assist
in the identification and resolution of cases of missing
persons.
(2) Determination.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka, except for
funds made available for humanitarian assistance, victims of
trauma, and technical assistance to promote fiscal transparency
and sovereignty, may be made available only if the Secretary of
State determines and reports to the Committees on
Appropriations that such Government is taking effective and
consistent steps to--
(A) respect and uphold the rights and freedoms of
the people of Sri Lanka regardless of ethnicity and
religious belief, including by investigating violations
of human rights and holding perpetrators of such
violations accountable;
(B) assert its sovereignty against interference by
the People's Republic of China; and
(C) promote reconciliation between ethnic and
religious groups arising from past conflict in Sri
Lanka, including by addressing land confiscation and
ownership issues, resolving cases of missing persons,
and reducing the presence of the armed forces in former
conflict zones.
(3) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance
for Sri Lanka shall be subject to the following conditions--
(A) not to exceed $500,000 may be made available
under the heading ``Foreign Military Financing
Program'' only for programs to support humanitarian and
disaster response preparedness and maritime security,
including professionalization and training for the navy
and coast guard; and
(B) funds under the heading ``Peacekeeping
Operations'' may only be made available subject to the
regular notification procedures of the Committees on
Appropriations.
(f) Regional Programs.--Funds appropriated by this Act shall be
made available for assistance for Afghanistan, Pakistan, and other
countries in South and Central Asia to significantly increase the
recruitment, training, and retention of women in the judiciary, police,
and other security forces, and to train judicial and security personnel
in such countries to prevent and address gender-based violence, human
trafficking, and other practices that disproportionately harm women and
girls.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--
(A) Fiscal year 2021.--Of the funds appropriated by
this Act under titles III and IV, not less than
$519,885,000 shall be made available for assistance for
Central America, including through the Central America
Regional Security Initiative, of which not less than
$420,790,000 shall be for assistance for El Salvador,
Guatemala, and Honduras: Provided, That such assistance
shall be prioritized for programs and activities that
addresses the key factors that contribute to the
migration of unaccompanied, undocumented minors to the
United States and such funds shall be made available
for global health, humanitarian, development,
democracy, border security, and law enforcement
programs for such countries, including for programs to
reduce violence against women and girls and to combat
corruption, and for support of commissions against
corruption and impunity, as appropriate: Provided
further, That not less than $45,000,000 shall be for
support of offices of Attorneys General and of other
entities and activities to combat corruption and
impunity in such countries.
(B) Fiscal year 2020.--Section 7045(a)(1)(A) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2020 (division G of Public
Law 116-94) is amended by striking ``$519,885,000
should'' and inserting in lieu thereof ``$519,885,000
shall''.
(2) Northern triangle.--
(A) Limitation on assistance to certain central
governments.--Of the funds made available pursuant to
paragraph (1) under the heading ``Economic Support
Fund'' and under title IV of this Act that are made
available for assistance for each of the central
governments of El Salvador, Guatemala, and Honduras, 50
percent may only be obligated after the Secretary of
State certifies and reports to the appropriate
congressional committees that such government is--
(i) combating corruption and impunity,
including prosecuting corrupt government
officials;
(ii) implementing reforms, policies, and
programs to increase transparency and
strengthen public institutions;
(iii) protecting the rights of civil
society, opposition political parties, and the
independence of the media;
(iv) providing effective and accountable
law enforcement and security for its citizens,
and upholding due process of law;
(v) implementing policies to reduce poverty
and promote equitable economic growth and
opportunity;
(vi) supporting the independence of the
judiciary and of electoral institutions;
(vii) improving border security;
(viii) combating human smuggling and
trafficking and countering the activities of
criminal gangs, drug traffickers, and
transnational criminal organizations; and
(ix) informing its citizens of the dangers
of the journey to the southwest border of the
United States.
(B) Reprogramming.--If the Secretary is unable to
make the certification required by subparagraph (A) for
one or more of the governments, such assistance for
such central government shall be reprogrammed for
assistance for other countries in Latin America and the
Caribbean, notwithstanding the minimum funding
requirements of this subsection and of section 7019 of
this Act: Provided, That any such reprogramming shall
be subject to the regular notification procedures of
the Committees on Appropriations.
(C) Exceptions.--The limitation of subparagraph (A)
shall not apply to funds appropriated by this Act that
are made available for--
(i) the International Commission Against
Impunity in El Salvador, and support of offices
of Attorneys General and of other entities and
activities related to combating corruption and
impunity;
(ii) programs to combat gender-based
violence;
(iii) humanitarian assistance; and
(iv) food security programs.
(D) Foreign military financing program.--None of
the funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made
available for assistance for El Salvador, Guatemala, or
Honduras.
(3) Costa rica.--The Secretary of State shall report to the
Committees on Appropriations in writing on American citizens
detained in Costa Rica: Provided, That such report shall
include the number of American citizens known to be detained
and whether such individuals are serving sentences or in pre-
trial detention, provided regular access to United States
Consular officers, being treated humanely, and afforded access
to legal representation: Provided further, That such report
shall be updated every 45 days until September 30, 2022:
Provided further, That such report shall be submitted in
unclassified form, but may include a classified annex.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $457,253,000 shall be
made available for assistance for Colombia: Provided, That such
funds shall be made available for the programs and activities
described under this section in the report accompanying this
Act.
(2) Withholding of funds.--
(A) Counternarcotics.--Of the funds appropriated by
this Act under the heading ``International Narcotics
Control and Law Enforcement'' and made available for
assistance for Colombia, 20 percent may be obligated
only after the Secretary of State determines and
reports to the Committees on Appropriations that the
Government of Colombia is continuing to implement a
national whole-of-government counternarcotics strategy
intended to reduce by 50 percent cocaine production and
coca cultivation levels in Colombia by 2023 and such
program is not in violation of the 2016 peace accord
between the Government of Colombia and the
Revolutionary Armed Forces of Colombia.
(B) Human rights.--Of the funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' and made available for assistance for
Colombia, 20 percent may be obligated only after the
Secretary of State determines and reports to the
Committees on Appropriations that--
(i) the Special Jurisdiction for Peace and
other judicial authorities are taking effective
steps to hold accountable perpetrators of gross
violations of human rights in a manner
consistent with international law, including
for command responsibility, and sentence them
to deprivation of liberty;
(ii) the Government of Colombia is taking
effective steps to prevent attacks against
human rights defenders and other civil society
activists, trade unionists, and journalists,
and judicial authorities are prosecuting those
responsible for such attacks;
(iii) the Government of Colombia is taking
effective steps to protect Afro-Colombian and
indigenous communities and is respecting their
rights and territory;
(iv) senior military officers responsible
for ordering, committing, and covering up cases
of false positives are being held accountable,
including removal from active duty if found
guilty through criminal or disciplinary
proceedings; and
(v) the Government of Colombia has
investigated and is taking steps to hold
accountable Government officials credibly
alleged to have directed, authorized, or
conducted illegal surveillance of political
opponents, government officials, journalists,
and human rights defenders, including the use
of assets provided by the United States for
combating counterterrorism and counternarcotics
for such purposes.
(3) Exceptions.--The limitations of paragraph (2) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
and made available for assistance for Colombia may be used to
transport personnel and supplies involved in drug eradication
and interdiction, including security for such activities, and
to provide transport in support of alternative development
programs and investigations by civilian judicial authorities.
(c) Haiti.--
(1) Certification.--The certification requirement contained
in section 7045(c)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020
(division G of Public Law 116-94) shall continue in effect
during fiscal year 2021 and shall apply to funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for
assistance for Haiti.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
(3) Limitation.--None of the funds made available by this
Act may be used to provide assistance to the armed forces of
Haiti.
(d) The Caribbean.--Of the funds appropriated by this Act under
titles III and IV, not less than $74,800,000 shall be made available
for the Caribbean Basin Security Initiative.
(e) Venezuela.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $30,000,000 shall be
made available for democracy programs for Venezuela.
(2) Funds appropriated under title III of this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be made
available for assistance for communities in countries
supporting or otherwise impacted by refugees from Venezuela,
including Colombia, Peru, Ecuador, Curacao, and Trinidad and
Tobago: Provided, That such amounts are in addition to funds
otherwise made available for assistance for such countries,
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
europe and eurasia
Sec. 7046. (a) Georgia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $132,025,000 shall be
made available for assistance for Georgia.
(2) Withholding of funds.--Of the funds appropriated by
this Act under the heading ``Assistance to Europe, Eurasia and
Central Asia'' and made available for assistance for the
central Government of Georgia, 15 percent may not be obligated
until the Secretary of State determines and reports to the
Committees on Appropriations that such government is taking
effective steps to--
(A) strengthen democratic institutions as described
under this section in the report accompanying this Act;
(B) combat corruption within the government,
including in the application of anti-corruption laws
and regulations; and
(C) ensure the rule of law in the private sector is
consistent with internationally recognized standards,
including protecting the rights of foreign businesses
to operate free from harassment and to fully realize
all due commercial and financial benefits resulting
from investments made in Georgia.
(3) Exemptions.--The withholding in paragraph (2) of this
subsection shall not apply to programs that support democracy,
the rule of law, civil society and the media, or programs to
reduce gender-based violence and to protect vulnerable
populations.
(4) Waiver.--The Secretary may waive the application of
paragraph (2) if the Secretary determines and reports to the
Committees on Appropriations that to do so is important to the
national interest of the United States, including a description
of the national interest served.
(b) Ukraine.--Of the funds appropriated by this Act under titles
III and IV, not less than $453,000,000 shall be made available for
assistance for Ukraine.
(c) Territorial Integrity.--None of the funds appropriated by this
Act may be made available for assistance for a government of an
Independent State of the former Soviet Union if such government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That except as otherwise provided in section 7047(a) of this Act, funds
may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States: Provided further, That prior to
executing the authority contained in the previous proviso, the
Secretary of State shall consult with the Committees on Appropriations
on how such assistance supports the national security interest of the
United States.
(d) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD Act
of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(e) Turkey.--
(1) None of the funds made available by this Act may be
used to facilitate or support the sale of defense articles or
defense services to the Turkish Presidential Protection
Directorate (TPPD) under Chapter 2 of the Arms Export Control
Act (22 U.S.C. 2761 et seq.) unless the Secretary of State
determines and reports to the appropriate congressional
committees that members of the TPPD who are named in the July
17, 2017, indictment by the Superior Court of the District of
Columbia, and against whom there are pending charges, have
returned to the United States to stand trial in connection with
the offenses contained in such indictment or have otherwise
been brought to justice: Provided, That the limitation in this
paragraph shall not apply to the use of funds made available by
this Act for border security purposes, for North Atlantic
Treaty Organization or coalition operations, or to enhance the
protection of United States officials and facilities in Turkey.
(2) None of the funds appropriated or otherwise made
available by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs, may be made available to transfer or deliver, or to
facilitate the transfer or delivery of, F-35 aircraft to
Turkey, including any defense articles or services related to
such aircraft, until the Secretary of State certifies to the
appropriate congressional committees that the Government of
Turkey no longer possesses the Russian S-400 missile defense
system or any other equipment, materials, or personnel
associated with such system and has provided credible
assurances that the Government of Turkey will not in the future
accept delivery of such system.
countering russian influence and aggression
Sec. 7047. (a) Limitation.--Notwithstanding section 7068(a) of this
Act, none of the funds appropriated by this Act may be made available
for assistance for the central Government of the Russian Federation.
(b) Annexation of Crimea.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State determines
and reports to the Committees on Appropriations has taken
affirmative steps intended to support or be supportive of the
Russian Federation annexation of Crimea or other territory in
Ukraine: Provided, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction on
assistance required by this paragraph if the Secretary
determines and reports to such Committees that to do so is in
the national interest of the United States, and includes a
justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea or other
territory in Ukraine under the control of Russian-
backed separatists, if such activity includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities; or
(C) assistance for Crimea or other territory in
Ukraine under the control of Russian-backed
separatists, if such assistance includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution (including any loan, credit, or
guarantee) for any program that violates the sovereignty or
territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of
State determines and reports to the Committees on
Appropriations that the Government of Ukraine has reestablished
sovereignty over Crimea and other territory in Ukraine under
the control of Russian-backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State determines
and reports to the Committees on Appropriations has recognized
the independence of, or has established diplomatic relations
with, the Russian Federation occupied Georgian territories of
Abkhazia and Tskhinvali Region/South Ossetia: Provided, That
the Secretary shall publish on the Department of State website
a list of any such central governments in a timely manner:
Provided further, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction on
assistance required by this paragraph if the Secretary
determines and reports to the Committees on Appropriations that
to do so is in the national interest of the United States, and
includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available to support the Russian Federation
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution (including any loan, credit, or
guarantee) for any program that violates the sovereignty and
territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Assistance.--Of the funds appropriated by this Act
under the headings ``Assistance for Europe, Eurasia and Central
Asia'', ``International Narcotics Control and Law
Enforcement'', ``International Military Education and
Training'', and ``Foreign Military Financing Program'', not
less than $290,000,000 shall be made available to carry out the
purposes of the Countering Russian Influence Fund, as
authorized by section 254 of the Countering Russian Influence
in Europe and Eurasia Act of 2017 (Public Law 115-44; 22 U.S.C.
9543) and notwithstanding the country limitation in subsection
(b) of such section, and programs to enhance the capacity of
law enforcement and security forces in countries in Europe,
Eurasia, and Central Asia and strengthen security cooperation
between such countries and the United States and the North
Atlantic Treaty Organization, as appropriate.
(2) Economics and trade.--Funds appropriated by this Act
and made available for assistance for the Eastern Partnership
countries shall be made available to advance the implementation
of Association Agreements and trade agreements with the
European Union, and to reduce their vulnerability to external
economic and political pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the Russian Federation
and other countries in Europe, Eurasia, and Central Asia, including to
promote Internet freedom: Provided, That of the funds appropriated
under the heading ``Assistance for Europe, Eurasia and Central Asia'',
not less than $20,000,000 shall be made available to strengthen
democracy and civil society in Central Europe, including for
transparency, independent media, rule of law, minority rights, and
programs to combat anti-Semitism.
united nations
Sec. 7048. (a) Transparency and Accountability.--Not later than 180
days after enactment of this Act, the Secretary of State shall report
to the Committees on Appropriations whether each organization,
department, or agency receiving a contribution from funds appropriated
by this Act under the headings ``Contributions to International
Organizations'' and ``International Organizations and Programs'' is--
(1) posting on a publicly available website, consistent
with privacy regulations and due process, regular financial and
programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
(2) effectively implementing and enforcing policies and
procedures which meet or exceed best practices in the United
States for the protection of whistleblowers from retaliation,
including--
(A) protection against retaliation for internal and
lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to binding independent adjudicative
bodies, including shared cost and selection of external
arbitration; and
(E) results that eliminate the effects of proven
retaliation, including provision for the restoration of
prior employment; and
(3) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses
for any United States delegation to any specialized agency,
body, or commission of the United Nations if such agency, body,
or commission is chaired or presided over by a country, the
government of which the Secretary of State has determined, for
purposes of section 1754(c) of the Export Reform Control Act of
2018 (50 U.S.C. 4813(c)), supports international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as
a contribution to any organization, agency, commission, or
program within the United Nations system if such organization,
agency, commission, or program is chaired or presided over by a
country the government of which the Secretary of State has
determined, for purposes of section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, section 1754(c) of the Export Reform Control Act of 2018
(50 U.S.C. 4813(c)), or any other provision of law, is a
government that has repeatedly provided support for acts of
international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines and
reports to the Committees on Appropriations that to do so is
important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--Funds appropriated by
this Act shall be made available in support of the United Nations Human
Rights Council unless the Secretary of State determines and reports to
the Committees on Appropriations that participation in the Council does
not serve the national interest of the United States and that such
Council is neither taking significant steps to remove Israel as a
permanent agenda item nor taking actions to ensure integrity in the
election of members to such Council: Provided, That such report shall
include a description of how the national interest is better served by
the United States not being a member of the Council: Provided further,
That the Secretary of State shall report to the Committees on
Appropriations not later than September 30, 2021, on the resolutions
considered in the United Nations Human Rights Council during the
previous 12 months, and on steps taken to remove Israel as a permanent
agenda item and ensure integrity in the election of members to such
Council.
(d) United Nations Relief and Works Agency.--Funds appropriated by
this Act under title III shall be made available to the United Nations
Relief and Works Agency (UNRWA), unless the Secretary of State
determines and reports to the Committees on Appropriations, in writing,
that UNRWA--
(1) is inappropriately utilizing Operations Support
Officers in the West Bank, Gaza, and other fields of operation
to inspect UNRWA installations;
(2) is not acting promptly to address any staff or
beneficiary violation of its own policies (including the
policies on neutrality and impartiality of employees) and the
legal requirements under section 301(c) of the Foreign
Assistance Act of 1961;
(3) is not implementing procedures to maintain the
neutrality of its facilities, including implementing a no-
weapons policy, and conducting regular inspections of its
installations, to ensure they are only used for humanitarian or
other appropriate purposes;
(4) is not taking necessary and appropriate measures to
ensure it is operating in compliance with the conditions of
section 301(c) of the Foreign Assistance Act of 1961 and
continuing regular reporting to the Department of State on
actions it has taken to ensure conformance with such
conditions;
(5) is not taking steps to ensure the content of all
educational materials currently taught in UNRWA-administered
schools and summer camps is consistent with the values of human
rights, dignity, and tolerance and does not induce incitement;
(6) is engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is not taking steps to improve the financial transparency
of the organization; and
(7) is not in compliance with the United Nations Board of
Auditors' biennial audit requirements and is not implementing
in a timely fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) Report.--Not later than 45 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation
or expenditure in fiscal year 2021 for contributions to any
organization, department, agency, or program within the United Nations
system or any international program that are withheld from obligation
or expenditure due to any provision of law: Provided, That the
Secretary shall update such report each time additional funds are
withheld by operation of any provision of law: Provided further, That
the reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(g) Sexual Exploitation and Abuse in Peacekeeping Operations.--The
Secretary of State should withhold assistance to any unit of the
security forces of a foreign country if the Secretary has credible
information that such unit has engaged in sexual exploitation or abuse,
including while serving in a United Nations peacekeeping operation,
until the Secretary determines that the government of such country is
taking effective steps to hold the responsible members of such unit
accountable and to prevent future incidents: Provided, That the
Secretary shall promptly notify the government of each country subject
to any withholding of assistance pursuant to this paragraph, and shall
notify the appropriate congressional committees of such withholding not
later than 10 days after a determination to withhold such assistance is
made: Provided further, That the Secretary shall, to the maximum extent
practicable, assist such government in bringing the responsible members
of such unit to justice.
(h) Additional Availability.--Subject to the regular notification
procedures of the Committees on Appropriations, funds appropriated by
this Act which are returned or not made available due to the third
proviso under the heading ``Contributions for International
Peacekeeping Activities'' in title I of this Act or section 307(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)), shall remain
available for obligation until September 30, 2022: Provided, That the
requirement to withhold funds for programs in Burma under section
307(a) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
war crimes tribunals
Sec. 7049. (a) If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
(b) None of the funds appropriated by this Act may be made
available for a United States contribution to the International
Criminal Court: Provided, That funds may be made available for
technical assistance, training, assistance for victims, protection of
witnesses, and law enforcement support related to international
investigations, apprehensions, prosecutions, and adjudications of
genocide, crimes against humanity, and war crimes: Provided further,
That the previous proviso shall not apply to investigations,
apprehensions, or prosecutions of American service members and other
United States citizens or nationals, or nationals of the North Atlantic
Treaty Organization (NATO) or major non-NATO allies initially
designated pursuant to section 517(b) of the Foreign Assistance Act of
1961.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for obligation
during fiscal year 2021 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$68,000,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized for
countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interest of the United
States: Provided further, That funds made available pursuant to this
section shall be matched, to the maximum extent practicable, by sources
other than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``Democracy
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
that are made available pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs
funded by this Act under such headings, and shall be
incorporated into country assistance and democracy
promotion strategies, as appropriate;
(B) for programs and activities described under
this section in the report accompanying this Act; and
(C) made available only after the Assistant
Secretary for Democracy, Human Rights, and Labor,
Department of State, concurs that such funds are
allocated consistent with--
(i) programs and activities described in
the report accompanying this Act pursuant to
subparagraph (B);
(ii) best practices regarding security for,
and oversight of, Internet freedom programs;
and
(iii) sufficient resources and support for
the development and maintenance of anti-
censorship technology and tools.
(2) United states agency for global media.--Funds
appropriated by this Act under the heading ``International
Broadcasting Operations'' that are made available pursuant to
subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute United States Agency
for Global Media (USAGM) digital content, facilitate
audience access to such content on websites that are
censored, coordinate the distribution of USAGM digital
content to targeted regional audiences, and to promote
and distribute such tools and techniques, including
digital security techniques;
(B) coordinated with programs funded by this Act
under the heading ``International Broadcasting
Operations'', and shall be incorporated into country
broadcasting strategies, as appropriate;
(C) coordinated by the Chief Executive Officer
(CEO) of USAGM to provide Internet circumvention tools
and techniques for audiences in countries that are
strategic priorities for the USAGM and in a manner
consistent with the USAGM Internet freedom strategy;
and
(D) made available for the research and development
of new tools or techniques authorized in subparagraph
(A) only after the USAGM CEO, in consultation with the
Secretary of State and other relevant United States
Government departments and agencies, evaluates the
risks and benefits of such new tools or techniques, and
establishes safeguards to minimize the use of such new
tools or techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among the
relevant agency heads to coordinate and de-conflict planned activities,
but not later than 90 days after enactment of this Act, the Secretary
of State and the USAGM CEO shall submit to the Committees on
Appropriations spend plans for funds made available by this Act for
programs to promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies to ensure
that such programs are not used for illicit purposes: Provided, That
the Department of State spend plan shall include funding for all such
programs for all relevant Department of State and the United States
Agency for International Development offices and bureaus.
(d) Security Audits.--Funds made available pursuant to this section
to promote Internet freedom globally may only be made available to
support technologies that undergo comprehensive security audits
conducted by the Bureau of Democracy, Human Rights, and Labor,
Department of State to ensure that such technology is secure and has
not been compromised in a manner detrimental to the interest of the
United States or to individuals and organizations benefiting from
programs supported by such funds: Provided, That the security auditing
procedures used by such Bureau shall be reviewed and updated
periodically to reflect current industry security standards.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Limitation.--None of the funds made available by
this Act may be used to support or justify the use of torture and other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV of this
Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961 and following consultation with the Committees
on Appropriations, for assistance to eliminate torture and other cruel,
inhuman, or degrading treatment or punishment by foreign police,
military or other security forces in countries receiving assistance
from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
Counterdrug Programs'' may be used for any other program and in any
region.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That notwithstanding section 7063(b) of this
Act, such aircraft may be used to transport, on a reimbursable
or non-reimbursable basis, Federal and non-Federal personnel
supporting Department of State and USAID programs and
activities: Provided further, That official travel for other
agencies for other purposes may be supported on a reimbursable
basis, or without reimbursement when traveling on a space
available basis: Provided further, That funds received by the
Department of State in connection with the use of aircraft
owned, leased, or chartered by the Department of State may be
credited to the Working Capital Fund of the Department and
shall be available for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117) shall apply
to this Act: Provided, That the date ``September 30, 2009'' in
subsection (f)(2)(B) of such section shall be deemed to be ``September
30, 2020''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of sections
7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F
of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private or multilateral creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``International Narcotics
Control and Law Enforcement'', ``Migration and Refugee Assistance'',
``United States Emergency Refugee and Migration Assistance Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related Assistance'')
for the central government of a country which has notified the
Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the maximum
penalty is life imprisonment without the possibility of parole or for
killing a law enforcement officer, as specified in a United States
extradition request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in violation
of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important to the
national interest of the United States.
impact on jobs in the united states
Sec. 7056. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act (19 U.S.C.
2467(4)(D) and (E)) should be commensurate with the level of
development of the recipient country and sector, and shall not
preclude assistance for the informal sector in such country,
micro and small-scale enterprise, and smallholder agriculture;
or
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States.
disability programs
Sec. 7057. (a) Assistance.--Funds appropriated by this Act under
the heading ``Development Assistance'' shall be made available for
programs and activities administered by the United States Agency for
International Development to address the needs and protect and promote
the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
political and electoral participation, and integration of individuals
with disabilities, including for the cost of translation.
(b) Management, Oversight, and Technical Support.--Of the funds
made available pursuant to this section, 5 percent may be used by USAID
for management, oversight, and technical support.
enterprise funds
Sec. 7058. (a) Notification.--None of the funds made available
under titles III through VI of this Act may be made available for
Enterprise Funds unless the appropriate congressional committees are
notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
gender equality
Sec. 7059. (a) Women's Empowerment.--
(1) Gender equality.--Funds appropriated by this Act shall
be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the
status, increasing the participation, and protecting the rights
of women and girls worldwide.
(2) Women's economic empowerment.--Funds appropriated by
this Act are available to implement the Women's
Entrepreneurship and Economic Empowerment Act of 2018 (Public
Law 115-428): Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the Committees
on Appropriations on the implementation of such Act.
(3) Women's global development and prosperity fund.--Of the
funds appropriated under title III of this Act, up to
$100,000,000 may be made available for the Women's Global
Development and Prosperity Fund.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available for
programs specifically designed to increase leadership opportunities for
women in countries where women and girls suffer discrimination due to
law, policy, or practice, by strengthening protections for women's
political status, expanding women's participation in political parties
and elections, and increasing women's opportunities for leadership
positions in the public and private sectors at the local, provincial,
and national levels.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $165,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(d) Women, Peace, and Security.--Of the funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'' not less than
$130,000,000 shall be made available to support a multi-year strategy
to expand, and improve coordination of, United States Government
efforts to empower women as equal partners in conflict prevention,
peace building, transitional processes, and reconstruction efforts in
countries affected by conflict or in political transition, and to
ensure the equitable provision of relief and recovery assistance to
women and girls.
(e) Women and Girls at Risk From Extremism and Conflict.--Of the
funds appropriated by this Act under the heading ``Economic Support
Fund'', not less than $15,000,000 shall be made available to support
women and girls who are at risk from extremism and conflict, and for
the activities described in section 7059(e)(1) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2018 (division K of Public Law 115-141): Provided, That such funds are
in addition to amounts otherwise made available by this Act for such
purposes, and shall be made available following consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic Education.--
(A) Of the funds appropriated under title III of this Act,
not less than $975,000,000 shall be made available for
assistance for basic education, and such funds may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries: Provided, That such
funds shall also be used for secondary education activities:
Provided further, That of the funds made available by this
paragraph not less than $150,000,000 shall be available for the
education of girls in areas of conflict: Provided further, That
the Administrator of the United States Agency for International
Development, following consultation with the Committees on
Appropriations, may reprogram such funds between countries:
Provided further, That funds made available under the headings
``Development Assistance'' and ``Economic Support Fund'' for
the support of non-state schools in this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(B) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$125,000,000 shall be made available for contributions to
multilateral partnerships that support education.
(C) Funds appropriated under title III of this Act and made
available for assistance for basic education as provided for in
this paragraph shall be referred to as the ``Nita M. Lowey
Basic Education Fund''.
(2) Higher Education.--Of the funds appropriated by title III of
this Act, not less than $235,000,000 shall be made available for
assistance for higher education: Provided, That such funds may be made
available notwithstanding any other provision of law that restricts
assistance to foreign countries, and shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of such amount, not less than $35,000,000 shall be made
available for new and ongoing partnerships between higher education
institutions in the United States and developing countries focused on
building the capacity of higher education institutions and systems in
developing countries: Provided further, That not later than 45 days
after enactment of this Act, the USAID Administrator shall consult with
the Committees on Appropriations on the proposed uses of funds for such
partnerships.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $17,000,000
shall be made available for cooperative development programs of USAID
and not less than $30,000,000 shall be made available for the American
Schools and Hospitals Abroad program.
(c) Environment Programs.--
(1)(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this subsection, to support environment programs.
(B) Funds made available pursuant to this subsection shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(C) Of the funds made available under the heading
``Economic Support Fund'' in this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, not less than $500,000,000 shall be made
available for a contribution, grant, or any other available
funding mechanism to a dedicated international fund to assist
developing nations to reduce greenhouse gas emissions and
pursue adaptation and mitigation strategies: Provided, That any
such use of funds shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(2)(A) Of the funds appropriated under title III of this
Act, not less than $315,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $100,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available to
combat the transnational threat of wildlife poaching and
trafficking.
(C) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance for
any military unit or personnel that the Secretary of State
determines has been credibly alleged to have participated in
wildlife poaching or trafficking, unless the Secretary reports
to the appropriate congressional committees that to do so is in
the national security interest of the United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institutions (IFI) to
use the voice and vote of the United States to oppose any
financing of any such activity.
(3) The Secretary of the Treasury shall instruct the United
States executive director of each IFI that it is the policy of
the United States to use the voice and vote of the United
States, in relation to any loan, grant, strategy, or policy of
such institution, regarding the construction of any large dam
in a manner consistent with the criteria set forth in Senate
Report 114-79, while also considering whether the project
involves important foreign policy objectives.
(4) Of the funds appropriated under title III of this Act,
not less than $135,000,000 shall be made available for
sustainable landscapes programs.
(5) Of the funds appropriated under title III of this Act,
not less than $177,000,000 shall be made available for
adaptation programs.
(6) Of the funds appropriated under title III of this Act,
not less than $179,000,000 shall be made available for
renewable energy programs.
(d) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than $1,005,600,000
shall be made available for food security and agricultural development
programs to carry out the purposes of the Global Food Security Act of
2016 (Public Law 114-195): Provided, That funds may be made available
for a contribution as authorized by section 3202 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as amended
by section 3310 of the Agriculture Improvement Act of 2018 (Public Law
115-334).
(e) Micro, Small, and Medium-Sized Enterprises.--Of the funds
appropriated by this Act, not less than $265,000,000 shall be made
available to support the development of, and access to financing for,
micro, small, and medium-sized enterprises that benefit the poor,
especially women.
(f) Programs To Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'',
not less than $67,000,000 shall be made available for activities to
combat trafficking in persons internationally, of which not less than
$45,000,000 shall be from funds made available under the heading
``International Narcotics Control and Law Enforcement'': Provided, That
funds appropriated by this Act that are made available for programs to
end modern slavery shall be in addition to funds made available by this
subsection to combat trafficking in persons.
(g) Reconciliation Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $30,000,000
shall be made available to support people-to-people reconciliation
programs which bring together individuals of different ethnic,
religious, and political backgrounds from areas of civil strife and
war, including cross-border programs between Israelis and Palestinians:
Provided, That the USAID Administrator shall consult with the
Committees on Appropriations, prior to the initial obligation of funds,
on the uses of such funds, and such funds shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That to the maximum extent practicable, such funds
shall be matched by sources other than the United States Government:
Provided further, That such funds shall be administered by the Office
of Conflict Management and Mitigation, USAID.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $450,000,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
Act of 1961, of which not less than $225,000,000 shall be for programs
in sub-Saharan Africa, and of which not less than $15,000,000 shall be
made available to support initiatives by local communities in
developing countries to build and maintain safe latrines.
budget documents
Sec. 7061. (a) Operating Plans.--Not later than 45 days after
enactment of this Act, each department, agency, or organization funded
in titles I, II, and VI of this Act, and the Department of the Treasury
and Independent Agencies funded in title III of this Act, including the
Inter-American Foundation and the United States African Development
Foundation, shall submit to the Committees on Appropriations an
operating plan for funds appropriated to such department, agency, or
organization in such titles of this Act, or funds otherwise available
for obligation in fiscal year 2021, that provides details of the uses
of such funds at the program, project, and activity level: Provided,
That such plans shall include, as applicable, a comparison between the
congressional budget justification funding levels, the most recent
congressional directives or approved funding levels, and the funding
levels proposed by the department or agency; and a clear, concise, and
informative description/justification: Provided further, That operating
plans that include changes in levels of funding for programs, projects,
and activities specified in the congressional budget justification, in
this Act, or amounts specifically designated in the respective tables
included in the report accompanying this Act, as applicable, shall be
subject to the notification and reprogramming requirements of section
7015 of this Act.
(b) Spend Plans.--
(1) Not later than 90 days after enactment of this Act, the
Secretary of State or Administrator of the United States Agency
for International Development, as appropriate, shall submit to
the Committees on Appropriations a spend plan for funds made
available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon,
Pakistan, Colombia, and countries in Central America;
(B) assistance made available pursuant to section
7047(d) of this Act to counter Russian influence and
aggression, except that such plan shall be on a
country-by-country basis;
(C) assistance made available pursuant to section
7059 of this Act;
(D) the Indo-Pacific Strategy and the Countering
Chinese Influence Fund;
(E) democracy programs, Power Africa, Prosper
Africa, and sectors enumerated in subsections (a), (c),
(d), (e), (f), (g) and (h) of section 7060 of this Act;
(F) funds provided under the heading
``International Narcotics Control and Law Enforcement''
for International Organized Crime and for Cybercrime
and Intellectual Property Rights: Provided, That the
spend plans shall include bilateral and global programs
funded under such heading along with a brief
description of the activities planned for each country;
and
(G) the regional security initiatives described
under this heading in Senate Report 116-126.
(2) Not later than 90 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--
(1) Submission.--The congressional budget justification for
Department of State operations and foreign operations shall be
provided to the Committees on Appropriations concurrent with
the date of submission of the President's budget for fiscal
year 2022: Provided, That the appendices for such justification
shall be provided to the Committees on Appropriations not later
than 10 calendar days thereafter.
(2) Multi-year availability of certain funds.--The
Secretary of State and the USAID Administrator shall include in
the congressional budget justification a detailed justification
for multi-year availability for any funds requested under the
headings ``Diplomatic Programs'' and ``Operating Expenses''.
reorganization
Sec. 7062. (a) Oversight.--
(1) Prior consultation and notification.--Funds
appropriated by this Act, prior Acts making appropriations for
the Department of State, foreign operations, and related
programs, or any other Act may not be used to implement a
reorganization, redesign, or other plan described in paragraph
(2) by the Department of State, the United States Agency for
International Development, or any other Federal department,
agency, or organization funded by this Act without prior
consultation by the head of such department, agency, or
organization with the appropriate congressional committees:
Provided, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That any such notification submitted to such
Committees shall include a detailed justification for any
proposed action, including the information specified under
section 7073 of the joint explanatory statement accompanying
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2019 (division F of Public Law
116-6): Provided further, That congressional notifications
submitted in prior fiscal years pursuant to similar provisions
of law in prior Acts making appropriations for the Department
of State, foreign operations, and related programs may be
deemed to meet the notification requirements of this section.
(2) Description of activities.--Pursuant to paragraph (1),
a reorganization, redesign, or other plan shall include any
action to--
(A) expand, eliminate, consolidate, or downsize
covered departments, agencies, or organizations,
including bureaus and offices within or between such
departments, agencies, or organizations, including the
transfer to other agencies of the authorities and
responsibilities of such bureaus and offices;
(B) expand, eliminate, consolidate, or downsize the
United States official presence overseas, including at
bilateral, regional, and multilateral diplomatic
facilities and other platforms; or
(C) reduce the size of the permanent Civil Service,
Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and
USAID from the levels specified in sections 7063(d)(1)
and 7064(i)(1) of this Act.
(b) Additional Requirements and Limitations.--
(1) USAID reorganization.--Not later than 30 days after
enactment of this Act, and quarterly thereafter until September
30, 2022, the USAID Administrator shall submit a report to the
appropriate congressional committees on the status of USAID's
reorganization in the manner described in House Report 116-78.
(2) Bureau of population, refugees, and migration,
department of state.--None of the funds appropriated by this
Act, prior Acts making appropriations for the Department of
State, foreign operations, and related programs, or any other
Act may be used to downsize, downgrade, consolidate, close,
move, or relocate the Bureau of Population, Refugees, and
Migration, Department of State, or any activities of such
Bureau, to another Federal agency.
(3) Administration of funds.--Funds made available by this
Act--
(A) under the heading ``Migration and Refugee
Assistance'' shall be administered by the Assistant
Secretary for Population, Refugees, and Migration,
Department of State, and this responsibility shall not
be delegated; and
(B) that are made available for the Office of
Global Women's Issues shall be administered by the
United States Ambassador-at-Large for Global Women's
Issues, Department of State, and this responsibility
shall not be delegated.
department of state management
Sec. 7063. (a) Financial Systems Improvement.--Funds appropriated
by this Act for the operations of the Department of State under the
headings ``Diplomatic Programs'' and ``Capital Investment Fund'' shall
be made available to implement the recommendations contained in the
Foreign Assistance Data Review Findings Report (FADR) and the Office of
Inspector General (OIG) report entitled ``Department Financial Systems
Are Insufficient to Track and Report on Foreign Assistance Funds'':
Provided, That such funds may not be obligated for enhancements to, or
expansions of, the Budget System Modernization Financial System,
Central Resource Management System, Joint Financial Management System,
or Foreign Assistance Coordination and Tracking System until such
updated plan is submitted to the Committees on Appropriations: Provided
further, That such funds may not be obligated for new, or expansion of
existing, ad hoc electronic systems to track commitments, obligations,
or expenditures of funds unless the Secretary of State, following
consultation with the Chief Information Officer of the Department of
State, has reviewed and certified that such new system or expansion is
consistent with the FADR and OIG recommendations: Provided further,
That not later than 45 days after enactment of this Act, the Secretary
of State shall submit to the Committees on Appropriations an update to
the plan required under section 7006 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31) for implementing the FADR and OIG
recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the
Working Capital Fund may only be used for the service centers included
in the Congressional Budget Justification, Department of State, Foreign
Operations, and Related Programs, Fiscal Year 2021: Provided, That the
amounts for such service centers shall be the amounts included in such
budget justification, except as provided in section 7015(b) of this
Act: Provided further, That Federal agency components shall be charged
only for their direct usage of each Working Capital Fund service:
Provided further, That prior to increasing the percentage charged to
Department of State bureaus and offices for procurement-related
activities, the Secretary of State shall include the proposed increase
in the Department of State budget justification or, at least 60 days
prior to the increase, provide the Committees on Appropriations a
justification for such increase, including a detailed assessment of the
cost and benefit of the services provided by the procurement fee:
Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the purpose and
authorities of such components: Provided further, That the Working
Capital Fund shall be paid in advance or reimbursed at rates which will
return the full cost of each service.
(c) Certification.--
(1) Compliance.--Not later than 45 days after the initial
obligation of funds appropriated under titles III and IV of
this Act that are made available to a Department of State
bureau or office with responsibility for the management and
oversight of such funds, the Secretary of State shall certify
and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office
is in compliance with Department and Federal financial and
grants management policies, procedures, and regulations, as
applicable.
(2) Considerations.--When making a certification required
by paragraph (1), the Secretary of State shall consider the
capacity of a bureau or office to--
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) Plan.--If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken to
bring such bureau or office into compliance.
(d) Personnel Levels.--
(1) Funds made available by this Act are made available to
support the permanent Foreign Service and Civil Service staff
levels of the Department of State at not less than the hiring
targets established in the fiscal year 2020 operating plan.
(2) Not later than 60 days after enactment of this Act, and
every 60 days thereafter until September 30, 2022, the
Secretary of State shall report to the appropriate
congressional committees on the on-board personnel levels,
hiring, and attrition of the Civil Service, Foreign Service,
eligible family member, and locally employed staff workforce of
the Department of State, on an operating unit-by-operating unit
basis: Provided, That such report shall also include a hiring
plan, including timelines, for maintaining the agency-wide, on-
board Foreign Service and Civil Service at not less than the
levels specified in paragraph (1).
(e) Information Technology Platform.--
(1) None of the funds appropriated in title I of this Act
under the heading ``Administration of Foreign Affairs'' may be
made available for a new major information technology (IT)
investment without the concurrence of the Chief Information
Officer, Department of State.
(2) None of the funds appropriated in title I of this Act
under the heading ``Administration of Foreign Affairs'' may be
used by an agency to submit a project proposal to the
Technology Modernization Board for funding from the Technology
Modernization Fund unless, not later than 15 days in advance of
submitting the project proposal to the Board, the head of the
agency--
(A) notifies the Committees on Appropriations of
the proposed submission of the project proposal; and
(B) submits to the Committees on Appropriations a
copy of the project proposal.
(3) None of the funds appropriated in title I of this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ``Administration of Foreign Affairs'' may be used by an
agency to carry out a project that is approved by the Board
unless the head of the agency--
(A) submits to the Committees on Appropriations a
copy of the approved project proposal, including the
terms of reimbursement of funding received for the
project; and
(B) agrees to submit to the Committees on
Appropriations a copy of each report relating to the
project that the head of the agency submits to the
Board.
united states agency for international development management
Sec. 7064. (a) Authority.--Up to $100,000,000 of the funds made
available in title III of this Act pursuant to or to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'', may be used by the United States Agency for
International Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of 1980
(22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2022.
(c) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out this
section may be transferred to, and merged with, funds appropriated by
this Act in title II under the heading ``Operating Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a
period of up to 4 years notwithstanding the limitation set forth in
such section.
(e) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(f) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the Bureau
for Humanitarian Assistance.
(g) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
(i) Personnel Levels.--
(1) Funds made available by this Act under the heading
``Operating Expenses'' are made available to support not less
than 1,850 permanent Foreign Service Officers and 1,600
permanent Civil Service staff.
(2) Not later than 60 days after enactment of this Act, and
every 60 days thereafter until September 30, 2022, the USAID
Administrator shall report to the appropriate congressional
committees on the on-board personnel levels, hiring, and
attrition of the Civil Service, Foreign Service, and foreign
service national workforce of USAID, on an operating unit-by-
operating unit basis: Provided, That such report shall also
include a hiring plan, including timelines, for maintaining the
agency-wide, on-board Foreign Service Officers and Civil
Service staff at not less than the levels specified in
paragraph (1).
stabilization and development in regions impacted by extremism and
conflict
Sec. 7065. (a) Prevention and Stabilization Fund.--
(1) Funds and transfer authority.--Of the funds
appropriated by this Act under the headings ``Economic Support
Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', and ``Foreign
Military Financing Program'', up to $100,000,000 may be made
available for the Prevention and Stabilization Fund for the
purposes enumerated in section 509(a) of the Global Fragility
Act of 2019 (title V of division J of Public Law 116-94):
Provided, That unless specifically designated in this Act or in
the report accompanying this Act for assistance for countries,
such funds are in addition to amounts otherwise made available
for such purposes: Provided further, That such funds
appropriated under such headings may be transferred to, and
merged with, funds appropriated under such headings: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by this Act or any other Act,
and is subject to the regular notification procedures of the
Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that
are made available for the Prevention and Stabilization Fund,
not less than $10,000,000 may be made available for programs to
promote accountability for genocide, crimes against humanity,
and war crimes, including in Iraq and Syria, which shall be in
addition to any other funds made available by this Act for such
purposes: Provided, That such programs shall include components
to develop local investigative and judicial skills, and to
collect and preserve evidence and maintain the chain of custody
of evidence, including for use in prosecutions, and may include
the establishment of, and assistance for, transitional justice
mechanisms: Provided further, That such funds shall be
administered by the Special Coordinator for the Office of
Global Criminal Justice, Department of State: Provided further,
That funds made available by this paragraph shall be made
available on an open and competitive basis.
(b) Global Concessional Financing Facility.--Of the funds
appropriated by this Act under the heading ``Economic Support Fund'',
$25,000,000 may be made available for the Global Concessional Financing
Facility of the World Bank to provide financing to support refugees and
host communities: Provided, That such funds shall be in addition to
funds allocated for bilateral assistance in the report required by
section 653(a) of the Foreign Assistance Act of 1961, and may only be
made available subject to prior consultation with the Committees on
Appropriations.
prohibition on funding for abortions and involuntary sterilization
Sec. 7066. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
united nations population fund
Sec. 7067. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2021, $55,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
global health activities
Sec. 7068. (a)(1) In General.--Funds appropriated under the heading
``Global Health Programs'' in this Act that are made available for
bilateral assistance for global health programs including activities
relating to research on, and the prevention, treatment and control of,
HIV/AIDS may be made available notwithstanding any other provision of
law except for provisions under this section and the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117
Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided, That of the
funds appropriated under title III of this Act, not less than
$750,000,000 shall be made available for family planning/reproductive
health, including in areas where population growth threatens
biodiversity or endangered species: Provided further, That none of the
funds made available by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related programs
shall be made available to implement the Presidential Memorandum on
Mexico City Policy dated January 23, 2017: Provided further, That none
of the funds made available by this Act may be used in contravention of
the conditions of section 7066 of this Act and section 104(f)(1) of the
Foreign Assistance Act of 1961.
(2) Prohibition.--None of the funds made available in this Act nor
any unobligated balances from prior appropriations Acts may be made
available to any organization or program which, as determined by the
President, directly supports or participates in the management of a
program of coercive abortion or involuntary sterilization: Provided,
That any determination made pursuant to this paragraph must be made not
later than 6 months after the date of enactment of this Act, and must
be accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion.
(3) Limitations.--In order to reduce reliance on abortion in
developing nations, funds shall be available only to voluntary family
planning projects which offer, either directly or through referral to,
or information about access to, a broad range of family planning
methods and services, and that any such voluntary family planning
project shall meet the following requirements--
(A) service providers or referral agents in the project shall not
implement or be subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or acceptors of
a particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators
for budgeting and planning purposes);
(B) the project shall not include payment of incentives, bribes,
gratuities, or financial reward to:
(i) an individual in exchange for becoming a family
planning acceptor; or
(ii) program personnel for achieving a numerical target or
quota of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning;
(C) the project shall not deny any right or benefit, including the
right of access to participate in any program of general welfare or the
right of access to health care, as a consequence of any individual's
decision not to accept family planning services;
(D) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and
(E) the project shall ensure that experimental contraceptive drugs
and devices and medical procedures are provided only in the context of
a scientific study in which participants are advised of potential risks
and benefits; and
(F) not less than 60 days after the date on which the USAID
Administrator determines that there has been a violation of the
requirements contained in subparagraphs (A), (B), (C), or (E) of this
paragraph, or a pattern or practice of violations of the requirements
contained in subparagraph (D) of such paragraph, the Administrator
shall submit to the Committees on Appropriations a report containing a
description of such violation and the corrective action taken by the
Agency.
(4) Natural family planning.--In awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of 1961, no
applicant shall be discriminated against because of such applicant's
religious or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply with the
requirements of paragraph (3).
(5) Definition.--For purposes of this or any other Act authorizing
or appropriating funds for the Department of State, foreign operations,
and related programs, the term ``motivate'', as it relates to family
planning assistance, shall not be construed to prohibit the provision,
consistent with local law, of information or counseling about all
pregnancy options.
(6) Information.--Information provided about the use of condoms as
part of projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and shall include
the public health benefits and failure rates of such use.
(7) HIV/AIDS working capital fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for other global health, emerging
infectious disease, and child survival activities to the same extent as
HIV/AIDS pharmaceuticals and other products, subject to the terms and
conditions in such section: Provided, That the authority in section
525(b)(5) of the Foreign Operations, Export Financing, and Related
Programs Appropriation Act, 2005 (Public Law 108-447) shall be
exercised by the Assistant Administrator for Global Health, USAID, with
respect to funds deposited for such non-HIV/AIDS pharmaceuticals and
other products, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the Secretary of State shall include in the congressional budget
justification an accounting of budgetary resources, disbursements,
balances, and reimbursements related to such fund.
(b) Infectious Disease Outbreaks.--
(1) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that
an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency of
International Concern, funds appropriated by this Act under the
headings ``Global Health Programs'', ``Development
Assistance'', ``International Disaster Assistance'', ``Complex
Crises Fund'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Migration and Refugee Assistance'', and ``Millennium
Challenge Corporation'' may be made available to combat such
infectious disease or public health emergency, and may be
transferred to, and merged with, funds appropriated under such
headings for the purposes of this paragraph.
(2) Emergency reserve fund.--Up to $50,000,000 of the funds
made available under the heading ``Global Health Programs'' may
be made available for the Emergency Reserve Fund established
pursuant to section 7058(c)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31): Provided, That such
funds shall be made available under the same terms and
conditions of such section, as amended.
(3) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with the
appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
assistance for foreign nongovernmental organizations
Sec. 7069. The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) is amended by inserting after section 104C the following:
``SEC. 104D ELIGIBILITY FOR ASSISTANCE.
``Notwithstanding any other provision of law, regulation, or
policy, in determining eligibility for assistance under sections 104,
104A, 104B, and 104C, a foreign nongovernmental organization--
``(1) shall not be ineligible for such assistance solely on
the basis of health or medical services, including counseling
and referral services, provided by such organization with non-
United States Government funds if such services--
``(A) are permitted in the country in which they
are being provided; and
``(B) would not violate United States law if
provided in the United States; and
``(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance under
this part.''.
designation
Sec. 7070. Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available (or rescinded or transferred, if
applicable) only if the President subsequently so designates all such
amounts and transmits such designations to the Congress.
TITLE VIII
CORONAVIRUS PANDEMIC PREPAREDNESS AND RESPONSE EMERGENCY FUNDING
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'', $955,000,000,
to remain available until September 30, 2022, for necessary expenses to
prevent, prepare for, and respond to coronavirus, including for
evacuation expenses, emergency preparedness, maintaining consular
operations, and other operations and maintenance requirements related
to the consequences of coronavirus: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$4,400,000, to remain available until September 30, 2022, for oversight
of funds administered by the Department of State and made available to
prevent, prepare for, and respond to coronavirus by this title and by
prior acts: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $105,000,000,
to remain available until September 30, 2022, to prevent, prepare for,
and respond to coronavirus and for other operations and maintenance
requirements related to the consequences of coronavirus: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional ammount for ``Office of Inspector General'',
$3,000,000, to remain available until September 30, 2022, for oversight
of funds administered by the United States Agency for International
Development and made available to prevent, prepare for, and respond to
coronavirus by this title and by prior acts: Provided, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for ``Global Health Programs'',
$2,500,000,000, to remain available until September 30, 2022, for
necessary expenses to prevent, prepare for, and respond to coronavirus:
Provided, That such funds shall be administered by the Administrator of
the United States Agency for International Development: Provided
further, That of the funds appropriated under this heading in this
title, not less than $150,000,000 shall be transferred to, and merged
with, funds made available for the Emergency Reserve Fund established
pursuant to section 7058(c)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017 (division J
of Public Law 115-31): Provided further, That funds made available
pursuant to the preceding proviso shall be made available under the
terms and conditions of such section, as amended: Provided further,
That funds appropriated under this heading in this title shall be made
available for a contribution to a multilateral vaccine development
partnership to support epidemic preparedness: Provided further, That of
the funds appropriated under this heading in this title, not less than
$750,000,000 shall be made available for a United States contribution
to The GAVI Alliance and not less than $800,000,000 shall be made
available as a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (Global Fund): Provided further, That
funds made available to the Global Fund pursuant to the previous
proviso shall be made available notwithstanding section 202(d)(4)(A)(i)
of the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (22 U.S.C. 7622(d)(4)(A)(i)): Provided further,
That funds appropriated under this heading for fiscal years 2020 and
2021 which are designated as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 and made available as a United
States contribution to the Global Fund shall not be considered a
contribution for the purpose of applying such section 202(d)(4)(A)(i):
Provided further, That funds made available under this heading in this
title shall be allocated and allotted not later than 60 days after the
date of enactment of this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
development assistance
For an additional amount for ``Development Assistance'',
$900,000,000, to remain available until September 30, 2022, for
necessary expenses to prevent, prepare for, and respond to coronavirus,
including to address related economic, and stabilization requirements,
of which not less than $150,000,000 shall be made available to maintain
access to basic education and to not-for-profit institutions of higher
education for costs related to the consequences of coronavirus:
Provided, That such institutions of higher education shall meet
standards equivalent to those required for United States institutional
accreditation by a regional accreditation agency recognized by the
United States Department of Education: Provided further, That funds
made available under this heading in this title shall be allocated and
allotted within 60 days of the date of enactment of this Act: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$1,125,000,000, to remain available until expended, for necessary
expenses to prevent, prepare for, and respond to coronavirus: Provided,
That funds made available under this heading in this title shall be
allocated and allotted within 60 days of the date of enactment of this
Act: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,500,000,000, to remain available until September 30, 2022, for
necessary expenses to prevent, prepare for, and respond to coronavirus,
including to address related economic and stabilization requirements:
Provided, That funds made available under this heading in this title
shall be allocated and allotted within 60 days of the date of enactment
of this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $500,000,000, to remain available until September 30,
2022, for necessary expenses to prevent, prepare for, and respond to
coronavirus, including to address related economic and stabilization
requirements: Provided, funds made available under this heading in this
title shall be allocated and allotted within 60 days of the date of
enactment of this Act: Provided further, That such amount is designated
by Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$1,125,000,000, to remain available until expended, for necessary
expenses to prevent, prepare for, and respond to coronavirus: Provided,
That funds made available under this heading in this title shall be
allocated and allotted within 60 days of the date of enactment of this
Act: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Independent Agencies
inter-american foundation
For an additional amount for ``Inter-American Foundation'',
$10,000,000, to remain available until September 30, 2022, for
necessary expenses to prevent, prepare for, and respond to coronavirus,
including to address related economic and stabilization requirements:
Provided, that funds made avaiable under this heading in this title
shall be allocated and allotted within 60 days of the enactment of this
Act: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
united states african development foundation
For an additional amount for ``United States African Development
Foundation'', $10,000,000, to remain available until September 30,
2022, for necessary expenses to prevent, prepare for, and respond to
coronavirus, including to address related economic and stabilization
requirements: Provided, that funds made available under this heading in
this title shall be allocated and allotted within 60 days of the
enactment of this Act: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For an additional amount for ``International Organizations and
Programs'', $1,281,150,000, to remain available until September 30,
2022, for necessary expenses to prevent, prepare for, and respond to
coronavirus and to support the United Nations Global Humanitarian
Response Plan COVID-19: Provided, That funds made available under this
heading in this title shall be allocated and allotted within 60 days of
the date of enactment of this Act: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS -- THIS TITLE
(including transfer of funds)
transfers and limitations
Sec. 8001. The authorities and limitations of section 402 of the
Coronavirus Preparedness and Response Supplemental Appropriations Act
(division A of Public Law 116-123) shall apply to funds appropriated by
this title as follows:
(1) Subsections (a), (d), (e), and (f) shall apply to funds
under the heading ``Diplomatic Programs''; and
(2) Subsections (c), (d), (e), and (f) shall apply to funds
under the heading ``Global Health Programs'', ``Development
Assistance'', ``International Disaster Assistance'', ``Economic
Support Fund'', and ``Migration and Refugee Assistance''.
reimbursement authority
Sec. 8002. Funds appropriated by this title under the headings
``Diplomatic Programs'', ``Operating Expenses'', ``Global Health
Programs'', ``Development Assistance'', ``International Disaster
Assistance'', ``Economic Support Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', ``Migration and Refugee Assistance'',
``Inter-American Foundation'', and ``United States African Development
Foundation'' may be used to reimburse such accounts administered by the
Department of State and the United States Agency for International
Development for obligations incurred to prevent, prepare for, and
respond to coronavirus prior to the date of enactment of this Act.
reporting requirements
Sec. 8003. The reporting requirements of section 406(b) of the
Coronavirus Preparedness and Response Supplemental Appropriations Act,
2020 (division A of Public Law 116-123) shall apply to funds
appropriated by this title.
contribution authority
Sec. 8004. Section 404 of the Coronavirus Preparedness and
Response Supplemental Appropriations Act (division A of Public Law 116-
123) shall apply to funds appropriated by this title under the same
headings as specified by such section.
repatriation loans program account
Sec. 8005. Section 21005 of the Emergency Appropriations for
Coronavirus Health Response and Agency Operations (division B of Public
Law 116-136) is amended by inserting at the end before the period ``and
is further amended by striking `$5,563,619' in the second proviso under
the heading `Repatriation Loans Program Account' and inserting in lieu
thereof `$15,563,619'''.
consular services
Sec. 8006. Section 21009 of the Emergency Appropriations for
Coronavirus Health Response and Agency Operations (division B of Public
Law 116-136) is amended by striking ``fiscal year 2020'' and inserting
in lieu thereof ``fiscal years 2020 and 2021'': Provided, That the
amount provided by this section is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
definition
Sec. 8007. In this title, the term ``coronavirus'' means SARS-CoV-
2 or another coronavirus with pandemic potential.
designation
Sec. 8008. Each amount designated in this title by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall
be available (or rescinded or transferred, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
TITLE IX
MIDDLE EAST PARTNERSHIP FOR PEACE
SEC. 9001. SHORT TITLE.
This title may be cited as the ``Middle East Partnership for Peace
Act of 2020''.
SEC. 9002. FINDINGS.
Congress finds the following:
(1) Economic development in conflict settings has been
shown to support stabilization by empowering entrepreneurs,
growing the middle class, and mitigating unemployment.
(2) In 2018, unemployment in the Palestinian territories
was 32.4 percent. Gross Domestic Product (GDP) growth in the
Palestinian territories declined from 2017 to 2019, and it is
projected to further decline in 2020.
(3) According to the World Bank Ad Hoc Liaison Committee's
April 2019 Economic Monitoring Report, ``to achieve sustainable
economic growth, in the Palestinian territories, growth and job
creation going forward will need to be private sector driven''.
(4) According to the 2018 Joint Strategic Plan of the
Department of State and the United States Agency for
International Development, ``assistance can help prevent new
recruitment to terrorist organizations, reduce levels of
violence, promote legitimate governance structures that
strengthen inclusion, and reduce policies that marginalize
communities''.
(5) Although economic development is an important tool for
stabilizing conflict-prone settings and establishing
connections between communities, economic development by itself
will not lead to lasting peace. People-to-people peace-building
programs further advance reconciliation efforts by promoting
greater understanding, mutual trust, and cooperation between
communities.
(6) While the United States and its international partners
continue to support diplomatic and political negotiations
between the representatives of the parties to the Israeli-
Palestinian conflict, such efforts require broad popular
support among the people on the ground to succeed.
(7) Achieving sustainable, high-level agreements for
lasting peace in the Middle East must come through, and with
the support of, the people who live there, and the United
States and its international partners can help the people of
the region build popular support for sustainable agreements for
lasting peace.
SEC. 9003. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) building a viable Palestinian economy is central to the
effort to preserve the possibility of a negotiated settlement
leading to a sustainable two-state solution with the
democratic, Jewish state of Israel and a demilitarized,
democratic Palestinian state living side-by-side in peace,
security, and mutual recognition;
(2) United States and international support for grassroots,
people-to-people efforts aimed at fostering tolerance, and
building support for a such solution, can help counter
extremist propaganda and the growing issue of incitement;
(3) strengthening engagement between Palestinians,
Israelis, and through people-to-people peace-building programs
can increase the bonds of friendship and understanding;
(4) investing in the development of the Palestinian economy
and in joint economic ventures can advance multiple sectors to
the benefit of local, regional, and global parties; and
(5) Congress encourages cooperation between Palestinian,
American, and Israeli business sectors in order to benefit the
Palestinian, American, and Israeli peoples and economies.
SEC. 9004. PEOPLE-TO-PEOPLE PARTNERSHIP FOR PEACE FUND.
Chapter 4 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2346 et seq.) is amended by adding at the end the following:
``SEC. 535 PEOPLE-TO-PEOPLE PARTNERSHIP FOR PEACE FUND.
``(a) Establishment.--Beginning on the date that is one year after
the date of enactment of this section, the Administrator of the United
States Agency for International Development is authorized to establish
a program to provide funding for projects to help build the foundation
for peaceful co-existence between Israelis and Palestinians and for a
sustainable two-state solution. The program established under this
subsection shall be known as the `People-to-People Partnership for
Peace Fund' (referred to in this section as the `Fund').
``(b) Eligibility for Support.--In providing funding for projects
through the Fund, the Administrator may provide support for qualified
organizations, prioritizing those organizations that seek to build
better cooperation between Israelis and Palestinians, including
Palestinian organizations, Israeli organizations, and international
organizations that bring Israelis and Palestinians together.
``(c) Additional Eligibility for Support.--In providing funding for
projects through the Fund, The Administrator may additionally provide
support to qualified organizations that further shared community
building, peaceful co-existence, dialogue, and reconciliation between
Arab and Jewish citizens of Israel.
``(d) Contributions.--The Administrator--
``(1) is encouraged to work with foreign governments and
international organizations to leverage the impact of United
States resources and achieve the objectives of this section;
and
``(2) is authorized to make and accept contributions for
the purposes of the Fund, consistent with subsections (b) and
(d) of section 635.
``(e) Advisory Board.--
``(1) Establishment.--The Administrator shall establish an
advisory board to make recommendations to the Administrator
regarding the types of projects that should be funded through
the Fund.
``(2) Membership.--
``(A) In general.--Subject to subparagraph (B), the
advisory board shall be composed of 13 members, none of
whom may be Members of Congress, who shall be appointed
for renewable periods of 3 years, as follows:
``(i) One member appointed by the
Administrator, in consultation with the
Secretary of State.
``(ii) One member appointed by the chair,
and one member appointed by the ranking member,
of the Committee on Foreign Relations of the
Senate.
``(iii) One member appointed by the chair,
and one member appointed by the ranking member,
of the Committee on Foreign Affairs of the
House of Representatives.
``(iv) One member appointed by the chair,
and one member appointed by the ranking member,
of the Committee on Appropriations of the
Senate.
``(v) One member appointed by the chair,
and one member appointed by the ranking member,
of the Committee on Appropriations of the House
of Representatives.
``(vi) One member appointed by the majority
leader, and one member appointed by the
minority leader, of the Senate.
``(vii) One member appointed by the
Speaker, and one member appointed by the
minority leader, of the House of
Representatives.
``(B) International participation.--The
Administrator may appoint up to 2 additional members to
the advisory board who are representatives of foreign
governments or international organizations for
renewable periods of 3 years.
``(C) Qualifications.--Members of the advisory
board shall have demonstrated regional expertise and
experience and expertise in conflict mitigation and
people-to-people programs.
``(D) Additional recommendations.--The
Administrator should consider the input and
recommendations from missions of the United States
Agency for International Development in the region and
mission directors when considering types of
projects.''.
SEC. 9005. JOINT INVESTMENT FOR PEACE INITIATIVE.
(a) Establishment.--Beginning on the date that is 180 days after
the date of the enactment of this Act, the Chief Executive Officer of
the United States International Development Finance Corporation
(referred to in this section as the ``Chief Executive Officer'' and the
``Corporation'', respectively) is authorized to establish a program to
provide investments in entities that carry out projects that contribute
to the development of the Palestinian private sector economy. The
program established under this subsection shall be known as the ``Joint
Investment for Peace Initiative'' (referred to in this section as the
``Initiative'').
(b) Participation Requirement.--In providing investments through
the Initiative, the Chief Executive Officer shall ensure participation
by small and medium-sized enterprises owned by Palestinians.
(c) Priority.--In providing investments through the Initiative, the
Chief Executive Officer shall prioritize projects that increase
economic cooperation between Israelis and Palestinians.
(d) Use of Existing Authorities.--In carrying out the Initiative,
the Chief Executive Officer shall utilize the authorities under section
1421 of the Better Utilization of Investments Leading to Development
Act of 2018 (22 U.S.C. 9621) to--
(1) select a manager of the Initiative with the consensus
of the majority of the Board of Directors of the Corporation;
(2) oversee and direct the operation of the Initiative
consistent with such Act and other provisions of law;
(3) provide the Initiative with loans, guaranties, equity,
and insurance, as appropriate, to enable the Initiative to
attract private investment; and
(4) carry out the purposes of the Initiative consistent
with the provisions of this section and other applicable
provisions of law.
(e) Expenditures.--Funds made available to carry out the Initiative
shall be expended at the minimum rate necessary to make timely payments
for projects and activities carried out under the Initiative.
(f) Private Character of Initiative.--Any entity that receives an
investment under the Initiative shall not by virtue of receipt of such
investment be considered to be an agency or establishment of the United
States Government for purposes of title 5, United States Code.
(g) Oversight.--Operations of the Corporation under the Initiative
shall be subject to--
(1) audits, investigations, and inspections conducted by
the Office of the Inspector General of the United States
International Development Finance Corporation; and
(2) assessment by the Comptroller General of the United
States.
(h) Annual Report.--
(1) In general.--Not later than December 31, 2021, and each
December 31 thereafter, the Chief Executive Officer shall
submit to the appropriate congressional committees a report
that describes the following:
(A) The extent to which the Initiative has
contributed to promoting and supporting Palestinian
economic development.
(B) The extent to which the Initiative has
contributed to greater integration of the Palestinian
economy into the international rules-based business
system.
(C) The extent to which projects that increase
economic cooperation between Israelis and Palestinians
have been prioritized.
(D) Information on the following:
(i) Investments received and provided
through the Initiative.
(ii) The mechanisms established for
transparency and accountability of investments
provided through the Initiative.
(E) A description of the Initiative's operations,
activities, budget, receipts, and expenditures for the
preceding 12-month period, including an audited report
of the Initiative's finances which shall further
include statements of financial position, operations,
equity positions and cash flows, in accordance with
generally accepted government auditing standards
prescribed by the Comptroller General of the United
States.
(F) Lessons learned from improvements to the
efficacy of people-to-people relationships.
(G) A description of potential strategies for
achieving sustainability for civic institutions that
the Initiative develops or supports, including novel
financing mechanisms.
(H) A description of the process for vetting and
oversight of entities eligible for support from the
Initiative to ensure compliance with the requirements
of section 9006(b).
(2) Form.--The reports required under this subsection shall
be submitted in unclassified form, without the designation
``For Official Use Only'' or any related or successor
designation, but may be accompanied by a classified annex.
(i) Exceptions to Certain Limitations.--In providing investments
through the Initiative described in subsection (c)--
(1) the Corporation may provide support for projects in
countries with upper-middle-income economies or high-income
economies (as those terms are defined by the International Bank
for Reconstruction and Development and the International
Development Association); and
(2) the restriction under section 1412(c)(2) of the Better
Utilization of Investments Leading to Development Act of 2018
(22 U.S.C. 9612(c)(2)) shall not apply with respect to support
for projects in countries described in paragraph (1).
(j) Termination.--
(1) In general.--The authority to carry out the Initiative
shall terminate on the date that is 10 years after the date on
which the Chief Executive Officer makes the first investment
under the Initiative.
(2) Exception.--The Chief Executive Officer is authorized
to continue to manage investments made under the Initiative on
and after the date specified in paragraph (1).
SEC. 9006. LIMITATIONS, VETTING, COORDINATION, AND OVERSIGHT.
(a) Limitations.--None of the funds made available to carry out
this title, or any amendment made by this title, may be used to
provide--
(1) financial assistance to the national government of any
foreign country;
(2) assistance for--
(A) any individual or group the Secretary of State
determines to be involved in, or advocating, terrorist
activity; or
(B) any individual who is a member of a foreign
terrorist organization (as designated pursuant to
section 219 of the Immigration and Nationality Act (8
U.S.C. 1189)); or
(3) assistance for the Palestinian Authority or the
Palestine Liberation Organization.
(b) Applicable Regulations.--Assistance made available under this
title, and any amendment made by this title, shall adhere to the
mission directives and vetting practices for assistance for the West
Bank and Gaza, as set forth by the United States Agency for
International Development.
(c) Coordination.--
(1) The Chief Executive Officer of the United States
International Development Finance Corporation, acting through
the Chief Development Officer of such Corporation, shall
coordinate with the Administrator of the United States Agency
for International Development to ensure that all expenditures
from the Joint Investment for Peace Initiative comply with this
section.
(2) To the extent practicable, the Administrator of the
United States Agency for International Development and the
Chief Executive Officer of the United States International
Development Finance Corporation should coordinate and share
information in advance of providing resources through the
People-to-People Partnership for Peace Fund and the Joint
Investment for Peace Initiative.
(d) Report.--
(1) In general.--Not later than 90 days after the end of
the first fiscal year in which both the People-to-People
Partnership for Peace Fund and the Joint Investment for Peace
Initiative are in effect, and annually thereafter, the
Administrator of the United States Agency for International
Development and the Chief Executive Officer of the United
States International Development Finance Corporation shall
jointly submit to the appropriate congressional committees a
report in writing that describes--
(A)(i) lessons learned and best practices developed
from funding for projects under the People-to-People
Partnership for Peace Fund during the prior fiscal
year; and
(ii) the extent to which such projects have
contributed to the purposes of the People-to-People
Partnership for Peace Fund;
(B)(i) lessons learned and best practices developed
from investments provided under the Joint Investment
for Peace Initiative during the prior fiscal year; and
(ii) the extent to which such investments have
contributed to the purposes of the Joint Investment for
Peace Initiative; and
(C) how the United States International Development
Finance Corporation and the United States Agency for
International Development coordinate and share
information with respect to the People-to-People
Partnership for Peace Fund and the Joint Investment for
Peace Initiative.
(2) Consultation.--The Administrator of the United States
Agency for International Development shall consult with the
advisory board established by subsection (e) of section 535 of
the Foreign Assistance Act of 1961 (as added by section 9004)
to inform the reports required by paragraph (1).
SEC. 9007. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
has the meaning given that term in section 1402 of the Better
Utilization of Investments Leading to Development Act of 2018 (22
U.S.C. 9601).
SEC. 9008. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this title, and the amendments made by this title, $50,000,000 for
each of the first 5 fiscal years beginning after the date of the
enactment of this Act.
(b) Availability of Amounts to Carry Out Section 535 of the Foreign
Assistance Act of 1961.--Of the amounts authorized to be appropriated
by subsection (a) for each of the fiscal years described in such
subsection, the following amounts shall be made available to carry out
section 535 of the Foreign Assistance Act of 1961 (as added by section
9004):
(1) 60 percent of such amounts for the first fiscal year.
(2) 50 percent of such amounts for the second fiscal year.
(3) 40 percent of such amounts for each of the third and
fourth such fiscal years.
(4) 30 percent of such amounts for the fifth such fiscal
year.
(c) Administrative Expenses.--Not more than 3 percent of amounts
authorized to be appropriated by subsection (a) for a fiscal year may
be made available for administrative expenses to carry out section 535
of the Foreign Assistance Act of 1961 (as added by section 9004).
(d) Availability.--Amounts authorized to be appropriated by
subsection (a) for a fiscal year are authorized to remain available for
such fiscal year and the subsequent 4 fiscal years.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2021''.
Union Calendar No. 356
116th CONGRESS
2d Session
H. R. 7608
[Report No. 116-444]
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A BILL
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2021, and
for other purposes.
_______________________________________________________________________
July 13, 2020
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed