H.R. 4665 — what changed
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024
From Reported in House to Engrossed in House. 6 sections amended and 18 added between Reported in House and Engrossed in House.
Sec. 7004
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.
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 2024, 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.
Interim and temporary facilities abroad—
Security vulnerabilities— Funds appropriated by this Act under the heading “Embassy Security, Construction, and Maintenance” may be made available, following consultation with the appropriate congressional committees, to address security vulnerabilities at interim and temporary United States diplomatic facilities abroad, including physical security upgrades and local guard staffing.
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.
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Soft targets— Funds appropriated by this Act under the heading “Embassy Security, Construction, and Maintenance” may be made available for security upgrades to soft targets, including schools, recreational facilities, residences, and residences places of worship used by United States diplomatic personnel and their dependents.
Limitation on Art in Embassies— Section 5112 of the Department of State Authorization Act of 2021 (title LI of division E of Public Law 117–81) shall continue in effect during fiscal year 2024, notwithstanding subsection (c) of such section.
Sec. 7034
Victims of war, displaced children, and displaced burmese— Funds appropriated in title III of this Act that are made available for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking may be made available notwithstanding any other provision of law.
Forensic assistance—
Funds appropriated by this Act under the heading “Economic Support Fund” 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.
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Of the funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement”, not less than $10,000,000 (increased by $3,000,000) shall be made available for DNA forensic technology programs to combat human trafficking in Central America and Mexico.
World food programme— Funds managed by the Bureau for Humanitarian Assistance, United States Agency for International Development from this Act may be made available as a general contribution to the World Food Programme.
Directives and authorities—
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.).
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.
Special envoy for holocaust issues— Funds appropriated by this Act under the heading “Diplomatic Programs” may be made available for the Special Envoy for Holocaust Issues notwithstanding the limitation of section 7064(e)(3) of this Act.
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, including partnerships with philanthropic foundations, up to $50,000,000 may remain available until September 30, 2026: Provided, That funds made available pursuant to this paragraph may only be made available following prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
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.
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.
Payments— 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” and “Operating Expenses”, except for funds designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, are available to provide payments pursuant to section 901(i)(2) of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided, That funds made available pursuant to this paragraph shall be subject to prior consultation with the Committees on Appropriations.
Partner vetting— Prior to initiating a partner vetting program, providing a direct vetting option, or making a significant change to the scope of an existing partner vetting program, the Secretary of State and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations: Provided, That the Secretary and the Administrator shall provide a direct vetting option for prime awardees in any partner vetting program initiated or significantly modified after the date of enactment of this Act, unless the Secretary or 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: Provided further, That the Secretary and the Administrator may restrict the award of, terminate, or cancel contracts, grants, or cooperative agreements or require an awardee to restrict the award of, terminate, or cancel a sub-award based on information in connection with a partner vetting program.
International child abductions— The Secretary of State should withhold funds appropriated under title III of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: Provided, That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection.
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 2024, 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.
Extension of authorities—
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, 2024.
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.
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 2024.
Protective services— Section 7071 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103) shall continue in effect during fiscal year 2024 and shall be applied to funds appropriated by this Act by substituting “$40,000,000” for “$30,000,000”.
Extension of loan guarantees to israel— Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 576) is amended under the heading “Loan Guarantees to Israel”—
in the matter preceding the first proviso, by striking “September 30, 2028” and inserting “September 30, 2029”; and
in the second proviso, by striking “September 30, 2028” and inserting “September 30, 2029”.
Extension of certain personal services contract authority— The authority provided in section 2401 of division C of the Extending Government Funding and Delivering Emergency Assistance Act (Public Law 117–43) shall remain in effect through September 30, 2024.
Extension of certain requirements— During the current fiscal year, sections (2), (3), and (4) of the PEPFAR Extension Act of 2018 (Public Law 115–305) shall be applied by substituting “2024” for “2023” each place it occurs.
Monitoring and evaluation—
Beneficiary feedback— Funds appropriated by this Act that are made available for monitoring and evaluation of assistance under the headings “Development Assistance”, “International Disaster Assistance”, and “Migration and Refugee Assistance” shall be made available for the regular and systematic collection of feedback obtained directly from beneficiaries to enhance the quality and relevance of such assistance: Provided, That the Secretary of State and USAID Administrator shall regularly conduct oversight to ensure that such feedback is collected and used by implementing partners to maximize the cost-effectiveness and utility of such assistance.
Ex-post evaluations— Of the funds appropriated by this Act under titles III and IV, not less than $10,000,000 should be made available for ex-post evaluations of the effectiveness and sustainability of United States Government-funded assistance programs.
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 child survival, malaria, and tuberculosis 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 Appropriations 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.
Loans, consultation, and notification—
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, Small Island Developing States, 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.
Foreign military financing direct loans— During fiscal year 2024, direct loans under section 23 of the Arms Export Control Act may be made available for North Atlantic Treaty Organization (NATO) or Major Non-NATO Allies, notwithstanding section 23(c)(1) of the Arms Export Control Act, gross obligations for the principal amounts of which shall not exceed $8,000,000,000: Provided, That funds appropriated under the heading “Foreign Military Financing Program” in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, including balances that were previously designated by the Congress for Overseas Contingency Operation/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 made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of such loans: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 and may include the costs of selling, reducing, or cancelling any amounts owed to the United States or any agency of the United States: Provided further, That the Government of the United States may charge fees for such loans, which shall be collected from borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further, That no funds made available to the North Atlantic Treaty Organization (NATO) or Major Non-NATO Allies by this or any other appropriations Act for this fiscal year or prior fiscal years may be used for payment of any fees associated with such loans: Provided further, That such loans shall be repaid in not more than 12 years, including a grace period of up to one year on repayment of principal: Provided further, That amounts made available under this paragraph for such costs shall not be considered assistance for the purposes of provisions of law limiting assistance to a country.
Foreign military financing loan guarantees— Funds appropriated under the heading “Foreign Military Financing Program” in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, including balances 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, may be made available, notwithstanding the third proviso under such heading, for the costs of loan guarantees under section 24 of the Arms Export Control Act for North Atlantic Treaty Organization (NATO) or Major Non-NATO Allies: Provided, That such funds are available to subsidize gross obligations for the principal amount of commercial loans, and total loan principal, any part of which is to be guaranteed, not to exceed $8,000,000,000: Provided further, That no loan guarantee with respect to any one borrower may exceed 80 percent of the loan principal: Provided further, That any loan guaranteed under this paragraph may not be subordinated to another debt contracted by the borrower or to any other claims against the borrower in the case of default: Provided further, That repayment in United States dollars of any loan guaranteed under this paragraph shall be required within a period not to exceed 12 years after the loan agreement is signed: Provided further, That the Government of the United States may charge fees for such loan guarantees, as may be determined, notwithstanding section 24 of the Arms Export Control Act, which shall be collected from borrowers or third parties on behalf of such borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further, That amounts made available under this paragraph for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country.
Limitation— Prior to offering Foreign Military Financing Program loans or loan guarantees to Major Non-NATO Allies, the Secretary of State shall determine and report to the appropriate congressional committees that such partners do not support any foreign adversary as defined by 15 CFR § 7.4.
Consultation and notification— Funds made available pursuant to the authorities of this subsection shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations.
Local works—
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, 2028.
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.
Definitions—
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.
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.
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.
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—
realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals;
amounts and sources of funds by account;
how such funds will complement other ongoing or planned programs; and
implementing partners, to the maximum extent practicable.
Successor operating unit— Any reference to a particular operating unit or office in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be deemed to include any successor operating unit performing the same or similar functions.
USAID— In this Act, the term USAID means the United States Agency for International Development.
Sec. 7037
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—
the governing entity of a new Palestinian state—
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has demonstrated a firm commitment to peaceful co-existence with the State of Israel; andIsrael;
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exercises full territorial jurisdiction over the Gaza strip; and
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was (1)(3)(3)
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
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—
termination of all claims or states of belligerency;
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;
their right to live in peace within secure and recognized boundaries free from threats or acts of force;
freedom of navigation through international waterways in the area; and
a framework for achieving a just settlement of the refugee problem.
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.
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.
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”).
Sec. 7043
Burma—
Uses of funds— Funds appropriated by this Act under the heading “Economic Support Fund” may be made available for assistance for Burma to support implementation of paragraphs (1) through (7) of section 5575 of the BURMA Act of 2022 (subtitle E of title LV of division E of Public Law 117–263), and, which—
may be made available notwithstanding any other provision of law that restricts assistance to countries, except for the limitations of section 5576 of such Act and section 7008 of this Act, and following consultation with the appropriate congressional committees;
may be made available for support for the administrative operations and programs of entities that support peaceful efforts to establish an inclusive and representative democracy in Burma and a federal union to foster equality and justice among Burma’s diverse ethnic groups;
shall be made available for programs to promote ethnic and religious tolerance, unity, and accountability and to combat violence against women and girls across Burma, and among Burmese displaced and refugee populations in the region;
shall be made available for community-based organizations with experience operating in Thailand and may be made available elsewhere outside of Burma to provide food, medical, and other humanitarian assistance to internally displaced persons in Burma, in addition to assistance for Burmese refugees from funds appropriated by this Act under the heading “Migration and Refugee Assistance”; and
shall be made available for programs and activities to investigate and document violations of human rights in Burma committed by the military junta and its affiliated militias.
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.
Limitations— None of the funds appropriated by this Act that are made available for assistance for Burma may be made available to the State Administration Council or any organization or entity controlled by, or an affiliate of, the armed forces of Burma, or to any individual or organization that has committed a gross violation of human rights or advocates violence against ethnic or religious groups or individuals in Burma, as determined by the Secretary of State for programs administered by the Department of State and the United States Agency for International Development or the President of the National Endowment for Democracy (NED) for programs administered by NED.
Consultation— Any new program or activity in Burma initiated in fiscal year 2024 shall be subject to prior consultation with the appropriate congressional committees.
Cambodia—
Certification and exceptions—
Certification— None of the funds appropriated by this Act that are made available for assistance for the Government of Cambodia may be obligated or expended unless the Secretary of State certifies and reports to the Committees on Appropriations that such Government is taking effective steps to—
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;
assert its sovereignty against interference by the People’s Republic of China, including by verifiably maintaining the neutrality of Ream Naval Base, other military installations in Cambodia, and dual use facilities such as the runway at the Dara Sakor development project;
cease violence, threats, and harassment against civil society and the political opposition in Cambodia, and dismiss any politically motivated criminal charges against critics of the government; and
respect the rights, freedoms, and responsibilities enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993.
Exceptions— The certification required by subparagraph (A) shall not apply to funds appropriated by this Act and made available for programs to strengthen the sovereignty of Cambodia, and programs to educate and inform the people of Cambodia of the influence activities of the People’s Republic of China in Cambodia.
Uses of funds— Funds appropriated under title III of this Act for assistance for Cambodia shall be made available for—
research, documentation, and education programs associated with the Khmer Rouge in Cambodia; and
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.
Indo-Pacific strategy and the asia reassurance initiative act of 2018—
Diplomatic engagement— Of the funds appropriated under title I of this Act, not less than $1,238,255,000 should be made available to support implementation of the Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 2018 (Public Law 115–409): Provided, That funds under the heading “Diplomatic Program” that are allocated pursuant to this paragraph may be transferred to, and merged with, funds under the heading “Related Programs” in title I of this Act and under the heading “Operating Expenses” in title II of this Act to carry out the purposes of this paragraph: Provided further, That the transfer authority of this paragraph is in addition to any other transfer authority provided by this Act or any other Act and shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
Assistance— Of the funds appropriated under titles III and IV of this Act, not less than $2,161,745,000 shall be made available to support implementation of the Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 2018 (Public Law 115–409).
Countering prc influence fund— Of the funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, and “Foreign Military Financing Program”, not less than $400,000,000 shall be made available for a Countering PRC Influence Fund to counter the influence of the Government of the People’s Republic of China and the Chinese Communist Party and entities acting on their behalf globally, which shall be subject to prior consultation with the Committees on Appropriations: Provided, That such funds are in addition to amounts otherwise made available for such purposes: Provided further, That up to 10 percent of such funds shall be held in reserve to respond to unanticipated opportunities to counter PRC influence: Provided further, That the uses of such funds shall be the joint responsibility of the Secretary of State and the USAID Administrator, and shall be allocated as described under this section in the report accompanying this Act: Provided further, That funds made available pursuant to this paragraph under the heading “Foreign Military Financing Program” may remain available until September 30, 2025: Provided further, That funds appropriated by this Act for such Fund under the headings “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, and “Foreign Military Financing Program” 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.
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—
the Belt and Road Initiative or any dual-use infrastructure projects of the People’s Republic of China; or
the use of technology, including biotechnology, digital, telecommunications, and cyber, developed by the People’s Republic of China unless the Secretary of State, in consultation with the USAID Administrator and the heads of other Federal agencies, as appropriate, determines that such use does not adversely impact the national security of the United States.
Maps— None of the funds made available by this Act should be used to create, procure, or display any map that inaccurately depicts the territory and social and economic system of Taiwan and the islands or island groups administered by Taiwan authorities.
North korea—
Cybersecurity— None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for the central government of a country the Secretary of State determines and reports to the appropriate congressional committees engages in significant transactions contributing materially to the malicious cyber-intrusion capabilities of the Government of North Korea: Provided, That the Secretary of State shall submit the report required by section 209 of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114–122; 22 U.S.C. 9229) to the Committees on Appropriations: Provided further, That the Secretary of State may waive the application of the restriction in this paragraph with respect to assistance for the central government of a country if the Secretary determines and reports to the appropriate congressional committees that to do so is important to the national security interest of the United States, including a description of such interest served.
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.
Human rights— Funds appropriated by this Act under the headings “Economic Support Fund” and “Democracy Fund” shall be made available for the promotion of human rights in North Korea: Provided, That the authority of section 7032(b)(1) of this Act shall apply to such funds.
Limitation on use of funds— None of the funds made available by this Act under the heading “Economic Support Fund” may be made available for assistance for the Government of North Korea.
Pacific islands countries—
Operations— Funds appropriated under title I in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for establishing and operating diplomatic facilities in Kiribati, Tonga, Solomon Islands, and Vanuatu, subject to section 7015(a)(3) of this Act and following consultation with the Committees on Appropriations.
Assistance— Of the funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, and “Foreign Military Financing Program”, not less than $175,000,000 shall be made available for assistance for Pacific Islands countries following consultation with the Committees on Appropriations: Provided, That funds made available pursuant to this paragraph shall be made available for joint development and security programs between the United States and such countries in coordination with regional allies and partners, including Taiwan.
People's republic of china—
Prohibition—
None of the funds appropriated by this Act may be made available for assistance for the Government of People’s Republic of China or the Chinese Communist Party.
None of the funds made available by this Act shall be used to implement, administer, carry out, modify, revise, or enforce any action that directly supports or facilitates forced labor or other violations of human rights, crimes against humanity, or genocide in the People’s Republic of China.
Hong kong—
Democracy programs— Of the funds appropriated by this Act under the first paragraph under the heading “Democracy Fund”, not less than $5,000,000 shall be made available for democracy and Internet freedom programs for Hong Kong, including legal and other support for democracy activists.
Report— The report required under section 7043(f)(3)(C) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260) shall be updated and submitted to the Congress in the manner described.
Philippines— Of the funds appropriated by this Act under the heading “Foreign Military Financing Program”, not less than $40,000,000 shall be made available for assistance for the Philippines.
Taiwan—
Global cooperation and training framework— Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $4,000,000 shall be made available for the Global Cooperation and Training Framework, which shall be administered by the American Institute in Taiwan, and shall be apportioned and allotted to the American Institute in Taiwan not later than 60 days after the date of enactment of this Act.
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Foreign military financing program— Of the funds appropriated by this Act under the heading “Foreign Military Financing Program”, not less than $500,000,000 (increased by $10,000,000) shall be made available for assistance for Taiwan, as authorized by section 5502(h) of the Taiwan Enhanced Resilience Act (subtitle A of title LV of division E of Public Law 117–263): Provided, That the Secretary of State, in coordination with the Secretary of Defense, shall prioritize the delivery of defense articles and services for Taiwan.
Foreign military financing program loan and loan guarantee authority— Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading “Foreign Military Financing Program”, except for amounts designated as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of direct loans and loan guarantees for Taiwan, as authorized by section 5502(g) of the Taiwan Enhanced Resilience Act (subtitle A of title LV of division E of Public Law 117–263).
Fellowship program— Funds appropriated by this Act under the heading “Payment to the American Institute in Taiwan” shall be made available to establish a Taiwan Fellowship Program.
Consultation— Not later than 60 days after the date of enactment of this Act, the Secretary of State shall consult with the Committees on Appropriations on the uses of funds made available pursuant to this subsection: Provided, That such funds shall be subject to the regular notification procedures of the Committees on Appropriations.
Tibet—
Programs for tibetan communities—
Notwithstanding any other provision of law, of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $10,000,000 shall be made available to nongovernmental organizations with experience working with Tibetan communities 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, as authorized by section 346(d) of the Tibetan Policy and Support Act of 2020 (subtitle E of title III of division FF of Public Law 116–260).
Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $8,000,000 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, as authorized by section 346(e) of the Tibetan Policy and Support Act of 2020 (subtitle E of title III of division FF of Public Law 116–260): Provided, That such funds are in addition to amounts made available in subparagraph (A) for programs inside Tibet.
Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $5,000,000 shall be made available for programs to strengthen the capacity of the Central Tibetan Administration, as authorized by section 346(f) of the Tibetan Policy and Support Act of 2020 (subtitle E of title III of division FF of Public Law 116–260), of which not less than $2,000,000 shall be provided to address economic growth and capacity building activities, including for displaced Tibetan refugee families in India and Nepal to help them meet basic needs: Provided, That such funds shall be administered by USAID.
Sec. 7060
Basic education and higher education—
Basic education—
Of the funds appropriated under title III of this Act, not less than $970,000,000 shall be made available for the Nita M. Lowey Basic Education Fund: Provided, That such funds shall also be used for secondary education activities: Provided further, That of the funds made available by this paragraph, $150,000,000 should be available for the education of girls in areas of conflict.
Of the funds appropriated under title III of this Act for assistance for basic education programs, not less than $160,000,000 shall be made available for contributions to multilateral partnerships that support education.
Higher education— Of the funds appropriated by title III of this Act, not less than $285,000,000 shall be made available for assistance for higher education: Provided, 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 of such amount and in addition to the previous proviso, not less than $50,000,000 shall be made available for higher education programs pursuant to section 7060(a)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260).
Conservation programs—
Biodiversity— Of the funds appropriated under title III of this Act, not less than $385,000,000 shall be made available for biodiversity conservation programs.
Wildlife poaching and trafficking—
Of the funds appropriated under titles III and IV of this Act, not less than $125,000,000 shall be made available to combat the transnational threat of wildlife poaching and trafficking.
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.
Development programs— Of the funds appropriated by this Act under the heading “Development Assistance”, not less than $18,500,000 shall be made available for United States Agency for International Development cooperative development programs and not less than $31,500,000 shall be made available for the American Schools and Hospitals Abroad program.
Disability programs— Funds appropriated by this Act under the heading “Development Assistance” shall be made available for programs and activities administered by USAID to address the needs of, and protect and promote the rights of, people with disabilities in developing countries.
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Food security and agricultural development— Of the funds appropriated by title III of this Act, not less than $1,010,600,000 (increased by $9,000,000) (reduced by $9,000,000) shall be made available for food security and agricultural development programs to carry out the purposes of the Global Food Security Act of 2016 (Public Law 114–195), as amended, including for the Feed the Future Innovation Labs: 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).
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.
Water and sanitation— Of the funds appropriated by this Act, not less than $475,000,000 shall be made available for water supply and sanitation projects pursuant to section 136 of the Foreign Assistance Act of 1961, of which not less than $237,000,000 shall be for programs in sub-Saharan Africa.
Deviation— Unless otherwise provided for by this Act, the Secretary of State and the USAID Administrator, as applicable, may deviate below the minimum funding requirements designated in sections 7059 and 7060 of this Act by up to 10 percent, notwithstanding such designation: Provided, That such deviations shall only be exercised to address unforeseen or exigent circumstances, including a change in country context: Provided further, That concurrent with the submission of the report required by section 653(a) of the Foreign Assistance Act of 1961, the Secretary shall submit to the Committees on Appropriations in writing any proposed deviations utilizing such authority that are planned at the time of submission of such report: Provided further, That any deviations proposed subsequent to the submission of such report shall be subject to prior consultation with such Committees: Provided further, That not later than November 1, 2025, the Secretary shall submit a report to the Committees on Appropriations on the use of the authority of this subsection.
Sec. 9001
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$0.$0 (increased by $1,000,000,000).
Sec. 9002
addedadded None of the funds made available by this Act may be used in contravention of section 221 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103–416; 108 Stat. 4321; 8 U.S.C. 1101 note).
Sec. 9003
addedadded None of the funds appropriated or otherwise made available by this Act may be made available to create, procure, or display any map that inaccurately depicts the occupied country of Tibet as part of the People’s Republic of China.
Sec. 9004
addedadded None of the funds appropriated or otherwise made available by this Act may be made available to enforce the restrictions outlined under the headings “Visits and Travel” (regarding limitations on “Travel to Taiwan”) and “Communications” (regarding limitations on “Name”, “Symbols of Sovereignty”, and “Correspondence”) in the Department of State's June 29, 2021, Memorandum for All Department and Agency Executive Secretaries entitled “Revised Guidelines on Interacting with Taiwan”.
Sec. 9005
addedadded None of the funds made available by this Act may be used to pay Secretary Antony John Blinken a salary that exceeds $1.
Sec. 9006
addedadded None of the funds appropriated or otherwise made available by this Act may be made available for the Office of Palestinian Affairs.
Sec. 9007
addedadded None of the funds made available by this Act may be used for the adoption or implementation of the Global Compact for Safe, Orderly and Regular Migration set forth in the annex to the resolution adopted by the United Nations General Assembly on December 18, 2018 (A/RES/73/195).
Sec. 9008
addedadded None of the funds made available by this Act may be used to enforce or otherwise implement a requirement for individuals traveling outside of the United States to receive a vaccination against COVID–19.
Sec. 9009
addedadded None of the funds made available by this Act under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) (relating to the economic support fund) may be obligated or expended for assistance for Mexico.
Sec. 9010
addedadded None of the funds made available by this Act may be used to carry out or administer any Remote Work Agreement of a domestically-assigned direct-hire employee if the employee’s alternate worksite is located outside of the locality pay area of the regular worksite for the employee’s position of record.
Sec. 9011
addedadded None of the funds appropriated by this Act may be made available to support the negotiations toward an extension of the Scientific and Technological Cooperation Protocol Between the United States of America and China.
Sec. 9012
addedadded None of the funds made available by this Act may be used to implement the decision by the United Nations Framework Convention on Climate Change’s 21st Conference of Parties in Paris, France, adopted December 12, 2015, commonly known as the “Paris Agreement”.
Sec. 9013
addedadded None of the funds appropriated or otherwise made available by this Act may be made available for any employee of the Department of State to travel to or attend any conference or event hosted by the Clinton Global Initiative.
Sec. 9014
addedadded None of the funds made available by this Act may be used for the Art in Embassies program of the Department of State.
Sec. 9015
addedadded The salary of Robert Malley, the United States Special Envoy to Iran, shall be reduced to $1.
Sec. 9016
addedadded None of the funds made available by this Act may be used for the Special Presidential Envoy for Climate.
Sec. 9017
addedadded None of the funds made available by this Act may be used to move the United States embassy in Israel to a location other than Jerusalem.
Sec. 9018
addedadded None of the funds appropriated by this Act may be used to implement any of the following executive orders:
added
Executive Order No. 13990, relating to Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis.
added
Executive Order No. 14008, relating to Tackling the Climate Crisis at Home and Abroad.
added
Section 6 of Executive Order No. 14013, relating to Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration.
added
Executive Order No. 14030, relating to Climate-Related Financial Risk.
added
Executive Order No. 14057, relating to Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability.
added
Executive Order No. 14082, relating to Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022.
added
Executive Order No. 14096, relating to Revitalizing Our Nation's Commitment to Environmental Justice for All.
Sec. 9019
addedadded None of the funds appropriated or otherwise made available by this Act may be made available in contravention of the notice entitled “In the Matter of the Designation of the Islamic Revolutionary Guard Corps (and Other Aliases) as a Foreign Terrorist Organization” issued by the Department of State on April 15, 2019 (84 Fed. Reg. 15278).